Proposed By-Law

SUMMARY:

This by-law will prohibit: 

  1. Food establishments in Hudson from using, selling, or otherwise distributing either polystyrene in foam or extruded form, rigid black plastic food service ware (e.g. cups, clam shells, plates) or knives, forks and spoons. 
  2. Food establishments in Hudson from distributing plastic utensils, straws, stirrers, splash sticks and chopsticks. Food establishments may distribute non-plastic straws, stirrers, splash sticks or chopsticks only on customer request. 
  3. Retail establishments in Hudson of greater than 10,000 square feet from selling disposable plastic straws, stirrers, splash sticks or chopsticks unless non-plastic or reusable alternatives are also available and displayed nearby. 
  4. Retail establishments in Hudson from selling polystyrene packing materials including but not limited to packing peanuts. 

The prohibited items listed above are neither recyclable at the Hudson Transfer Station, nor are they recyclable or compostable through private recycling or composting companies.

Effective Date: January 1, 2026

FULL TEXT:

Amend General By-Laws – Non-Recyclable Plastic Reduction (Majority vote)

To see if the Town will vote to amend the General By-Laws by adding a new Chapter titled “Non-Recyclable Plastic Reduction By-Law” to read as follows or take any other action relative thereto. 

NON-RECYCLABLE PLASTIC REDUCTION BY-LAW 

Section I. Purpose and Intent

Disposable food service ware such as takeout containers, utensils like forks and straws, and trays made of foam polystyrene, solid polystyrene, and black solid plastics have a negative impact on our environment and are a potential health hazard. 

Most foam polystyrene, black solid polystyrene and disposable plastic black utensils are not biodegradable, compostable, or able to be recycled in the Town of Hudson. 

The purpose of this By-Law is to eliminate the usage of foam polystyrene, black solid polystyrene, and black plastic in food service ware and packaging material by all food establishments and retail establishments in the Town of Hudson by January 1, 2026, and to promote the use of less toxic, more durable, reusable, recyclable, biodegradable, and/or compostable alternatives.

Section II. Definitions 

The following words shall have the following meanings for purpose of this By-Law: 

“Black plastic” shall mean containers or utensils which are primarily black in color (i.e. having a reflectance value of less than 6% in the visible spectrum (400-700 nm)) that are typically used by food service establishments for takeout food orders and for consumers to take home food left over when dining in.

“Compostable” and “biodegradable” utensils shall include those not made from synthetic polymers, but solely from plant-based materials, such as wood, paper, or other plant products.

“Disposable Food Service Ware” shall mean a) products for heating, storing, packaging, serving, consuming, or transporting prepared or ready-to consume food or beverages including, but not limited to, bowls, plates, trays, cartons, cups, lids, hinged or lidded containers, knives, forks and spoons made from foam polystyrene or black plastic that are primarily for single-use and are not meant to be adequately and repeatedly cleaned and sanitized for reuse. This includes any polystyrene or black plastic containers used by food establishments to heat, cook, or store food or beverages prior to serving, regardless of whether such containers are used to serve such food or beverages. b) disposable plastic utensils. 

“Disposable plastic utensil” shall mean a drinking straw, stirrer, splash stick or chopstick that is made predominantly from synthetic polymers and is not a reusable utensil. 

“Foam polystyrene” means a non-biodegradable petrochemical thermoplastic made from aerated forms of polystyrene and includes several methods of manufacture.

Expanded polystyrene (EPS) or extruded polystyrene (XPS) are forms of polystyrene. Extruded polystyrene is also referred to as ‘rigid polystyrene.’  “Styrofoam” is a Dow Chemical Co. trademarked form of extruded polystyrene and is commonly used to refer to foam polystyrene. These are generally used to make insulated cups, bowls, trays, clamshell containers, meat trays, foam packing materials and egg cartons. The products are sometimes identified by a #6 resin code on the Bottom. Polystyrene may be dyed with black carbon or other coloration. 

“Food Establishment” shall mean any operation that serves, vends, or otherwise provides food or other products to third parties for consumption and/or use on or off the premises, whether or not a fee is charged, but not including the service of food within a home or other private setting. Any facility requiring a food permit in accordance with the Massachusetts State Food Code, 105 CMR 590.000, et seq. and/or regulations of the Hudson Board of Health shall be considered a “food establishment” for purposes of this By-Law. 

“Health Agent” shall mean the Health Agent for the Hudson Board of Health or his/her designee.  

“Packing Material” shall mean material used to hold, cushion, or protect items packed in a container for shipping transport or storage.

“Prepared Food” shall mean food or beverages, which are serviced, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared (collectively “prepared”) for individual customers or consumers. Prepared Food does not include raw eggs or raw, butchered meats, fish, seafood, and/or poultry.

“Retail Establishment” shall mean any business facility that sells goods directly to the
consumer, whether or not for profit

“Reusable utensil” shall mean a spoon, fork, knife, chopsticks, or drinking straw that is manufactured from durable materials and is designed to be adequately and repeatedly cleaned and sanitized for reuse. 

Section III. Regulated Conduct 

1. After January 1, 2026, Food Establishments in the Town of Hudson may not:

a. use, sell, or otherwise distribute disposable food service ware made from foam polystyrene or black plastic

b. provide a disposable non-plastic utensil or single use condiment container to a customer, except upon that customer’s specific request for such items or if the item is selected by a customer from a self-service dispenser.

2. After January 1, 2026, Retail Establishments in the Town of Hudson may not sell, offer for sale, or otherwise distribute: 

a. disposable food service ware made from foam polystyrene or black plastic.

b. meat trays, fish trays, seafood trays, vegetable trays, or egg cartons made in whole or in any part with foam polystyrene or solid black plastic. 

3. After January 1, 2026, Retail Establishments in the Town of Hudson greater than 10,000 square feet may not sell disposable plastic utensils unless equivalent non-plastic or reusable utensils are available for sale and are clearly labeled such that any customer can easily distinguish among the single-use plastic, disposable non-plastic, and reusable items. 

4. After January 1, 2026, Retail Establishments in the Town of Hudson may not sell or offer for sale packing materials, including packing peanuts, made from foam polystyrene.  However, this does not preclude 

a. Reusing packing materials for shipping, transport, or storage within the same business or distribution system as long as those packing materials are only sent to customers or end users as dunnage and not as a product for sale.  

b. Receiving shipments within the Town of Hudson that include polystyrene foam used as a packing material, provided that the goods were not packaged or repackaged within Hudson. 

Section IV. Exemptions 

1. Nothing in this By-Law shall prohibit individuals from using disposable food service ware made of polystyrene or black plastic that has been purchased outside the Town of Hudson for personal use.

2. Nothing in this By-Law shall prohibit individuals from bringing and using their own personal utensils of any type for personal use in a food establishment. 

3. Prepared food packaged outside the Town of Hudson is exempt from the provisions of this By-Law, provided that it is sold or otherwise provided to the consumer in the same disposable food service ware in which it was originally packaged, and that the prepared food has not been altered or repackaged 

4. The Board of Health or health agent may exempt a food establishment or retail establishment from any provision of this By-Law for a period of up to six months upon written application by the owner or operator of that establishment. No exemption will be granted unless the Board of Health or health agent finds that (1) strict enforcement of the provision for which the exemption is sought would cause undue hardship; or (2) the food establishment or retail establishment requires additional time to draw down an existing inventory of a specific item regulated by this By-Law. 

5. Medical facilities, nursing homes, assisted living, and residential care facilities are exempt from this prohibition regarding plastic straws. 

For purposes of this By-Law, “undue hardship” shall mean a situation unique to a food establishment or retail establishment in which there are no reasonable alternatives to the use of materials prohibited by this By-Law, and that compliance with this By-Law would create significant economic hardship for the Establishment. 

Section V. Enforcement

The Health Agent for the Hudson Board of Health or his/her designee shall have authority to enforce this Act and any regulations promulgated thereunder. 

The Town may enforce this By-Law or enjoin violations thereof through any lawful process or combination of processes, and the election of one remedy by the Town shall not preclude enforcement through any other lawful means. 

Violations of this By-Law are punishable by a fine of up to $300 per violation. Each successive 15-day period of noncompliance will count as a separate violation. If non-criminal disposition is elected, then any Food or Retail Establishment that violates any provision of this By-Law shall be subject to the following penalties: 

  • First Offense: written warning 
  • Second Offense: $50 penalty 
  • Third and each subsequent offense: $300 penalty

Section VI. Enforcement Process

Health Agents shall have the authority to enforce this By-Law. Violation of this By-Law may be subject to a non-criminal disposition fine as specified in Appendix A of the Regulations for Enforcement of Town By-Laws under M.G.L Chapter 40, 21D and the By-Law for Non-Criminal Disposition of Violations. Not more than one fine shall be assessed within a fifteen (15) day period per retail establishment. Any such fines shall be paid to the Town of Hudson within 15 days of receipt. 

The Board of Health may adopt and amend rules and regulations to effectuate the purposes of this By-Law. 

Section VII. Interaction with Other Laws 

In the case of a conflict between the requirements of this By-Law and any other federal, state, or local law concerning the materials regulated herein, the more stringent requirements shall apply. 

Section VIII. Severability 

If any provision of this By-Law is declared invalid or unenforceable the other provisions shall not be affected thereby. 

Effective January 1, 2026.