SECTION 1. Chapter 140 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 6B, the following section:-

Section 6C: (a) As used in this section, the following terms shall have the following meanings:

“Biodegradable materials”, compostable materials such as wood, paper, bagasse, or other cellulose fiber composite.  Materials composed of biologically based polymers that do not reliably biodegrade in aquatic environments are not considered biodegradable.

“Consumer”, a person receiving food or beverages from a food service establishment.

“Department”, the Department of Environmental Protection.

“Food service establishment”, an operation that stores, prepares, serves, vends, or otherwise provides food for human consumption.  Food service establishments include without limitations full-service restaurants, food trucks, self-service food establishments, and fast-food establishments.

“Single-use plastic straw”, a single-use, disposable drinking straw made of plastic derived from petroleum-based polymers or non-biodegradable biological polymer.  A single-use plastic straw does not include reusable drinking straws or straws made from biodegradable material.

“Reusable straw”, a drinking straw that can be appropriately cleaned and sanitized for customer reuse. 

(b) A food service establishment may not provide a single-use plastic straw unless requested by a consumer or selected by the consumer from a self-service dispenser.

(c) The department shall promulgate regulations with regard to the enforcement of this chapter.

SECTION 2.  This act shall go into effect on January 2, 2023.