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HOUSE DOCKET, NO. 3831 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 933
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Mindy Domb
_________________
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 relative to plastic bag reduction.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Mindy Domb3rd Hampshire1/17/2025 1 of 7
HOUSE DOCKET, NO. 3831 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 933
By Representative Domb of Amherst, a petition (accompanied by bill, House, No. 933) of Mindy
Domb relative to plastic bag reduction. Environment and Natural Resources.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to plastic bag reduction.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Title II of the General Laws is hereby amended by inserting after chapter 21O the
2following 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 7
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 7
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 7
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 7
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 7
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 7
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.