1 of 1
SENATE DOCKET, NO. 2373 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 629
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Jason M. Lewis
_________________
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 polystyrene in the environment.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Jason M. LewisFifth MiddlesexJoanne M. ComerfordHampshire, Franklin and Worcester1/23/2025 1 of 6
SENATE DOCKET, NO. 2373 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 629
By Mr. Lewis, a petition (accompanied by bill, Senate, No. 629) of Jason M. Lewis and Joanne
M. Comerford for legislation to reduce the use of polystyrene, opting for reusable alternatives to
protect 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 polystyrene 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 The General Laws are hereby amended by inserting after chapter 21O the following
2chapter:-
3 Chapter 21P.
4 Section 1. Definitions.
5 As used in this chapter, the following words shall have the following meanings unless the
6context clearly requires otherwise:
7 “Disposable Food Service Ware” shall mean single-use or disposable products for
8heating, storing, packaging, serving, consuming, or transporting prepared or ready-to-consume
9food or beverages including, but not limited to, bowls, plates, trays, cartons, cups, lids, hinged or
10lidded containers, spoons, forks and knives. This includes any containers used by food
11establishments to heat, cook, or store food or beverages prior to serving, regardless of whether 2 of 6
12such containers are used to serve such food or beverages. Disposable Food Service Ware also
13includes any such implements sold by Retail Establishments to consumers for personal use.
14 “Foam Polystyrene” shall mean polystyrene in the form of a foam or expanded material,
15processed by any number of techniques including, but not limited to, fusion of polymer spheres
16(expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding
17(extruded foam polystyrene).
18 “Food Establishment” shall mean any operation that serves, vends or otherwise provides
19food or other products to third-parties for consumption and/or use on or off the premises,
20whether or not a fee is charged, but not including the service of food within a home or other
21private setting. Any facility requiring a food permit in accordance with the Massachusetts State
22Food Code, 105 CMR 590.000, et seq. and/or regulations of the Board of Health shall be
23considered a “food establishment” for purposes of this chapter.
24 “Health Agent” shall mean the Health Agent for the city or town of the facility, or his/her
25designee.
26 “Packing Material” shall mean material used to hold, cushion, or protect items packed in
27a container for shipping transport or storage.
28 “Prepared Food” shall mean food or beverages, which are serviced, packaged, cooked,
29chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared (collectively
30“prepared”) for individual customers or consumers. Prepared Food does not include raw eggs or
31raw, butchered meats, fish, seafood, and/or poultry. 3 of 6
32 “Polystyrene” shall mean a synthetic polymer produced by polymerization of styrene
33monomer. Polystyrene includes both “Foam Polystyrene” and “Solid Polystyrene” as defined in
34this chapter. The International Resin Identification Code assigned to polystyrene materials is “6”.
35Polystyrene items may be identified by a "6" or "PS," either alone or in combination with other
36letters. The regulations and prohibitions relating to polystyrene in this law are intended to apply
37regardless of the presence or absence of an International Resin Identification Code or other
38identifying marks on the item.
39 “Retail Establishment” shall mean a store or premises engaged in the retail business of
40selling or providing merchandise, goods, groceries, prepared take-out food and beverages for
41consumption off-premises or the serving of an item directly to customers at such store or
42premises, including, but not limited to, grocery stores, department stores, pharmacies,
43convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including
44farmers markets and public markets; provided, however, that a “retail establishment” shall also
45include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable
46roadside stand used by a person from which to engage in such business directly with customers
47and business establishments without a storefront, including, but not limited to, a business
48delivering prepared foods or other food items, web-based or catalog business or delivery services
49used by a retail establishment; provided further, that a “retail establishment” shall include a non-
50profit organization, charity or religious institution that has a retail establishment and holds itself
51out to the public as engaging in retail activities that are characteristic of similar type commercial
52retail businesses, whether or not for profit when engaging in such activity. 4 of 6
53 “Solid Polystyrene” shall mean polystyrene, including clear (oriented) polystyrene,
54produced in a rigid form with minimal incorporation of air or other gas. Solid polystyrene is also
55referred to as ‘rigid polystyrene’.
56 Section 2. Regulated Conduct
57 (a) One year after passage of this Act, no Food Establishment in the Commonwealth of
58Massachusetts may use, sell, offer for sale, or otherwise distribute disposable food service ware
59made from foam polystyrene or solid polystyrene.
60 (b) One year after passage of this Act, no Retail Establishment in the Commonwealth of
61Massachusetts may sell, offer for sale, or otherwise distribute: 1. disposable food service ware
62made from foam polystyrene or solid polystyrene 2. meat trays, fish trays, seafood trays,
63vegetable trays, or egg cartons made in whole or in any part with foam polystyrene or solid
64polystyrene 3. distributing packing materials, including packing peanuts, other loose fill
65packaging and shipping boxes made in whole or in any part with foam polystyrene. 4. coolers,
66ice chests, or similar containers; pool or beach toys; and dock floats, mooring buoys, or anchor
67or navigation markers, which are made in whole or in any part with foam polystyrene that is not
68wholly encapsulated within a more durable material.
69 (c) For the purposes of Section 2(b)(3), ‘distributing packing material’ does not include:
701. Re-using packing materials for shipping, transport, or storage within the same distribution
71system, where the packing materials are not sent to a customer or end user. 2. Receiving
72shipments within the Commonwealth that include polystyrene foam used as a packing material,
73provided that the goods were not packaged or repackaged within the Commonwealth of
74Massachusetts. 5 of 6
75 Section 3. Exemption
76 (a) Nothing in this chapter shall prohibit individuals from using disposable food service
77ware or other items made of polystyrene purchased outside the Commonwealth of Massachusetts
78for personal use.
79 (b) Prepared food packaged outside the Commonwealth of Massachusetts is exempt from
80the provisions of this chapter, provided that it is sold or otherwise provided to the consumer in
81the same disposable food service ware in which it was originally packaged, and that the prepared
82food has not been altered or repackaged.
83 (c) The Commonwealth of Massachusetts Department of Environmental Protection or the
84Board of Health of the city or town in which the food or retail establishment is located may
85exempt a food establishment or retail establishment from any provision of this chapter for a
86period of up to six months upon written application by the owner or operator of that
87establishment. No exemption will be granted unless the Department of Environmental Protection
88or the Board of Health finds that (1) strict enforcement of the provision for which the exemption
89is sought would cause undue hardship; or (2) the food establishment or retail establishment
90requires additional time in order to draw down an existing inventory of a specific item regulated
91by this chapter. For purposes of this chapter, “undue hardship” shall mean a situation unique to a
92food establishment or retail establishment in which there are no reasonable alternatives to the use
93of materials prohibited by this chapter, and that compliance with this chapter would create
94significant economic hardship for the Establishment
95 Section 4. Enforcement 6 of 6
96 Health Agents of the cities and towns of the Commonwealth of Massachusetts shall also
97have the authority to enforce this chapter. This chapter may be enforced through any lawful
98means in law or in equity, including but not limited to, noncriminal disposition pursuant to G.L.
99c. 40 § 21D. The town or city may enforce this chapter or enjoin violations thereof through any
100lawful process or combination of processes, and the election of one remedy by the town or city
101shall not preclude enforcement through any other lawful means.
102 Violations of this chapter are punishable by a fine of up to $500 per violation. Each
103successive day of noncompliance will count as a separate violation.
104 If non-criminal disposition is elected, then any Food or Retail Establishment that violates
105any provision of this chapter shall be subject to the following penalties: (i) first offense: written
106warning;(ii) second offense: $250 penalty, and (iii) third and each subsequent offense: $500
107penalty.
108 Section 5. Regulations
109 The Board of Health may adopt and amend rules and regulations to effectuate the
110purposes of this chapter.
111 Section 6. Interaction with Other Laws
112 In the case of a conflict between the requirements of this chapter and any other federal,
113state or local law concerning the materials regulated herein, the more stringent requirements shall
114apply.