Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S525 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 2116 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 525
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jason M. Lewis
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to reduce single-use plastics from the environment.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Jason M. LewisFifth MiddlesexMichael J. BarrettThird Middlesex1/30/2023Joanne M. ComerfordHampshire, Franklin and Worcester3/6/2023 1 of 28
16	16	SENATE DOCKET, NO. 2116 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 525
18	18	By Mr. Lewis, a petition (accompanied by bill, Senate, No. 525) of Jason M. Lewis, Michael J.
19	19	Barrett and Joanne M. Comerford for legislation to reduce single-use plastics from the
20	20	environment. Environment and Natural Resources.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 579 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act to reduce single-use plastics from the environment.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Prevent Plastic Grocery Bags from Entering the Environment
32	32	2 Title II of the General Laws is hereby amended by inserting after chapter 21O the
33	33	3following chapter:
34	34	4 CHAPTER 21P: PLASTIC BAG REDUCTION
35	35	5 Section 1. As used in this chapter, the following words shall have the following meanings
36	36	6unless the context clearly requires otherwise:
37	37	7 “Postconsumer recycled material”, a material that would otherwise be destined for solid
38	38	8waste disposal, having completed its intended end use and product life cycle. Postconsumer 2 of 28
39	39	9recycled material does not include materials and byproducts generated from, and commonly
40	40	10reused within, an original manufacturing and fabrication process.
41	41	11 “Recycled paper bag”, a paper bag that is (i) 100 per cent recyclable; (ii) contains a
42	42	12minimum of 40 per cent postconsumer recycled materials, provided, however, that an 8 pound or
43	43	13smaller recycled paper bag shall contain a minimum of 20 per cent postconsumer recycled
44	44	14material; and (iii) displays the words "Recyclable" and "made from 40% post-consumer recycled
45	45	15content" or other applicable amount in a visible manner on the outside of the bag.
46	46	16 “Reusable grocery bag”, a sewn bag with stitched handles that is (i) specifically designed
47	47	17and manufactured for at least 175 uses; (ii) can carry 25 pounds over a distance of 300 feet; and
48	48	18(iii) is made of cloth or other machine-washable fabric other than polyethylene or polyvinyl
49	49	19chloride.
50	50	20 “Single-use carryout bag”, a bag made of plastic, paper, or other material that is provided
51	51	21by a Retail establishment to a customer at the point of sale and that is not a recycled paper bag or
52	52	22a reusable grocery bag. A single-use carryout bag does not include the following: (i) a paper bag
53	53	23provided by a pharmacy to a customer purchasing a prescription medication; (ii) a non-handled
54	54	24bag used to protect items from damaging or contaminating other purchased items placed in a
55	55	25recycled paper bag, a reusable grocery bag; (iii) a bag provided to contain an unwrapped food
56	56	26item; or (iv) a non-handled bag that is designed to be placed over articles of clothing on a hanger.
57	57	27 “Retail establishment”, a store or premises in which a person is engaged in the retail
58	58	28business of selling or providing merchandise, goods, groceries, prepared take-out food and
59	59	29beverages for consumption off-premises or the servicing of an item, directly to customers at such
60	60	30store or premises, including, but not limited to, grocery stores, department stores, pharmacies, 3 of 28
61	61	31convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including
62	62	32farmers markets and public markets; provided, however, that a “retail establishment” shall also
63	63	33include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable
64	64	34roadside stand used by a person from which to engage in such business directly with customers
65	65	35and business establishments without a storefront, including, but not limited to, a business
66	66	36delivering prepared foods or other food items, web-based or catalog business or delivery services
67	67	37used by a retail establishment; provided further, that a “retail establishment” shall include a non-
68	68	38profit organization, charity or religious institution that has a retail establishment and holds itself
69	69	39out to the public as engaging in retail activities that are characteristic of similar type retail
70	70	40businesses, whether or not for profit when engaging in such activity.
71	71	41 Section 2. (a) Eighteen months after the enactment of this law, a Retail establishment
72	72	42may only make available for purchase at the point of sale a reusable grocery bag.
73	73	43 (b) For up to 180 days from the date of enactment, a Retail establishment may make
74	74	44available for purchase at the point of sale a single-use carryout bag, reusable grocery bag, or
75	75	45recycled paper bag.
76	76	46 (c) 180 days after the enactment of this law, a Retail establishment may make available
77	77	47for purchase a recycled paper bag, for a charge of $0.10. This shall end eighteen months after the
78	78	48enactment of this law.
79	79	49 (d) 180 days after the enactment of this law, a Retail establishment may make available
80	80	50for purchase a reusable grocery bag, for a charge of no less than $0.10.
81	81	51 (e) All moneys collected pursuant to this section shall be retained by the Retail
82	82	52establishment. 4 of 28
83	83	53 (f) The department of environmental protection shall promulgate regulations with regard
84	84	54to the enforcement of this chapter. The department of environmental protection shall establish a
85	85	55small business exemption process by which a Retail establishment may elect to be exempt from
86	86	56the provisions of subsections (b) through (d) of this section. A Retail establishment electing for
87	87	57said exemption must provide to the department a self-audit attesting that they meet the following
88	88	58criteria:
89	89	59 (i) the owner of the Retail establishment has 3 or fewer store locations under the same
90	90	60ownership; and
91	91	61 (ii) each Retail establishment has less than 4,000 square feet of retail selling space; and
92	92	62 (iii) each Retail establishment has 15 or fewer employees employed at the store location;
93	93	63and either
94	94	64 (iv) the Retail establishment is not a food establishment as defined by 105 CMR
95	95	65590.001(C); or
96	96	66 (v) the Retail establishment provided to consumers at the point of sale less than 15,000
97	97	67carry-out bags or checkout bags in total during the previous calendar year.
98	98	68 Section 3. Any municipality with an existing ordinance, rule, regulation, or by-law
99	99	69banning or regulating single-use carryout bags, recycled paper bags, or reusable grocery bags in
100	100	70the commonwealth shall be null and void 180 days after the enactment of this law. The exclusive
101	101	71authority in regulating the labeling, distribution, sale, storage, transportation, use, and disposal of
102	102	72single-use carryout bags, recycled paper bags, and reusable grocery bags in the commonwealth
103	103	73shall be determined by this chapter. 5 of 28
104	104	74 SECTION 2. Reduce Polystyrene in the Environment
105	105	75 The General Laws are hereby amended by inserting after chapter 21P the following
106	106	76chapter:
107	107	77 Chapter 21Q.
108	108	78 Section 1. Definitions. As used in this chapter, the following words shall have the
109	109	79following meanings unless the context clearly requires otherwise:
110	110	80 “Disposable Food Service Ware” shall mean single-use or disposable products for
111	111	81heating, storing, packaging, serving, consuming, or transporting prepared or ready-to-consume
112	112	82food or beverages including, but not limited to, bowls, plates, trays, cartons, cups, lids, hinged or
113	113	83lidded containers, spoons, forks and knives. This includes any containers used by food
114	114	84establishments to heat, cook, or store food or beverages prior to serving, regardless of whether
115	115	85such containers are used to serve such food or beverages. Disposable Food Service Ware also
116	116	86includes any such implements sold by Retail Establishments to consumers for personal use.
117	117	87 “Foam Polystyrene” shall mean polystyrene in the form of a foam or expanded material,
118	118	88processed by any number of techniques including, but not limited to, fusion of polymer spheres
119	119	89(expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding
120	120	90(extruded foam polystyrene).
121	121	91 “Food Establishment” shall mean any operation that serves, vends or otherwise provides
122	122	92food or other products to third-parties for consumption and/or use on or off the premises,
123	123	93whether or not a fee is charged, but not including the service of food within a home or other
124	124	94private setting. Any facility requiring a food permit in accordance with the Massachusetts State 6 of 28
125	125	95Food Code, 105 CMR 590.000, et seq. and/or regulations of the Board of Health shall be
126	126	96considered a “food establishment” for purposes of this bylaw.
127	127	97 “Health Agent” shall mean the Health Agent for the city or town of the facility, or his/her
128	128	98designee.
129	129	99 “Packing Material” shall mean material used to hold, cushion, or protect items packed in
130	130	100a container for shipping transport or storage.
131	131	101 “Prepared Food” shall mean food or beverages, which are serviced, packaged, cooked,
132	132	102chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared (collectively
133	133	103“prepared”) for individual customers or consumers. Prepared Food does not include raw eggs or
134	134	104raw, butchered meats, fish, seafood, and/or poultry.
135	135	105 “Polystyrene” shall mean a synthetic polymer produced by polymerization of styrene
136	136	106monomer. Polystyrene includes both “Foam Polystyrene” and “Solid Polystyrene” as defined in
137	137	107this Bylaw. The International Resin Identification Code assigned to polystyrene materials is “6”.
138	138	108Polystyrene items may be identified by a "6" or "PS," either alone or in combination with other
139	139	109letters. The regulations and prohibitions relating to polystyrene in this law are intended to apply
140	140	110regardless of the presence or absence of an International Resin Identification Code or other
141	141	111identifying marks on the item.
142	142	112 “Retail Establishment” shall mean a store or premises engaged in the retail business of
143	143	113selling or providing merchandise, goods, groceries, prepared take-out food and beverages for
144	144	114consumption off-premises or the serving of an item directly to customers at such store or
145	145	115premises, including, but not limited to, grocery stores, department stores, pharmacies,
146	146	116convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including 7 of 28
147	147	117farmers markets and public markets; provided, however, that a “retail establishment” shall also
148	148	118include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable
149	149	119roadside stand used by a person from which to engage in such business directly with customers
150	150	120and business establishments without a storefront, including, but not limited to, a business
151	151	121delivering prepared foods or other food items, web-based or catalog business or delivery services
152	152	122used by a retail establishment; provided further, that a “retail establishment” shall include a non-
153	153	123profit organization, charity or religious institution that has a retail establishment and holds itself
154	154	124out to the public as engaging in retail activities that are characteristic of similar type commercial
155	155	125retail businesses, whether or not for profit when engaging in such activity.
156	156	126 “Solid Polystyrene” shall mean polystyrene, including clear (oriented) polystyrene,
157	157	127produced in a rigid form with minimal incorporation of air or other gas. Solid polystyrene is also
158	158	128referred to as ‘rigid polystyrene’.
159	159	129 Section 2. Regulated Conduct
160	160	130 a. One year after passage of this Act, no Food Establishment in the Commonwealth of
161	161	131Massachusetts may use, sell, offer for sale, or otherwise distribute disposable food service ware
162	162	132made from foam polystyrene or solid polystyrene.
163	163	133 b. One year after passage of this Act, no Retail Establishment in the Commonwealth of
164	164	134Massachusetts may sell, offer for sale, or otherwise distribute: 1. disposable food service ware
165	165	135made from foam polystyrene or solid polystyrene 2. meat trays, fish trays, seafood trays,
166	166	136vegetable trays, or egg cartons made in whole or in any part with foam polystyrene or solid
167	167	137polystyrene 3. distributing packing materials, including packing peanuts and shipping boxes
168	168	138made in whole or in any part with foam polystyrene that is not wholly encapsulated within a 8 of 28
169	169	139more durable material. 4. coolers, ice chests, or similar containers; pool or beach toys; and dock
170	170	140floats, mooring buoys, or anchor or navigation markers, which are made in whole or in any part
171	171	141with foam polystyrene that is not wholly encapsulated within a more durable material.
172	172	142 c. For the purposes of Section 2(b)(3), ‘distributing packing material’ does not include: 1.
173	173	143Re-using packing materials for shipping, transport, or storage within the same distribution
174	174	144system, where the packing materials are not sent to a customer or end user. 2. Receiving
175	175	145shipments within the Commonwealth that include polystyrene foam used as a packing material,
176	176	146provided that the goods were not packaged or repackaged within the Commonwealth of
177	177	147Massachusetts.
178	178	148 Section 3. Exemption
179	179	149 a) Nothing in this chapter shall prohibit individuals from using disposable food service
180	180	150ware or other items made of polystyrene purchased outside the Commonwealth of Massachusetts
181	181	151for personal use. b) Prepared food packaged outside the Commonwealth of Massachusetts is
182	182	152exempt from the provisions of this chapter, provided that it is sold or otherwise provided to the
183	183	153consumer in the same disposable food service ware in which it was originally packaged, and that
184	184	154the prepared food has not been altered or repackaged. c) The Commonwealth of Massachusetts
185	185	155Department of Environmental Protection or the Board of Health of the city or town in which the
186	186	156food or retail establishment is located may exempt a food establishment or retail establishment
187	187	157from any provision of this chapter for a period of up to six months upon written application by
188	188	158the owner or operator of that establishment. No exemption will be granted unless the Department
189	189	159of Environmental Protection or the Board of Health finds that (1) strict enforcement of the
190	190	160provision for which the exemption is sought would cause undue hardship; or (2) the food 9 of 28
191	191	161establishment or retail establishment requires additional time in order to draw down an existing
192	192	162inventory of a specific item regulated by this chapter. For purposes of this chapter, “undue
193	193	163hardship” shall mean a situation unique to a food establishment or retail establishment in which
194	194	164there are no reasonable alternatives to the use of materials prohibited by this chapter, and that
195	195	165compliance with this chapter would create significant economic hardship for the Establishment.
196	196	166 Section 4. Enforcement
197	197	167 Health Agents of the cities and towns of the Commonwealth of Massachusetts shall also
198	198	168have the authority to enforce this chapter. This chapter may be enforced through any lawful
199	199	169means in law or in equity, including but not limited to, noncriminal disposition pursuant to G.L.
200	200	170c. 40 § 21D and Article VI of the General Bylaws. The town or city may enforce this chapter or
201	201	171enjoin violations thereof through any lawful process or combination of processes, and the
202	202	172election of one remedy by the town or city shall not preclude enforcement through any other
203	203	173lawful means.
204	204	174 Violations of this chapter are punishable by a fine of up to $300 per violation. Each
205	205	175successive day of noncompliance will count as a separate violation.
206	206	176 If non-criminal disposition is elected, then any Food or Retail Establishment that violates
207	207	177any provision of this chapter shall be subject to the following penalties: (i) first offense: written
208	208	178warning;(ii) second offense: $50 penalty, and (iii) third and each subsequent offense: $300
209	209	179penalty
210	210	180 Section 5. Regulations 10 of 28
211	211	181 The Board of Health may adopt and amend rules and regulations to effectuate the
212	212	182purposes of this chapter.
213	213	183 Section 6. Interaction with Other Laws
214	214	184 In the case of a conflict between the requirements of this chapter and any other federal,
215	215	185state or local law concerning the materials regulated herein, the more stringent requirements shall
216	216	186apply.
217	217	187 Section 7. Severability
218	218	188 If any provision of this chapter is declared invalid or unenforceable the other provisions
219	219	189shall not be affected thereby.
220	220	190 SECTION 3. Reduce Plastic Straws in the Environment
221	221	191 The General Laws are hereby amended by inserting after chapter 21Q the following
222	222	192chapter:
223	223	193 Chapter 21R.
224	224	194 Section 1. Definitions. As used in this chapter, the following words shall have the
225	225	195following meanings unless the context clearly requires otherwise:
226	226	196 “Disability” shall mean a physical, intellectual, or sensory impairment that substantially
227	227	197limits one or more major life activities.
228	228	198 “Disposable plastic straw, stirrer, or splash stick” shall mean a drinking straw, stirrer, or
229	229	199splash stick made predominantly from synthetic polymers and that is not a reusable straw, stirrer,
230	230	200or splash stick. A disposable plastic straw, stirrer, or splash stick shall also include items made in 11 of 28
231	231	201whole or in part from synthetic polymers that are otherwise classified as ‘compostable’,
232	232	202‘biodegradable’, ‘oxodegradable’, or ‘marine degradable’.
233	233	203 “Food Establishment” shall mean any operation that serves, vends or otherwise provides
234	234	204food or other products to third-parties for consumption and/or use on or off the premises,
235	235	205whether or not a fee is charged, but not including the service of food within a home or other
236	236	206private setting. Any facility requiring a food permit in accordance with the Massachusetts State
237	237	207Food Code, 105 CMR 590.000, et seq. and/or regulations of the Board of Health shall be
238	238	208considered a “food establishment” for purposes of this bylaw.
239	239	209 “Health Agent” shall mean the Health Agent for the city or town of the facility or his/her
240	240	210designee.
241	241	211 “Medical Condition” shall mean any illness, disease, or injury that requires medical
242	242	212treatment.
243	243	213 “Reusable straw, stirrer, or splash stick” shall mean a drinking straw, stirrer, or splash
244	244	214stick that is manufactured from durable materials, and is designed to be adequately and
245	245	215repeatedly cleaned and sanitized for reuse.
246	246	216 “Retail Establishment” shall mean a store or premises engaged in the retail business of
247	247	217selling or providing merchandise, goods, groceries, prepared take-out food and beverages for
248	248	218consumption off-premises or the serving of an item, directly to customers at such store or
249	249	219premises, including, but not limited to, grocery stores, department stores, clothing stores,
250	250	220pharmacies, convenience stores, restaurants, coffee shops and seasonal and temporary
251	251	221businesses, including farmers markets and public markets; provided, however, that a “retail
252	252	222establishment” shall also include a food truck or other motor vehicle, mobile canteen, trailer, 12 of 28
253	253	223market pushcart or moveable roadside stand used by a person from which to engage in such
254	254	224business directly with customers and business establishments without a storefront, including, but
255	255	225not limited to, a business delivering prepared foods or other food items, web-based or catalog
256	256	226business or delivery services used by a retail establishment; provided further, that a “retail
257	257	227establishment” shall include a non-profit organization, charity or religious institution that has a
258	258	228retail establishment and holds itself out to the public as engaging in retail activities that are
259	259	229characteristic of similar type commercial retail businesses, whether or not for profit when
260	260	230engaging in such activity.
261	261	231 Section 2. Regulated Conduct
262	262	232 a. One year after passage of this Act, no food establishment in the Commonwealth of
263	263	233Massachusetts may provide a disposable plastic straw, stirrer, or splash stick, as such term is
264	264	234defined in this chapter, to a customer.
265	265	235 b. One year after passage of this Act, no food establishment in the Commonwealth of
266	266	236Massachusetts may provide a disposable straw, stirrer, or splash stick that is not a reusable straw,
267	267	237stirrer, or splash stick to a customer, except upon that customer’s specific request for such items
268	268	238or if the item is selected by a customer from a self-service dispenser.
269	269	239 c. One year after passage of this Act, retail establishments in the Commonwealth of
270	270	240Massachusetts are prohibited from selling or distributing disposable plastic straws, stirrers, or
271	271	241splash sticks to customers unless equivalent non-plastic or reusable straws, stirrers, or splash
272	272	242sticks are available for sale and are clearly labeled such that any customer can easily distinguish
273	273	243among the disposable plastic, disposable non-plastic, and reusable items.
274	274	244 Section 3. Exemptions 13 of 28
275	275	245 a. Nothing in this bylaw shall prohibit individuals from bringing and using their own
276	276	246personal straws, stirrers, or splash sticks of any type for personal use in a food establishment. b.
277	277	247Food establishments may provide a disposable plastic straw, stirrer, or splash stick, upon request,
278	278	248to a person in need due to a disability or medical condition. c. The Department of Environmental
279	279	249Protections or the Board of Health or health agent of the city or town in which the establishment
280	280	250is located may exempt a food establishment or retail establishment from any provision of this
281	281	251chapter for a period of up to six months upon written application by the owner or operator of that
282	282	252establishment. No exemption will be granted unless the Department or the Board of Health or
283	283	253health agent finds that the establishment requires additional time in order to draw down an
284	284	254existing inventory of a specific item regulated by this chapter.
285	285	255 Section 4. Enforcement
286	286	256 Health Agents shall have the authority to enforce this bylaw. This bylaw may be enforced
287	287	257through any lawful means in law or in equity, including but not limited to, noncriminal
288	288	258disposition pursuant to G.L. c. 40 § 21D and Article VI of the General Bylaws. The city or town
289	289	259may enforce this chapter or enjoin violations thereof through any lawful process or combination
290	290	260of processes, and the election of one remedy by the city or town shall not preclude enforcement
291	291	261through any other lawful means.
292	292	262 Violations of this bylaw are punishable by a fine of up to $300 per violation. Each
293	293	263successive day of noncompliance will count as a separate violation.
294	294	264 If non-criminal disposition is elected, then any Food Establishment or Retail
295	295	265Establishment that violates any provision of this bylaw shall be subject to the following 14 of 28
296	296	266penalties: (i) first offense: written warning, (ii) second offense: $50 penalty, and (iii) third and
297	297	267each subsequent offense: $300 penalty.
298	298	268 Section 5. Regulations
299	299	269 The Board of Health may adopt and amend rules and regulations to effectuate the
300	300	270purposes of this chapter.
301	301	271 Section 6. Interaction with Other Laws
302	302	272 In the case of a conflict between the requirements of this chapter and any other federal,
303	303	273state or local law concerning the materials regulated herein, the more stringent requirements shall
304	304	274apply.
305	305	275 Section 7. Severability
306	306	276 If any provision of this chapter is declared invalid or unenforceable the other provisions
307	307	277shall not be affected thereby.
308	308	278 SECTION 4. To Prevent the Release of Helium Balloons into the Environment
309	309	279 Chapter 131 of the General Laws, as appearing in the 2016 official edition, is hereby
310	310	280amended by adding the following new section:
311	311	281 Section 119. The sale, distribution and release of any type of balloon, including, but not
312	312	282limited to, plastic or latex, filled with any type of lighter than air gas, both for public or private
313	313	283use, is hereby prohibited. Whoever violates any provision of this section shall be punished by a
314	314	284fine of not more than one hundred dollars. 15 of 28
315	315	285 The provisions of this section shall not apply to (i) balloons released by or on behalf of
316	316	286any agency of the commonwealth or the United States for scientific or meteorological purposes,
317	317	287or (ii) hot air balloons that are recovered after launch.
318	318	288 SECTION 5. To Prevent the Release of Nips into the Environment
319	319	289 One year after passage of this Act, the sale of alcoholic beverages in containers less than
320	320	290or equal to 100 milliliters is prohibited within the Commonwealth of Massachusetts.
321	321	291 SECTION 6. To Prevent the Release of Wipes Containing Plastic into the Environment
322	322	292 Section 1. For purposes of this section, the following definition shall apply:
323	323	293 “Plastic Wipe”, a nonwoven disposable product manufactured and sold in this state or
324	324	294brought into the state for sale that is constructed from plastic resin (including, but not limited to,
325	325	295polyester and polypropylene) nonwoven sheets, including moist toilet tissue or cloth, that is
326	326	296designed, marketed to or commonly used by the general public for personal hygiene or cleaning
327	327	297purposes, including, but not limited to, diaper wipes, toilet wipes, household cleaning wipes,
328	328	298personal care wipes and facial wipes.
329	329	299 Section 2. No retailer shall sell or distribute plastic wet wipes other than those used for
330	330	300medical applications.
331	331	301 Section 3. This law shall not affect prescription products.
332	332	302 SECTION 7. To Prevent the Release of Hotel Toiletry Bottles into the Environment
333	333	303 Section 1. (a) For purposes of this section, the following definitions shall apply: 16 of 28
334	334	304 (1) “Hosted rental” means a house, apartment, or other livable space where the person
335	335	305providing sleeping accommodations is a permanent resident who lives on the premises.
336	336	306 (2) “Lodging establishment” means an establishment that contains one or more sleeping
337	337	307room accommodations that are rented or otherwise provided to the public, including, but not
338	338	308limited to, a hotel, motel, resort, bed and breakfast inn, or vacation rental. “Lodging
339	339	309establishment” does not include a hospital, nursing home, residential retirement community,
340	340	310prison, jail, homeless shelter, boarding school, worker housing, long-term rental, or hosted
341	341	311rental.
342	342	312 (3) “Personal care product” means a product intended to be applied to or used on the
343	343	313human body in the shower, bath, or any part thereof and shall include only shampoo, hair
344	344	314conditioner, and bath soap.
345	345	315 (4) “Plastic” means any synthetic material made from organic polymers, such as
346	346	316polyethylene, polyvinyl chloride (PVC), or nylon, that can be molded into shape while soft and
347	347	317then set into a rigid or slightly elastic form. “Plastic” includes all materials identified with resin
348	348	318codes 1 to 7, inclusive.
349	349	319 (5) “Small plastic bottle” means a plastic bottle or container with less than a 6-ounce
350	350	320capacity that is intended to be nonreusable by the end user.
351	351	321 (b) Commencing January 1, 2024, for lodging establishments with more than 50 rooms,
352	352	322and January 1, 2025, for lodging establishments with 50 rooms or less, a lodging establishment
353	353	323shall not provide a small plastic bottle containing a personal care product to a person staying in a
354	354	324sleeping room accommodation, in any space within the sleeping room accommodation, or within
355	355	325bathrooms shared by the public or guests. 17 of 28
356	356	326 (c) A lodging establishment is encouraged to use bulk dispensers of personal care
357	357	327products to reduce plastic waste and lower operating costs, mindful of the health and safety of a
358	358	328person.
359	359	329 (d) A lodging establishment may provide personal care products in small plastic bottles to
360	360	330a person at no cost, upon request, at a place other than a sleeping room accommodation, a space
361	361	331within the sleeping room accommodation, or within bathrooms shared by the public or guests.
362	362	332 (e) A local agency with authority to inspect sleeping accommodations in a lodging
363	363	333establishment may issue a citation for a violation of subdivision (b). Upon a first violation, the
364	364	334local Board of Health shall issue a written warning, which shall recite the violation and advise
365	365	335that subsequent violations may result in citations. Upon a second or subsequent violation, the
366	366	336local agency may impose a penalty of five hundred dollars ($500) for each day the lodging
367	367	337establishment is in violation, but not to exceed two thousand dollars ($2,000) annually.
368	368	338 (f) A lodging establishment in violation of subdivision (b) is liable for a civil penalty of
369	369	339five hundred dollars ($500) for the first violation and two thousand dollars ($2,000) for a second
370	370	340or subsequent violation.
371	371	341 (g) (1) On and after January 1, 2024, a city, county, or city and county shall not pass or
372	372	342enforce an ordinance, resolution, regulation, or rule relating to personal care products in plastic
373	373	343bottles provided at lodging establishments, except as provided in paragraph (2).
374	374	344 Section 2. A city, county, or city and county that, before January 1, 2024, passed an
375	375	345ordinance, resolution, regulation, or rule relating to personal care products in plastic bottles
376	376	346provided at lodging establishments may enforce that ordinance, resolution, regulation, or rule, if
377	377	347it is at least as stringent as, and not in conflict with, this section. 18 of 28
378	378	348 SECTION 8. To Prevent the Release of Plastic Water Bottles Into the Environment
379	379	349 Section 1. (a) For purposes of this section, the following definitions shall apply:
380	380	350 "Single-serve plastic container" means a container with a volume of 1 litter or less made
381	381	351in whole or in part of plastic resin codes 1 through 6 (excluding the label or cap).
382	382	352 "Bottled Water" means non-sparkling, unflavored drinking water.
383	383	353 Section 2. Restrictions
384	384	354 No retailer shall sell or distribute any bottled water in a single-serve plastic container
385	385	355other than nutritive drinks, tea, coffee, or unflavored carbonated water.
386	386	356 Section 3. Exclusions
387	387	357 Sales or distribution of drinking water in plastic bottles occurring subsequent to a
388	388	358declaration by a duly authorized Town, state or Federal official of an emergency affecting the
389	389	359availability and/or quality of drinking water to residents of the Town shall be exempt from this
390	390	360bylaw until seven days after the declaration has ended.
391	391	361 Section 4. Effective Date
392	392	362 The provisions of this law shall take effect one year after passage of this Act.
393	393	363 SECTION 9. To Prevent the Release of Black Plastic into the Environment
394	394	364 The General Laws are hereby amended by inserting after chapter 21R the following
395	395	365chapter:
396	396	366 Chapter 21S. 19 of 28
397	397	367 Section 1. Definitions. As used in this chapter, the following words shall have the
398	398	368following meanings unless the context clearly requires otherwise:
399	399	369 “Disposable Food Service Ware” shall mean single-use or disposable products for
400	400	370heating, storing, packaging, serving, consuming, or transporting prepared or ready-to-consume
401	401	371food or beverages including, but not limited to, bowls, plates, trays, cartons, cups, lids, hinged or
402	402	372lidded containers, spoons, forks and knives. This includes any containers used by food
403	403	373establishments to heat, cook, or store food or beverages prior to serving, regardless of whether
404	404	374such containers are used to serve such food or beverages. Disposable Food Service Ware also
405	405	375includes any such implements sold by Retail Establishments to consumers for personal use.
406	406	376 “Black Plastic” shall mean any plastic with any plastic resin codes #1-#7.
407	407	377 “Food Establishment” shall mean any operation that serves, vends or otherwise provides
408	408	378food or other products to third-parties for consumption and/or use on or off the premises,
409	409	379whether or not a fee is charged, but not including the service of food within a home or other
410	410	380private setting. Any facility requiring a food permit in accordance with the Massachusetts State
411	411	381Food Code, 105 CMR 590.000, et seq. and/or regulations of the Board of Health shall be
412	412	382considered a “food establishment” for purposes of this bylaw.
413	413	383 “Health Agent” shall mean the Health Agent for the city or town of the facility or his/her
414	414	384designee.
415	415	385 “Prepared Food” shall mean food or beverages, which are serviced, packaged, cooked,
416	416	386chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared (collectively
417	417	387“prepared”) for individual customers or consumers. Prepared Food does not include raw eggs or
418	418	388raw, butchered meats, fish, seafood, and/or poultry. 20 of 28
419	419	389 “Retail Establishment” shall mean a store or premises engaged in the retail business of
420	420	390selling or providing merchandise, goods, groceries, prepared take-out food and beverages for
421	421	391consumption off-premises or the serving of an item directly to customers at such store or
422	422	392premises, including, but not limited to, grocery stores, department stores, pharmacies,
423	423	393convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including
424	424	394farmers markets and public markets; provided, however, that a “retail establishment” shall also
425	425	395include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable
426	426	396roadside stand used by a person from which to engage in such business directly with customers
427	427	397and business establishments without a storefront, including, but not limited to, a business
428	428	398delivering prepared foods or other food items, web-based or catalog business or delivery services
429	429	399used by a retail establishment; provided further, that a “retail establishment” shall include a non-
430	430	400profit organization, charity or religious institution that has a retail establishment and holds itself
431	431	401out to the public as engaging in retail activities that are characteristic of similar type commercial
432	432	402retail businesses, whether or not for profit when engaging in such activity.
433	433	403 Section 2. Regulated Conduct
434	434	404 a. One year after passage of this Act, no Food Establishment in the Commonwealth of
435	435	405Massachusetts may use, sell, offer for sale, or otherwise distribute disposable food service ware
436	436	406made from black plastic.
437	437	407 b. One year after passage of this Act, no Retail Establishment in the Commonwealth of
438	438	408Massachusetts may sell, offer for sale, or otherwise distribute: 1. disposable food service ware
439	439	409made from black plastic. 2. meat trays, fish trays, seafood trays, vegetable trays, or egg cartons
440	440	410made in whole or in any part with black plastic. 21 of 28
441	441	411 Section 3. Exemption
442	442	412 a) Nothing in this chapter shall prohibit individuals from using disposable food service
443	443	413ware or other items made of black plastic purchased outside the Commonwealth of
444	444	414Massachusetts for personal use. b) Prepared food packaged outside the Commonwealth of
445	445	415Massachusetts is exempt from the provisions of this chapter, provided that it is sold or otherwise
446	446	416provided to the consumer in the same disposable food service ware in which it was originally
447	447	417packaged, and that the prepared food has not been altered or repackaged. c) The Commonwealth
448	448	418of Massachusetts Department of Environmental Protection or the Board of Health of the city or
449	449	419town in which the food or retail establishment is located may exempt a food establishment or
450	450	420retail establishment from any provision of this chapter for a period of up to six months upon
451	451	421written application by the owner or operator of that establishment. No exemption will be granted
452	452	422unless the Department of Environmental Protection or the Board of Health finds that (1) strict
453	453	423enforcement of the provision for which the exemption is sought would cause undue hardship; or
454	454	424(2) the food establishment or retail establishment requires additional time in order to draw down
455	455	425an existing inventory of a specific item regulated by this chapter. For purposes of this chapter,
456	456	426“undue hardship” shall mean a situation unique to a food establishment or retail establishment in
457	457	427which there are no reasonable alternatives to the use of materials prohibited by this chapter, and
458	458	428that compliance with this chapter would create significant economic hardship for the
459	459	429Establishment.
460	460	430 Section 4. Enforcement
461	461	431 Health Agents of the cities and towns of the Commonwealth of Massachusetts shall also
462	462	432have the authority to enforce this chapter. This chapter may be enforced through any lawful 22 of 28
463	463	433means in law or in equity, including but not limited to, noncriminal disposition pursuant to G.L.
464	464	434c. 40 § 21D and Article VI of the General Bylaws. The town or city may enforce this chapter or
465	465	435enjoin violations thereof through any lawful process or combination of processes, and the
466	466	436election of one remedy by the town or city shall not preclude enforcement through any other
467	467	437lawful means.
468	468	438 Violations of this chapter are punishable by a fine of up to $300 per violation. Each
469	469	439successive day of noncompliance will count as a separate violation.
470	470	440 If non-criminal disposition is elected, then any Food or Retail Establishment that violates
471	471	441any provision of this chapter shall be subject to the following penalties:
472	472	442 First Offense: written warning
473	473	443 Second Offense: $50 penalty
474	474	444 Third and each subsequent offense: $300 penalty
475	475	445 Section 5. Regulations
476	476	446 The Board of Health may adopt and amend rules and regulations to effectuate the
477	477	447purposes of this chapter.
478	478	448 Section 6. Interaction with Other Laws
479	479	449 In the case of a conflict between the requirements of this chapter and any other federal,
480	480	450state or local law concerning the materials regulated herein, the more stringent requirements shall
481	481	451apply.
482	482	452 Section 7. Severability 23 of 28
483	483	453 If any provision of this chapter is declared invalid or unenforceable the other provisions
484	484	454shall not be affected thereby.
485	485	455 SECTION 10. To Support Our Restaurants
486	486	456 Section 1. For purposes of this chapter, the following terms have the following
487	487	457definitions:
488	488	458 (a) “Disposable”, means designed to be discarded after a single or limited number of uses
489	489	459and not designed or manufactured for long-term multiple reuse.
490	490	460 (b) “Food service ware accessories”, include food service ware such as straws, stirrers,
491	491	461cup spill plugs, cup sleeves, condiments and condiment packets, utensils (including chopsticks),
492	492	462cocktail sticks/picks, toothpicks, napkins, and other similar accessory or accompanying food
493	493	463service ware used as part of food or beverage service or packaging. Detachable lids for beverage
494	494	464cups and food containers are not considered a food service ware accessory.
495	495	465 (c) “Food facility”, means an operation that stores, prepares, packages, serves, vends, or
496	496	466otherwise provides food to the public for human consumption.
497	497	467 (d) “Takeout food”, means prepared food requiring no further preparation, which is
498	498	468purchased to be consumed off a prepared food facility’s premises. Takeout food includes
499	499	469prepared food delivered by a food facility or by a third-party takeout food delivery service.
500	500	470 (e) “Takeout food delivery service”, is a service that delivers takeout food from a food
501	501	471facility to a customer for consumption off the premises. This service can be provided directly by
502	502	472the food facility or by a third party.
503	503	473 Section 2. 24 of 28
504	504	474 (a) No food facility shall provide any disposable food service ware accessories except:
505	505	475 1. Upon request by the consumer;
506	506	476 2. Upon acceptance by the consumer after being offered by the food facility; or
507	507	477 3. At a self-serve area and/or a dispenser.
508	508	478 (b) Food facilities shall only distribute disposable food service ware if they charge the
509	509	479customer what that food ware cost the food facility, or a dollar, whichever is greater.
510	510	480 (c) Takeout food delivery services that utilize digital ordering/point of sale platforms,
511	511	481including but not limited to the internet and smartphones, shall only offer disposable food service
512	512	482ware accessories by providing clear options for customers to affirmatively request these items
513	513	483separate from orders for food and beverages. The default option on the digital ordering/point of
514	514	484sale platforms shall be that no disposable food service ware accessories are requested. Each
515	515	485individual disposable food service ware accessory (e.g., each fork, knife, condiment packet,
516	516	486napkin, etc.) provided with prepared food must be specifically requested by the customer in order
517	517	487for a food facility to provide it.
518	518	488 (d) Takeout food delivery services shall only distribute disposable food service ware if
519	519	489they charge the customer what that food ware cost the food facility, or a dollar, whichever is
520	520	490greater.
521	521	491 SECTION 11. The General Laws are hereby amended by inserting after chapter 21O the
522	522	492following chapter:
523	523	493 CHAPTER 21P. 25 of 28
524	524	494 IMPROVED PLASTIC BOTTLES AND INCREASED RECYCLING
525	525	495 Section 1. Definitions. As used in this chapter, the following words shall have the
526	526	496following meanings unless the context clearly requires otherwise:
527	527	497 (a) “Beverage”, any of the following products prepared for immediate consumption and
528	528	498sold in a single-use container: beer and malt beverages; wine distilled spirit coolers; carbonated
529	529	499water and soda; noncarbonated water; carbonated soft drinks; noncarbonated soft drinks and
530	530	500‘soft’ drinks; non-carbonated fruit drinks that contain any percentage of fruit juice and vegetable
531	531	501juice; coffee and tea drinks; carbonated fruit drinks; vegetable and fruit juice, sports drinks,
532	532	502fermented non-alcoholic drinks;
533	533	503 (b) “Beverage cap”, a cap on any plastic beverage container that is made wholly or in
534	534	504large part from plastic;
535	535	505 (c) “Plastic beverage container”, an individual, separate bottle, can, jar, carton, or other
536	536	506receptacle, however denominated, in which one liter or less of a beverage is sold, and that is
537	537	507constructed of plastic. “Beverage container” does not include a cup or other similar container
538	538	508open or loosely sealed receptacle;
539	539	509 (d) “The Department” means the Department of Environmental Protection for the
540	540	510Commonwealth of Massachusetts;
541	541	511 (e) “Plastic”, an organic or petroleum derivative synthetic or a semisynthetic organic
542	542	512solid that is moldable, and to which additives or other substances may have been added, with the
543	543	513exception of natural polymers that have not been chemically modified; 26 of 28
544	544	514 (f) “Product manufacturer” means any person, partnership, association, corporation or
545	545	515any other entity that, through its own action or through contract or control, is primarily
546	546	516responsible for causing a product to be produced that is held inside of a rigid plastic packaging
547	547	517container and sold or offered for sale in Massachusetts.
548	548	518 i. The Department shall consider the following factors in identifying a product
549	549	519manufacturer: (1) the ownership of the brand name of the product in the beverage container; (2)
550	550	520primary control or influence over the design of the product in the beverage container; (3) primary
551	551	521control or influence over the design specifications of the beverage container;
552	552	522 ii. Any entity that has a legally recognized corporate relationship (i.e. parent/subsidiary or
553	553	523affiliate relationship) with a product manufacturer shall be allowed to assume the responsibilities
554	554	524of the product manufacturer as they relate to the requirements of this Act.
555	555	525 (h) “Retailer” means a person who sells a beverage in a beverage container to a
556	556	526consumer;
557	557	527 (i) “Single use”, means intended for disposal after one use and used for serving or
558	558	528transporting a prepared, ready-to-consume product, and is not intended for multiple trips or
559	559	529rotations by being returned to the producer for refill or reused for the same purpose for which it
560	560	530was conceived.
561	561	531 Section 2. Prohibition
562	562	532 (a) On and after January 1, 2024, a retailer shall not sell or offer for sale, in the state, a
563	563	533single-use beverage container with a beverage cap, unless the container meets one of the
564	564	534following conditions: (i) the beverage cap is tethered to the container in a manner that prevents 27 of 28
565	565	535the separation of the cap from the container when the cap is removed from the container; (ii) The
566	566	536beverage cap includes an opening from which the beverage can be consumed while the cap is
567	567	537screwed onto or otherwise contiguously affixed to the container;
568	568	538 (b) Metal caps or lids with plastic seals shall not be considered to be made from plastic.
569	569	539Glass and metal beverage containers that have caps and lids made from plastic shall not be
570	570	540included in this act;
571	571	541 SECTION 12. Requirements for the Removal of Toxic Substances in Beverage
572	572	542Containers, Food Ware, and Food Ware Accessories
573	573	543 (1) Definitions:
574	574	544 (a) “Beverage container”, means a prepackaged container designed to hold a beverage
575	575	545that is made of any material, including glass, plastic, and metal, cartons, pouches, and aseptic
576	576	546packaging.
577	577	547 (b) “Food ware accessories”, include food serviceware such as straws, stirrers, cup spill
578	578	548plugs, cup sleeves, condiments and condiment packets, utensils (including chopsticks), cocktail
579	579	549sticks/picks, toothpicks, napkins, and other similar accessory or accompanying food service ware
580	580	550used as part of food or beverage service or packaging.
581	581	551 (c) “Food ware”. means any single use or reusable containers that food is served in or
582	582	552sold in.
583	583	553 (d) “Food packaging” means any packaging that comes into direct contact with food that
584	584	554will eventually be consumed by human beings or animals. 28 of 28
585	585	555 (2) Beginning two years after adoption of this bill, no person or entity may sell, offer for
586	586	556sale, or distributed into the state any beverage container, food ware accessories, food ware, or
587	587	557food packaging containing the following toxic substances:
588	588	558 (a) Ortho-phthalates, (b) Bisphenols, (c) Per- and polyfluoroalkyl substances (PFAS), (d)
589	589	559Lead and lead compounds, (e) Hexavalent chromium and compounds, (f) Cadmium and
590	590	560cadmium compounds, (g) Mercury and mercury compounds, (h) Benzophenone and its
591	591	561derivatives, (i) Halogenated flame retardants, (j) Perchlorate, (k) Formaldehyde, (l) Toluene, (m)
592	592	562Antimony and compounds, and (n) UV 328 (2-(2H-benzotriazol-2-yl)-4,6-di-tert-pentylphenol).
593	593	563 (3) Beginning two years after the Start Date, no person or entity shall sell, offer for sale,
594	594	564or distributed for use in this state any Beverage Container containing (a) polyvinyl chloride, (b)
595	595	565polystyrene, or (c) polycarbonate.
596	596	566 (4) Beginning three years after the start date, and every three years thereafter, the
597	597	567Department of Environmental Protection shall designate at least ten additional toxic substances
598	598	568or families of toxic substances that may no longer be used in Beverage Containers unless the
599	599	569Department of Environmental Protection determines there are not ten toxic substances of
600	600	570families of toxic substances that are required to be banned from use in beverage containers.
601	601	571 (5) Any producer that violates this section shall be subject to a fine for each violation not
602	602	572to exceed fifty thousand dollars per violation. For the purposes of this section, each product line
603	603	573that is sold, offered for sale, or distributed to consumers, via retail commerce, in the state,
604	604	574including through an internet transaction violation shall be considered a violation.
605	605	575 SECTION 13. The provisions of this bill shall take effect one year after passage unless
606	606	576otherwise specified.