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H 4167

An Act authorizing the town of Acton to establish a minimum charge for a checkout bag

194th Legislature (2025-2026) Introduced by Simon Cataldo and 2 co-sponsors

Allows Acton to set a minimum $0.15 bag fee at retail checkouts; retailers keep the fee and must itemize it on receipts, with Acton Board of Health oversight.

Read second and ordered to a third reading
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Bill Summary · H 4167

Summary: H 4167 — An Act authorizing the town of Acton to establish a minimum charge for a checkout bag

Overview

This Massachusetts bill would authorize the Town of Acton to establish a minimum charge for checkout bags provided by retail establishments within the town. The proposed minimum is set at $0.15 per bag, with the exact minimum to be established through regulations promulgated by Acton’s Board of Health. The bill is currently in the House after passing through committees and the Senate, with the status “Read second and ordered to a third reading” as of August 4, 2025.

Purpose and intent

  • Create a local option for Acton to reduce the use of disposable checkout bags by imposing a small fee on customers for each bag.
  • Channel the fee revenue to retailers (not the town) while ensuring the fee appears separately on receipts.
  • Establish oversight and regulatory authority for implementing and enforcing the policy at the local level.

Key provisions

  • Definitions (Section 1)

    • “Checkout Bag”: a bag provided at the point of sale, with specified exclusions (e.g., bags used for prescription medications, produce or bakery items, items to keep items fresh or uncontaminated, leak-prone items, protecting clothing on a hanger, certain chemicals, etc.).
    • “Retail Establishment”: any business facility selling goods directly to consumers, including stores, restaurants, pharmacies, grocery stores, etc.

  • Minimum bag charge (Section 2)

    • Any retail establishment in Acton that provides checkout bags must charge a fee of at least $0.15 per bag.
    • The minimum is to be established by regulations promulgated by the Acton Board of Health.
    • Monies collected stay with the retailer.
    • The checkout bag charge must be separately itemized on the customer’s receipt as the “checkout bag charge.”

  • Enforcement and regulations (Section 3)

    • Acton Health Agent (or designee) oversees the Act and regulations.
    • Acton Board of Health may adopt and amend rules to implement the Act.

  • General provisions (Sections 4–5)

    • Severability: if any provision is invalid, others remain in effect.
    • Effective date: the Act takes effect three months after passage.

Who is affected

  • Retail establishments in Acton that provide checkout bags.
  • Consumers purchasing goods who may incur the bag charge.
  • Acton Board of Health and Health Agent, responsible for oversight, regulations, and enforcement.

Timelines and procedural posture

  • Introduced: May 29, 2025
  • Referred to: Municipalities and Regional Government (May 29, 2025)
  • Senate concurrence: June 2, 2025
  • Hearing: June 24, 2025
  • Reported favorably by committee: July 16, 2025
  • House action: August 4, 2025
    • Read second and ordered to a third reading
  • Related actions: Local Approval Received; similar matter previously filed as House Bill 2111 (2023-2024)

Fiscal and policy impact

  • Retailers collect and retain the bag fee; no town revenue from the fee.
  • Administrative requirement to itemize the charge on receipts and maintain compliance with local regulations.
  • Potential environmental benefit by discouraging single-use bag usage, aligned with local sustainability goals.

Compiled from official sources — confirm details with the bill’s official record.

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