WeVote
Log In

Bill

Bill

SD 771

An Act to reduce plastic packaging waste

194th Legislature (2025-2026) Introduced by Cynthia Creem

The act bans most disposable food service ware by default, requires customer request for disposables, and bans black plastic ware starting 2027.

House concurred
0
WeVote Research Nonpartisan
Bill Summary · SD 771

Summary: An Act to reduce plastic packaging waste (SD 771)

Overview

This Massachusetts bill, introduced February 27, 2025 and now with the House concurring, would establish a new framework to reduce plastic packaging waste by restricting disposable food service ware and guiding regulatory oversight. The measure creates the Massachusetts Plastics Reduction Act (Chapter 21P) and places primary enforcement and rulemaking responsibilities with the Department of Environmental Protection (MassDEP).

Purpose and intent

  • Limit the availability and use of disposable food service ware (ware designed for single use) in order to reduce plastic packaging waste.
  • Shift consumer access toward non-disposable options, while ensuring some self-service access remains for non-bundled single-use items.
  • Require regulatory guidelines to implement and enforce these changes.

Key provisions

  • New Chapter 21P (Massachusetts Plastics Reduction Act): The General Laws are amended to add Chapter 21P, defining terms and setting obligations related to disposable food service ware.

  • Definitions (Section 1):

    • “Customer”: person who purchases or receives goods/services.
    • “Department”: Massachusetts Department of Environmental Protection (MassDEP).
    • “Disposable”: designed for single or limited use; not intended for long-term reuse.
    • “Food service ware”: disposable items used for serving/transporting foods or beverages, including plates, bowls, cups, trays, cartons, utensils, straws, napkins, condiment containers, etc.; excludes detachable lids for beverage cups or food containers, coolers, and ice chests.

  • Restrictions on disposalware (Section 2):

    • Retailers/charging entities shall not provide disposable food service ware to customers unless requested.
    • Exception: disposable ware may be provided for self-service to allow access to non-bundled, single-use ware.

  • Regulatory authority (Section 3):

    • MassDEP must promulgate regulations to implement and enforce the act.

  • Black plastic prohibition (amendment to 21P, Section 2(c)):

    • No food service ware provided under this act may be made from black plastic.
    • Exception: does not apply to prepared food packaged outside the Commonwealth.

  • Effective date (Section 3):

    • The new provisions related to Section 2 take effect January 1, 2027.

Effective date and implementation timeline

  • Regulations to be issued by MassDEP to implement and enforce the act.
  • Provisions prohibiting black plastic ware apply by January 1, 2027.
  • Overall compliance will require retailers and service providers to adjust procurement to non-black, non-disposable options or regulate disposable ware availability by customer request.

Who is affected

  • Retailers, restaurants, cafes, vending operators, and other entities that provide food service ware.
  • Customers who receive food service ware from such entities (restricted to when requested).
  • MassDEP, which will regulate and enforce compliance.
  • Packaging and ware manufacturers, particularly those supplying black plastic products for food service.

Legislative and procedural status

  • Filed: January 14, 2025 (Senate Docket No. 771).
  • Referred: Environment and Natural Resources committee (February 27, 2025).
  • House: Concurred (status indicates alignment with Senate version).

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

Sign in to ask a question.