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H 2521

An Act to prohibit the use of polystyrene foam food containers

194th Legislature (2025-2026) Introduced by Dave Rogers

Massachusetts bans EPS foam food containers for takeout and state use, prohibiting sale, distribution, and service, with distributors certifying compliance to the state.

Accompanied H2394
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WeVote Research Nonpartisan
Bill Summary · H 2521

Summary: H.2521 An Act to prohibit the use of polystyrene foam food containers

Overview

H.2521, introduced February 27, 2025, seeks to prohibit the use, sale, and distribution of polystyrene foam (EPS) food containers in the Commonwealth of Massachusetts. The bill is accompanied by H.2394 and is part of the 2025-2026 General Court. It builds on a prior filing from the 2023-2024 session (H.2261). The measure targets EPS foam foodware used for take-out, packaging, and state-related uses, with definitions and requirements for compliance and enforcement.

Key provisions

Definitions (Section 1)

The bill defines several terms to set its scope:
- Compostable: Material that degrades biologically during composting without leaving visible, toxic residue and without harming soil quality.
- Disposable food container: One-time-use container, plate, bowl, tray, cup, lid, etc., for prepared foods (including take-out and leftovers).
- Polystyrene: Includes expanded polystyrene and clear/solid oriented polystyrene (EPS and related forms).
- Polystyrene foam: Blown or expanded/extruded polystyrene foams.
- Recyclable: Material that can be recovered and reprocessed into a new product.

Prohibition on EPS foam food ware (Section 2)

  • Overall ban effective after January 1, 2024: No person may sell or provide in Massachusetts any food ware that is composed in whole or in part of EPS foam.
  • Specific prohibitions include:
    • Restaurants, stores, and food distributors shall not serve, sell, or package prepared foods, meats, eggs, bakery products, or beverages in EPS foam containers.
    • State facilities and State-funded events shall not use EPS foam food or beverage containers.
    • State agencies, facilities, or contractors may not purchase EPS foam food/beverage containers or engage in arrangements that require EPS foam on state projects.
  • The bill also states that all entities contracting with the State must avoid EPS foam containers.

Compliance (Section 3)

  • Certification: Distributors selling or distributing EPS-containing products in the State must certify their compliance with the prohibition to the Commissioner.

Enforcement (Section 4)

  • The bill includes enforcement provisions (details not fully shown in the excerpt). Typically, enforcement would involve regulatory oversight by the relevant state agency, with potential penalties or corrective actions for noncompliance.

Who is affected

  • Retailers, restaurants, food distributors, and food packagers that handle prepared foods and beverages.
  • Vendors and suppliers of disposable food ware.
  • State agencies, state facilities, and entities involved in state-funded projects or events.
  • Contractors and entities with State contracts that would otherwise use EPS foam containers.

Timeline and status

  • Filed: February 27, 2025.
  • Referral: Referred to the Committee on Public Health.
  • Hearing: Scheduled for June 11, 2025 (9:00 AM – 1:00 PM) in the Legislature.
  • Accompanied by: H2394; related to House Docket No. 2830 (the companion filing).
  • Legislative alignment: Part of the 194th General Court (2025-2026); similar matter previously filed as H.2261 (2023-2024).

Additional notes

  • The text cites an effective date of January 1, 2024 for the prohibition, which may reflect a drafting artifact or transitional rule; the formal introduction date is 2025. Readers should verify final language for any effective date adjustments.
  • The bill emphasizes environmental considerations (recyclability, compostability) alongside a clear EPS foam prohibition, aligning with broader waste reduction goals.

If you’d like, I can compare this bill to the prior version (H.2261) or summarize the potential fiscal or environmental impacts based on typical compliance requirements.

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

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