HOUSE DOCKET, NO. 2432        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2261

The Commonwealth of Massachusetts

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PRESENTED BY:

David M. Rogers

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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 prohibit the use of polystyrene foam food containers.

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PETITION OF:

HOUSE DOCKET, NO. 2432        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2261

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2391 OF 2021-2022.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act to prohibit the use of polystyrene foam food containers.

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

SECTION 1. Chapter 111 of the General Laws are hereby amended by inserting after Section 5S:

Section 5T.

EXTRUDED OR EXPANDED POLYSTYRENE FOAM FOOD CONTAINERS

Section 1. Definitions. As used in this section, the following terms have the following meanings, unless the context clearly indicates otherwise:

A."Compostable," with regard to a material, means that the material will undergo degradation by biological processes during composting to yield carbon dioxide, water, inorganic compounds and biomass at a rate consistent with other materials that undergo degradation by biological processes and leave no visible, distinguishable or toxic residue, including no adverse impact on the ability of compost to support plant growth once the compost is placed in soil;

B."Disposable food container" means a container, bowl, plate, tray, carton, cup, lid or other item designed for one-time use for prepared foods. "Disposable food container" includes foodware for take-out foods and leftovers from partially consumed meals prepared by food vendors;

C.“Polystyrene” means and includes expanded polystyrene which is a thermoplastic petrochemical material utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene). The term “polystyrene” also includes clear or solid polystyrene, which is known as “oriented polystyrene”;

D."Polystyrene foam” means blown polystyrene and expanded and extruded foams using polystyrene;

E."Recyclable," with regard to a material, means that a material that would otherwise be disposed of or processed as waste can be recovered, separated, collected and reprocessed for the purpose of using the reprocessed material in the manufacture of a new product.

Section 2. Prohibition on polystyrene foam food ware.  After January 1, 2024, no person may sell or provide in this State any food ware product composed in whole or in part of extruded or expanded polystyrene foam:

A.No Store or Food Distributor shall serve or sell prepared food or beverage in EPS foam containers and shall not package meat, eggs, bakery products, or other food in EPS foam containers. 

B.No Store, Food Distributor, or Food Packager shall package meat, eggs, bakery products, or other food in EPS foam containers. 

C.No Store that sells tangible personal property at retail shall sell EPS foam food or beverage containers. 

D.The State shall not use EPS foam food or beverage containers at any State facility or State sponsored event.

E.No State department or facility shall purchase or acquire EPS foam food or beverage containers. 

F.All parties who contract with the State shall be prohibited from using EPS foam food and beverage containers in State facilities or on State-funded projects within the State.

Section 3. Compliance.  Compliance with this section shall be as follows.

A.All distributors engaged in the sale or distribution in the State of products covered under subsection 1 shall certify to the commissioner their compliance with subsection 1.

Section 4. Enforcement.