Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H910 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2168 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 910
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michelle L. Ciccolo
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 prevent the release of black plastic into the environment.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Michelle L. Ciccolo15th Middlesex1/15/2025 1 of 5
16	16	HOUSE DOCKET, NO. 2168 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 910
18	18	By Representative Ciccolo of Lexington, a petition (accompanied by bill, House, No. 910) of
19	19	Michelle L. Ciccolo relative to the release of black plastics into the environment. Environment
20	20	and Natural Resources.
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 prevent the release of black plastic into the environment.
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 SECTION 1: The General Laws are hereby amended by inserting after chapter 21O the
30	30	2following chapter:
31	31	3 Chapter 21P
32	32	4 Section 1. Definitions. As used in this chapter, the following words shall have the
33	33	5following meanings unless the context clearly requires otherwise:
34	34	6 “Disposable Food Service Ware” shall mean single-use or disposable products for
35	35	7heating, storing, packaging, serving, consuming, or transporting prepared or ready-to-consume
36	36	8food or beverages including, but not limited to, bowls, plates, trays, cartons, cups, lids, hinged or
37	37	9lidded containers, spoons, forks and knives. This includes any containers used by food
38	38	10establishments to heat, cook, or store food or beverages prior to serving, regardless of whether
39	39	11such containers are used to serve such food or beverages. Disposable Food Service Ware also
40	40	12includes any such implements sold by Retail Establishments to consumers for personal use. 2 of 5
41	41	13 “Black Plastic” shall mean any plastic with any plastic resin codes #1-#7.
42	42	14 “Food Establishment” shall mean any operation that serves, vends or otherwise provides
43	43	15food or other products to third-parties for consumption and/or use on or off the premises,
44	44	16whether or not a fee is charged, but not including the service of food within a home or other
45	45	17private setting. Any facility requiring a food permit in accordance with the Massachusetts State
46	46	18Food Code, 105 CMR 590.000, et seq. and/or regulations of the Board of Health shall be
47	47	19considered a “food establishment” for purposes of this bylaw.
48	48	20 “Health Agent” shall mean the Health Agent for the city or town of the facility or his/her
49	49	21designee.
50	50	22 “Prepared Food” shall mean food or beverages, which are serviced, packaged, cooked,
51	51	23chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared (collectively
52	52	24“prepared”) for individual customers or consumers. Prepared Food does not include raw eggs or
53	53	25raw, butchered meats, fish, seafood, and/or poultry.
54	54	26 “Retail Establishment” shall mean a store or premises engaged in the retail business of
55	55	27selling or providing merchandise, goods, groceries, prepared take-out food and beverages for
56	56	28consumption off-premises or the serving of an item directly to customers at such store or
57	57	29premises, including, but not limited to, grocery stores, department stores, pharmacies,
58	58	30convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including
59	59	31farmers markets and public markets; provided, however, that a “retail establishment” shall also
60	60	32include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable
61	61	33roadside stand used by a person from which to engage in such business directly with customers
62	62	34and business establishments without a storefront, including, but not limited to, a business 3 of 5
63	63	35delivering prepared foods or other food items, web-based or catalog business or delivery services
64	64	36used by a retail establishment; provided further, that a “retail establishment” shall include a non-
65	65	37profit organization, charity or religious institution that has a retail establishment and holds itself
66	66	38out to the public as engaging in retail activities that are characteristic of similar type commercial
67	67	39retail businesses, whether or not for profit when engaging in such activity.
68	68	40 Section 2. Regulated Conduct
69	69	41 a. One year after passage of this Act, no Food Establishment in the Commonwealth of
70	70	42Massachusetts may use, sell, offer for sale, or otherwise distribute disposable food service ware
71	71	43made from black plastic.
72	72	44 b. One year after passage of this Act, no Retail Establishment in the Commonwealth of
73	73	45Massachusetts may sell, offer for sale, or otherwise distribute: 1. disposable food serviceware
74	74	46made from black plastic. 2. meat trays, fish trays, seafood trays, vegetable trays, or egg cartons
75	75	47made in whole or in any part with black plastic.
76	76	48 Section 3. Exemption
77	77	49 a) Nothing in this chapter shall prohibit individuals from using disposable food service
78	78	50ware or other items made of black plastic purchased outside the Commonwealth of
79	79	51Massachusetts for personal use. b) Prepared food packaged outside the Commonwealth of
80	80	52Massachusetts is exempt from the provisions of this chapter, provided that it is sold or otherwise
81	81	53provided to the consumer in the same disposable food service ware in which it was originally
82	82	54packaged, and that the prepared food has not been altered or repackaged. c) The Commonwealth
83	83	55of Massachusetts Department of Environmental Protection or the Board of Health of the city or
84	84	56town in which the food or retail establishment is located may exempt a food establishment or 4 of 5
85	85	57retail establishment from any provision of this chapter for a period of up to six months upon
86	86	58written application by the owner or operator of that establishment. No exemption will be granted
87	87	59unless the Department of Environmental Protection or the Board of Health finds that (1) strict
88	88	60enforcement of the provision for which the exemption is sought would cause undue hardship; or
89	89	61(2) the food establishment or retail establishment requires additional time in order to draw down
90	90	62an existing inventory of a specific item regulated by this chapter. For purposes of this chapter,
91	91	63“undue hardship” shall mean a situation unique to a food establishment or retail establishment in
92	92	64which there are no reasonable alternatives to the use of materials prohibited by this chapter, and
93	93	65that compliance with this chapter would create significant economic hardship for the
94	94	66Establishment.
95	95	67 Section 4. Enforcement
96	96	68 Health Agents of the cities and towns of the Commonwealth of Massachusetts shall also
97	97	69have the authority to enforce this chapter. This chapter may be enforced through any lawful
98	98	70means in law or in equity, including but not limited to, noncriminal disposition pursuant to G.L.
99	99	71c. 40 § 21D and Article VI of the General Bylaws. The town or city may enforce this chapter or
100	100	72enjoin violations thereof through any lawful process or combination of processes, and the
101	101	73election of one remedy by the town or city shall not preclude enforcement through any other
102	102	74lawful means.
103	103	75 Violations of this chapter are punishable by a fine of up to $300 per violation. Each
104	104	76successive day of noncompliance will count as a separate violation.
105	105	77 If non-criminal disposition is elected, then any Food or Retail Establishment that violates
106	106	78any provision of this chapter shall be subject to the following penalties: 5 of 5
107	107	79 First Offense: written warning
108	108	80 Second Offense: $50 penalty
109	109	81 Third and each subsequent offense: $300 penalty
110	110	82 Section 5. Regulations
111	111	83 The Board of Health in any city or town in the Commonwealth, may adopt and amend
112	112	84rules and regulations to effectuate the purposes of this chapter.
113	113	85 Section 6. Interaction with Other Laws
114	114	86 In the case of a conflict between the requirements of this chapter and any other federal,
115	115	87state or local law concerning the materials regulated herein, the more stringent requirements shall
116	116	88apply.
117	117	89 Section 7. Severability
118	118	90 If any provision of this chapter is declared invalid or unenforceable the other provisions
119	119	91shall not be affected thereby.
120	120	92 SECTION 2. The provisions of this bill shall take effect one year after passage unless
121	121	93otherwise specified.