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HOUSE DOCKET, NO. 2168 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 910
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Michelle L. Ciccolo
_________________
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 prevent the release of black plastic into the environment.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Michelle L. Ciccolo15th Middlesex1/15/2025 1 of 5
HOUSE DOCKET, NO. 2168 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 910
By Representative Ciccolo of Lexington, a petition (accompanied by bill, House, No. 910) of
Michelle L. Ciccolo relative to the release of black plastics into the environment. Environment
and Natural Resources.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act to prevent the release of black plastic into 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: The General Laws are hereby amended by inserting after chapter 21O the
2following chapter:
3 Chapter 21P
4 Section 1. Definitions. As used in this chapter, the following words shall have the
5following meanings unless the context clearly requires otherwise:
6 “Disposable Food Service Ware” shall mean single-use or disposable products for
7heating, storing, packaging, serving, consuming, or transporting prepared or ready-to-consume
8food or beverages including, but not limited to, bowls, plates, trays, cartons, cups, lids, hinged or
9lidded containers, spoons, forks and knives. This includes any containers used by food
10establishments to heat, cook, or store food or beverages prior to serving, regardless of whether
11such containers are used to serve such food or beverages. Disposable Food Service Ware also
12includes any such implements sold by Retail Establishments to consumers for personal use. 2 of 5
13 “Black Plastic” shall mean any plastic with any plastic resin codes #1-#7.
14 “Food Establishment” shall mean any operation that serves, vends or otherwise provides
15food or other products to third-parties for consumption and/or use on or off the premises,
16whether or not a fee is charged, but not including the service of food within a home or other
17private setting. Any facility requiring a food permit in accordance with the Massachusetts State
18Food Code, 105 CMR 590.000, et seq. and/or regulations of the Board of Health shall be
19considered a “food establishment” for purposes of this bylaw.
20 “Health Agent” shall mean the Health Agent for the city or town of the facility or his/her
21designee.
22 “Prepared Food” shall mean food or beverages, which are serviced, packaged, cooked,
23chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared (collectively
24“prepared”) for individual customers or consumers. Prepared Food does not include raw eggs or
25raw, butchered meats, fish, seafood, and/or poultry.
26 “Retail Establishment” shall mean a store or premises engaged in the retail business of
27selling or providing merchandise, goods, groceries, prepared take-out food and beverages for
28consumption off-premises or the serving of an item directly to customers at such store or
29premises, including, but not limited to, grocery stores, department stores, pharmacies,
30convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including
31farmers markets and public markets; provided, however, that a “retail establishment” shall also
32include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable
33roadside stand used by a person from which to engage in such business directly with customers
34and business establishments without a storefront, including, but not limited to, a business 3 of 5
35delivering prepared foods or other food items, web-based or catalog business or delivery services
36used by a retail establishment; provided further, that a “retail establishment” shall include a non-
37profit organization, charity or religious institution that has a retail establishment and holds itself
38out to the public as engaging in retail activities that are characteristic of similar type commercial
39retail businesses, whether or not for profit when engaging in such activity.
40 Section 2. Regulated Conduct
41 a. One year after passage of this Act, no Food Establishment in the Commonwealth of
42Massachusetts may use, sell, offer for sale, or otherwise distribute disposable food service ware
43made from black plastic.
44 b. One year after passage of this Act, no Retail Establishment in the Commonwealth of
45Massachusetts may sell, offer for sale, or otherwise distribute: 1. disposable food serviceware
46made from black plastic. 2. meat trays, fish trays, seafood trays, vegetable trays, or egg cartons
47made in whole or in any part with black plastic.
48 Section 3. Exemption
49 a) Nothing in this chapter shall prohibit individuals from using disposable food service
50ware or other items made of black plastic purchased outside the Commonwealth of
51Massachusetts for personal use. b) Prepared food packaged outside the Commonwealth of
52Massachusetts is exempt from the provisions of this chapter, provided that it is sold or otherwise
53provided to the consumer in the same disposable food service ware in which it was originally
54packaged, and that the prepared food has not been altered or repackaged. c) The Commonwealth
55of Massachusetts Department of Environmental Protection or the Board of Health of the city or
56town in which the food or retail establishment is located may exempt a food establishment or 4 of 5
57retail establishment from any provision of this chapter for a period of up to six months upon
58written application by the owner or operator of that establishment. No exemption will be granted
59unless the Department of Environmental Protection or the Board of Health finds that (1) strict
60enforcement of the provision for which the exemption is sought would cause undue hardship; or
61(2) the food establishment or retail establishment requires additional time in order to draw down
62an existing inventory of a specific item regulated by this chapter. For purposes of this chapter,
63“undue hardship” shall mean a situation unique to a food establishment or retail establishment in
64which there are no reasonable alternatives to the use of materials prohibited by this chapter, and
65that compliance with this chapter would create significant economic hardship for the
66Establishment.
67 Section 4. Enforcement
68 Health Agents of the cities and towns of the Commonwealth of Massachusetts shall also
69have the authority to enforce this chapter. This chapter may be enforced through any lawful
70means in law or in equity, including but not limited to, noncriminal disposition pursuant to G.L.
71c. 40 § 21D and Article VI of the General Bylaws. The town or city may enforce this chapter or
72enjoin violations thereof through any lawful process or combination of processes, and the
73election of one remedy by the town or city shall not preclude enforcement through any other
74lawful means.
75 Violations of this chapter are punishable by a fine of up to $300 per violation. Each
76successive day of noncompliance will count as a separate violation.
77 If non-criminal disposition is elected, then any Food or Retail Establishment that violates
78any provision of this chapter shall be subject to the following penalties: 5 of 5
79 First Offense: written warning
80 Second Offense: $50 penalty
81 Third and each subsequent offense: $300 penalty
82 Section 5. Regulations
83 The Board of Health in any city or town in the Commonwealth, may adopt and amend
84rules and regulations to effectuate the purposes of this chapter.
85 Section 6. Interaction with Other Laws
86 In the case of a conflict between the requirements of this chapter and any other federal,
87state or local law concerning the materials regulated herein, the more stringent requirements shall
88apply.
89 Section 7. Severability
90 If any provision of this chapter is declared invalid or unenforceable the other provisions
91shall not be affected thereby.
92 SECTION 2. The provisions of this bill shall take effect one year after passage unless
93otherwise specified.