Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H912 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. 2792 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 912
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 reduce polystyrene in the environment.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Michelle L. Ciccolo15th Middlesex1/16/2025Joanne M. ComerfordHampshire, Franklin and Worcester1/23/2025Lindsay N. Sabadosa1st Hampshire1/23/2025 1 of 6
16	16	HOUSE DOCKET, NO. 2792 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 912
18	18	By Representative Ciccolo of Lexington, a petition (accompanied by bill, House, No. 912) of
19	19	Michelle L. Ciccolo, Joanne M. Comerford and Lindsay N. Sabadosa relative to the use of
20	20	polystyrene containers and wares by certain food and retail establishments. Environment and
21	21	Natural Resources.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act to reduce polystyrene in the environment.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Reduce Polystyrene in the Environment
31	31	2 The General Laws are hereby amended by inserting after chapter 21O the following
32	32	3chapter:
33	33	4 Chapter 21P.
34	34	5 Section 1. Definitions. As used in this chapter, the following words shall have the
35	35	6following meanings unless the context clearly requires otherwise:
36	36	7 “Disposable Food Service Ware” shall mean single-use or disposable products for
37	37	8heating, storing, packaging, serving, consuming or transporting prepared or ready-to-consume
38	38	9food or beverages including, but not limited to, bowls, plates, trays, cartons, cups, lids, hinged or
39	39	10lidded containers, spoons, forks and knives. This includes any containers used by food
40	40	11establishments to heat, cook or store food or beverages prior to serving, regardless of whether 2 of 6
41	41	12such containers are used to serve such food or beverages. Disposable Food Service Ware also
42	42	13includes any such implements sold by Retail Establishments to consumers for personal use.
43	43	14 “Foam Polystyrene” shall mean polystyrene in the form of a foam or expanded material,
44	44	15processed by any number of techniques including, but not limited to, fusion of polymer spheres
45	45	16(expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding
46	46	17(extruded foam polystyrene).
47	47	18 “Food Establishment” shall mean any operation that serves, vends or otherwise provides
48	48	19food or other products to third-parties for consumption and/or use on or off the premises,
49	49	20whether or not a fee is charged, but not including the service of food within a home or other
50	50	21private setting. Any facility requiring a food permit in accordance with the Massachusetts State
51	51	22Food Code, 105 CMR 590.000, et seq. and/or regulations of the Board of Health shall be
52	52	23considered a “food establishment” for purposes of this chapter.
53	53	24 “Health Agent” shall mean the Health Agent for the city or town of the facility, or his/her
54	54	25designee.
55	55	26 “Packing Material” shall mean material used to hold, cushion, or protect items packed in
56	56	27a container for shipping transport or storage.
57	57	28 “Prepared Food” shall mean food or beverages, which are serviced, packaged, cooked,
58	58	29chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared (collectively
59	59	30“prepared”) for individual customers or consumers. Prepared Food does not include raw eggs or
60	60	31raw, butchered meats, fish, seafood, and/or poultry. 3 of 6
61	61	32 “Polystyrene” shall mean a synthetic polymer produced by polymerization of styrene
62	62	33monomer. Polystyrene includes both “Foam Polystyrene” and “Solid Polystyrene” as defined in
63	63	34this chapter. The International Resin Identification Code assigned to polystyrene materials is “6”.
64	64	35Polystyrene items may be identified by a "6" or "PS," either alone or in combination with other
65	65	36letters. The regulations and prohibitions relating to polystyrene in this law are intended to apply
66	66	37regardless of the presence or absence of an International Resin Identification Code or other
67	67	38identifying marks on the item.
68	68	39 “Retail Establishment” shall mean a store or premises engaged in the retail business of
69	69	40selling or providing merchandise, goods, groceries, prepared take-out food and beverages for
70	70	41consumption off-premises or the serving of an item directly to customers at such store or
71	71	42premises, including, but not limited to, grocery stores, department stores, pharmacies,
72	72	43convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including
73	73	44farmers markets and public markets; provided, however, that a “retail establishment” shall also
74	74	45include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable
75	75	46roadside stand used by a person from which to engage in such business directly with customers
76	76	47and business establishments without a storefront, including, but not limited to, a business
77	77	48delivering prepared foods or other food items, web-based or catalog business or delivery services
78	78	49used by a retail establishment; provided further, that a “retail establishment” shall include a non-
79	79	50profit organization, charity or religious institution that has a retail establishment and holds itself
80	80	51out to the public as engaging in retail activities that are characteristic of similar type commercial
81	81	52retail businesses, whether or not for profit when engaging in such activity. 4 of 6
82	82	53 “Solid Polystyrene” shall mean polystyrene, including clear (oriented) polystyrene,
83	83	54produced in a rigid form with minimal incorporation of air or other gas. Solid polystyrene is also
84	84	55referred to as ‘rigid polystyrene’.
85	85	56 Section 2. Regulated Conduct
86	86	57 a. One year after passage of this Act, no Food Establishment in the Commonwealth of
87	87	58Massachusetts may use, sell, offer for sale, or otherwise distribute disposable food service ware
88	88	59made from foam polystyrene or solid polystyrene.
89	89	60 b. One year after passage of this Act, no Retail Establishment in the Commonwealth of
90	90	61Massachusetts may sell, offer for sale, or otherwise distribute: 1. disposable food service ware
91	91	62made from foam polystyrene or solid polystyrene 2. meat trays, fish trays, seafood trays,
92	92	63vegetable trays, or egg cartons made in whole or in any part with foam polystyrene or solid
93	93	64polystyrene 3. distributing packing materials, including packing peanuts, other loose fill
94	94	65packaging and shipping boxes made in whole or in any part with foam polystyrene. 4. coolers,
95	95	66ice chests, or similar containers; pool or beach toys; and dock floats, mooring buoys, or anchor
96	96	67or navigation markers, which are made in whole or in any part with foam polystyrene that is not
97	97	68wholly encapsulated within a more durable material.
98	98	69 c. For the purposes of Section 2(b)(3), ‘distributing packing material’ does not include: 1.
99	99	70Re-using packing materials for shipping, transport, or storage within the same distribution
100	100	71system, where the packing materials are not sent to a customer or end user. 2. Receiving
101	101	72shipments within the Commonwealth that include polystyrene foam used as a packing material,
102	102	73provided that the goods were not packaged or repackaged within the Commonwealth of
103	103	74Massachusetts. 5 of 6
104	104	75 Section 3. Exemption
105	105	76 a. Nothing in this chapter shall prohibit individuals from using disposable food service
106	106	77ware or other items made of polystyrene purchased outside the Commonwealth of Massachusetts
107	107	78for personal use. b) Prepared food packaged outside the Commonwealth of Massachusetts is
108	108	79exempt from the provisions of this chapter, provided that it is sold or otherwise provided to the
109	109	80consumer in the same disposable food service ware in which it was originally packaged, and that
110	110	81the prepared food has not been altered or repackaged. c) The Commonwealth of Massachusetts
111	111	82Department of Environmental Protection or the Board of Health of the city or town in which the
112	112	83food or retail establishment is located may exempt a food establishment or retail establishment
113	113	84from any provision of this chapter for a period of up to six months upon written application by
114	114	85the owner or operator of that establishment. No exemption will be granted unless the Department
115	115	86of Environmental Protection or the Board of Health finds that (1) strict enforcement of the
116	116	87provision for which the exemption is sought would cause undue hardship; or (2) the food
117	117	88establishment or retail establishment requires additional time in order to draw down an existing
118	118	89inventory of a specific item regulated by this chapter. For purposes of this chapter, “undue
119	119	90hardship” shall mean a situation unique to a food establishment or retail establishment in which
120	120	91there are no reasonable alternatives to the use of materials prohibited by this chapter, and that
121	121	92compliance with this chapter would create significant economic hardship for the Establishment
122	122	93 Section 4. Enforcement
123	123	94 Health Agents of the cities and towns of the Commonwealth of Massachusetts shall also
124	124	95have the authority to enforce this chapter. This chapter may be enforced through any lawful
125	125	96means in law or in equity, including but not limited to, noncriminal disposition pursuant to G.L. 6 of 6
126	126	97c. 40 § 21D. The town or city may enforce this chapter or enjoin violations thereof through any
127	127	98lawful process or combination of processes, and the election of one remedy by the town or city
128	128	99shall not preclude enforcement through any other lawful means. Violations of this chapter are
129	129	100punishable by a fine of up to $500 per violation. Each successive day of noncompliance will
130	130	101count as a separate violation.
131	131	102 If non-criminal disposition is elected, then any Food or Retail Establishment that violates
132	132	103any provision of this chapter shall be subject to the following penalties: (i) first offense: written
133	133	104warning;(ii) second offense: $250 penalty, and (iii) third and each subsequent offense: $500
134	134	105penalty.
135	135	106 Section 5. Regulations
136	136	107 The Board of Health may adopt and amend rules and regulations to effectuate the
137	137	108purposes of this chapter.
138	138	109 Section 6. Interaction with Other Laws
139	139	110 In the case of a conflict between the requirements of this chapter and any other federal,
140	140	111state or local law concerning the materials regulated herein, the more stringent requirements shall
141	141	112apply.
142	142	113 Section 7. Severability
143	143	114 If any provision of this chapter is declared invalid or unenforceable the other provisions
144	144	115shall not be affected thereby.