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SENATE DOCKET, NO. 1550 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 1477
The Commonwealth of Massachusetts
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PRESENTED BY:
Michael J. Barrett
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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 restrict the use of polystyrene.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Michael J. BarrettThird MiddlesexJoanne M. ComerfordHampshire, Franklin and Worcester2/6/2025James B. EldridgeMiddlesex and Worcester2/10/2025 1 of 3
SENATE DOCKET, NO. 1550 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 1477
By Mr. Barrett, a petition (accompanied by bill, Senate, No. 1477) of Michael J. Barrett, Joanne
M. Comerford and James B. Eldridge for legislation to restrict the use of polystyrene. Public
Health.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1328 OF 2023-2024.]
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 to restrict the use of polystyrene.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 111 of the General Laws, as appearing in the 2022 Official Edition, is hereby
2amended by inserting after section 5S, the following section:-
3 Section 5T. (a) For the purposes of this section, the following terms shall have the
4following meanings unless the context clearly requires otherwise:
5 “Disposable Food Container”, a single-use disposable product used in a food service
6establishment for serving, transporting or packaging prepared, ready-to-consume or uncooked
7food or beverages. 2 of 3
8 “Food Establishment”, a business that stores, prepares, packages, serves, vends or
9otherwise provides food for human consumption, including but not limited to, any establishment
10requiring a permit to operate in accordance with the State Food Code.
11 “Polystyrene”, a synthetic resin which is a polymer of styrene, used chiefly as lightweight
12rigid foams and solid containers.
13 “Prepared Food”, food or beverage for consumption on the premises of a food
14establishment, using any cooking or food preparation technique. This does not include any raw
15uncooked meat, fish or eggs unless provided for consumption without further food preparation.
16 “Retail Establishment”, a commercial business facility that sells goods directly to the
17consumer, including but not limited to, grocery stores, pharmacies, liquor stores, convenience
18stores, restaurants, retail stores and vendors selling clothing, food and personal items.
19 (b) Except as provided herein, on or after August 1, 2027, food establishments shall be
20prohibited from dispensing food to customers in disposable food service containers made from
21polystyrene.
22 (c) Except as provided herein, on and after August 1, 2027, retail establishments shall be
23prohibited from selling or distributing disposable food containers made of polystyrene to
24customers.
25 (d) A food establishment may apply to the health department of the town or city in which
26it operates, showing that the conditions of this provision would cause undue hardship. The local
27health department or its designee may defer application of this provision for a food establishment
28for a one year period. An undue hardship shall mean a situation unique to the food establishment 3 of 3
29where there are no reasonable alternatives to the use of polystyrene disposable food service
30containers and compliance with this provision would cause significant economic hardship to that
31food establishment.
32 (e) The commissioner shall promulgate regulations for the enforcement of this section.
33Regulations promulgated under this section shall include fines, not to exceed 1,000 dollars, for
34any single violation of subsections (b) and (c).