Somerville, MA Single-Use Items: Polystyrene Foam Rules (2026)
Key Facts
- 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
Summary
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.
Except as provided herein, on and after the date that is one year from the enactment of this division: (1) Food establishments are prohibited from dispensing prepared food to customers in disposable food service containers made from expanded polystyrene; (2) City departments or agencies shall not purchase or use disposable food service containers made from expanded polystyrene while in the performance of official city duties; and (3) Individuals, contractors, vendors, or other entities shall not use disposable food service containers made from expanded polystyrene in a city facility while acting or performing under a city contract, lease, license, permit, grant, or other agreement.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Zoning Ordinances: Revision - CodeBank PDF Post).
Full Breakdown
Chapter 9, Division 2 of the Somerville Code of Ordinances outlaws expanded polystyrene disposable food service containers citywide. 002) to dispense prepared food to customers in containers made from expanded polystyrene, including plates, cups, bowls, trays, hinged or lidded containers, and utensils. The prohibition also reaches city government directly: city departments and agencies cannot purchase or use polystyrene food containers in official duties, and any contractor, vendor, or entity performing under a city contract, lease, license, permit, or grant cannot use them in a city facility.
The only carve-out is personal use: city employees may still buy or use polystyrene containers for themselves. Under Section 9-103, the Director of Environment and Sustainability keeps a running list of affordable biodegradable, compostable, or recyclable alternatives that establishments can switch to, updated regularly as products enter the market. The ordinance took effect May 23, 2013, with the operative ban phased in one year after enactment to give food establishments time to exhaust existing inventory and transition suppliers.
Violations & Fines
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.
Frequently Asked Questions
Can a Somerville restaurant still use foam takeout boxes?
Does the ban apply to city departments too?
Is there any exception to Somerville's polystyrene ban?
Sources & Official References
Other rules in Somerville
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Polystyrene Foam Rules in Nearby Cities
How other cities in this county handle polystyrene foam rules.