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HD 2830

An Act to prohibit the use of polystyrene foam food containers

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

Massachusetts bans sale and use of EPS foam food containers after Jan 1, 2024; retailers, distributors, packagers, and state facilities must certify compliance.

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WeVote Research Nonpartisan
Bill Summary · HD 2830

Summary: House Bill HD 2830 — An Act to Prohibit the Use of Polystyrene Foam Food Containers

Purpose and intent

HD 2830 would ban the sale, distribution, and use of extruded or expanded polystyrene (EPS) foam food containers in the Commonwealth of Massachusetts. The measure seeks to reduce polystyrene waste and associated environmental impacts by prohibiting EPS foam in a wide range of foodware, including containers used for take-out, prepared foods, and certain packaged foods.

Key provisions

Section 1 — Definitions

  • Compostable: Material that degrades through biological composting to yield CO2, water, inorganic compounds, and biomass, leaving no toxic or visible residue and not harming compost suitability.
  • Disposable food container: One-time-use container for prepared foods, including take-out and leftovers.
  • Polystyrene (EPS): Polystyrene material including expanded, extruded, or clear/oriented forms.
  • Polystyrene foam: Blown, expanded, or extruded polystyrene foam.
  • Recyclable: Material that can be recovered and reprocessed into a new product.

Section 2 — Prohibition on polystyrene foam food ware

  • After January 1, 2024, no person may sell or provide in the state any foodware product composed in whole or in part of EPS foam.
  • Prohibitions apply to:
    • Stores and food distributors serving or selling prepared food or beverages in EPS foam containers; packaging of meat, eggs, bakery products, and other foods in EPS foam.
    • Food packagers and stores selling tangible goods at retail from using EPS foam food or beverage containers.
    • State facilities, state-sponsored events, and contracts with the State purchasing EPS foam food/beverage containers.
    • State-funded projects within the State.
  • The law extends to all parties contracting with the State, prohibiting EPS foam containers in state facilities or on state-funded projects.

Section 3 — Compliance

  • Distributors selling EPS foam products in the State must certify to the commissioner that they are compliant with the prohibition.

Section 4 — Enforcement

  • Provisions outline enforcement, but detailed mechanisms, penalties, and remedies are not included in the excerpt provided.

Who is affected

  • Retail stores, food distributors, and food packagers that handle prepared foods, meat, eggs, bakery products, and related food items.
  • Businesses serving or providing foodware at state facilities, state-sponsored events, or under state contracts.
  • Entities contracting with the State or operating on state-funded projects in Massachusetts.
  • State agencies and facilities responsible for purchasing and consuming food or foodware.

Timing, status, and drafting notes

  • The bill text indicates the filing date as January 16, 2025, with prior related matter filed in 2023-2024 sessions. A referenced effective date of “after January 1, 2024” appears to be retroactive relative to the bill’s introduction, which may indicate a drafting inconsistency to be clarified in committee.
  • The status field for HD 2830 is not provided in the excerpt; additional status updates would come from the House and Senate calendars as the bill moves through the General Court.

Observations

  • The proposal aligns with broader state and municipal efforts to reduce single-use plastics.
  • Key details to confirm in committee include the exact enforcement penalties, any phased implementation, and how “compostable” and “recyclable” classifications interact with the prohibition.

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

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