SENATE DOCKET, NO. 1090        FILED ON: 1/13/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 775

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act authorizing cities and towns to prohibit the sale or use of polystyrene packaging..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Notwithstanding any general or special law to the contrary, a city or town may prohibit the sale or use of polystyrene packaging products by any vendor, commercial or retail user of polystyrene unless the vendors or retail users of such products demonstrate to an official designated by the chief executive officer of the city or town that such vendors or users are actively engaged in a comprehensive effort to recycle the polystyrene packaging materials which it generates. Such recycling effort shall include ongoing collection and delivery of such packaging materials to an established recycling facility.