An Act reducing packaging waste

1 of 1 HOUSE DOCKET, NO. 3306 FILED ON: 1/20/2023 HOUSE . . . . . . . . . . . . . . . No. 770 The Commonwealth of Massachusetts _________________ PRESENTED BY: Mike Connolly and David M. Rogers _________________ 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 reducing packaging waste. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: DATE ADDED: Mike Connolly 26th Middlesex 1/20/2023 David M. Rogers 24th Middlesex 1/20/2023 Lindsay N. Sabadosa 1st Hampshire 1/20/2023 Brian W. Murray 10th Worcester 2/1/2023 Michelle M. DuBois 10th Plymouth 2/7/2023 Patrick M. O'Connor First Plymouth and Norfolk 2/8/2023 David Allen Robertson 19th Middlesex 2/8/2023 Margaret R. Scarsdale 1st Middlesex 2/9/2023 Carmine Lawrence Gentile 13th Middlesex 2/9/2023 Samantha Montaño 15th Suffolk 2/13/2023 David Henry Argosky LeBoeuf 17th Worcester 2/23/2023 Natalie M. Higgins 4th Worcester 2/23/2023 James B. Eldridge Middlesex and Worcester 3/4/2023 Tommy Vitolo 15th Norfolk 3/30/2023 1 of 3 HOUSE DOCKET, NO. 3306 FILED ON: 1/20/2023 HOUSE . . . . . . . . . . . . . . . No. 770 By Representatives Connolly of Cambridge and Rogers of Cambridge, a petition (accompanied by bill, House, No. 770) of Mike Connolly, David M. Rogers and others for legislation to reduce packaging waste. Environment and Natural Resources. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE HOUSE, NO. 871 OF 2021-2022.] The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ An Act reducing 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 “Compostable” refers (i) a product comprised of wood or fiber-based substrate only; or 6 (ii) bioplastic materials that meet the American Society for Testing and Materials International 7 Standards D6400 or D6868, as those standards may be amended, or international equivalents. 8 ASTM D6400 is the specification for plastics designed for compostability in municipal or 9 industrial aerobic composting facilities. D6868 is the specification for aerobic compostability of 2 of 3 10 plastics used as coatings on a compostable substrate. A bioplastic product must use a logo 11 indicating the product has been certified by a recognized third-party independent verification 12 body as meeting the ASTM standard specification; and displays the word "compostable," where 13 possible indicating the product has been tested by a recognized third-party independent body and 14 meets the ASTM standard specification. Fiber-based products or product components would 15 need to be (a) free from any organic fluorine substances that a manufacturer has intentionally in 16 any amount; and (b) not contain total organic fluorine at or above 100 parts per million as 17 measured by an independent laboratory. 18 “Disposable food service ware” All food and beverage containers, bowls, plates, trays, 19 cartons, cups, lids, straws, stirrers, forks, spoons, knives, film wrap, and other items designed for 20 one-time or non-durable uses on or in which any food vendor directly places or packages 21 prepared foods or which are used to consume foods. This includes, but is not limited to, service 22 ware for takeout foods and leftovers from partially consumed meals prepared at food 23 establishments. 24 “Food establishment” An operation that stores, prepares, packages, serves, vends, or 25 otherwise provides food for human consumption. This includes without limitation restaurants 26 and food trucks. 27 “Recyclable Material” that can be sorted, cleansed, and reconstituted using the local 28 municipality’s regular year-round collection program for the purpose of using the altered form in 29 the manufacture of a new product. Regular year-round collection means either the municipal 30 curbside pickup or else a municipal transfer station in communities that do not have curbside 31 pickup. All recyclable plastic material must be identified by its plastic resin code in a visible 3 of 3 32 manner on the food service ware. "Recycling" does not include burning, incinerating, converting, 33 or otherwise thermally destroying solid waste. 34 “Reusable Products” Those that will be used more than once in its same form by a food 35 establishment. Reusable food service ware includes: tableware, flatware, food or beverage 36 containers, packages or trays, such as, but not limited to, soft drink bottles and milk containers 37 that are designed to be returned to the store or distributor that provided the take-out containers. 38 Reusable materials include aluminum and glass. Reusable also includes cleanable durable 39 containers, packages, or trays used on-premises or returnable containers brought back to the food 40 establishment. 41 Section 2. (a) Except as provided in this section on and after January 1, 2025, all retail 42 food establishments will use food service ware that is compostable, recyclable, or reusable for 43 any food prepared or packaged on premises. 44 (b) The Department of Environmental Protection shall promulgate regulations with 45 regard to the enforcement of this chapter.