Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H916 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 3845 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 916
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 single use plastics in the environment.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Michelle L. Ciccolo15th Middlesex1/17/2025James B. EldridgeMiddlesex and Worcester2/12/2025James C. Arena-DeRosa8th Middlesex2/13/2025Margaret R. Scarsdale1st Middlesex3/4/2025 1 of 31
16	16	HOUSE DOCKET, NO. 3845 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 916
18	18	By Representative Ciccolo of Lexington, a petition (accompanied by bill, House, No. 916) of
19	19	Michelle L. Ciccolo and others for legislation to reduce single-use plastics from the environment.
20	20	Environment 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 reduce single use plastics in 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. Title II of the General Laws is hereby amended by inserting after chapter
30	30	221O the following chapter:-
31	31	3 CHAPTER 21P: PLASTIC BAG REDUCTION
32	32	4 Section 1. As used in this chapter, the following words shall have the following meanings
33	33	5unless the context clearly requires otherwise:
34	34	6 “Carryout bag”, a bag that is provided to a customer to carry items purchased from or
35	35	7serviced by a retail establishment. A carryout bag does not include the following: (i) a bag
36	36	8provided by a pharmacy to a customer purchasing prescription medication; (ii) a bag used to
37	37	9protect items from damaging or contaminating other purchased items placed in a recycled paper
38	38	10bag or a reusable grocery bag; (iii) a bag provided to contain an unwrapped food item; (iv) a bag
39	39	11to protect articles of clothing on a hanger; (v) a bag to prevent frozen food items, including ice
40	40	12cream, from thawing; (vi) a bag to protect small items from loss. 2 of 31
41	41	13 “Postconsumer recycled material”, a material that would otherwise be destined for solid
42	42	14waste disposal, having completed its intended end use and product life cycle. Postconsumer
43	43	15recycled material does not include materials and byproducts generated from, and commonly
44	44	16reused within, an original manufacturing and fabrication process.
45	45	17 “Recycled paper bag”, a paper bag that is (i) 100 per cent recyclable; (ii) contains a
46	46	18minimum of 40 per cent postconsumer recycled materials, provided, however, that an 8 pound or
47	47	19smaller recycled paper bag shall contain a minimum of 20 per cent postconsumer recycled
48	48	20material; and (iii) displays the words "Recyclable" and "made from 40% post-consumer recycled
49	49	21content" or other applicable amount in a visible manner on the outside of the bag.
50	50	22 “Reusable grocery bag”, a bag that is not a plastic film bag, has handles that are stitched
51	51	23and not heat fused, and that is made of machine-washable cloth, hemp, or other woven or non-
52	52	24woven fibers, fabrics, or materials that are at least 45 grams per square meter, designed and
53	53	25manufactured specifically for multiple uses.
54	54	26 “Single-use carryout bag”, a carryout bag made of plastic, paper, or other material that is
55	55	27provided by a Retail establishment to a customer at the point of sale and that is not a recycled
56	56	28paper bag or a reusable grocery bag.
57	57	29 “Retail establishment”, a store or premises in which a person is engaged in the retail
58	58	30business of selling or providing merchandise, goods, groceries, prepared take-out food and
59	59	31beverages for consumption off-premises or the servicing of an item, directly to customers at such
60	60	32store or premises, including, but not limited to, grocery stores, department stores, pharmacies,
61	61	33convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including
62	62	34farmers markets and public markets; provided, however, that a “retail establishment” shall also 3 of 31
63	63	35include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable
64	64	36roadside stand used by a person from which to engage in such business directly with customers
65	65	37and business establishments without a storefront, including, but not limited to, a business
66	66	38delivering prepared foods or other food items, web-based or catalog business or delivery services
67	67	39used by a retail establishment; provided further, that a “retail establishment” shall include a non-
68	68	40profit organization, charity or religious institution that has a retail establishment and holds itself
69	69	41out to the public as engaging in retail activities that are characteristic of similar type retail
70	70	42businesses, whether or not for profit when engaging in such activity; provided further that a
71	71	43“retail establishment” shall include K-12 food service operations or institutional cafeterias,
72	72	44including those operated by or on behalf of any government entity.
73	73	45 Section 2. (a) Eighteen months after the enactment of this law, a Retail establishment
74	74	46shall not sell or otherwise distribute to a customer a carryout out bag that is not: a (i) reusable
75	75	47grocery bag, or (ii) recycled paper bag.
76	76	48 (b) For up to 180 days from the date of enactment, a Retail establishment may make
77	77	49available a single-use carryout bag, reusable grocery bag, or recycled paper bag to a customer.
78	78	50 (c) From 180 days to eighteen months after the enactment of this law, if a Retail
79	79	51establishment makes available a single-use carryout bag, recycled paper bag, or reusable grocery
80	80	52bag to a customer, the price of a single-use carryout bag, recycled paper bag, or reusable grocery
81	81	53bag shall be not less than $0.10 each.
82	82	54 (d) From eighteen months after the enactment of this law, if a Retail establishment makes
83	83	55available a recycled paper bag or a reusable grocery bag to a customer, the price of a recycled
84	84	56paper bag or a reusable grocery bag shall be not less than $0.10 each. 4 of 31
85	85	57 (e) All moneys collected pursuant to this section shall be retained by the Retail
86	86	58establishment.
87	87	59 (f) Subsections (a)-(d) shall not apply to any type of bag used by a Retail establishment or
88	88	60provided by a retail establishment to a customer for: (i) providing or distributing prepared foods,
89	89	61groceries or articles of clothing at no cost or at a substantially reduced cost by a nonprofit
90	90	62organization, charity or religious institution, or (ii) any item that requires the use of a certain type
91	91	63of bag under federal or state law.
92	92	64 (g) The department of environmental protection shall promulgate regulations with regard
93	93	65to the enforcement of this chapter. The department of environmental protection shall establish a
94	94	66small business exemption process by which a Retail establishment may elect to be exempt from
95	95	67the provisions of subsections (b) through (d) of this section. A Retail establishment electing for
96	96	68said exemption must upon request submit to the department of environmental protection a self-
97	97	69audit attesting that they meet the following criteria:
98	98	70 1.the owner of the Retail establishment has 3 or fewer store locations under the same
99	99	71ownership; and
100	100	72 2.each Retail establishment has less than 4,000 square feet of retail selling space; and
101	101	73 3.each Retail establishment has 15 or fewer employees employed at the store location;
102	102	74and either
103	103	75 4.the Retail establishment is not a food establishment as defined by 105 CMR
104	104	76590.001(C); or 5 of 31
105	105	77 5.the Retail establishment provided to consumers at the point of sale less than 15,000
106	106	78carry-out bags or checkout bags in total during the previous calendar year.
107	107	79 (h) Nothing in this section shall prohibit a customer from bringing a personal bag, made
108	108	80or comprised of any material, to a retail establishment to carry out items purchased from or
109	109	81serviced by the retail establishment.
110	110	82 (i) A retail establishment shall not be prohibited from selling or offering for sale to
111	111	83customers: (i) any package containing several bags, including, but not limited to, food bags,
112	112	84sandwich bags, yard waste bags, garbage bags or municipal pay-as-you-throw program trash
113	113	85bags; (ii) any product, merchandise or good with a protective bag, a bag to hold related
114	114	86accessories, parts or instruction manuals or a bag used as product packaging that the retail
115	115	87establishment received with such item or product from the manufacturer, distributor or vendor;
116	116	88or (iii) any bag that is not a retail type carryout bag that is sold or offered for sale as a product or
117	117	89merchandise, including, but not limited to, sports bags, handbags, equipment bags, tent bags or
118	118	90other bags specifically designed to protect or contain a particular item.
119	119	91 (j) Notwithstanding subsections (c)-(d) and to the extent permitted under federal and state
120	120	92law, a retail establishment that makes available for purchase a recycled paper bag at the point of
121	121	93sale shall not charge a fee for the bag to a customer using an electronic benefit transfer card as
122	122	94payment.
123	123	95 Section 3. This chapter shall preempt any limitation by any political subdivision of the
124	124	96commonwealth regarding the use, sale or distribution of carryout bags by a Retail establishment
125	125	97to the extent that it is regulated or covered by this chapter. Any part of a municipal ordinance, 6 of 31
126	126	98bylaw or regulation, including a regulation of a board of health, that is inconsistent with this
127	127	99chapter shall be null and void 180 days after the enactment of this law.
128	128	100 Section 4. (a) Each city and town shall enforce this chapter through its enforcing
129	129	101authority as determined under subsection (c).
130	130	102 (b) A retail establishment that violates this chapter shall be subject to a warning for the
131	131	103first violation, a civil penalty of up to $500 for the second violation and a civil penalty of up to
132	132	104$1000 for a third or subsequent violation. Each day a retail establishment is in violation of this
133	133	105chapter shall be considered a separate violation. Each city and town shall dispose of a civil
134	134	106violation under this subsection by the non-criminal method of disposition procedures contained
135	135	107in section 21D of chapter 40 without an enabling ordinance or bylaw.
136	136	108 (c) Each city and town shall designate the municipal board, department or official
137	137	109responsible for the local enforcement of this chapter and for the collection of money resulting
138	138	110from civil penalties assessed for violations of this chapter. A city or town shall retain any civil
139	139	111penalties collected for such violations.
140	140	112 Section 5. The department of environmental protection may through regulation: (i)
141	141	113increase or adjust the postconsumer recycled material percentage in a recycled paper bag; (ii)
142	142	114increase or adjust the fee established under subsections (c)-(d) of section 2; (iii) allow a retail
143	143	115establishment to use other non-plastic type carryout bags that are recyclable or compostable,
144	144	116provided however that such regulations shall not be implemented prior to the universal
145	145	117availability of a safe disposal route for compostable bags and, provided further, that the
146	146	118department shall seek public comment on said proposed regulations; and (iv) promulgate
147	147	119standards regulating bags authorized under subsection (b) of section 2. 7 of 31
148	148	120 The department of environmental protection shall, when adopting or amending any
149	149	121standard for an allowed recycled or reusable bag under this chapter, consult with the department
150	150	122of public health on issues relating to food safety and the materials used to produce the bags.
151	151	123 The department of environmental protection shall conduct an evaluation of the
152	152	124implementation of this act every three years and shall submit to the clerks of the senate and the
153	153	125house of representatives a report including legislative recommendations not later than December
154	154	12631.
155	155	127 Section 6. Nothing in this chapter shall prohibit or limit the department of environmental
156	156	128protection’s authority to enforce this chapter.
157	157	129 Section 7. Notwithstanding any general or special law to the contrary, the department of
158	158	130transitional assistance shall, if necessary to implement subsection (j) of section 2 of chapter 21P
159	159	131of the General Laws, use reasonable efforts to seek a waiver from the federal Food and Nutrition
160	160	132Service to implement said subsection (j) of said section 2 of said chapter 21P.
161	161	133 SECTION 2. Reduce Polystyrene in the Environment
162	162	134 The General Laws are hereby amended by inserting after chapter 21P the following
163	163	135chapter:
164	164	136 Chapter 21Q.
165	165	137 Section 1. Definitions. As used in this chapter, the following words shall have the
166	166	138following meanings unless the context clearly requires otherwise:
167	167	139 “Disposable Food Service Ware” shall mean single-use or disposable products for
168	168	140heating, storing, packaging, serving, consuming or transporting prepared or ready-to-consume 8 of 31
169	169	141food or beverages including, but not limited to, bowls, plates, trays, cartons, cups, lids, hinged or
170	170	142lidded containers, spoons, forks and knives. This includes any containers used by food
171	171	143establishments to heat, cook or store food or beverages prior to serving, regardless of whether
172	172	144such containers are used to serve such food or beverages. Disposable Food Service Ware also
173	173	145includes any such implements sold by Retail Establishments to consumers for personal use.
174	174	146 “Foam Polystyrene” shall mean polystyrene in the form of a foam or expanded material,
175	175	147processed by any number of techniques including, but not limited to, fusion of polymer spheres
176	176	148(expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding
177	177	149(extruded foam polystyrene).
178	178	150 “Food Establishment” shall mean any operation that serves, vends or otherwise provides
179	179	151food or other products to third-parties for consumption and/or use on or off the premises,
180	180	152whether or not a fee is charged, but not including the service of food within a home or other
181	181	153private setting. Any facility requiring a food permit in accordance with the Massachusetts State
182	182	154Food Code, 105 CMR 590.000, et seq. and/or regulations of the Board of Health shall be
183	183	155considered a “food establishment” for purposes of this chapter.
184	184	156 “Health Agent” shall mean the Health Agent for the city or town of the facility, or his/her
185	185	157designee.
186	186	158 “Packing Material” shall mean material used to hold, cushion, or protect items packed in
187	187	159a container for shipping transport or storage.
188	188	160 “Prepared Food” shall mean food or beverages, which are serviced, packaged, cooked,
189	189	161chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared (collectively 9 of 31
190	190	162“prepared”) for individual customers or consumers. Prepared Food does not include raw eggs or
191	191	163raw, butchered meats, fish, seafood, and/or poultry.
192	192	164 “Polystyrene” shall mean a synthetic polymer produced by polymerization of styrene
193	193	165monomer. Polystyrene includes both “Foam Polystyrene” and “Solid Polystyrene” as defined in
194	194	166this chapter. The International Resin Identification Code assigned to polystyrene materials is “6”.
195	195	167Polystyrene items may be identified by a "6" or "PS," either alone or in combination with other
196	196	168letters. The regulations and prohibitions relating to polystyrene in this law are intended to apply
197	197	169regardless of the presence or absence of an International Resin Identification Code or other
198	198	170identifying marks on the item.
199	199	171 “Retail Establishment” shall mean a store or premises engaged in the retail business of
200	200	172selling or providing merchandise, goods, groceries, prepared take-out food and beverages for
201	201	173consumption off-premises or the serving of an item directly to customers at such store or
202	202	174premises, including, but not limited to, grocery stores, department stores, pharmacies,
203	203	175convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including
204	204	176farmers markets and public markets; provided, however, that a “retail establishment” shall also
205	205	177include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable
206	206	178roadside stand used by a person from which to engage in such business directly with customers
207	207	179and business establishments without a storefront, including, but not limited to, a business
208	208	180delivering prepared foods or other food items, web-based or catalog business or delivery services
209	209	181used by a retail establishment; provided further, that a “retail establishment” shall include a non-
210	210	182profit organization, charity or religious institution that has a retail establishment and holds itself
211	211	183out to the public as engaging in retail activities that are characteristic of similar type commercial
212	212	184retail businesses, whether or not for profit when engaging in such activity. 10 of 31
213	213	185 “Solid Polystyrene” shall mean polystyrene, including clear (oriented) polystyrene,
214	214	186produced in a rigid form with minimal incorporation of air or other gas. Solid polystyrene is also
215	215	187referred to as ‘rigid polystyrene’.
216	216	188 Section 2. Regulated Conduct
217	217	189 a. One year after passage of this Act, no Food Establishment in the Commonwealth of
218	218	190Massachusetts may use, sell, offer for sale, or otherwise distribute disposable food service ware
219	219	191made from foam polystyrene or solid polystyrene.
220	220	192 b. One year after passage of this Act, no Retail Establishment in the Commonwealth of
221	221	193Massachusetts may sell, offer for sale, or otherwise distribute: 1. disposable food service ware
222	222	194made from foam polystyrene or solid polystyrene 2. meat trays, fish trays, seafood trays,
223	223	195vegetable trays, or egg cartons made in whole or in any part with foam polystyrene or solid
224	224	196polystyrene 3. distributing packing materials, including packing peanuts, other loose fill
225	225	197packaging and shipping boxes made in whole or in any part with foam polystyrene. 4. coolers,
226	226	198ice chests, or similar containers; pool or beach toys; and dock floats, mooring buoys, or anchor
227	227	199or navigation markers, which are made in whole or in any part with foam polystyrene that is not
228	228	200wholly encapsulated within a more durable material.
229	229	201 c. For the purposes of Section 2(b)(3), ‘distributing packing material’ does not include: 1.
230	230	202Re-using packing materials for shipping, transport, or storage within the same distribution
231	231	203system, where the packing materials are not sent to a customer or end user. 2. Receiving
232	232	204shipments within the Commonwealth that include polystyrene foam used as a packing material,
233	233	205provided that the goods were not packaged or repackaged within the Commonwealth of
234	234	206Massachusetts. 11 of 31
235	235	207 Section 3. Exemption
236	236	208 a. Nothing in this chapter shall prohibit individuals from using disposable food service
237	237	209ware or other items made of polystyrene purchased outside the Commonwealth of Massachusetts
238	238	210for personal use. b) Prepared food packaged outside the Commonwealth of Massachusetts is
239	239	211exempt from the provisions of this chapter, provided that it is sold or otherwise provided to the
240	240	212consumer in the same disposable food service ware in which it was originally packaged, and that
241	241	213the prepared food has not been altered or repackaged. c) The Commonwealth of Massachusetts
242	242	214Department of Environmental Protection or the Board of Health of the city or town in which the
243	243	215food or retail establishment is located may exempt a food establishment or retail establishment
244	244	216from any provision of this chapter for a period of up to six months upon written application by
245	245	217the owner or operator of that establishment. No exemption will be granted unless the Department
246	246	218of Environmental Protection or the Board of Health finds that (1) strict enforcement of the
247	247	219provision for which the exemption is sought would cause undue hardship; or (2) the food
248	248	220establishment or retail establishment requires additional time in order to draw down an existing
249	249	221inventory of a specific item regulated by this chapter. For purposes of this chapter, “undue
250	250	222hardship” shall mean a situation unique to a food establishment or retail establishment in which
251	251	223there are no reasonable alternatives to the use of materials prohibited by this chapter, and that
252	252	224compliance with this chapter would create significant economic hardship for the Establishment
253	253	225 Section 4. Enforcement
254	254	226 Health Agents of the cities and towns of the Commonwealth of Massachusetts shall also
255	255	227have the authority to enforce this chapter. This chapter may be enforced through any lawful
256	256	228means in law or in equity, including but not limited to, noncriminal disposition pursuant to G.L. 12 of 31
257	257	229c. 40 § 21D. The town or city may enforce this chapter or enjoin violations thereof through any
258	258	230lawful process or combination of processes, and the election of one remedy by the town or city
259	259	231shall not preclude enforcement through any other lawful means. Violations of this chapter are
260	260	232punishable by a fine of up to $500 per violation. Each successive day of noncompliance will
261	261	233count as a separate violation.
262	262	234 If non-criminal disposition is elected, then any Food or Retail Establishment that violates
263	263	235any provision of this chapter shall be subject to the following penalties: (i) first offense: written
264	264	236warning;(ii) second offense: $250 penalty, and (iii) third and each subsequent offense: $500
265	265	237penalty.
266	266	238 Section 5. Regulations
267	267	239 The Board of Health may adopt and amend rules and regulations to effectuate the
268	268	240purposes of this chapter.
269	269	241 Section 6. Interaction with Other Laws
270	270	242 In the case of a conflict between the requirements of this chapter and any other federal,
271	271	243state or local law concerning the materials regulated herein, the more stringent requirements shall
272	272	244apply.
273	273	245 Section 7. Severability
274	274	246 If any provision of this chapter is declared invalid or unenforceable the other provisions
275	275	247shall not be affected thereby.
276	276	248 SECTION 3. Reduce Plastic Straws in the Environment 13 of 31
277	277	249 The General Laws are hereby amended by inserting after chapter 21Q the following
278	278	250chapter:
279	279	251 Chapter 21R.
280	280	252 Section 1. Definitions. As used in this chapter, the following words shall have the
281	281	253following meanings unless the context clearly requires otherwise:
282	282	254 “Disability” shall mean a physical, intellectual, or sensory impairment that substantially
283	283	255limits one or more major life activities.
284	284	256 “Disposable plastic straw, stirrer, or splash stick” shall mean a drinking straw, stirrer, or
285	285	257splash stick made predominantly from synthetic polymers and that is not a reusable straw, stirrer,
286	286	258or splash stick. A disposable plastic straw, stirrer, or splash stick shall also include items made in
287	287	259whole or in part from synthetic polymers that are otherwise classified as ‘compostable’,
288	288	260‘biodegradable’, ‘oxodegradable’, or ‘marine degradable’.
289	289	261 “Food Establishment” shall mean any operation that serves, vends or otherwise provides
290	290	262food or other products to third-parties for consumption and/or use on or off the premises,
291	291	263whether or not a fee is charged, but not including the service of food within a home or other
292	292	264private setting. Any facility requiring a food permit in accordance with the Massachusetts State
293	293	265Food Code, 105 CMR 590.000, et seq. and/or regulations of the Board of Health shall be
294	294	266considered a “food establishment” for purposes of this bylaw.
295	295	267 “Health Agent” shall mean the Health Agent for the city or town of the facility or his/her
296	296	268designee. 14 of 31
297	297	269 “Medical Condition” shall mean any illness, disease, or injury that requires medical
298	298	270treatment.
299	299	271 “Reusable straw, stirrer, or splash stick” shall mean a drinking straw, stirrer, or splash
300	300	272stick that is manufactured from durable materials, and is designed to be adequately and
301	301	273repeatedly cleaned and sanitized for reuse.
302	302	274 “Retail Establishment” shall mean a store or premises engaged in the retail business of
303	303	275selling or providing merchandise, goods, groceries, prepared take-out food and beverages for
304	304	276consumption off-premises or the serving of an item, directly to customers at such store or
305	305	277premises, including, but not limited to, grocery stores, department stores, clothing stores,
306	306	278pharmacies, convenience stores, restaurants, coffee shops and seasonal and temporary
307	307	279businesses, including farmers markets and public markets; provided, however, that a “retail
308	308	280establishment” shall also include a food truck or other motor vehicle, mobile canteen, trailer,
309	309	281market pushcart or moveable roadside stand used by a person from which to engage in such
310	310	282business directly with customers and business establishments without a storefront, including, but
311	311	283not limited to, a business delivering prepared foods or other food items, web-based or catalog
312	312	284business or delivery services used by a retail establishment; provided further, that a “retail
313	313	285establishment” shall include a non-profit organization, charity or religious institution that has a
314	314	286retail establishment and holds itself out to the public as engaging in retail activities that are
315	315	287characteristic of similar type commercial retail businesses, whether or not for profit when
316	316	288engaging in such activity.
317	317	289 Section 2. Regulated Conduct 15 of 31
318	318	290 a. One year after passage of this Act, no food establishment in the Commonwealth of
319	319	291Massachusetts may provide a disposable plastic straw, stirrer, or splash stick, as such term is
320	320	292defined in this chapter, to a customer.
321	321	293 b. One year after passage of this Act, no food establishment in the Commonwealth of
322	322	294Massachusetts may provide a disposable straw, stirrer, or splash stick that is not a reusable straw,
323	323	295stirrer, or splash stick to a customer, except upon that customer’s specific request for such items
324	324	296or if the item is selected by a customer from a self-service dispenser.
325	325	297 c. One year after passage of this Act, retail establishments in the Commonwealth of
326	326	298Massachusetts are prohibited from selling or distributing disposable plastic straws, stirrers, or
327	327	299splash sticks to customers unless equivalent non-plastic or reusable straws, stirrers, or splash
328	328	300sticks are available for sale and are clearly labeled such that any customer can easily distinguish
329	329	301among the disposable plastic, disposable non-plastic, and reusable items.
330	330	302 Section 3. Exemptions
331	331	303 a. Nothing in this bylaw shall prohibit individuals from bringing and using their own
332	332	304personal straws, stirrers, or splash sticks of any type for personal use in a food establishment. b.
333	333	305Food establishments may provide a disposable plastic straw, stirrer, or splash stick, upon request,
334	334	306to a person in need due to a disability or medical condition. c. The Department of Environmental
335	335	307Protections or the Board of Health or health agent of the city or town in which the establishment
336	336	308is located may exempt a food establishment or retail establishment from any provision of this
337	337	309chapter for a period of up to six months upon written application by the owner or operator of that
338	338	310establishment. No exemption will be granted unless the Department or the Board of Health or 16 of 31
339	339	311 health agent finds that the establishment requires additional time in order to draw down
340	340	312an existing inventory of a specific item regulated by this chapter.
341	341	313 Section 4. Enforcement
342	342	314 Health Agents shall have the authority to enforce this bylaw. This bylaw may be enforced
343	343	315through any lawful means in law or in equity, including but not limited to, noncriminal
344	344	316disposition pursuant to G.L. c. 40 § 21D and Article VI of the General Bylaws. The city or town
345	345	317may enforce this chapter or enjoin violations thereof through any lawful process or combination
346	346	318of processes, and the election of one remedy by the city or town shall not preclude enforcement
347	347	319through any other lawful means.
348	348	320 Violations of this bylaw are punishable by a fine of up to $300 per violation. Each
349	349	321successive day of noncompliance will count as a separate violation.
350	350	322 If non-criminal disposition is elected, then any Food Establishment or Retail
351	351	323Establishment that violates any provision of this bylaw shall be subject to the following
352	352	324penalties: (i) first offense: written warning, (ii) second offense: $50 penalty, and (iii) third and
353	353	325each subsequent offense: $300 penalty.
354	354	326 Section 5. Regulations
355	355	327 The Board of Health may adopt and amend rules and regulations to effectuate the
356	356	328purposes of this chapter.
357	357	329 Section 6. Interaction with Other Laws 17 of 31
358	358	330 In the case of a conflict between the requirements of this chapter and any other federal,
359	359	331state or local law concerning the materials regulated herein, the more stringent requirements shall
360	360	332apply.
361	361	333 Section 7. Severability
362	362	334 If any provision of this chapter is declared invalid or unenforceable the other provisions
363	363	335shall not be affected thereby.
364	364	336 SECTION 4. To Prevent the Release of Helium Balloons into the Environment
365	365	337 Chapter 131 of the General Laws, as appearing in the 2016 official edition, is hereby
366	366	338amended by adding the following new section:
367	367	339 Section 119. The sale, distribution and release of any type of balloon, including, but not
368	368	340limited to, plastic or latex, filled with any type of lighter than air gas, both for public or private
369	369	341use, is hereby prohibited. Whoever violates any provision of this section shall be punished by a
370	370	342fine of not more than one hundred dollars.
371	371	343 The provisions of this section shall not apply to (i) balloons released by or on behalf of
372	372	344any agency of the commonwealth or the United States for scientific or meteorological purposes,
373	373	345or (ii) hot air balloons that are recovered after launch.
374	374	346 SECTION 5. To Prevent the Release of Nips into the Environment
375	375	347 One year after passage of this Act, the sale of alcoholic beverages in containers less than
376	376	348or equal to 100 milliliters is prohibited within the Commonwealth of Massachusetts.
377	377	349 SECTION 6. To Prevent the Release of Wipes Containing Plastic into the Environment 18 of 31
378	378	350 Section 1. For purposes of this section, the following definition shall apply:
379	379	351 “Plastic Wipe”, a nonwoven disposable product manufactured and sold in this state or
380	380	352brought into the state for sale that is constructed from plastic resin (including, but not limited to,
381	381	353polyester and polypropylene) nonwoven sheets, including moist toilet tissue or cloth, that is
382	382	354designed, marketed to or commonly used by the general public for personal hygiene or cleaning
383	383	355purposes, including, but not limited to, diaper wipes, toilet wipes, household cleaning wipes,
384	384	356personal care wipes and facial wipes.
385	385	357 Section 2. No retailer shall sell or distribute plastic wet wipes other than those used for
386	386	358medical applications.
387	387	359 Section 3. This law shall not affect prescription products.
388	388	360 SECTION 7. To Prevent the Release of Hotel Toiletry Bottles into the Environment
389	389	361 Section 1. (a) For purposes of this section, the following definitions shall apply:
390	390	362 (1) “Hosted rental” means a house, apartment, or other livable space where the person
391	391	363providing sleeping accommodations is a permanent resident who lives on the premises.
392	392	364 (2) “Lodging establishment” means an establishment that contains one or more sleeping
393	393	365room accommodations that are rented or otherwise provided to the public, including, but not
394	394	366limited to, a hotel, motel, resort, bed and breakfast inn, or vacation rental. “Lodging
395	395	367establishment” does not include a hospital, nursing home, residential retirement community,
396	396	368prison, jail, homeless shelter, boarding school, worker housing, long-term rental, or hosted
397	397	369rental. 19 of 31
398	398	370 (3) “Personal care product” means a product intended to be applied to or used on the
399	399	371human body in the shower, bath, or any part thereof and shall include only shampoo, hair
400	400	372conditioner, and bath soap.
401	401	373 (4) “Plastic” means any synthetic material made from organic polymers, such as
402	402	374polyethylene, polyvinyl chloride (PVC), or nylon, that can be molded into shape while soft and
403	403	375then set into a rigid or slightly elastic form. “Plastic” includes all materials identified with resin
404	404	376codes 1 to 7, inclusive.
405	405	377 (5) “Small plastic bottle” means a plastic bottle or container with less than a 6-ounce
406	406	378capacity that is intended to be nonreusable by the end user.
407	407	379 (b) Commencing one year from the passage of this act for lodging establishments with
408	408	380more than 50 rooms, and two years from the passage of this act for lodging establishments with
409	409	38150 rooms or less, a lodging establishment shall not provide a small plastic bottle containing a
410	410	382personal care product to a person staying in a sleeping room accommodation, in any space within
411	411	383the sleeping room accommodation, or within bathrooms shared by the public or guests.
412	412	384 (c) A lodging establishment is encouraged to use bulk dispensers of personal care
413	413	385products to reduce plastic waste and lower operating costs, mindful of the health and safety of a
414	414	386person.
415	415	387 (d) A lodging establishment may provide personal care products in small plastic bottles to
416	416	388a person at no cost, upon request, at a place other than a sleeping room accommodation, a space
417	417	389within the sleeping room accommodation, or within bathrooms shared by the public or guests. 20 of 31
418	418	390 (e) A local agency with authority to inspect sleeping accommodations in a lodging
419	419	391establishment may issue a citation for a violation of subdivision (b). Upon a first violation, the
420	420	392local Board of Health shall issue a written warning, which shall recite the violation and advise
421	421	393that subsequent violations may result in citations. Upon a second or subsequent violation, the
422	422	394local agency may impose a penalty of five hundred dollars ($500) for each day the lodging
423	423	395establishment is in violation, but not to exceed two thousand dollars ($2,000) annually.
424	424	396 (f) A lodging establishment in violation of subdivision (b) is liable for a civil penalty of
425	425	397five hundred dollars ($500) for the first violation and two thousand dollars ($2,000) for a second
426	426	398or subsequent violation.
427	427	399 (g) (1) On and after one year from the passage of this act, a city, county, or city and
428	428	400county shall not pass or enforce an ordinance, resolution, regulation, or rule relating to personal
429	429	401care products in plastic bottles provided at lodging establishments, except as provided in
430	430	402paragraph (2).
431	431	403 Section 2. A city, county, or city and county that, before the passage of this act, passed an
432	432	404ordinance, resolution, regulation, or rule relating to personal care products in plastic bottles
433	433	405provided at lodging establishments may enforce that ordinance, resolution, regulation, or rule, if
434	434	406it is at least as stringent as, and not in conflict with, this section.
435	435	407 SECTION 8. To Prevent the Release of Plastic Water Bottles Into the Environment
436	436	408 Section 1. (a) For purposes of this section, the following definitions shall apply:
437	437	409 "Single-serve plastic container" means a container with a volume of 1 litter or less made
438	438	410in whole or in part of plastic resin codes 1 through 6 (excluding the label or cap). 21 of 31
439	439	411 "Bottled Water" means non-sparkling, unflavored drinking water.
440	440	412 Section 2. Restrictions
441	441	413 No retailer shall sell or distribute any bottled water in a single-serve plastic container
442	442	414other than nutritive drinks, tea, coffee, or unflavored carbonated water.
443	443	415 Section 3. Exclusions
444	444	416 Sales or distribution of drinking water in plastic bottles occurring subsequent to a
445	445	417declaration by a duly authorized Town, state or Federal official of an emergency affecting the
446	446	418availability and/or quality of drinking water to residents of the Town shall be exempt from this
447	447	419bylaw until seven days after the declaration has ended.
448	448	420 Section 4. Effective Date
449	449	421 The provisions of this law shall take effect one year after passage of this Act.
450	450	422 SECTION 9. To Prevent the Release of Black Plastic into the Environment
451	451	423 The General Laws are hereby amended by inserting after chapter 21R the following
452	452	424chapter:
453	453	425 Chapter 21S.
454	454	426 Section 1. Definitions. As used in this chapter, the following words shall have the
455	455	427following meanings unless the context clearly requires otherwise:
456	456	428 “Disposable Food Service Ware” shall mean single-use or disposable products for
457	457	429heating, storing, packaging, serving, consuming, or transporting prepared or ready-to-consume 22 of 31
458	458	430food or beverages including, but not limited to, bowls, plates, trays, cartons, cups, lids, hinged or
459	459	431lidded containers, spoons, forks and knives. This includes any containers used by food
460	460	432establishments to heat, cook, or store food or beverages prior to serving, regardless of whether
461	461	433such containers are used to serve such food or beverages. Disposable Food Service Ware also
462	462	434includes any such implements sold by Retail Establishments to consumers for personal use.
463	463	435 “Black Plastic” shall mean any plastic with any plastic resin codes #1-#7.
464	464	436 “Food Establishment” shall mean any operation that serves, vends or otherwise provides
465	465	437food or other products to third-parties for consumption and/or use on or off the premises,
466	466	438whether or not a fee is charged, but not including the service of food within a home or other
467	467	439private setting. Any facility requiring a food permit in accordance with the Massachusetts State
468	468	440Food Code, 105 CMR 590.000, et seq. and/or regulations of the Board of Health shall be
469	469	441considered a “food establishment” for purposes of this bylaw.
470	470	442 “Health Agent” shall mean the Health Agent for the city or town of the facility or his/her
471	471	443designee.
472	472	444 “Prepared Food” shall mean food or beverages, which are serviced, packaged, cooked,
473	473	445chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared (collectively
474	474	446“prepared”) for individual customers or consumers. Prepared Food does not include raw eggs or
475	475	447raw, butchered meats, fish, seafood, and/or poultry.
476	476	448 “Retail Establishment” shall mean a store or premises engaged in the retail business of
477	477	449selling or providing merchandise, goods, groceries, prepared take-out food and beverages for
478	478	450consumption off-premises or the serving of an item directly to customers at such store or
479	479	451premises, including, but not limited to, grocery stores, department stores, pharmacies, 23 of 31
480	480	452 convenience stores, restaurants, coffee shops and seasonal and temporary businesses,
481	481	453including farmers markets and public markets; provided, however, that a “retail establishment”
482	482	454shall also include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or
483	483	455moveable roadside stand used by a person from which to engage in such business directly with
484	484	456customers and business establishments without a storefront, including, but not limited to, a
485	485	457business delivering prepared foods or other food items, web-based or catalog business or
486	486	458delivery services used by a retail establishment; provided further, that a “retail establishment”
487	487	459shall include a non-profit organization, charity or religious institution that has a retail
488	488	460establishment and holds itself out to the public as engaging in retail activities that are
489	489	461characteristic of similar type commercial retail businesses, whether or not for profit when
490	490	462engaging in such activity.
491	491	463 Section 2. Regulated Conduct
492	492	464 a. One year after passage of this Act, no Food Establishment in the Commonwealth of
493	493	465Massachusetts may use, sell, offer for sale, or otherwise distribute disposable food service ware
494	494	466made from black plastic.
495	495	467 b. One year after passage of this Act, no Retail Establishment in the Commonwealth of
496	496	468Massachusetts may sell, offer for sale, or otherwise distribute: 1. disposable food service ware
497	497	469made from black plastic. 2. meat trays, fish trays, seafood trays, vegetable trays, or egg cartons
498	498	470made in whole or in any part with black plastic.
499	499	471 Section 3. Exemption
500	500	472 a) Nothing in this chapter shall prohibit individuals from using disposable food service
501	501	473ware or other items made of black plastic purchased outside the Commonwealth of 24 of 31
502	502	474Massachusetts for personal use. b) Prepared food packaged outside the Commonwealth of
503	503	475Massachusetts is exempt from the provisions of this chapter, provided that it is sold or otherwise
504	504	476provided to the consumer in the same disposable food service ware in which it was originally
505	505	477packaged, and that the prepared food has not been altered or repackaged. c) The Commonwealth
506	506	478of Massachusetts Department of Environmental Protection or the Board of Health of the city or
507	507	479town in which the food or retail establishment is located may exempt a food establishment or
508	508	480retail establishment from any provision of this chapter for a period of up to six months upon
509	509	481written application by the owner or operator of that establishment. No exemption will be granted
510	510	482unless the Department of Environmental Protection or the Board of Health finds that (1) strict
511	511	483enforcement of the provision for which the exemption is sought would cause undue hardship; or
512	512	484(2) the food establishment or retail establishment requires additional time in order to draw down
513	513	485an existing inventory of a specific item regulated by this chapter. For purposes of this chapter,
514	514	486“undue hardship” shall mean a situation unique to a food establishment or retail establishment in
515	515	487which there are no reasonable alternatives to the use of materials prohibited by this chapter, and
516	516	488that compliance with this chapter would create significant economic hardship for the
517	517	489Establishment.
518	518	490 Section 4. Enforcement
519	519	491 Health Agents of the cities and towns of the Commonwealth of Massachusetts shall also
520	520	492have the authority to enforce this chapter. This chapter may be enforced through any lawful
521	521	493means in law or in equity, including but not limited to, noncriminal disposition pursuant to G.L.
522	522	494c. 40 § 21D and Article VI of the General Bylaws. The town or city may enforce this chapter or
523	523	495enjoin violations thereof through any lawful process or combination of processes, and the 25 of 31
524	524	496election of one remedy by the town or city shall not preclude enforcement through any other
525	525	497lawful means.
526	526	498 Violations of this chapter are punishable by a fine of up to $300 per violation. Each
527	527	499successive day of noncompliance will count as a separate violation.
528	528	500 If non-criminal disposition is elected, then any Food or Retail Establishment that violates
529	529	501any provision of this chapter shall be subject to the following penalties:
530	530	502 First Offense: written warning
531	531	503 Second Offense: $50 penalty
532	532	504 Third and each subsequent offense: $300 penalty
533	533	505 Section 5. Regulations
534	534	506 The Board of Health may adopt and amend rules and regulations to effectuate the
535	535	507purposes of this chapter.
536	536	508 Section 6. Interaction with Other Laws
537	537	509 In the case of a conflict between the requirements of this chapter and any other federal,
538	538	510state or local law concerning the materials regulated herein, the more stringent requirements shall
539	539	511apply.
540	540	512 Section 7. Severability
541	541	513 If any provision of this chapter is declared invalid or unenforceable the other provisions
542	542	514shall not be affected thereby. 26 of 31
543	543	515 SECTION 10. To Support Our Restaurants
544	544	516 Section 1. For purposes of this chapter, the following terms have the following
545	545	517definitions:
546	546	518 (a) “Disposable”, means designed to be discarded after a single or limited number of uses
547	547	519and not designed or manufactured for long-term multiple reuse.
548	548	520 (b) “Food service ware accessories”, include food service ware such as straws, stirrers,
549	549	521cup spill plugs, cup sleeves, condiments and condiment packets, utensils (including chopsticks),
550	550	522cocktail sticks/picks, toothpicks, napkins, and other similar accessory or accompanying food
551	551	523service ware used as part of food or beverage service or packaging. Detachable lids for beverage
552	552	524cups and food containers are not considered a food service ware accessory.
553	553	525 (c) “Food facility”, means an operation that stores, prepares, packages, serves, vends, or
554	554	526otherwise provides food to the public for human consumption.
555	555	527 (d) “Takeout food”, means prepared food requiring no further preparation, which is
556	556	528purchased to be consumed off a prepared food facility’s premises. Takeout food includes
557	557	529prepared food delivered by a food facility or by a third-party takeout food delivery service.
558	558	530 (e) “Takeout food delivery service”, is a service that delivers takeout food from a food
559	559	531facility to a customer for consumption off the premises. This service can be provided directly by
560	560	532the food facility or by a third party.
561	561	533 Section 2.
562	562	534 (a) No food facility shall provide any disposable food service ware accessories except: 27 of 31
563	563	535 1. Upon request by the consumer;
564	564	536 2. Upon acceptance by the consumer after being offered by the food facility; or
565	565	537 3. At a self-serve area and/or a dispenser.
566	566	538 (b) Food facilities shall only distribute disposable food service ware if they charge the
567	567	539customer what that food ware cost the food facility, or a dollar, whichever is greater.
568	568	540 (c) Takeout food delivery services that utilize digital ordering/point of sale platforms,
569	569	541including but not limited to the internet and smartphones, shall only offer disposable food service
570	570	542ware accessories by providing clear options for customers to affirmatively request these items
571	571	543separate from orders for food and beverages. The default option on the digital ordering/point of
572	572	544sale platforms shall be that no disposable food service ware accessories are requested. Each
573	573	545individual disposable food service ware accessory (e.g., each fork, knife, condiment packet,
574	574	546napkin, etc.) provided with prepared food must be specifically requested by the customer in order
575	575	547for a food facility to provide it.
576	576	548 (d) Takeout food delivery services shall only distribute disposable food service ware if
577	577	549they charge the customer what that food ware cost the food facility, or a dollar, whichever is
578	578	550greater.
579	579	551 SECTION 11. The General Laws are hereby amended by inserting after chapter 21O the
580	580	552following chapter:
581	581	553 CHAPTER 21P.
582	582	554 IMPROVED PLASTIC BOTTLES AND INCREASED RECYCLING 28 of 31
583	583	555 Section 1. Definitions. As used in this chapter, the following words shall have the
584	584	556following meanings unless the context clearly requires otherwise:
585	585	557 (a) “Beverage”, any of the following products prepared for immediate consumption and
586	586	558sold in a single-use container: beer and malt beverages; wine distilled spirit coolers; carbonated
587	587	559water and soda; noncarbonated water; carbonated soft drinks; noncarbonated soft drinks and
588	588	560‘soft’ drinks; non-carbonated fruit drinks that contain any percentage of fruit juice and vegetable
589	589	561juice; coffee and tea drinks; carbonated fruit drinks; vegetable and fruit juice, sports drinks,
590	590	562fermented non-alcoholic drinks;
591	591	563 (b) “Beverage cap”, a cap on any plastic beverage container that is made wholly or in
592	592	564large part from plastic;
593	593	565 (c) “Plastic beverage container”, an individual, separate bottle, can, jar, carton, or other
594	594	566receptacle, however denominated, in which one liter or less of a beverage is sold, and that is
595	595	567constructed of plastic. “Beverage container” does not include a cup or other similar container
596	596	568open or loosely sealed receptacle;
597	597	569 (d) “The Department” means the Department of Environmental Protection for the
598	598	570Commonwealth of Massachusetts;
599	599	571 (e) “Plastic”, an organic or petroleum derivative synthetic or a semisynthetic organic
600	600	572solid that is moldable, and to which additives or other substances may have been added, with the
601	601	573exception of natural polymers that have not been chemically modified;
602	602	574 (f) “Product manufacturer” means any person, partnership, association, corporation or
603	603	575any other entity that, through its own action or through contract or control, is primarily 29 of 31
604	604	576responsible for causing a product to be produced that is held inside of a rigid plastic packaging
605	605	577container and sold or offered for sale in Massachusetts.
606	606	578 i. The Department shall consider the following factors in identifying a product
607	607	579manufacturer: (1) the ownership of the brand name of the product in the beverage container; (2)
608	608	580primary control or influence over the design of the product in the beverage container; (3) primary
609	609	581control or influence over the design specifications of the beverage container;
610	610	582 ii. Any entity that has a legally recognized corporate relationship (i.e. parent/subsidiary or
611	611	583affiliate relationship) with a product manufacturer shall be allowed to assume the responsibilities
612	612	584of the product manufacturer as they relate to the requirements of this Act.
613	613	585 (h) “Retailer” means a person who sells a beverage in a beverage container to a
614	614	586consumer;
615	615	587 (i) “Single use”, means intended for disposal after one use and used for serving or
616	616	588transporting a prepared, ready-to-consume product, and is not intended for multiple trips or
617	617	589rotations by being returned to the producer for refill or reused for the same purpose for which it
618	618	590was conceived.
619	619	591 Section 2. Prohibition
620	620	592 (a) On and after January 1, 2024, a retailer shall not sell or offer for sale, in the state, a
621	621	593single-use beverage container with a beverage cap, unless the container meets one of the
622	622	594following conditions: (i) the beverage cap is tethered to the container in a manner that prevents
623	623	595the separation of the cap from the container when the cap is removed from the container; (ii) The 30 of 31
624	624	596beverage cap includes an opening from which the beverage can be consumed while the cap is
625	625	597screwed onto or otherwise contiguously affixed to the container;
626	626	598 (b) Metal caps or lids with plastic seals shall not be considered to be made from plastic.
627	627	599Glass and metal beverage containers that have caps and lids made from plastic shall not be
628	628	600included in this act;
629	629	601 SECTION 12. Requirements for the Removal of Toxic Substances in Beverage
630	630	602Containers, Food Ware, and Food Ware Accessories
631	631	603 (1) Definitions:
632	632	604 (a) “Beverage container”, means a prepackaged container designed to hold a beverage
633	633	605that is made of any material, including glass, plastic, and metal, cartons, pouches, and aseptic
634	634	606packaging.
635	635	607 (b) “Food ware accessories”, include food serviceware such as straws, stirrers, cup spill
636	636	608plugs, cup sleeves, condiments and condiment packets, utensils (including chopsticks), cocktail
637	637	609sticks/picks, toothpicks, napkins, and other similar accessory or accompanying food service ware
638	638	610used as part of food or beverage service or packaging.
639	639	611 (c) “Food ware”. means any single use or reusable containers that food is served in or
640	640	612sold in.
641	641	613 (d) “Food packaging” means any packaging that comes into direct contact with food that
642	642	614will eventually be consumed by human beings or animals. 31 of 31
643	643	615 (2) Beginning two years after adoption of this bill, no person or entity may sell, offer for
644	644	616sale, or distributed into the state any beverage container, food ware accessories, food ware, or
645	645	617food packaging containing the following toxic substances:
646	646	618 (a) Ortho-phthalates, (b) Bisphenols, (c) Per- and polyfluoroalkyl substances (PFAS), (d)
647	647	619Lead and lead compounds, (e) Hexavalent chromium and compounds, (f) Cadmium and
648	648	620cadmium compounds, (g) Mercury and mercury compounds, (h) Benzophenone and its
649	649	621derivatives, (i) Halogenated flame retardants, (j) Perchlorate, (k) Formaldehyde, (l) Toluene, (m)
650	650	622Antimony and compounds, and (n) UV 328 (2-(2H-benzotriazol-2-yl)-4,6-di-tert-pentylphenol).
651	651	623 (3) Beginning two years after the Start Date, no person or entity shall sell, offer for sale,
652	652	624or distribute for use in this state any Beverage Container containing (a) polyvinyl chloride, (b)
653	653	625polystyrene, or (c) polycarbonate.
654	654	626 (4) Beginning three years after the start date, and every three years thereafter, the
655	655	627Department of Environmental Protection shall designate at least ten additional toxic substances
656	656	628or families of toxic substances that may no longer be used in Beverage Containers unless the
657	657	629Department of Environmental Protection determines there are not ten toxic substances of
658	658	630families of toxic substances that are required to be banned from use in beverage containers.
659	659	631 (5) Any producer that violates this section shall be subject to a fine for each violation not
660	660	632to exceed fifty thousand dollars per violation. For the purposes of this section, each product line
661	661	633that is sold, offered for sale, or distributed to consumers, via retail commerce, in the state,
662	662	634including through an internet transaction violation shall be considered a violation.
663	663	635 SECTION 13. The provisions of this bill shall take effect one year after passage unless
664	664	636otherwise specified.