Bill > H912

This bill aims to reduce polystyrene use in Massachusetts by prohibiting food and retail establishments from using, selling, or distributing disposable food service ware, packing materials, and certain other items made from foam or solid polystyrene, starting one year after the bill's passage. The legislation defines key terms like "disposable food service ware" (single-use items for food and beverage service), "foam polystyrene" (expanded polystyrene material), and "retail establishment" (stores selling merchandise or food). The bill allows some exemptions, such as personal use of polystyrene items purchased outside Massachusetts and prepared food packaged outside the state. Establishments can request a six-month exemption from the Department of Environmental Protection or local Board of Health if they can demonstrate undue hardship or need time to deplete existing inventory. Enforcement will be carried out by local health agents, with penalties of up to $500 per violation, including a graduated fine structure for repeat offenses: first offense is a warning, second offense is a $250 fine, and third and subsequent offenses incur a $500 fine. The bill includes a provision that in case of conflicts with other laws, the most stringent requirements will apply, and it contains a severability clause to ensure that if one provision is found invalid, the rest of the law remains in effect.

Agriculture and Natural Resources

https://malegislature.gov/Bills/194/H912