Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H914 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 2924 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 914
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 disposable food 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. 2924 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 914
18	18	By Representative Ciccolo of Lexington, a petition (accompanied by bill, House, No. 914) of
19	19	Michelle L. Ciccolo relative to fees for single use disposable food containers. Environment and
20	20	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 create fees for single use disposable food 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 Whereas, in the Commonwealth of Massachusetts, food and beverage packaging
30	30	2comprise most street litter and are significant contributors to the total amount of waste entering
31	31	3the waste stream, and local governments in the U.S. spend $11.5 billion annually cleaning up
32	32	4litter, and all disposable food-ware is non-recyclable, and many types of disposable food-ware
33	33	5are not accepted in commercial compost facilities because they cause contamination and lower
34	34	6the quality and value of compost, and food packaging materials, including food contact papers
35	35	7and compostable paperboard- containers and molded plastics, frequently contain harmful poly
36	36	8and perfluoroalkyl chemicals that are linked to serious health impacts, and many of the chemical
37	37	9additives used in packaging are known to migrate into food and beverages. Hundreds of common
38	38	10packaging chemicals are known to be hazardous to human health and in the environment, many
39	39	11are extremely persistent and bioaccumulative, therefore the Commonwealth of Massachusetts
40	40	12sets forward this act to reduce restaurant packaging waste. 2 of 9
41	41	13 The General Laws are hereby amended by inserting after chapter 21O the following
42	42	14chapter:
43	43	15 Chapter 21P
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
50	50	22within the 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
54	54	26entity, non-profit vendor or business, operating within the Commonwealth that sells or provides
55	55	27food or beverages for human consumption to consumers directly or indirectly through a delivery
56	56	28or takeout 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;
65	65	37 (2) Except for food that is included in a buffet or salad bar, the customer’s food and
66	66	38beverage order are delivered directly to the customer and
67	67	39 (3) If a customer wants additional items with the customer’s food or beverage order, the
68	68	40customer requests such items from a server or waitstaff.
69	69	41 (h). “Prepared Food” means food that is serviced, cooked, packaged or otherwise
70	70	42prepared for individual customers or consumers. Prepared Food does not include raw eggs or
71	71	43raw, butchered meats, fish, raw vegetables, fruit and/or poultry sold from a butcher case, a
72	72	44refrigerator case or similar retail appliance.
73	73	45 (i). “Reusable containers” means plates, bowls, dishes or other vessels that are designed
74	74	46and manufactured to maintain their shape and structure, and be materially durable for repeated
75	75	47sanitizing, washing and reuse for a minimum of 50 cycles. Reusable containers may be provided
76	76	48by either the consumer or the food service provider.
77	77	49 (j). “Single-Use Container” means plates, bowls, dishes or other containers as determined
78	78	50by the Department that are designed for single-use and then discarded or recycled.
79	79	51 (k). “Single-Use” means a product that is designed to be used once and then discarded,
80	80	52and not designed for repeated use and sanitizing. 4 of 9
81	81	53 Section 2: Re-establishing the environmental fund
82	82	54 Chapter 94 of the General Laws, as so appearing, is hereby amended by inserting after
83	83	55section 323E the following section:-
84	84	56 Section 323G. (a) There shall be established on the books of the commonwealth a
85	85	57separate fund to be known as the Clean Environment Fund. Amounts deposited in said fund shall
86	86	58be used, subject to appropriation, solely for programs and projects in the management of solid
87	87	59waste, environmental protection, and climate change mitigation; provided, however, that no
88	88	60funds shall be used for costs associated with incineration.
89	89	61 (b) Not less than forty percent of amounts deposited in the Fund shall be used for
90	90	62recycling, composting and solid waste source reduction projects and programs, including reuse
91	91	63and refill.
92	92	64 (c) Not less than an additional ten percent of amounts deposited in the Fund shall be used
93	93	65for recycling and other solid waste projects and programs.
94	94	66 (d) Not more than fifty percent of amounts deposited in the fund shall be used for other
95	95	67environmental programs consistent with the purposes of the “bottle bill” so-called including
96	96	68department administration and enforcement and further including the provision of clean water
97	97	69and sewer and improvements to storm water management.
98	98	70 Section 3: Beverage Containers Provided on Request
99	99	71 (a). Food service providers and full-service restaurants must permit and/or offer
100	100	72customers the option of utilizing reusable containers or vessels, provided the reusable beverage
101	101	73container complies with the retail food code established in 105 CMR 590. 5 of 9
102	102	74 (b). Should a customer not purchase, provide, or agree to use a reusable container the
103	103	75restaurant shall charge a $0.01 fee per transaction for each disposable container used. 100
104	104	76percent of this fee shall be paid to the Clean Environment Fund as established in section 2
105	105	77through mechanisms determined by the department of revenue,.
106	106	78 (c). Containers provided by the consumer must be clean. Restaurants and Food service
107	107	79providers retain the right to refuse to use a customer’s provided container if there is a reasonable
108	108	80belief that utilizing this container would violate the retail food code (105 CMR 590).
109	109	81 (d). Food service providers may ask a drive-through consumer if the consumer wants
110	110	82single-use containers if the single-use containers are necessary for the consumer to safely
111	111	83consume or transport said food product.
112	112	84 (e). A food service provider that is located entirely within a public use airport, as defined
113	113	85in Section 77.3 of Title 14 of the Code of Federal Regulations, may ask a walk-through
114	114	86consumer if the consumer wants a single-use food container if the single use food container is
115	115	87necessary for the consumer to safely consume or transport said food product.
116	116	88 (f). Nothing in this section shall be construed to prohibit a food service provider from
117	117	89selling or providing food or beverages that are pre-packaged by the manufacturer in single-use
118	118	90food serviceware.
119	119	91 Section 4: Enforcement and Compliance
120	120	92 (a). The Department is required to promulgate rules and regulations for the
121	121	93implementation and enforcement of this act. 6 of 9
122	122	94 (b). The Department is required to take actions reasonable and necessary to enforce this
123	123	95article, including, but not limited to, receiving, and responding to complaints, investigating
124	124	96violations, issuing fines, and entering the premises of any food service provider during business
125	125	97hours to monitor compliance.
126	126	98 (c). A food service provider shall be subject to the following:
127	127	99 (1) A written notice for a first violation
128	128	100 (2) An administrative fine not to exceed $50 for a second violation.
129	129	101 (3) An administrative fine of at least $150 for each subsequent violation.
130	130	102 (d). Each administrative fine shall be due and payable to the Department within 30
131	131	103calendar days from the date the written notice of violation is served. Failure to timely pay the
132	132	104fine will result in the assessment of a late fee. The Department may collect any unpaid fine,
133	133	105including the late fee, by means of civil action, injunctive relief, and specific performance in
134	134	106accordance with applicable law.
135	135	107 (e). All fines and late fees collected under this act shall be used by the Department as part
136	136	108of the Reduce, Reuse, Repair Micro-Grant program.
137	137	109 (f). A food service provider who receives a written notice of violation pursuant to this
138	138	110article may request an administrative review of the accuracy of the violation determination by
139	139	111filing a signed, written notice of appeal with the Department, no later than 30 days from the date
140	140	112the notice of violation was served. The appeal must include all facts supporting the appeal and
141	141	113any supporting documentation, including copies of all photos, statements, and other documents 7 of 9
142	142	114that the appellant wishes to be considered in connection with the appeal. The Department may
143	143	115sustain, rescind, or modify the notice of violation and/or administrative fine, as applicable.
144	144	116 Section 5: Prohibition on Permitting of New Full-Service Restaurants That Do Not
145	145	117Provide Reusable Food Serviceware
146	146	118 (a). New business licenses for full-service restaurants applied for after the effective date
147	147	119of this act shall only be granted if the applicant can demonstrate that, for all on-premise dining,
148	148	120the applicant will only serve food or beverages using reusable food serviceware, except that the
149	149	121applicant may still provide single-use paper food wrappers, foil wrappers, napkins, straws, paper-
150	150	122tray- and plate-liners. b. Nothing in this section is intended to prevent a full-service restaurant
151	151	123from providing single-use food serviceware or single-use condiments to customers with take-out
152	152	124food, or as a container for customers to transport uneaten food, if such single-use food
153	153	125serviceware or single-use condiments otherwise comply with the requirements of this Chapter.
154	154	126 Section 6: Education and Outreach
155	155	127 (a). The Department is required to conduct education and outreach to consumers, food
156	156	128service providers, and third-party food delivery platforms regarding the requirements and
157	157	129purpose of the law.
158	158	130 (b). The education and outreach shall, at a minimum, include:
159	159	131 (1) Information regarding the environmental and public health harms associated with
160	160	132single-use food serviceware;
161	161	133 (2) The environmental, economic, and social benefits of reusable food serviceware; 8 of 9
162	162	134 (3) Information regarding the environmental and public health concerns associated with
163	163	135landfilling and incinerating waste;
164	164	136 (4) The requirements of this act; and
165	165	137 (5) How food service providers and third-party delivery platforms can comply with the
166	166	138requirements of this act and the penalties for non-compliance;
167	167	139 (c). The education and outreach conducted by the Department shall utilize multiple forms
168	168	140of media, including, but not limited to print and web-based media to produce information
169	169	141directly to consumers, food service providers, and third-party food delivery platforms, and shall
170	170	142be provided in multiple languages.
171	171	143 (d). The Department of Public Health is responsible for educating full-service restaurants
172	172	144about the environmental benefits of reusable food serviceware, as well as the requirements of
173	173	145section 5 of this act.
174	174	146 Section 7: Severability
175	175	147 (a). If any provision of this article is found to be unconstitutional or otherwise invalid by
176	176	148any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of
177	177	149this article which can be implemented without the invalid provisions, and to this end, the
178	178	150provisions of this article are declared to be severable.
179	179	151 Section 8: Preemption
180	180	152 (a). Nothing in this act shall limit the ability of any city or county within the jurisdiction
181	181	153of the Commonwealth of Massachusetts from passing more restricting laws, ordinances, or 9 of 9
182	182	154regulations, governing the use of single-use food serviceware or single-use condiments, so long
183	183	155as those laws, ordinances, or regulations do not violate the provisions of this act.
184	184	156 Section 9: Effective Date
185	185	157 (a). Section 6 of this act shall take effect immediately upon enactment.
186	186	158 (b). Section 5 of this act shall take effect one year after enactment.
187	187	159 (c). The remainder of the act shall take effect one year after enactment.