HOUSE DOCKET, NO. 3596 FILED ON: 2/19/2021
HOUSE . . . . . . . . . . . . . . . No.
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 from the environment.
_______________
PETITION OF:
NAME: DISTRICT/ADDRESS: DATE ADDED:
Michelle L. Ciccolo 15th Middlesex 2/19/2021
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 HOUSE DOCKET, NO. 3596 FILED ON: 2/19/2021
HOUSE . . . . . . . . . . . . . . . No.
[Pin Slip]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Second General Court
(2021-2022)
_______________
An Act to reduce single-use plastics from 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. Prevent Plastic Grocery Bags from Entering the Environment
2 Title II of the General Laws is hereby amended by inserting after chapter 21O the
3 following chapter:
4 CHAPTER 21P: PLASTIC BAG REDUCTION
5 Section 1. As used in this chapter, the following words shall have the following meanings
6 unless the context clearly requires otherwise:
7 “Postconsumer recycled material”, a material that would otherwise be destined for solid
8 waste disposal, having completed its intended end use and product life cycle. Postconsumer
9 recycled material does not include materials and byproducts generated from, and commonly
10 reused within, an original manufacturing and fabrication process.
11 “Recycled paper bag”, a paper bag that is (i) 100 per cent recyclable; (ii) contains a
12 minimum of 40 per cent postconsumer recycled materials, provided, however, that an 8 pound or
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13 smaller recycled paper bag shall contain a minimum of 20 per cent postconsumer recycled
14 material; and (iii) displays the words "Recyclable" and "made from 40% post-consumer recycled
15 content" or other applicable amount in a visible manner on the outside of the bag.
16 “Reusable grocery bag”, a sewn bag with stitched handles that is (i) specifically designed
17 and manufactured for at least 175 uses; (ii) can carry 25 pounds over a distance of 300 feet; and
18 (iii) is made of cloth or other machine-washable fabric other than polyethylene or polyvinyl
19 chloride.
20 “Single-use carryout bag”, a bag made of plastic, paper, or other material that is provided
21 by a Retail establishment to a customer at the point of sale and that is not a recycled paper bag or
22 a reusable grocery bag. A single-use carryout bag does not include the following: (i) a paper bag
23 provided by a pharmacy to a customer purchasing a prescription medication; (ii) a non-handled
24 bag used to protect items from damaging or contaminating other purchased items placed in a
25 recycled paper bag, a reusable grocery bag; (iii) a bag provided to contain an unwrapped food
26 item; or (iv) a non-handled bag that is designed to be placed over articles of clothing on a hanger.
27 “Retail establishment”, a store or premises in which a person is engaged in the retail
28 business of selling or providing merchandise, goods, groceries, prepared take-out food and
29 beverages for consumption off-premises or the servicing of an item, directly to customers at such
30 store or premises, including, but not limited to, grocery stores, department stores, pharmacies,
31 convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including
32 farmers markets and public markets; provided, however, that a “retail establishment” shall also
33 include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable
34 roadside stand used by a person from which to engage in such business directly with customers
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35 and business establishments without a storefront, including, but not limited to, a business
36 delivering prepared foods or other food items, web-based or catalog business or delivery services
37 used by a retail establishment; provided further, that a “retail establishment” shall include a non-
38 profit organization, charity or religious institution that has a retail establishment and holds itself
39 out to the public as engaging in retail activities that are characteristic of similar type retail
40 businesses, whether or not for profit when engaging in such activity.
41 Section 2. (a) Eighteen months after the enactment of this law, a Retail establishment
42 may only make available for purchase at the point of sale a reusable grocery bag, or recycled
43 paper bag.
44 (b) For up to 180 days from the date of enactment, a Retail establishment may make
45 available for purchase at the point of sale a single-use carryout bag, reusable grocery bag, or
46 recycled paper bag.
47 (c) 180 days after the enactment of this law, a Retail establishment may make available
48 for purchase a recycled paper bag, for a charge of $0.10.
49 (d) 180 days after the enactment of this law, a Retail establishment may make available
50 for purchase a reusable grocery bag, for a charge of no less than $0.10.
51 (e) All moneys collected pursuant to this section shall be retained by the Retail
52 establishment.
53 (f) The department of environmental protection shall promulgate regulations with regard
54 to the enforcement of this chapter. The department of environmental protection shall establish a
55 small business exemption process by which a Retail establishment may elect to be exempt from
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56 the provisions of subsections (b) through (d) of this section. A Retail establishment electing for
57 said exemption must provide to the department a self-audit attesting that they meet the following
58 criteria:
59 1. the owner of the Retail establishment has 3 or fewer store locations under the
60 same ownership; and
61 2. each Retail establishment has less than 4,000 square feet of retail selling space;
62 and
63 3. each Retail establishment has 15 or fewer employees employed at the store
64 location; and either
65 4. the Retail establishment is not a food establishment as defined by 105 CMR
66 590.001(C); or
67 5. the Retail establishment provided to consumers at the point of sale less than
68 15,000 carry-out bags or checkout bags in total during the previous calendar year.
69 Section 3. Any municipality with an existing ordinance, rule, regulation or by-law
70 banning or regulating single-use carryout bags, recycled paper bags, or reusable grocery bags in
71 the commonwealth shall be null and void 180 days after the enactment of this law. The exclusive
72 authority in regulating the labeling, distribution, sale, storage, transportation, use, and disposal of
73 single-use carryout bags, recycled paper bags, and reusable grocery bags in the commonwealth
74 shall be determined by this chapter.
75 SECTION 2. Reduce Polystyrene in the Environment
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76 The General Laws are hereby amended by inserting after chapter 21P the following
77 chapter:
78 Chapter 21Q.
79 Section 1. Definitions. As used in this chapter, the following words shall have the
80 following meanings unless the context clearly requires otherwise:
81 “Disposable Food Service Ware” shall mean single-use or disposable products for
82 heating, storing, packaging, serving, consuming, or transporting prepared or ready-to-consume
83 food or beverages including, but not limited to, bowls, plates, trays, cartons, cups, lids, hinged or
84 lidded containers, spoons, forks and knives. This includes any containers used by food
85 establishments to heat, cook, or store food or beverages prior to serving, regardless of whether
86 such containers are used to serve such food or beverages. Disposable Food Service Ware also
87 includes any such implements sold by Retail Establishments to consumers for personal use.
88 “Foam Polystyrene” shall mean polystyrene in the form of a foam or expanded material,
89 processed by any number of techniques including, but not limited to, fusion of polymer spheres
90 (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding
91 (extruded foam polystyrene).
92 “Food Establishment” shall mean any operation that serves, vends or otherwise provides
93 food or other products to third-parties for consumption and/or use on or off the premises,
94 whether or not a fee is charged, but not including the service of food within a home or other
95 private setting. Any facility requiring a food permit in accordance with the Massachusetts State
96 Food Code, 105 CMR 590.000, et seq. and/or regulations of the Board of Health shall be
97 considered a “food establishment” for purposes of this bylaw.
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 98 “Health Agent” shall mean the Health Agent for the city or town of the facility, or his/her
99 designee.
100 “Packing Material” shall mean material used to hold, cushion, or protect items packed in
101 a container for shipping transport or storage.
102 “Prepared Food” shall mean food or beverages, which are serviced, packaged, cooked,
103 chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared (collectively
104 “prepared”) for individual customers or consumers. Prepared Food does not include raw eggs or
105 raw, butchered meats, fish, seafood, and/or poultry.
106 “Polystyrene” shall mean a synthetic polymer produced by polymerization of styrene
107 monomer. Polystyrene includes both “Foam Polystyrene” and “Solid Polystyrene” as defined in
108 this Bylaw. The International Resin Identification Code assigned to polystyrene materials is “6”.
109 Polystyrene items may be identified by a "6" or "PS," either alone or in combination with other
110 letters. The regulations and prohibitions relating to polystyrene in this law are intended to apply
111 regardless of the presence or absence of an International Resin Identification Code or other
112 identifying marks on the item.
113 “Retail Establishment” shall mean a store or premises engaged in the retail business of
114 selling or providing merchandise, goods, groceries, prepared take-out food and beverages for
115 consumption off-premises or the serving of an item directly to customers at such store or
116 premises, including, but not limited to, grocery stores, department stores, pharmacies,
117 convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including
118 farmers markets and public markets; provided, however, that a “retail establishment” shall also
119 include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable
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120 roadside stand used by a person from which to engage in such business directly with customers
121 and business establishments without a storefront, including, but not limited to, a business
122 delivering prepared foods or other food items, web-based or catalog business or delivery services
123 used by a retail establishment; provided further, that a “retail establishment” shall include a non-
124 profit organization, charity or religious institution that has a retail establishment and holds itself
125 out to the public as engaging in retail activities that are characteristic of similar type commercial
126 retail businesses, whether or not for profit when engaging in such activity.
127 “Solid Polystyrene” shall mean polystyrene, including clear (oriented) polystyrene,
128 produced in a rigid form with minimal incorporation of air or other gas. Solid polystyrene is also
129 referred to as ‘rigid polystyrene’.
130 Section 2. Regulated Conduct
131 a. One year after passage of this Act, no Food Establishment in the Commonwealth of
132 Massachusetts may use, sell, offer for sale, or otherwise distribute disposable food service ware
133 made from foam polystyrene or solid polystyrene.
134 b. One year after passage of this Act , no Retail Establishment in the Commonwealth of
135 Massachusetts may sell, offer for sale, or otherwise distribute: 1. disposable food service ware
136 made from foam polystyrene or solid polystyrene 2. meat trays, fish trays, seafood trays,
137 vegetable trays, or egg cartons made in whole or in any part with foam polystyrene or solid
138 polystyrene 3. distributing packing materials, including packing peanuts and shipping boxes
139 made in whole or in any part with foam polystyrene that is not wholly encapsulated within a
140 more durable material. 4. coolers, ice chests, or similar containers; pool or beach toys; and dock
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141 floats, mooring buoys, or anchor or navigation markers, which are made in whole or in any part
142 with foam polystyrene that is not wholly encapsulated within a more durable material.
143 c. For the purposes of Section 2(b)(3), ‘distributing packing material’ does not include: 1.
144 Re-using packing materials for shipping, transport, or storage within the same distribution
145 system, where the packing materials are not sent to a customer or end user. 2. Receiving
146 shipments within the Commonwealth that include polystyrene foam used as a packing material,
147 provided that the goods were not packaged or repackaged within the Commonwealth of
148 Massachusetts.
149 Section 3. Exemption
150 a) Nothing in this chapter shall prohibit individuals from using disposable food service
151 ware or other items made of polystyrene purchased outside the Commonwealth of Massachusetts
152 for personal use. b) Prepared food packaged outside the Commonwealth of Massachusetts is
153 exempt from the provisions of this chapter, provided that it is sold or otherwise provided to the
154 consumer in the same disposable food service ware in which it was originally packaged, and that
155 the prepared food has not been altered or repackaged. c) The Commonwealth of Massachusetts
156 Department of Environmental Protection or the Board of Health of the city or town in which the
157 food or retail establishment is located may exempt a food establishment or retail establishment
158 from any provision of this chapter for a period of up to six months upon written application by
159 the owner or operator of that establishment. No exemption will be granted unless the Department
160 of Environmental Protection or the Board of Health finds that (1) strict enforcement of the
161 provision for which the exemption is sought would cause undue hardship; or (2) the food
162 establishment or retail establishment requires additional time in order to draw down an existing
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163 inventory of a specific item regulated by this chapter. For purposes of this chapter, “undue
164 hardship” shall mean a situation unique to a food establishment or retail establishment in which
165 there are no reasonable alternatives to the use of materials prohibited by this chapter, and that
166 compliance with this chapter would create significant economic hardship for the Establishment.
167 Section 4. Enforcement
168 Health Agents of the cities and towns of the Commonwealth of Massachusetts shall also
169 have the authority to enforce this chapter. This chapter may be enforced through any lawful
170 means in law or in equity, including but not limited to, noncriminal disposition pursuant to G.L.
171 c. 40 § 21D and Article VI of the General Bylaws. The town or city may enforce this chapter or
172 enjoin violations thereof through any lawful process or combination of processes, and the
173 election of one remedy by the town or city shall not preclude enforcement through any other
174 lawful means.
175 Violations of this chapter are punishable by a fine of up to $300 per violation. Each
176 successive day of noncompliance will count as a separate violation.
177 If non-criminal disposition is elected, then any Food or Retail Establishment that violates
178 any provision of this chapter shall be subject to the following penalties:
179 First Offense: written warning
180 Second Offense: $50 penalty
181 Third and each subsequent offense: $300 penalty
182 Section 5. Regulations
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183 The Board of Health may adopt and amend rules and regulations to effectuate the
184 purposes of this chapter.
185 Section 6. Interaction with Other Laws
186 In the case of a conflict between the requirements of this chapter and any other federal,
187 state or local law concerning the materials regulated herein, the more stringent requirements shall
188 apply.
189