Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S629 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 2373 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 629
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jason M. Lewis
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 polystyrene in the environment.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Jason M. LewisFifth MiddlesexJoanne M. ComerfordHampshire, Franklin and Worcester1/23/2025 1 of 6
16	16	SENATE DOCKET, NO. 2373 FILED ON: 1/17/2025
17	17	SENATE . . . . . . . . . . . . . . No. 629
18	18	By Mr. Lewis, a petition (accompanied by bill, Senate, No. 629) of Jason M. Lewis and Joanne
19	19	M. Comerford for legislation to reduce the use of polystyrene, opting for reusable alternatives to
20	20	protect the environment. 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 polystyrene 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 The General Laws are hereby amended by inserting after chapter 21O the following
30	30	2chapter:-
31	31	3 Chapter 21P.
32	32	4 Section 1. Definitions.
33	33	5 As used in this chapter, the following words shall have the following meanings unless the
34	34	6context clearly requires otherwise:
35	35	7 “Disposable Food Service Ware” shall mean single-use or disposable products for
36	36	8heating, storing, packaging, serving, consuming, or transporting prepared or ready-to-consume
37	37	9food or beverages including, but not limited to, bowls, plates, trays, cartons, cups, lids, hinged or
38	38	10lidded containers, spoons, forks and knives. This includes any containers used by food
39	39	11establishments to heat, cook, or store food or beverages prior to serving, regardless of whether 2 of 6
40	40	12such containers are used to serve such food or beverages. Disposable Food Service Ware also
41	41	13includes any such implements sold by Retail Establishments to consumers for personal use.
42	42	14 “Foam Polystyrene” shall mean polystyrene in the form of a foam or expanded material,
43	43	15processed by any number of techniques including, but not limited to, fusion of polymer spheres
44	44	16(expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding
45	45	17(extruded foam polystyrene).
46	46	18 “Food Establishment” shall mean any operation that serves, vends or otherwise provides
47	47	19food or other products to third-parties for consumption and/or use on or off the premises,
48	48	20whether or not a fee is charged, but not including the service of food within a home or other
49	49	21private setting. Any facility requiring a food permit in accordance with the Massachusetts State
50	50	22Food Code, 105 CMR 590.000, et seq. and/or regulations of the Board of Health shall be
51	51	23considered a “food establishment” for purposes of this chapter.
52	52	24 “Health Agent” shall mean the Health Agent for the city or town of the facility, or his/her
53	53	25designee.
54	54	26 “Packing Material” shall mean material used to hold, cushion, or protect items packed in
55	55	27a container for shipping transport or storage.
56	56	28 “Prepared Food” shall mean food or beverages, which are serviced, packaged, cooked,
57	57	29chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared (collectively
58	58	30“prepared”) for individual customers or consumers. Prepared Food does not include raw eggs or
59	59	31raw, butchered meats, fish, seafood, and/or poultry. 3 of 6
60	60	32 “Polystyrene” shall mean a synthetic polymer produced by polymerization of styrene
61	61	33monomer. Polystyrene includes both “Foam Polystyrene” and “Solid Polystyrene” as defined in
62	62	34this chapter. The International Resin Identification Code assigned to polystyrene materials is “6”.
63	63	35Polystyrene items may be identified by a "6" or "PS," either alone or in combination with other
64	64	36letters. The regulations and prohibitions relating to polystyrene in this law are intended to apply
65	65	37regardless of the presence or absence of an International Resin Identification Code or other
66	66	38identifying marks on the item.
67	67	39 “Retail Establishment” shall mean a store or premises engaged in the retail business of
68	68	40selling or providing merchandise, goods, groceries, prepared take-out food and beverages for
69	69	41consumption off-premises or the serving of an item directly to customers at such store or
70	70	42premises, including, but not limited to, grocery stores, department stores, pharmacies,
71	71	43convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including
72	72	44farmers markets and public markets; provided, however, that a “retail establishment” shall also
73	73	45include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable
74	74	46roadside stand used by a person from which to engage in such business directly with customers
75	75	47and business establishments without a storefront, including, but not limited to, a business
76	76	48delivering prepared foods or other food items, web-based or catalog business or delivery services
77	77	49used by a retail establishment; provided further, that a “retail establishment” shall include a non-
78	78	50profit organization, charity or religious institution that has a retail establishment and holds itself
79	79	51out to the public as engaging in retail activities that are characteristic of similar type commercial
80	80	52retail businesses, whether or not for profit when engaging in such activity. 4 of 6
81	81	53 “Solid Polystyrene” shall mean polystyrene, including clear (oriented) polystyrene,
82	82	54produced in a rigid form with minimal incorporation of air or other gas. Solid polystyrene is also
83	83	55referred to as ‘rigid polystyrene’.
84	84	56 Section 2. Regulated Conduct
85	85	57 (a) One year after passage of this Act, no Food Establishment in the Commonwealth of
86	86	58Massachusetts may use, sell, offer for sale, or otherwise distribute disposable food service ware
87	87	59made from foam polystyrene or solid polystyrene.
88	88	60 (b) One year after passage of this Act, no Retail Establishment in the Commonwealth of
89	89	61Massachusetts may sell, offer for sale, or otherwise distribute: 1. disposable food service ware
90	90	62made from foam polystyrene or solid polystyrene 2. meat trays, fish trays, seafood trays,
91	91	63vegetable trays, or egg cartons made in whole or in any part with foam polystyrene or solid
92	92	64polystyrene 3. distributing packing materials, including packing peanuts, other loose fill
93	93	65packaging and shipping boxes made in whole or in any part with foam polystyrene. 4. coolers,
94	94	66ice chests, or similar containers; pool or beach toys; and dock floats, mooring buoys, or anchor
95	95	67or navigation markers, which are made in whole or in any part with foam polystyrene that is not
96	96	68wholly encapsulated within a more durable material.
97	97	69 (c) For the purposes of Section 2(b)(3), ‘distributing packing material’ does not include:
98	98	701. Re-using packing materials for shipping, transport, or storage within the same distribution
99	99	71system, where the packing materials are not sent to a customer or end user. 2. Receiving
100	100	72shipments within the Commonwealth that include polystyrene foam used as a packing material,
101	101	73provided that the goods were not packaged or repackaged within the Commonwealth of
102	102	74Massachusetts. 5 of 6
103	103	75 Section 3. Exemption
104	104	76 (a) Nothing in this chapter shall prohibit individuals from using disposable food service
105	105	77ware or other items made of polystyrene purchased outside the Commonwealth of Massachusetts
106	106	78for personal use.
107	107	79 (b) Prepared food packaged outside the Commonwealth of Massachusetts is exempt from
108	108	80the provisions of this chapter, provided that it is sold or otherwise provided to the consumer in
109	109	81the same disposable food service ware in which it was originally packaged, and that the prepared
110	110	82food has not been altered or repackaged.
111	111	83 (c) The Commonwealth of Massachusetts Department of Environmental Protection or the
112	112	84Board of Health of the city or town in which the food or retail establishment is located may
113	113	85exempt a food establishment or retail establishment from any provision of this chapter for a
114	114	86period of up to six months upon written application by the owner or operator of that
115	115	87establishment. No exemption will be granted unless the Department of Environmental Protection
116	116	88or the Board of Health finds that (1) strict enforcement of the provision for which the exemption
117	117	89is sought would cause undue hardship; or (2) the food establishment or retail establishment
118	118	90requires additional time in order to draw down an existing inventory of a specific item regulated
119	119	91by this chapter. For purposes of this chapter, “undue hardship” shall mean a situation unique to a
120	120	92food establishment or retail establishment in which there are no reasonable alternatives to the use
121	121	93of materials prohibited by this chapter, and that compliance with this chapter would create
122	122	94significant economic hardship for the Establishment
123	123	95 Section 4. Enforcement 6 of 6
124	124	96 Health Agents of the cities and towns of the Commonwealth of Massachusetts shall also
125	125	97have the authority to enforce this chapter. This chapter may be enforced through any lawful
126	126	98means in law or in equity, including but not limited to, noncriminal disposition pursuant to G.L.
127	127	99c. 40 § 21D. The town or city may enforce this chapter or enjoin violations thereof through any
128	128	100lawful process or combination of processes, and the election of one remedy by the town or city
129	129	101shall not preclude enforcement through any other lawful means.
130	130	102 Violations of this chapter are punishable by a fine of up to $500 per violation. Each
131	131	103successive day of noncompliance will count as a separate violation.
132	132	104 If non-criminal disposition is elected, then any Food or Retail Establishment that violates
133	133	105any provision of this chapter shall be subject to the following penalties: (i) first offense: written
134	134	106warning;(ii) second offense: $250 penalty, and (iii) third and each subsequent offense: $500
135	135	107penalty.
136	136	108 Section 5. Regulations
137	137	109 The Board of Health may adopt and amend rules and regulations to effectuate the
138	138	110purposes of this chapter.
139	139	111 Section 6. Interaction with Other Laws
140	140	112 In the case of a conflict between the requirements of this chapter and any other federal,
141	141	113state or local law concerning the materials regulated herein, the more stringent requirements shall
142	142	114apply.