SECTION 1. The General Laws are hereby amended by inserting after chapter 21O the following chapter:-

CHAPTER 21P

MASSACHUSETTS PLASTICS REDUCTION ACT

Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:

“Customer”, a person who purchases or otherwise receives goods, services or materials from a business, organization, corporation or other entity.

“Department”, the department of environmental protection.

“Disposable”, designed to be discarded after a single or limited number of uses and not designed or manufactured for long-term multiple reuse.

“Food service ware”, disposable products used for serving or transporting foods or beverages for human consumption, including, but not limited to, plates, bowls, trays, cups, cartons, hinged or lidded containers, straws, stirrers, cup spill plugs, cup sleeves, condiments containers, utensils, cocktail sticks or picks, toothpicks, film wrap and napkins; provided, however, that “food service ware” shall not include detachable lids for beverage cups or food containers, coolers or ice chests.

Section 2. (a) Except as provided in subsection (b), a retailer or charging entity shall not provide a customer with disposable food service ware unless requested by the customer.

(b) A retailer or charging entity may make disposable food service ware available to a customer for self-service to allow for non-bundled, single-use food service ware to be obtained.

Section 3. The department shall promulgate regulations to implement and enforce this chapter.

SECTION 2. Section 3 of chapter 21P of the General Laws, as appearing in section 1, is hereby amended by inserting the following subsection:-

(c) No food service ware provided consistent with this section shall be made from black plastic; provided, however, that the provisions of this subsection shall not apply to prepared food packaged outside of the commonwealth.

SECTION 3. Section 2 shall take effect on January 1, 2027.