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HOUSE DOCKET, NO. 3845 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 916
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Michelle L. Ciccolo
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to reduce single use plastics in the environment.
_______________
PETITION OF:
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
HOUSE DOCKET, NO. 3845 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 916
By Representative Ciccolo of Lexington, a petition (accompanied by bill, House, No. 916) of
Michelle L. Ciccolo and others for legislation to reduce single-use plastics from the environment.
Environment and Natural Resources.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act to reduce single use plastics in the environment.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Title II of the General Laws is hereby amended by inserting after chapter
221O the following chapter:-
3 CHAPTER 21P: PLASTIC BAG REDUCTION
4 Section 1. As used in this chapter, the following words shall have the following meanings
5unless the context clearly requires otherwise:
6 “Carryout bag”, a bag that is provided to a customer to carry items purchased from or
7serviced by a retail establishment. A carryout bag does not include the following: (i) a bag
8provided by a pharmacy to a customer purchasing prescription medication; (ii) a bag used to
9protect items from damaging or contaminating other purchased items placed in a recycled paper
10bag or a reusable grocery bag; (iii) a bag provided to contain an unwrapped food item; (iv) a bag
11to protect articles of clothing on a hanger; (v) a bag to prevent frozen food items, including ice
12cream, from thawing; (vi) a bag to protect small items from loss. 2 of 31
13 “Postconsumer recycled material”, a material that would otherwise be destined for solid
14waste disposal, having completed its intended end use and product life cycle. Postconsumer
15recycled material does not include materials and byproducts generated from, and commonly
16reused within, an original manufacturing and fabrication process.
17 “Recycled paper bag”, a paper bag that is (i) 100 per cent recyclable; (ii) contains a
18minimum of 40 per cent postconsumer recycled materials, provided, however, that an 8 pound or
19smaller recycled paper bag shall contain a minimum of 20 per cent postconsumer recycled
20material; and (iii) displays the words "Recyclable" and "made from 40% post-consumer recycled
21content" or other applicable amount in a visible manner on the outside of the bag.
22 “Reusable grocery bag”, a bag that is not a plastic film bag, has handles that are stitched
23and not heat fused, and that is made of machine-washable cloth, hemp, or other woven or non-
24woven fibers, fabrics, or materials that are at least 45 grams per square meter, designed and
25manufactured specifically for multiple uses.
26 “Single-use carryout bag”, a carryout bag made of plastic, paper, or other material that is
27provided by a Retail establishment to a customer at the point of sale and that is not a recycled
28paper bag or a reusable grocery bag.
29 “Retail establishment”, a store or premises in which a person is engaged in the retail
30business of selling or providing merchandise, goods, groceries, prepared take-out food and
31beverages for consumption off-premises or the servicing of an item, directly to customers at such
32store or premises, including, but not limited to, grocery stores, department stores, pharmacies,
33convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including
34farmers markets and public markets; provided, however, that a “retail establishment” shall also 3 of 31
35include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable
36roadside stand used by a person from which to engage in such business directly with customers
37and business establishments without a storefront, including, but not limited to, a business
38delivering prepared foods or other food items, web-based or catalog business or delivery services
39used by a retail establishment; provided further, that a “retail establishment” shall include a non-
40profit organization, charity or religious institution that has a retail establishment and holds itself
41out to the public as engaging in retail activities that are characteristic of similar type retail
42businesses, whether or not for profit when engaging in such activity; provided further that a
43“retail establishment” shall include K-12 food service operations or institutional cafeterias,
44including those operated by or on behalf of any government entity.
45 Section 2. (a) Eighteen months after the enactment of this law, a Retail establishment
46shall not sell or otherwise distribute to a customer a carryout out bag that is not: a (i) reusable
47grocery bag, or (ii) recycled paper bag.
48 (b) For up to 180 days from the date of enactment, a Retail establishment may make
49available a single-use carryout bag, reusable grocery bag, or recycled paper bag to a customer.
50 (c) From 180 days to eighteen months after the enactment of this law, if a Retail
51establishment makes available a single-use carryout bag, recycled paper bag, or reusable grocery
52bag to a customer, the price of a single-use carryout bag, recycled paper bag, or reusable grocery
53bag shall be not less than $0.10 each.
54 (d) From eighteen months after the enactment of this law, if a Retail establishment makes
55available a recycled paper bag or a reusable grocery bag to a customer, the price of a recycled
56paper bag or a reusable grocery bag shall be not less than $0.10 each. 4 of 31
57 (e) All moneys collected pursuant to this section shall be retained by the Retail
58establishment.
59 (f) Subsections (a)-(d) shall not apply to any type of bag used by a Retail establishment or
60provided by a retail establishment to a customer for: (i) providing or distributing prepared foods,
61groceries or articles of clothing at no cost or at a substantially reduced cost by a nonprofit
62organization, charity or religious institution, or (ii) any item that requires the use of a certain type
63of bag under federal or state law.
64 (g) The department of environmental protection shall promulgate regulations with regard
65to the enforcement of this chapter. The department of environmental protection shall establish a
66small business exemption process by which a Retail establishment may elect to be exempt from
67the provisions of subsections (b) through (d) of this section. A Retail establishment electing for
68said exemption must upon request submit to the department of environmental protection a self-
69audit attesting that they meet the following criteria:
70 1.the owner of the Retail establishment has 3 or fewer store locations under the same
71ownership; and
72 2.each Retail establishment has less than 4,000 square feet of retail selling space; and
73 3.each Retail establishment has 15 or fewer employees employed at the store location;
74and either
75 4.the Retail establishment is not a food establishment as defined by 105 CMR
76590.001(C); or 5 of 31
77 5.the Retail establishment provided to consumers at the point of sale less than 15,000
78carry-out bags or checkout bags in total during the previous calendar year.
79 (h) Nothing in this section shall prohibit a customer from bringing a personal bag, made
80or comprised of any material, to a retail establishment to carry out items purchased from or
81serviced by the retail establishment.
82 (i) A retail establishment shall not be prohibited from selling or offering for sale to
83customers: (i) any package containing several bags, including, but not limited to, food bags,
84sandwich bags, yard waste bags, garbage bags or municipal pay-as-you-throw program trash
85bags; (ii) any product, merchandise or good with a protective bag, a bag to hold related
86accessories, parts or instruction manuals or a bag used as product packaging that the retail
87establishment received with such item or product from the manufacturer, distributor or vendor;
88or (iii) any bag that is not a retail type carryout bag that is sold or offered for sale as a product or
89merchandise, including, but not limited to, sports bags, handbags, equipment bags, tent bags or
90other bags specifically designed to protect or contain a particular item.
91 (j) Notwithstanding subsections (c)-(d) and to the extent permitted under federal and state
92law, a retail establishment that makes available for purchase a recycled paper bag at the point of
93sale shall not charge a fee for the bag to a customer using an electronic benefit transfer card as
94payment.
95 Section 3. This chapter shall preempt any limitation by any political subdivision of the
96commonwealth regarding the use, sale or distribution of carryout bags by a Retail establishment
97to the extent that it is regulated or covered by this chapter. Any part of a municipal ordinance, 6 of 31
98bylaw or regulation, including a regulation of a board of health, that is inconsistent with this
99chapter shall be null and void 180 days after the enactment of this law.
100 Section 4. (a) Each city and town shall enforce this chapter through its enforcing
101authority as determined under subsection (c).
102 (b) A retail establishment that violates this chapter shall be subject to a warning for the
103first violation, a civil penalty of up to $500 for the second violation and a civil penalty of up to
104$1000 for a third or subsequent violation. Each day a retail establishment is in violation of this
105chapter shall be considered a separate violation. Each city and town shall dispose of a civil
106violation under this subsection by the non-criminal method of disposition procedures contained
107in section 21D of chapter 40 without an enabling ordinance or bylaw.
108 (c) Each city and town shall designate the municipal board, department or official
109responsible for the local enforcement of this chapter and for the collection of money resulting
110from civil penalties assessed for violations of this chapter. A city or town shall retain any civil
111penalties collected for such violations.
112 Section 5. The department of environmental protection may through regulation: (i)
113increase or adjust the postconsumer recycled material percentage in a recycled paper bag; (ii)
114increase or adjust the fee established under subsections (c)-(d) of section 2; (iii) allow a retail
115establishment to use other non-plastic type carryout bags that are recyclable or compostable,
116provided however that such regulations shall not be implemented prior to the universal
117availability of a safe disposal route for compostable bags and, provided further, that the
118department shall seek public comment on said proposed regulations; and (iv) promulgate
119standards regulating bags authorized under subsection (b) of section 2. 7 of 31
120 The department of environmental protection shall, when adopting or amending any
121standard for an allowed recycled or reusable bag under this chapter, consult with the department
122of public health on issues relating to food safety and the materials used to produce the bags.
123 The department of environmental protection shall conduct an evaluation of the
124implementation of this act every three years and shall submit to the clerks of the senate and the
125house of representatives a report including legislative recommendations not later than December
12631.
127 Section 6. Nothing in this chapter shall prohibit or limit the department of environmental
128protection’s authority to enforce this chapter.
129 Section 7. Notwithstanding any general or special law to the contrary, the department of
130transitional assistance shall, if necessary to implement subsection (j) of section 2 of chapter 21P
131of the General Laws, use reasonable efforts to seek a waiver from the federal Food and Nutrition
132Service to implement said subsection (j) of said section 2 of said chapter 21P.
133 SECTION 2. Reduce Polystyrene in the Environment
134 The General Laws are hereby amended by inserting after chapter 21P the following
135chapter:
136 Chapter 21Q.
137 Section 1. Definitions. As used in this chapter, the following words shall have the
138following meanings unless the context clearly requires otherwise:
139 “Disposable Food Service Ware” shall mean single-use or disposable products for
140heating, storing, packaging, serving, consuming or transporting prepared or ready-to-consume 8 of 31
141food or beverages including, but not limited to, bowls, plates, trays, cartons, cups, lids, hinged or
142lidded containers, spoons, forks and knives. This includes any containers used by food
143establishments to heat, cook or store food or beverages prior to serving, regardless of whether
144such containers are used to serve such food or beverages. Disposable Food Service Ware also
145includes any such implements sold by Retail Establishments to consumers for personal use.
146 “Foam Polystyrene” shall mean polystyrene in the form of a foam or expanded material,
147processed by any number of techniques including, but not limited to, fusion of polymer spheres
148(expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding
149(extruded foam polystyrene).
150 “Food Establishment” shall mean any operation that serves, vends or otherwise provides
151food or other products to third-parties for consumption and/or use on or off the premises,
152whether or not a fee is charged, but not including the service of food within a home or other
153private setting. Any facility requiring a food permit in accordance with the Massachusetts State
154Food Code, 105 CMR 590.000, et seq. and/or regulations of the Board of Health shall be
155considered a “food establishment” for purposes of this chapter.
156 “Health Agent” shall mean the Health Agent for the city or town of the facility, or his/her
157designee.
158 “Packing Material” shall mean material used to hold, cushion, or protect items packed in
159a container for shipping transport or storage.
160 “Prepared Food” shall mean food or beverages, which are serviced, packaged, cooked,
161chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared (collectively 9 of 31
162“prepared”) for individual customers or consumers. Prepared Food does not include raw eggs or
163raw, butchered meats, fish, seafood, and/or poultry.
164 “Polystyrene” shall mean a synthetic polymer produced by polymerization of styrene
165monomer. Polystyrene includes both “Foam Polystyrene” and “Solid Polystyrene” as defined in
166this chapter. The International Resin Identification Code assigned to polystyrene materials is “6”.
167Polystyrene items may be identified by a "6" or "PS," either alone or in combination with other
168letters. The regulations and prohibitions relating to polystyrene in this law are intended to apply
169regardless of the presence or absence of an International Resin Identification Code or other
170identifying marks on the item.
171 “Retail Establishment” shall mean a store or premises engaged in the retail business of
172selling or providing merchandise, goods, groceries, prepared take-out food and beverages for
173consumption off-premises or the serving of an item directly to customers at such store or
174premises, including, but not limited to, grocery stores, department stores, pharmacies,
175convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including
176farmers markets and public markets; provided, however, that a “retail establishment” shall also
177include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable
178roadside stand used by a person from which to engage in such business directly with customers
179and business establishments without a storefront, including, but not limited to, a business
180delivering prepared foods or other food items, web-based or catalog business or delivery services
181used by a retail establishment; provided further, that a “retail establishment” shall include a non-
182profit organization, charity or religious institution that has a retail establishment and holds itself
183out to the public as engaging in retail activities that are characteristic of similar type commercial
184retail businesses, whether or not for profit when engaging in such activity. 10 of 31
185 “Solid Polystyrene” shall mean polystyrene, including clear (oriented) polystyrene,
186produced in a rigid form with minimal incorporation of air or other gas. Solid polystyrene is also
187referred to as ‘rigid polystyrene’.
188 Section 2. Regulated Conduct
189 a. One year after passage of this Act, no Food Establishment in the Commonwealth of
190Massachusetts may use, sell, offer for sale, or otherwise distribute disposable food service ware
191made from foam polystyrene or solid polystyrene.
192 b. One year after passage of this Act, no Retail Establishment in the Commonwealth of
193Massachusetts may sell, offer for sale, or otherwise distribute: 1. disposable food service ware
194made from foam polystyrene or solid polystyrene 2. meat trays, fish trays, seafood trays,
195vegetable trays, or egg cartons made in whole or in any part with foam polystyrene or solid
196polystyrene 3. distributing packing materials, including packing peanuts, other loose fill
197packaging and shipping boxes made in whole or in any part with foam polystyrene. 4. coolers,
198ice chests, or similar containers; pool or beach toys; and dock floats, mooring buoys, or anchor
199or navigation markers, which are made in whole or in any part with foam polystyrene that is not
200wholly encapsulated within a more durable material.
201 c. For the purposes of Section 2(b)(3), ‘distributing packing material’ does not include: 1.
202Re-using packing materials for shipping, transport, or storage within the same distribution
203system, where the packing materials are not sent to a customer or end user. 2. Receiving
204shipments within the Commonwealth that include polystyrene foam used as a packing material,
205provided that the goods were not packaged or repackaged within the Commonwealth of
206Massachusetts. 11 of 31
207 Section 3. Exemption
208 a. Nothing in this chapter shall prohibit individuals from using disposable food service
209ware or other items made of polystyrene purchased outside the Commonwealth of Massachusetts
210for personal use. b) Prepared food packaged outside the Commonwealth of Massachusetts is
211exempt from the provisions of this chapter, provided that it is sold or otherwise provided to the
212consumer in the same disposable food service ware in which it was originally packaged, and that
213the prepared food has not been altered or repackaged. c) The Commonwealth of Massachusetts
214Department of Environmental Protection or the Board of Health of the city or town in which the
215food or retail establishment is located may exempt a food establishment or retail establishment
216from any provision of this chapter for a period of up to six months upon written application by
217the owner or operator of that establishment. No exemption will be granted unless the Department
218of Environmental Protection or the Board of Health finds that (1) strict enforcement of the
219provision for which the exemption is sought would cause undue hardship; or (2) the food
220establishment or retail establishment requires additional time in order to draw down an existing
221inventory of a specific item regulated by this chapter. For purposes of this chapter, “undue
222hardship” shall mean a situation unique to a food establishment or retail establishment in which
223there are no reasonable alternatives to the use of materials prohibited by this chapter, and that
224compliance with this chapter would create significant economic hardship for the Establishment
225 Section 4. Enforcement
226 Health Agents of the cities and towns of the Commonwealth of Massachusetts shall also
227have the authority to enforce this chapter. This chapter may be enforced through any lawful
228means in law or in equity, including but not limited to, noncriminal disposition pursuant to G.L. 12 of 31
229c. 40 § 21D. The town or city may enforce this chapter or enjoin violations thereof through any
230lawful process or combination of processes, and the election of one remedy by the town or city
231shall not preclude enforcement through any other lawful means. Violations of this chapter are
232punishable by a fine of up to $500 per violation. Each successive day of noncompliance will
233count as a separate violation.
234 If non-criminal disposition is elected, then any Food or Retail Establishment that violates
235any provision of this chapter shall be subject to the following penalties: (i) first offense: written
236warning;(ii) second offense: $250 penalty, and (iii) third and each subsequent offense: $500
237penalty.
238 Section 5. Regulations
239 The Board of Health may adopt and amend rules and regulations to effectuate the
240purposes of this chapter.
241 Section 6. Interaction with Other Laws
242 In the case of a conflict between the requirements of this chapter and any other federal,
243state or local law concerning the materials regulated herein, the more stringent requirements shall
244apply.
245 Section 7. Severability
246 If any provision of this chapter is declared invalid or unenforceable the other provisions
247shall not be affected thereby.
248 SECTION 3. Reduce Plastic Straws in the Environment 13 of 31
249 The General Laws are hereby amended by inserting after chapter 21Q the following
250chapter:
251 Chapter 21R.
252 Section 1. Definitions. As used in this chapter, the following words shall have the
253following meanings unless the context clearly requires otherwise:
254 “Disability” shall mean a physical, intellectual, or sensory impairment that substantially
255limits one or more major life activities.
256 “Disposable plastic straw, stirrer, or splash stick” shall mean a drinking straw, stirrer, or
257splash stick made predominantly from synthetic polymers and that is not a reusable straw, stirrer,
258or splash stick. A disposable plastic straw, stirrer, or splash stick shall also include items made in
259whole or in part from synthetic polymers that are otherwise classified as ‘compostable’,
260‘biodegradable’, ‘oxodegradable’, or ‘marine degradable’.
261 “Food Establishment” shall mean any operation that serves, vends or otherwise provides
262food or other products to third-parties for consumption and/or use on or off the premises,
263whether or not a fee is charged, but not including the service of food within a home or other
264private setting. Any facility requiring a food permit in accordance with the Massachusetts State
265Food Code, 105 CMR 590.000, et seq. and/or regulations of the Board of Health shall be
266considered a “food establishment” for purposes of this bylaw.
267 “Health Agent” shall mean the Health Agent for the city or town of the facility or his/her
268designee. 14 of 31
269 “Medical Condition” shall mean any illness, disease, or injury that requires medical
270treatment.
271 “Reusable straw, stirrer, or splash stick” shall mean a drinking straw, stirrer, or splash
272stick that is manufactured from durable materials, and is designed to be adequately and
273repeatedly cleaned and sanitized for reuse.
274 “Retail Establishment” shall mean a store or premises engaged in the retail business of
275selling or providing merchandise, goods, groceries, prepared take-out food and beverages for
276consumption off-premises or the serving of an item, directly to customers at such store or
277premises, including, but not limited to, grocery stores, department stores, clothing stores,
278pharmacies, convenience stores, restaurants, coffee shops and seasonal and temporary
279businesses, including farmers markets and public markets; provided, however, that a “retail
280establishment” shall also include a food truck or other motor vehicle, mobile canteen, trailer,
281market pushcart or moveable roadside stand used by a person from which to engage in such
282business directly with customers and business establishments without a storefront, including, but
283not limited to, a business delivering prepared foods or other food items, web-based or catalog
284business or delivery services used by a retail establishment; provided further, that a “retail
285establishment” shall include a non-profit organization, charity or religious institution that has a
286retail establishment and holds itself out to the public as engaging in retail activities that are
287characteristic of similar type commercial retail businesses, whether or not for profit when
288engaging in such activity.
289 Section 2. Regulated Conduct 15 of 31
290 a. One year after passage of this Act, no food establishment in the Commonwealth of
291Massachusetts may provide a disposable plastic straw, stirrer, or splash stick, as such term is
292defined in this chapter, to a customer.
293 b. One year after passage of this Act, no food establishment in the Commonwealth of
294Massachusetts may provide a disposable straw, stirrer, or splash stick that is not a reusable straw,
295stirrer, or splash stick to a customer, except upon that customer’s specific request for such items
296or if the item is selected by a customer from a self-service dispenser.
297 c. One year after passage of this Act, retail establishments in the Commonwealth of
298Massachusetts are prohibited from selling or distributing disposable plastic straws, stirrers, or
299splash sticks to customers unless equivalent non-plastic or reusable straws, stirrers, or splash
300sticks are available for sale and are clearly labeled such that any customer can easily distinguish
301among the disposable plastic, disposable non-plastic, and reusable items.
302 Section 3. Exemptions
303 a. Nothing in this bylaw shall prohibit individuals from bringing and using their own
304personal straws, stirrers, or splash sticks of any type for personal use in a food establishment. b.
305Food establishments may provide a disposable plastic straw, stirrer, or splash stick, upon request,
306to a person in need due to a disability or medical condition. c. The Department of Environmental
307Protections or the Board of Health or health agent of the city or town in which the establishment
308is located may exempt a food establishment or retail establishment from any provision of this
309chapter for a period of up to six months upon written application by the owner or operator of that
310establishment. No exemption will be granted unless the Department or the Board of Health or 16 of 31
311 health agent finds that the establishment requires additional time in order to draw down
312an existing inventory of a specific item regulated by this chapter.
313 Section 4. Enforcement
314 Health Agents shall have the authority to enforce this bylaw. This bylaw may be enforced
315through any lawful means in law or in equity, including but not limited to, noncriminal
316disposition pursuant to G.L. c. 40 § 21D and Article VI of the General Bylaws. The city or town
317may enforce this chapter or enjoin violations thereof through any lawful process or combination
318of processes, and the election of one remedy by the city or town shall not preclude enforcement
319through any other lawful means.
320 Violations of this bylaw are punishable by a fine of up to $300 per violation. Each
321successive day of noncompliance will count as a separate violation.
322 If non-criminal disposition is elected, then any Food Establishment or Retail
323Establishment that violates any provision of this bylaw shall be subject to the following
324penalties: (i) first offense: written warning, (ii) second offense: $50 penalty, and (iii) third and
325each subsequent offense: $300 penalty.
326 Section 5. Regulations
327 The Board of Health may adopt and amend rules and regulations to effectuate the
328purposes of this chapter.
329 Section 6. Interaction with Other Laws 17 of 31
330 In the case of a conflict between the requirements of this chapter and any other federal,
331state or local law concerning the materials regulated herein, the more stringent requirements shall
332apply.
333 Section 7. Severability
334 If any provision of this chapter is declared invalid or unenforceable the other provisions
335shall not be affected thereby.
336 SECTION 4. To Prevent the Release of Helium Balloons into the Environment
337 Chapter 131 of the General Laws, as appearing in the 2016 official edition, is hereby
338amended by adding the following new section:
339 Section 119. The sale, distribution and release of any type of balloon, including, but not
340limited to, plastic or latex, filled with any type of lighter than air gas, both for public or private
341use, is hereby prohibited. Whoever violates any provision of this section shall be punished by a
342fine of not more than one hundred dollars.
343 The provisions of this section shall not apply to (i) balloons released by or on behalf of
344any agency of the commonwealth or the United States for scientific or meteorological purposes,
345or (ii) hot air balloons that are recovered after launch.
346 SECTION 5. To Prevent the Release of Nips into the Environment
347 One year after passage of this Act, the sale of alcoholic beverages in containers less than
348or equal to 100 milliliters is prohibited within the Commonwealth of Massachusetts.
349 SECTION 6. To Prevent the Release of Wipes Containing Plastic into the Environment 18 of 31
350 Section 1. For purposes of this section, the following definition shall apply:
351 “Plastic Wipe”, a nonwoven disposable product manufactured and sold in this state or
352brought into the state for sale that is constructed from plastic resin (including, but not limited to,
353polyester and polypropylene) nonwoven sheets, including moist toilet tissue or cloth, that is
354designed, marketed to or commonly used by the general public for personal hygiene or cleaning
355purposes, including, but not limited to, diaper wipes, toilet wipes, household cleaning wipes,
356personal care wipes and facial wipes.
357 Section 2. No retailer shall sell or distribute plastic wet wipes other than those used for
358medical applications.
359 Section 3. This law shall not affect prescription products.
360 SECTION 7. To Prevent the Release of Hotel Toiletry Bottles into the Environment
361 Section 1. (a) For purposes of this section, the following definitions shall apply:
362 (1) “Hosted rental” means a house, apartment, or other livable space where the person
363providing sleeping accommodations is a permanent resident who lives on the premises.
364 (2) “Lodging establishment” means an establishment that contains one or more sleeping
365room accommodations that are rented or otherwise provided to the public, including, but not
366limited to, a hotel, motel, resort, bed and breakfast inn, or vacation rental. “Lodging
367establishment” does not include a hospital, nursing home, residential retirement community,
368prison, jail, homeless shelter, boarding school, worker housing, long-term rental, or hosted
369rental. 19 of 31
370 (3) “Personal care product” means a product intended to be applied to or used on the
371human body in the shower, bath, or any part thereof and shall include only shampoo, hair
372conditioner, and bath soap.
373 (4) “Plastic” means any synthetic material made from organic polymers, such as
374polyethylene, polyvinyl chloride (PVC), or nylon, that can be molded into shape while soft and
375then set into a rigid or slightly elastic form. “Plastic” includes all materials identified with resin
376codes 1 to 7, inclusive.
377 (5) “Small plastic bottle” means a plastic bottle or container with less than a 6-ounce
378capacity that is intended to be nonreusable by the end user.
379 (b) Commencing one year from the passage of this act for lodging establishments with
380more than 50 rooms, and two years from the passage of this act for lodging establishments with
38150 rooms or less, a lodging establishment shall not provide a small plastic bottle containing a
382personal care product to a person staying in a sleeping room accommodation, in any space within
383the sleeping room accommodation, or within bathrooms shared by the public or guests.
384 (c) A lodging establishment is encouraged to use bulk dispensers of personal care
385products to reduce plastic waste and lower operating costs, mindful of the health and safety of a
386person.
387 (d) A lodging establishment may provide personal care products in small plastic bottles to
388a person at no cost, upon request, at a place other than a sleeping room accommodation, a space
389within the sleeping room accommodation, or within bathrooms shared by the public or guests. 20 of 31
390 (e) A local agency with authority to inspect sleeping accommodations in a lodging
391establishment may issue a citation for a violation of subdivision (b). Upon a first violation, the
392local Board of Health shall issue a written warning, which shall recite the violation and advise
393that subsequent violations may result in citations. Upon a second or subsequent violation, the
394local agency may impose a penalty of five hundred dollars ($500) for each day the lodging
395establishment is in violation, but not to exceed two thousand dollars ($2,000) annually.
396 (f) A lodging establishment in violation of subdivision (b) is liable for a civil penalty of
397five hundred dollars ($500) for the first violation and two thousand dollars ($2,000) for a second
398or subsequent violation.
399 (g) (1) On and after one year from the passage of this act, a city, county, or city and
400county shall not pass or enforce an ordinance, resolution, regulation, or rule relating to personal
401care products in plastic bottles provided at lodging establishments, except as provided in
402paragraph (2).
403 Section 2. A city, county, or city and county that, before the passage of this act, passed an
404ordinance, resolution, regulation, or rule relating to personal care products in plastic bottles
405provided at lodging establishments may enforce that ordinance, resolution, regulation, or rule, if
406it is at least as stringent as, and not in conflict with, this section.
407 SECTION 8. To Prevent the Release of Plastic Water Bottles Into the Environment
408 Section 1. (a) For purposes of this section, the following definitions shall apply:
409 "Single-serve plastic container" means a container with a volume of 1 litter or less made
410in whole or in part of plastic resin codes 1 through 6 (excluding the label or cap). 21 of 31
411 "Bottled Water" means non-sparkling, unflavored drinking water.
412 Section 2. Restrictions
413 No retailer shall sell or distribute any bottled water in a single-serve plastic container
414other than nutritive drinks, tea, coffee, or unflavored carbonated water.
415 Section 3. Exclusions
416 Sales or distribution of drinking water in plastic bottles occurring subsequent to a
417declaration by a duly authorized Town, state or Federal official of an emergency affecting the
418availability and/or quality of drinking water to residents of the Town shall be exempt from this
419bylaw until seven days after the declaration has ended.
420 Section 4. Effective Date
421 The provisions of this law shall take effect one year after passage of this Act.
422 SECTION 9. To Prevent the Release of Black Plastic into the Environment
423 The General Laws are hereby amended by inserting after chapter 21R the following
424chapter:
425 Chapter 21S.
426 Section 1. Definitions. As used in this chapter, the following words shall have the
427following meanings unless the context clearly requires otherwise:
428 “Disposable Food Service Ware” shall mean single-use or disposable products for
429heating, storing, packaging, serving, consuming, or transporting prepared or ready-to-consume 22 of 31
430food or beverages including, but not limited to, bowls, plates, trays, cartons, cups, lids, hinged or
431lidded containers, spoons, forks and knives. This includes any containers used by food
432establishments to heat, cook, or store food or beverages prior to serving, regardless of whether
433such containers are used to serve such food or beverages. Disposable Food Service Ware also
434includes any such implements sold by Retail Establishments to consumers for personal use.
435 “Black Plastic” shall mean any plastic with any plastic resin codes #1-#7.
436 “Food Establishment” shall mean any operation that serves, vends or otherwise provides
437food or other products to third-parties for consumption and/or use on or off the premises,
438whether or not a fee is charged, but not including the service of food within a home or other
439private setting. Any facility requiring a food permit in accordance with the Massachusetts State
440Food Code, 105 CMR 590.000, et seq. and/or regulations of the Board of Health shall be
441considered a “food establishment” for purposes of this bylaw.
442 “Health Agent” shall mean the Health Agent for the city or town of the facility or his/her
443designee.
444 “Prepared Food” shall mean food or beverages, which are serviced, packaged, cooked,
445chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared (collectively
446“prepared”) for individual customers or consumers. Prepared Food does not include raw eggs or
447raw, butchered meats, fish, seafood, and/or poultry.
448 “Retail Establishment” shall mean a store or premises engaged in the retail business of
449selling or providing merchandise, goods, groceries, prepared take-out food and beverages for
450consumption off-premises or the serving of an item directly to customers at such store or
451premises, including, but not limited to, grocery stores, department stores, pharmacies, 23 of 31
452 convenience stores, restaurants, coffee shops and seasonal and temporary businesses,
453including farmers markets and public markets; provided, however, that a “retail establishment”
454shall also include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or
455moveable roadside stand used by a person from which to engage in such business directly with
456customers and business establishments without a storefront, including, but not limited to, a
457business delivering prepared foods or other food items, web-based or catalog business or
458delivery services used by a retail establishment; provided further, that a “retail establishment”
459shall include a non-profit organization, charity or religious institution that has a retail
460establishment and holds itself out to the public as engaging in retail activities that are
461characteristic of similar type commercial retail businesses, whether or not for profit when
462engaging in such activity.
463 Section 2. Regulated Conduct
464 a. One year after passage of this Act, no Food Establishment in the Commonwealth of
465Massachusetts may use, sell, offer for sale, or otherwise distribute disposable food service ware
466made from black plastic.
467 b. One year after passage of this Act, no Retail Establishment in the Commonwealth of
468Massachusetts may sell, offer for sale, or otherwise distribute: 1. disposable food service ware
469made from black plastic. 2. meat trays, fish trays, seafood trays, vegetable trays, or egg cartons
470made in whole or in any part with black plastic.
471 Section 3. Exemption
472 a) Nothing in this chapter shall prohibit individuals from using disposable food service
473ware or other items made of black plastic purchased outside the Commonwealth of 24 of 31
474Massachusetts for personal use. b) Prepared food packaged outside the Commonwealth of
475Massachusetts is exempt from the provisions of this chapter, provided that it is sold or otherwise
476provided to the consumer in the same disposable food service ware in which it was originally
477packaged, and that the prepared food has not been altered or repackaged. c) The Commonwealth
478of Massachusetts Department of Environmental Protection or the Board of Health of the city or
479town in which the food or retail establishment is located may exempt a food establishment or
480retail establishment from any provision of this chapter for a period of up to six months upon
481written application by the owner or operator of that establishment. No exemption will be granted
482unless the Department of Environmental Protection or the Board of Health finds that (1) strict
483enforcement of the provision for which the exemption is sought would cause undue hardship; or
484(2) the food establishment or retail establishment requires additional time in order to draw down
485an existing inventory of a specific item regulated by this chapter. For purposes of this chapter,
486“undue hardship” shall mean a situation unique to a food establishment or retail establishment in
487which there are no reasonable alternatives to the use of materials prohibited by this chapter, and
488that compliance with this chapter would create significant economic hardship for the
489Establishment.
490 Section 4. Enforcement
491 Health Agents of the cities and towns of the Commonwealth of Massachusetts shall also
492have the authority to enforce this chapter. This chapter may be enforced through any lawful
493means in law or in equity, including but not limited to, noncriminal disposition pursuant to G.L.
494c. 40 § 21D and Article VI of the General Bylaws. The town or city may enforce this chapter or
495enjoin violations thereof through any lawful process or combination of processes, and the 25 of 31
496election of one remedy by the town or city shall not preclude enforcement through any other
497lawful means.
498 Violations of this chapter are punishable by a fine of up to $300 per violation. Each
499successive day of noncompliance will count as a separate violation.
500 If non-criminal disposition is elected, then any Food or Retail Establishment that violates
501any provision of this chapter shall be subject to the following penalties:
502 First Offense: written warning
503 Second Offense: $50 penalty
504 Third and each subsequent offense: $300 penalty
505 Section 5. Regulations
506 The Board of Health may adopt and amend rules and regulations to effectuate the
507purposes of this chapter.
508 Section 6. Interaction with Other Laws
509 In the case of a conflict between the requirements of this chapter and any other federal,
510state or local law concerning the materials regulated herein, the more stringent requirements shall
511apply.
512 Section 7. Severability
513 If any provision of this chapter is declared invalid or unenforceable the other provisions
514shall not be affected thereby. 26 of 31
515 SECTION 10. To Support Our Restaurants
516 Section 1. For purposes of this chapter, the following terms have the following
517definitions:
518 (a) “Disposable”, means designed to be discarded after a single or limited number of uses
519and not designed or manufactured for long-term multiple reuse.
520 (b) “Food service ware accessories”, include food service ware such as straws, stirrers,
521cup spill plugs, cup sleeves, condiments and condiment packets, utensils (including chopsticks),
522cocktail sticks/picks, toothpicks, napkins, and other similar accessory or accompanying food
523service ware used as part of food or beverage service or packaging. Detachable lids for beverage
524cups and food containers are not considered a food service ware accessory.
525 (c) “Food facility”, means an operation that stores, prepares, packages, serves, vends, or
526otherwise provides food to the public for human consumption.
527 (d) “Takeout food”, means prepared food requiring no further preparation, which is
528purchased to be consumed off a prepared food facility’s premises. Takeout food includes
529prepared food delivered by a food facility or by a third-party takeout food delivery service.
530 (e) “Takeout food delivery service”, is a service that delivers takeout food from a food
531facility to a customer for consumption off the premises. This service can be provided directly by
532the food facility or by a third party.
533 Section 2.
534 (a) No food facility shall provide any disposable food service ware accessories except: 27 of 31
535 1. Upon request by the consumer;
536 2. Upon acceptance by the consumer after being offered by the food facility; or
537 3. At a self-serve area and/or a dispenser.
538 (b) Food facilities shall only distribute disposable food service ware if they charge the
539customer what that food ware cost the food facility, or a dollar, whichever is greater.
540 (c) Takeout food delivery services that utilize digital ordering/point of sale platforms,
541including but not limited to the internet and smartphones, shall only offer disposable food service
542ware accessories by providing clear options for customers to affirmatively request these items
543separate from orders for food and beverages. The default option on the digital ordering/point of
544sale platforms shall be that no disposable food service ware accessories are requested. Each
545individual disposable food service ware accessory (e.g., each fork, knife, condiment packet,
546napkin, etc.) provided with prepared food must be specifically requested by the customer in order
547for a food facility to provide it.
548 (d) Takeout food delivery services shall only distribute disposable food service ware if
549they charge the customer what that food ware cost the food facility, or a dollar, whichever is
550greater.
551 SECTION 11. The General Laws are hereby amended by inserting after chapter 21O the
552following chapter:
553 CHAPTER 21P.
554 IMPROVED PLASTIC BOTTLES AND INCREASED RECYCLING 28 of 31
555 Section 1. Definitions. As used in this chapter, the following words shall have the
556following meanings unless the context clearly requires otherwise:
557 (a) “Beverage”, any of the following products prepared for immediate consumption and
558sold in a single-use container: beer and malt beverages; wine distilled spirit coolers; carbonated
559water and soda; noncarbonated water; carbonated soft drinks; noncarbonated soft drinks and
560‘soft’ drinks; non-carbonated fruit drinks that contain any percentage of fruit juice and vegetable
561juice; coffee and tea drinks; carbonated fruit drinks; vegetable and fruit juice, sports drinks,
562fermented non-alcoholic drinks;
563 (b) “Beverage cap”, a cap on any plastic beverage container that is made wholly or in
564large part from plastic;
565 (c) “Plastic beverage container”, an individual, separate bottle, can, jar, carton, or other
566receptacle, however denominated, in which one liter or less of a beverage is sold, and that is
567constructed of plastic. “Beverage container” does not include a cup or other similar container
568open or loosely sealed receptacle;
569 (d) “The Department” means the Department of Environmental Protection for the
570Commonwealth of Massachusetts;
571 (e) “Plastic”, an organic or petroleum derivative synthetic or a semisynthetic organic
572solid that is moldable, and to which additives or other substances may have been added, with the
573exception of natural polymers that have not been chemically modified;
574 (f) “Product manufacturer” means any person, partnership, association, corporation or
575any other entity that, through its own action or through contract or control, is primarily 29 of 31
576responsible for causing a product to be produced that is held inside of a rigid plastic packaging
577container and sold or offered for sale in Massachusetts.
578 i. The Department shall consider the following factors in identifying a product
579manufacturer: (1) the ownership of the brand name of the product in the beverage container; (2)
580primary control or influence over the design of the product in the beverage container; (3) primary
581control or influence over the design specifications of the beverage container;
582 ii. Any entity that has a legally recognized corporate relationship (i.e. parent/subsidiary or
583affiliate relationship) with a product manufacturer shall be allowed to assume the responsibilities
584of the product manufacturer as they relate to the requirements of this Act.
585 (h) “Retailer” means a person who sells a beverage in a beverage container to a
586consumer;
587 (i) “Single use”, means intended for disposal after one use and used for serving or
588transporting a prepared, ready-to-consume product, and is not intended for multiple trips or
589rotations by being returned to the producer for refill or reused for the same purpose for which it
590was conceived.
591 Section 2. Prohibition
592 (a) On and after January 1, 2024, a retailer shall not sell or offer for sale, in the state, a
593single-use beverage container with a beverage cap, unless the container meets one of the
594following conditions: (i) the beverage cap is tethered to the container in a manner that prevents
595the separation of the cap from the container when the cap is removed from the container; (ii) The 30 of 31
596beverage cap includes an opening from which the beverage can be consumed while the cap is
597screwed onto or otherwise contiguously affixed to the container;
598 (b) Metal caps or lids with plastic seals shall not be considered to be made from plastic.
599Glass and metal beverage containers that have caps and lids made from plastic shall not be
600included in this act;
601 SECTION 12. Requirements for the Removal of Toxic Substances in Beverage
602Containers, Food Ware, and Food Ware Accessories
603 (1) Definitions:
604 (a) “Beverage container”, means a prepackaged container designed to hold a beverage
605that is made of any material, including glass, plastic, and metal, cartons, pouches, and aseptic
606packaging.
607 (b) “Food ware accessories”, include food serviceware such as straws, stirrers, cup spill
608plugs, cup sleeves, condiments and condiment packets, utensils (including chopsticks), cocktail
609sticks/picks, toothpicks, napkins, and other similar accessory or accompanying food service ware
610used as part of food or beverage service or packaging.
611 (c) “Food ware”. means any single use or reusable containers that food is served in or
612sold in.
613 (d) “Food packaging” means any packaging that comes into direct contact with food that
614will eventually be consumed by human beings or animals. 31 of 31
615 (2) Beginning two years after adoption of this bill, no person or entity may sell, offer for
616sale, or distributed into the state any beverage container, food ware accessories, food ware, or
617food packaging containing the following toxic substances:
618 (a) Ortho-phthalates, (b) Bisphenols, (c) Per- and polyfluoroalkyl substances (PFAS), (d)
619Lead and lead compounds, (e) Hexavalent chromium and compounds, (f) Cadmium and
620cadmium compounds, (g) Mercury and mercury compounds, (h) Benzophenone and its
621derivatives, (i) Halogenated flame retardants, (j) Perchlorate, (k) Formaldehyde, (l) Toluene, (m)
622Antimony and compounds, and (n) UV 328 (2-(2H-benzotriazol-2-yl)-4,6-di-tert-pentylphenol).
623 (3) Beginning two years after the Start Date, no person or entity shall sell, offer for sale,
624or distribute for use in this state any Beverage Container containing (a) polyvinyl chloride, (b)
625polystyrene, or (c) polycarbonate.
626 (4) Beginning three years after the start date, and every three years thereafter, the
627Department of Environmental Protection shall designate at least ten additional toxic substances
628or families of toxic substances that may no longer be used in Beverage Containers unless the
629Department of Environmental Protection determines there are not ten toxic substances of
630families of toxic substances that are required to be banned from use in beverage containers.
631 (5) Any producer that violates this section shall be subject to a fine for each violation not
632to exceed fifty thousand dollars per violation. For the purposes of this section, each product line
633that is sold, offered for sale, or distributed to consumers, via retail commerce, in the state,
634including through an internet transaction violation shall be considered a violation.
635 SECTION 13. The provisions of this bill shall take effect one year after passage unless
636otherwise specified.