An Act to reduce plastic packaging waste

1 of 1 SENATE DOCKET, NO. 564 FILED ON: 2/2/2021 SENATE . . . . . . . . . . . . . . No. 503 The Commonwealth of Massachusetts _________________ PRESENTED BY: Cynthia Stone Creem _________________ 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 plastic packaging waste. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: Cynthia Stone Creem First Middlesex and Norfolk Michelle L. Ciccolo 15th Middlesex 3/2/2021 Joanne M. Comerford Hampshire, Franklin and Worcester 3/10/2021 1 of 3 SENATE DOCKET, NO. 564 FILED ON: 2/2/2021 SENATE . . . . . . . . . . . . . . No. 503 By Ms. Creem, a petition (accompanied by bill, Senate, No. 503) of Cynthia Stone Creem, Michelle L. Ciccolo and Joanne M. Comerford for legislation to establish the Sustainable Food Service Ware Act. Environment, Natural Resources and Agriculture. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE SENATE, NO. 439 OF 2019-2020.] The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Second General Court (2021-2022) _______________ An Act to reduce plastic packaging waste. 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. The General Laws are hereby amended by inserting after chapter 21O the 2 following chapter: 3 CHAPTER 21P: The Sustainable Food Service Ware Act. 4 Section 1. Definitions 5 “Biodegradable” means entirely made of organic materials such as wood, paper, bagasse 6 or cellulose; or bioplastics that meet the American Society for Testing and Materials (ASTM) 7 D7081 standard for Biodegradable Plastics in the Marine Environment. Any ASTM D7081 8 product must be clearly labeled with the applicable standard. 2 of 3 9 “Compostable” refers to bioplastic materials certified to meet the American Society for 10 Testing and Materials International Standards D6400 or D6868, as those standards may be 11 amended. ASTM D6400 is the specification for plastics designed for compostability in municipal 12 or industrial aerobic composting facilities. D6868 is the specification for aerobic compostability 13 of plastics used as coatings on a compostable substrate. 14 “Disposable food service ware” means all food and beverage containers, bowls, plates, 15 trays, cartons, cups, lids, straws, stirrers, forks, spoons, knives, film wrap, and other items 16 designed for one-time or non-durable uses on or in which any food vendor directly places or 17 packages prepared foods or which are used to consume foods. This includes, but is not limited to, 18 service ware for takeout foods and leftovers from partially consumed meals prepared at food 19 establishments. 20 “Food establishment” refers an operation that stores, prepares, packages, serves, vends, or 21 otherwise provides food for human consumption. This includes without limitation restaurants 22 and food trucks. 23 “Recyclable Material” refers to material that can be sorted, cleansed, and reconstituted 24 using the local municipality’s regular year-round collection program for the purpose of using the 25 altered form in the manufacture of a new product. Regular year-round collection means either the 26 municipal curbside pickup or else a municipal transfer station in communities that do not have 27 curbside pickup. All recyclable plastic material must be identified by its plastic resin code in a 28 visible manner on the food service ware. "Recycling" does not include burning, incinerating, 29 converting, or otherwise thermally destroying solid waste. 3 of 3 30 “Reusable Products” pertains to those that will be used more than once in its same form 31 by a food establishment. Reusable food service ware includes: tableware, flatware, food or 32 beverage containers, packages or trays, such as, but not limited to, soft drink bottles and milk 33 containers that are designed to be returned to the store or distributor that provided the take-out 34 containers. Reusable materials include aluminum and glass. Reusable also includes cleanable 35 durable containers, packages, or trays used on-premises or returnable containers brought back to 36 the food establishment. 37 SECTION 2. (a) Except as provided in this section on and after January 1, 2023, all retail 38 food establishments will use food service ware that is biodegradable, compostable, recyclable, or 39 reusable for any food prepared or packaged on premises. 40 (b) The Department of Environmental Protection shall promulgate regulations with 41 regard to the enforcement of this chapter.