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