Single-Use Items in Somerville, MA: What Residents Actually Need to Know

If you live in Somerville or are thinking about moving there, single-use items are one of those things you probably won't think about until they affect you directly. Somerville has 4 specific rules on the books covering different aspects of single-use items, and some of them might surprise you.

Utensils-On-Request

Plastic cutlery cannot be handed out with prepared food in Somerville unless a customer asks for it. Section 9-106.2 makes single-use forks, spoons, and knives request-only, with the cutlery provisions phased in on April 1, 2022.

Key details: Governing section: Sec. 9-106.2, Code of Ordinances. Cutlery effective date: April 1, 2022 (Ord. No. 2021-04). Rule: Plastic cutlery given only upon request. Retail carve-out: Stores may still sell plastic cutlery. Enforcing agency: Inspectional Services Dept., health division.

The health division of Inspectional Services enforces the rule and can issue citations under Section 9-106.4, with authority to inspect a food establishment's premises. A violating establishment's food service permit may be suspended or revoked after notice and a hearing before the permitting authority. Penalties run through the Section 1-11 general fine schedule, and multiple violations on one calendar day count as a single offense.

Polystyrene Foam Rules

Somerville bans food establishments from dispensing prepared food in expanded polystyrene (foam) containers, and bars city departments and city contractors from purchasing or using them. The ban is enforced by the Health Department and Inspectional Services Department.

Key details: Governing section: Sec. 9-102, Code of Ordinances. Enacted: May 23, 2013 (Ord. No. 2013-03). Enforcing agency: Health Dept. / Inspectional Services Dept.. Personal-use exception: City employees exempt for own use. Penalty basis: Sec. 1-11 general penalty schedule.

The Health Department and Inspectional Services Department enforce the ban and may issue citations under Section 9-104. A food establishment's food service permit can be suspended or revoked after notice and a hearing before the permitting authority. Fines follow the general penalty schedule in Section 1-11 of the Code, and multiple violations discovered on the same calendar day count as a single offense rather than stacking penalties.

This is one of the stricter rules in Somerville's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Plastic Straw Rules

Somerville food establishments cannot hand out plastic beverage straws with a meal unless a customer asks for one. Section 9-106.2 makes straws (and plastic stirrers and cutlery) request-only, enforced by Inspectional Services with permit suspension for repeat violators.

Key details: Governing section: Sec. 9-106.2, Code of Ordinances. Adopted: May 9, 2019 (Ord. No. 2019-09). Rule: Straws distributed only upon customer request. Signage duty: Post sign if self-serve items also offered. Enforcing agency: Inspectional Services Dept., health division.

Inspectional Services Department's health division has primary enforcement authority and may issue citations for each violation under Section 9-106.4. A noncompliant establishment's food service permit can be suspended or revoked after notice and a hearing. Fines run through the Section 1-11 general penalty schedule, and multiple violations on one calendar day count as a single offense.

Plastic Bag Rules

Somerville bans retail establishments from handing out disposable plastic shopping bags at checkout entirely, not a fee, a straight prohibition under Section 9-105.2. Stores can still sell reusable bags or offer recyclable paper bags at the register, and the ban phased in by store size back in 2016.

Key details: Rule type: Outright ban, not a bag fee. Covered bags: Petroleum or bio-based disposable plastic checkout bags. Exempt: Reusable bags, recyclable paper bags, produce bags. Effective: Aug. 24, 2016 (large stores); Nov. 24, 2016 (small). First violation: Warning with 14-day cure period, no fine.

Enforcement under Section 9-105.3 starts with a warning, not a fine: a retailer's first violation gets a written warning giving at least 14 days to come into compliance. Only after that warning period, and after waiting at least another 14 days from the warning before issuing a second-offense fine, can the city actually fine the store, with the penalty set under the general Section 1-11(b) noncriminal disposition schedule.

This is not one of those rules that cities tend to ignore. Somerville actively enforces its plastic bag rules requirements.

The Bottom Line

Somerville is tougher than many cities when it comes to single-use items. Out of the 4 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Somerville, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

Keep in mind that Somerville can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.