Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H913 Compare Versions

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2923 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 913
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 create fees for single use beverage containers.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Michelle L. Ciccolo15th Middlesex1/16/2025 1 of 9
16	16	HOUSE DOCKET, NO. 2923 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 913
18	18	By Representative Ciccolo of Lexington, a petition (accompanied by bill, House, No. 913) of
19	19	Michelle L. Ciccolo relative to fees for single use beverage containers. Environment and Natural
20	20	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 create fees for single use beverage containers.
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 The General Laws are hereby amended by inserting after chapter 21O the following
30	30	2chapter:
31	31	3 Chapter 21P
32	32	4 Whereas, in the Commonwealth of Massachusetts, food and beverage packaging
33	33	5comprise most street litter and are significant contributors to the total amount of waste entering
34	34	6the waste stream, and local governments in the U.S. spend $11.5 billion annually cleaning up
35	35	7litter, and all disposable food-ware is non-recyclable, and many types of disposable food-ware
36	36	8are not accepted in commercial compost facilities because they cause contamination and lower
37	37	9the quality and value of compost, and food packaging materials, including food contact papers
38	38	10and compostable paperboard- containers and molded plastics, frequently contain harmful poly
39	39	11and perfluoroalkyl chemicals that are linked to serious health impacts, and many of the chemical
40	40	12additives used in packaging are known to migrate into food and beverages. Hundreds of common 2 of 9
41	41	13packaging chemicals are known to be hazardous to human health and in the environment, many
42	42	14are extremely persistent and bioaccumulative, therefore the Commonwealth of Massachusetts
43	43	15sets forward this act to reduce restaurant packaging waste.
44	44	16 Section 1: Definitions
45	45	17 In this act, these words are defined as follows:
46	46	18 a. “Commissioner” means the commissioner of the Department of Environmental
47	47	19Protection.
48	48	20 b. “Consumer” means a person purchasing food.
49	49	21 c. “Consumption on the Premises” means the consumption of the food or beverage within
50	50	22the physical structure owned and operated by the restaurant.
51	51	23 d. “The Commonwealth” means the Commonwealth of Massachusetts.
52	52	24 e. “Department” means the Department of Environmental Protection.
53	53	25 f. “Food Service Provider” means any store, establishment, provider, government entity,
54	54	26non-profit vendor or business operating within the Commonwealth that sells or provides food or
55	55	27beverages for human consumption to consumers directly or indirectly through a delivery or
56	56	28takeout service, regardless of whether such food is consumed on or off the premises. “Food
57	57	29service provider” includes, but is not limited to, restaurants, retail food establishments, caterers,
58	58	30cafeterias, stores, shops, retail sales outlets, grocery stores, delicatessens serving the public,
59	59	31mobile or temporary food providers, vehicles or carts, or roadside stands. 3 of 9
60	60	32 g. “Full-Service Restaurant” means an establishment or business where food may be
61	61	33consumed on the premises, and where each of the following would typically occur when a
62	62	34customer consumes food on the premises:
63	63	35 (1) The customer is escorted or directed to an assigned eating area either by an employee
64	64	36of the restaurant or by the customer themselves (2) Except for food that is included in a buffet or
65	65	37salad bar, the customer’s food and beverage order are delivered directly to the customer; and (3)
66	66	38If a customer wants additional items with the customer’s food or beverage order, the customer
67	67	39requests such items from a server or waitstaff.
68	68	40 h. “Prepared Food” means food that is serviced, cooked, packaged, or otherwise prepared
69	69	41for individual customers or consumers. Prepared Food does not include raw eggs or raw,
70	70	42butchered meats, fish, raw vegetables, fruit, and/or poultry sold from a butcher case, a
71	71	43refrigerator case, or similar retail appliance.
72	72	44 i. “Reusable containers” means plates, bowls, dishes, or other vessels that are designed
73	73	45and manufactured to maintain their shape and structure, and be materially durable for repeated
74	74	46sanitizing, washing, and reuse for a minimum of 50 cycles. Reusable containers may be provided
75	75	47by either the consumer or the food service provider.
76	76	48 j. “Single-Use Container” means plates, bowls, dishes or other containers as determined
77	77	49by the Department that are designed for single-use and then discarded or recycled.
78	78	50 k. “Single-Use” means a product that is designed to be used once and then discarded, and
79	79	51not designed for repeated use and sanitizing. 4 of 9
80	80	52 l. “Third-Party Food Delivery Platform” means a business engaged in the service of
81	81	53online food ordering and/or delivery of food or beverages from a food service provider to a
82	82	54consumer.
83	83	55 Section 2: Re-establishing the environmental fund
84	84	56 Chapter 94 of the General Laws, as so appearing, is hereby amended by inserting after
85	85	57section 323E the following section:-
86	86	58 Section 323G. (a) There shall be established on the books of the commonwealth a
87	87	59separate fund to be known as the Clean Environment Fund. Amounts deposited in said fund shall
88	88	60be used, subject to appropriation, solely for programs and projects in the management of solid
89	89	61waste, environmental protection, and climate change mitigation; provided, however, that no
90	90	62funds shall be used for costs associated with incineration.
91	91	63 (b) Not less than forty percent of amounts deposited in the Fund shall be used for
92	92	64recycling, composting and solid waste source reduction projects and programs, including reuse
93	93	65and refill.
94	94	66 (c) Not less than an additional ten percent of amounts deposited in the Fund shall be used
95	95	67for recycling and other solid waste projects and programs.
96	96	68 (d) Not more than fifty percent of amounts deposited in the fund shall be used for other
97	97	69environmental programs consistent with the purposes of the “bottle bill” so-called including
98	98	70department administration and enforcement and further including the provision of clean water
99	99	71and sewer and improvements to storm water management.
100	100	72 Section 3: Beverage Containers Provided on Request 5 of 9
101	101	73 a. Food service providers and full-service restaurants must permit and offer customers the
102	102	74option of utilizing reusable beverage containers, provided the reusable beverage container
103	103	75complies with the retail food code established in 105 CMR 590.
104	104	76 b. Should a customer not purchase, provide or agree to use a reusable beverage container
105	105	77the restaurant shall charge a $0.01 fee per transaction for each disposable beverage container
106	106	78used. 100 percent of this fee shall be paid to the Clean Environment Fund as established in
107	107	79section 2 through mechanisms determined by the department of revenue,.
108	108	80 c. Containers provided by the consumer must be clean. Restaurants and Food service
109	109	81providers retain the right to refuse to use a customer’s provided beverage container if there is a
110	110	82reasonable belief that utilizing this container would violate the retail food code (105 CMR 590).
111	111	83 d. Food service providers may ask a drive-through consumer if the consumer wants
112	112	84single-use beverage containers if the single-use beverage containers are necessary for the
113	113	85consumer to safely consume or transport said beverage.
114	114	86 e. A food service provider that is located entirely within a public use airport, as defined in
115	115	87Section 77.3 of Title 14 of the Code of Federal Regulations, may ask a walk-through consumer if
116	116	88the consumer wants a single-use food beverage container if the single use beverage container is
117	117	89necessary for the consumer to safely consume or transport said beverage.
118	118	90 f. Nothing in this section shall be construed to prohibit a food service provider from
119	119	91selling or providing food or beverages that are pre-packaged by the manufacturer in single-use
120	120	92food or beverage serviceware.
121	121	93 Section 4: Enforcement and Compliance 6 of 9
122	122	94 a. The Department is required to promulgate rules and regulations for the implementation
123	123	95and enforcement of this act.
124	124	96 b. The Department is required to take actions reasonable and necessary to enforce this
125	125	97article, including, but not limited to, receiving, and responding to complaints, investigating
126	126	98violations, issuing fines, and entering the premises of any food service provider during business
127	127	99hours to monitor compliance.
128	128	100 c. A food service provider shall be subject to the following:
129	129	101 (1) A written notice for a first violation
130	130	102 (2) An administrative fine not to exceed $50 for a second violation.
131	131	103 (3) An administrative fine of at least $150 for each subsequent violation.
132	132	104 d. Each administrative fine shall be due and payable to the Department within 30
133	133	105calendar days from the date the written notice of violation is served. Failure to timely pay the
134	134	106fine will result in the assessment of a late fee. The Department may collect any unpaid fine,
135	135	107including the late fee, by means of civil action, injunctive relief, and specific performance in
136	136	108accordance with applicable law.
137	137	109 e. All fines and late fees collected under this act shall be used by the Department as part
138	138	110of the Reduce, Reuse, Repair Micro-Grant program.
139	139	111 f. A food service provider who receives a written notice of violation pursuant to this
140	140	112article may request an administrative review of the accuracy of the violation determination by
141	141	113filing a signed, written notice of appeal with the Department, no later than 30 days from the date
142	142	114the notice of violation was served. The appeal must include all facts supporting the appeal and 7 of 9
143	143	115any supporting documentation, including copies of all photos, statements, and other documents
144	144	116that the appellant wishes to be considered in connection with the appeal. The Department may
145	145	117sustain, rescind, or modify the notice of violation and/or administrative fine, as applicable.
146	146	118 Section 5: Prohibition on Permitting of New Full-Service Restaurant that Do Not Provide
147	147	119Reusable Food Serviceware
148	148	120 a. New business licenses for full-service restaurants applied for after the effective date of
149	149	121this act shall only be granted if the applicant can demonstrate that, for all on-premise dining, the
150	150	122applicant will only serve food or beverages using reusable food serviceware, except that the
151	151	123applicant may still provide single-use paper food wrappers, foil wrappers, napkins, straws,
152	152	124compostable paper-tray- and plate-liners. b. Nothing in this section is intended to prevent a full-
153	153	125service restaurant from providing single-use food serviceware or single-use condiments to
154	154	126customers with take-out food, or as a container for customers to transport uneaten food, if such
155	155	127single-use food serviceware or single-use condiments otherwise comply with the requirements of
156	156	128this Chapter.
157	157	129 Section 6: Education and Outreach
158	158	130 a. The Department is required to conduct education and outreach to consumers, food
159	159	131service providers, and third-party food delivery platforms regarding the requirements and
160	160	132purpose of the law.
161	161	133 b. The education and outreach shall, at a minimum, include:
162	162	134 (1) Information regarding the environmental and public health harms associated with
163	163	135single-use food serviceware; 8 of 9
164	164	136 (2) The environmental, economic, and social benefits of reusable food serviceware;
165	165	137 (3) Information regarding the environmental and public health concerns associated with
166	166	138landfilling and incinerating waste;
167	167	139 (4) The requirements of this act; and
168	168	140 (5) How food service providers and third-party delivery platforms can comply with the
169	169	141requirements of this act and the penalties for non-compliance;
170	170	142 c. The education and outreach conducted by the Department shall utilize multiple forms
171	171	143of media, including, but not limited to print and web-based media to produce information
172	172	144directly to consumers, food service providers, and third-party food delivery platforms, and shall
173	173	145be provided in multiple languages.
174	174	146 d. The Department of Public Health is responsible for educating full-service restaurants
175	175	147about the environmental benefits of reusable food serviceware, as well as the requirements of
176	176	148section 5 of this act.
177	177	149 Section 7: Severability
178	178	150 a. If any provision of this article is found to be unconstitutional or otherwise invalid by
179	179	151any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of
180	180	152this article which can be implemented without the invalid provisions, and to this end, the
181	181	153provisions of this article are declared to be severable.
182	182	154 Section 8: Preemption 9 of 9
183	183	155 a. Nothing in this act shall limit the ability of any city or county within the jurisdiction of
184	184	156the Commonwealth of Massachusetts from passing more restricting laws, ordinances, or
185	185	157regulations, governing the use of single-use food serviceware or single-use condiments, so long
186	186	158as those laws, ordinances, or regulations do not violate the provisions of this act.
187	187	159 Section 9: Effective Date
188	188	160 a. Section 6 of this act shall take effect immediately upon enactment.
189	189	161 b. Section 5 of this act shall take effect one year after enactment.
190	190	162 c. The remainder of the act shall take effect one year after enactment.