Massachusetts SD 1475: An Act to ban single use plastic applicators

Bill Text

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SENATE DOCKET, NO. 1475        FILED ON: 1/19/2023 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1449 
 
The Commonwealth of Massachusetts 
_________________ 
PRESENTED BY: 
Patrick M. O'Connor, (BY REQUEST) 
_________________ 
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General 
 Court assembled: 
 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: 
An Act to ban single use plastic applicators. 
_______________ 
PETITION OF: 
 
NAME: DISTRICT/ADDRESS: 
Freya Schlegel  

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SENATE DOCKET, NO. 1475        FILED ON: 1/19/2023 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1449 
By Mr. O'Connor (by request), a petition (accompanied by bill, Senate, No. 1449) of Freya 
Schlegel for legislation to ban single use plastic applicators.  Public Health. 
 
[SIMILAR MATTER FILED IN PREVIOUS SESSION 
SEE SENATE, NO. 2577 OF 2021-2022.] 
 
The Commonwealth of Massachusetts 
 
_______________
 
In the One Hundred and Ninety-Third General Court 
(2023-2024) 
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An Act to ban single use plastic applicators. 
 
 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows: 
 
1 SECTION 1. Chapter 111 of the General Laws, as appearing in the 2018 Official Edition, 
2is hereby amended by inserting after section 5S, the following section:- 
3 “Section 5T. (a) For the purposes of this section, the following terms shall have the 
4following meanings unless the context clearly requires otherwise: 
5 “Plastic disposable tampon applicator,” an applicator containing a single tampon 
6designed to be disposed after one use that is made of or contains plastic material, not including 
7any applicator made of biodegradable, plant-based, or cardboard materials.  
8 “Retail Establishment,” a commercial business facility that sells goods directly to the 
9consumer including but not limited to grocery stores, pharmacies, liquor stores, convenience 
10stores, restaurants, retail stores and vendors selling clothing, food, and personal items. 

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11 (b) On or after December 1, 2025, retail establishments shall be prohibited from selling or 
12distributing tampons that are packaged with plastic disposable tampon applicators. 
13 (c) A retail establishment may apply to the health department of the town or city in which 
14it operates, showing that the conditions of this provision would cause undue hardship. The local 
15health department or its designee may defer application of this provision for a retail 
16establishment for a one year period. An undue hardship shall mean a situation unique to the retail 
17establishment where there are no reasonable alternatives to the use of plastic disposable tampon 
18applicators and compliance with this provision would cause significant economic hardship to that 
19retail establishment. 
20 (d) The commissioner of the department of public health shall promulgate regulations for 
21the enforcement of this section, including, but not limited to, measures to increase access to and 
22availability of biodegradable or non-plastic tampon applicator alternatives. Regulations 
23promulgated under this section shall include fines, not to exceed one thousand dollars, for any 
24single violation of this section.” 
25 SECTION 2. This act shall go into effect immediately upon its passage.