Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2394 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1289 FILED ON: 1/14/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2394
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Marjorie C. Decker
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 restrict the use of polystyrene.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/14/2025Brian W. Murray10th Worcester2/3/2025Paul McMurtry11th Norfolk2/5/2025James B. EldridgeMiddlesex and Worcester2/10/2025Natalie M. Higgins4th Worcester2/24/2025 1 of 3
16	16	HOUSE DOCKET, NO. 1289 FILED ON: 1/14/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2394
18	18	By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 2394) of
19	19	Marjorie C. Decker and others relative to the use of polystyrene containers and wares by certain
20	20	food and retail establishments. Public Health.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act to restrict the use of polystyrene.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 Chapter 111 of the General Laws, as appearing in the 2022 Official Edition, is hereby
30	30	2amended by inserting after section 5S the following section:-
31	31	3 Section 5T. For the purposes of this section “disposable food container” shall mean
32	32	4single-use disposable products used in the restaurant, food service, and food sales industries for
33	33	5serving, transporting, or packaging prepared, ready-to-consume, or uncooked food or beverages.
34	34	6This includes but is not limited to plates, cups, bowls, trays, hinged or lidded containers, straws,
35	35	7cup lids, and utensils. “Food establishment” shall mean an operation that stores, prepares,
36	36	8packages, serves, vends, or otherwise provides food for human consumption, including but not
37	37	9limited to any establishment requiring a permit to operate in accordance with the State Food
38	38	10Code. “Polystrene” shall mean a synthetic resin which is a polymer of styrene, used chiefly as
39	39	11lightweight rigid foams and solid containers. “Prepared food” shall mean any food or beverage
40	40	12prepared for consumption on the food provider's premises, using any cooking or food preparation 2 of 3
41	41	13technique. This does not include any raw uncooked meat, fish or eggs unless provided for
42	42	14consumption without further food preparation. “Retail establishment” shall mean any
43	43	15commercial business facility that sells goods directly to the consumer including but not limited to
44	44	16grocery stores, pharmacies, liquor stores, convenience stores, restaurants, retail stores and
45	45	17vendors selling clothing, food, and personal items
46	46	18 (b) Except as provided herein, on or after August 1, 2026, food establishments shall be
47	47	19prohibited from dispensing food to customers in disposable food service containers made from
48	48	20polystyrene.
49	49	21 (c) Except as provided herein, on and after August 1, 2026, retail establishments shall be
50	50	22prohibited from selling or distributing polystyrene food service ware to customers.
51	51	23 (d) The department shall promulgate regulations for the enforcement of this section. Said
52	52	24regulations shall establish (i) fines not to exceed one thousand dollars for any single violation
53	53	25and (ii) a process for deferments, in accordance with the following:
54	54	26 (1) Upon written application to the health department of the town or city in which it
55	55	27operates, and upon showing by the food establishment that the conditions of this provision would
56	56	28cause undue hardship, the municipal health department or its designee may defer application of
57	57	29this provision for a food establishment for a one year period. An “undue hardship” shall mean a
58	58	30situation unique to the food establishment where there are no reasonable alternatives to the use of
59	59	31polystyrene disposable food service containers and compliance with this provision would cause
60	60	32significant economic hardship to that food establishment. 3 of 3
61	61	33 (2) A food establishment granted a deferment must reapply prior to the end of that period
62	62	34and demonstrate continued undue hardship, if it wishes to have the deferment extended.
63	63	35Deferments may only be granted for intervals not to exceed one year.
64	64	36 (3) The application for a deferment or extension thereof shall include all information
65	65	37necessary for the municipal health department or its designee to make its decision, including but
66	66	38not limited to, documentation showing the factual support for the claimed deferment. The
67	67	39municipal health department or its designee may require the applicant to provide such additional
68	68	40information that it reasonably deems necessary to render a decision.
69	69	41 (4) The municipal health department or its designee may approve the deferment
70	70	42application, in whole or in part, with or without conditions.