Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2521 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. 2830 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2521
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David M. Rogers
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 prohibit the use of polystyrene foam food containers.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:David M. Rogers24th Middlesex1/16/2025 1 of 3
16	16	HOUSE DOCKET, NO. 2830 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2521
18	18	By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 2521) of
19	19	David M. Rogers for legislation to prohibit the use of polystyrene foam food containers. Public
20	20	Health.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 2261 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act to prohibit the use of polystyrene foam food containers.
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 Chapter 111 of the General Laws are hereby amended by inserting after Section 5S:
32	32	2 Section 5T.
33	33	3 EXTRUDED OR EXPANDED POLYSTYRENE FOAM FOOD CONTAINERS
34	34	4 Section 1. Definitions. As used in this section, the following terms have the following
35	35	5meanings, unless the context clearly indicates otherwise:
36	36	6 A. "Compostable," with regard to a material, means that the material will undergo
37	37	7degradation by biological processes during composting to yield carbon dioxide, water, inorganic
38	38	8compounds and biomass at a rate consistent with other materials that undergo degradation by 2 of 3
39	39	9biological processes and leave no visible, distinguishable or toxic residue, including no adverse
40	40	10impact on the ability of compost to support plant growth once the compost is placed in soil;
41	41	11 B. "Disposable food container" means a container, bowl, plate, tray, carton, cup, lid
42	42	12or other item designed for one-time use for prepared foods. "Disposable food container" includes
43	43	13foodware for take-out foods and leftovers from partially consumed meals prepared by food
44	44	14vendors;
45	45	15 C. “Polystyrene” means and includes expanded polystyrene which is a thermoplastic
46	46	16petrochemical material utilizing a styrene monomer and processed by any number of techniques
47	47	17including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection
48	48	18molding, form molding, and extrusion-blow molding (extruded foam polystyrene). The term
49	49	19“polystyrene” also includes clear or solid polystyrene, which is known as “oriented polystyrene”;
50	50	20 D. "Polystyrene foam” means blown polystyrene and expanded and extruded foams
51	51	21using polystyrene;
52	52	22 E. "Recyclable," with regard to a material, means that a material that would
53	53	23otherwise be disposed of or processed as waste can be recovered, separated, collected and
54	54	24reprocessed for the purpose of using the reprocessed material in the manufacture of a new
55	55	25product.
56	56	26 Section 2. Prohibition on polystyrene foam food ware. After January 1, 2024, no person
57	57	27may sell or provide in this State any food ware product composed in whole or in part of extruded
58	58	28or expanded polystyrene foam: 3 of 3
59	59	29 A. No Store or Food Distributor shall serve or sell prepared food or beverage in EPS
60	60	30foam containers and shall not package meat, eggs, bakery products, or other food in EPS foam
61	61	31containers.
62	62	32 B. No Store, Food Distributor, or Food Packager shall package meat, eggs, bakery
63	63	33products, or other food in EPS foam containers.
64	64	34 C. No Store that sells tangible personal property at retail shall sell EPS foam food or
65	65	35beverage containers.
66	66	36 D. The State shall not use EPS foam food or beverage containers at any State facility
67	67	37or State sponsored event.
68	68	38 E. No State department or facility shall purchase or acquire EPS foam food or
69	69	39beverage containers.
70	70	40 F. All parties who contract with the State shall be prohibited from using EPS foam
71	71	41food and beverage containers in State facilities or on State-funded projects within the State.
72	72	42 Section 3. Compliance. Compliance with this section shall be as follows.
73	73	43 A. All distributors engaged in the sale or distribution in the State of products covered
74	74	44under subsection 1 shall certify to the commissioner their compliance with subsection 1.
75	75	45 Section 4. Enforcement.