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H 2394

An Act to restrict the use of polystyrene

194th Legislature (2025-2026) Introduced by Marjorie Decker and 8 co-sponsors

The bill bans polystyrene in disposable foodware starting Aug 1, 2026, requiring switch to alternatives and enabling fines and hardship deferments for compliance.

Bill reported favorably by committee and referred to the committee on House Ways and Means
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Bill Summary · H 2394

Summary of H.2394: An Act to Restrict the Use of Polystyrene

Overview

H.2394 proposes to phase out the use of polystyrene in disposable food service ware by prohibiting its sale, distribution, and use in Massachusetts beginning August 1, 2026. The bill defines key terms, sets enforcement mechanisms, and provides a deferment process for undue hardship cases. It targets both food establishments (restaurants, food service, and similar venues) and retail establishments that sell polystyrene food service ware.

Purpose and intent

  • To reduce reliance on polystyrene disposable containers and wares in the food industry.
  • To promote the use of alternative materials for serving, transporting, and packaging food and beverages.
  • To empower local enforcement authorities to regulate compliance through established penalties and a structured deferment process.

Key provisions

Definitions (Section 5T)

  • “Disposable food container”: Single-use disposable products used in the restaurant, food service, and food sales industries for serving, transporting, or packaging prepared, ready-to-consume, or uncooked food or beverages (examples include plates, cups, bowls, trays, hinged or lidded containers, straws, cup lids, utensils).
  • “Food establishment”: Operations that store, prepare, package, serve, vend, or provide food for human consumption, including permitted facilities under the State Food Code.
  • “Polystyrene”: A synthetic resin polymer of styrene used mainly for lightweight foams and solid containers.
  • “Prepared food”: Food or beverage prepared for consumption on the provider’s premises using cooking or other food preparation techniques (raw uncooked meat, fish, or eggs are excluded unless consumed without further prep).
  • “Retail establishment”: Any business that sells goods directly to consumers (grocery stores, pharmacies, liquor stores, convenience stores, restaurants, etc.).

Prohibitions and effective date (Section 5T(b)-(c))

  • On or after August 1, 2026, food establishments shall be prohibited from dispensing food to customers in disposable containers made from polystyrene.
  • On or after August 1, 2026, retail establishments shall be prohibited from selling or distributing polystyrene food service ware to customers.

Regulation and enforcement (Section 5T(d))

  • The state department must promulgate regulations to enforce the prohibition.
  • Penalties: Fines not to exceed $1,000 for a single violation.
  • Deferment process: Municipal health departments or their designees may grant one-year deferments for undue hardship, with annual renewals possible upon continued hardship. Deferments require documentation and may include conditions. Emergency or repeated hardship extensions are limited by the one-year cap.

Who is affected

  • Food establishments: Restaurants, food service providers, and any operation serving or packaging prepared or ready-to-consume food.
  • Retail establishments: Stores that sell polystyrene food service ware (e.g., grocery stores, pharmacies, convenience stores, etc.).
  • Municipal health departments: Administer deferments and enforce compliance with the new rules.

Implementation timeline and status

  • Introduced: February 27, 2025.
  • Referred to Public Health; later reported favorably by committee and referred to House Ways and Means (status as of July 24, 2025).
  • Hearing noted for June 11, 2025.
  • Related action: HD 1289 replaces this measure.
  • Final enforcement would follow adoption of regulations by the department and subsequent implementation starting August 1, 2026.

Potential impacts

  • Immediate shift for food and retail sectors toward alternative materials (e.g., paper, compostable or reusable options).
  • Administrative costs for compliance, labeling, and supplier changes.
  • Economic considerations for smaller establishments seeking deferment due to hardship.
  • Environmental and waste-stream benefits anticipated through reduced polystyrene use.

Note: The bill inserts a new Section 5T into Chapter 111 and relies on municipal health departments for deferment decisions and enforcement under state regulations.

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

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