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S 554

Relates to recordkeeping requirements for second-hand dealers, scrap processors and pawnbrokers

2025 Regular Session Introduced by John Liu

Massachusetts would ban black plastic food service ware and require customers to request disposable items, reducing single-use plastics in many venues.

REFERRED TO CONSUMER PROTECTION
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Bill Summary · S 554

Summary — S.554: Massachusetts Plastics Reduction Act (An Act to reduce plastic packaging waste)

Status: Introduced Feb 12, 2025; REFERRED TO CONSUMER PROTECTION. Hearing scheduled 05/06/2025. Accompanied by a new draft (S.2541) 06/23/2025.
Primary sponsor (filed): Cynthia Stone Creem.

Purpose

To reduce single‑use plastic waste from food service packaging by restricting when and how disposable food service ware is provided to customers and by banning certain types of plastic food service ware (black plastic) for items distributed inside the Commonwealth.

Key provisions

  • Creates Chapter 21P — “Massachusetts Plastics Reduction Act” in the General Laws.
  • Definitions included for: Customer, Department (Mass. Department of Environmental Protection), Disposable, and Food service ware. “Food service ware” covers disposable plates, bowls, cups, cartons, hinged containers, straws, stirrers, utensils, napkins, film wrap, etc. Detachable lids and coolers are excluded.
  • Provision limiting distribution:
    • A retailer or “charging entity” shall not provide a customer with disposable food service ware unless the customer requests it.
    • Exception: retailers/charging entities may offer single‑use food service ware in self‑service stations where customers may obtain non‑bundled items themselves.
  • Regulatory authority:
    • The Department of Environmental Protection shall promulgate regulations to implement and enforce the chapter.
  • Material restriction:
    • Food service ware provided under the chapter may not be made from black plastic.
    • Exception: the black-plastic prohibition does not apply to prepared food packaged outside the Commonwealth.
  • Effective date:
    • Section 2 (the customer‑request requirement and self‑service allowance) takes effect January 1, 2027.

Who would be affected

  • Retailers, restaurants, food trucks, cafeterias, grocery prepared‑food counters, delivery/ takeout businesses and any “charging entity” that provides disposable food service ware in Massachusetts.
  • Suppliers and manufacturers of disposable food service ware, especially producers of black plastic items and single‑use plastics.
  • Consumers who will need to request utensils, napkins, straws, etc., or use self‑service stations.

Potential impacts and considerations

  • Expected reduction in single‑use plastic distribution and associated litter and recycling contamination.
  • Operational changes for businesses: revised point‑of‑sale procedures, signage, employee training, inventory changes (e.g., switching to non‑black recyclable/compostable alternatives).
  • Compliance and enforcement details (penalties, reporting, specific definitions such as “charging entity”) are to be set by DEP regulations and are not specified in the bill text.
  • The carve‑out for out‑of‑state packaged prepared food could limit scope of the black‑plastic ban for some supply chains.

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

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