Somerville, MA Single-Use Items: Utensils-On-Request (2026)
Key Facts
- 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
Summary
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.
Plastic cutlery means any utensil, such as a fork, spoon, spork, or knife, made predominantly of plastic derived from either petroleum or a biologically based polymer intended for only one time use... No food establishment shall dispense, distribute, or sell a plastic beverage straw, plastic stirrer, or plastic cutlery in conjunction with the sale or service of prepared food, except upon request of an individual.
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
Section 9-106.2 bars any food establishment from dispensing, distributing, or selling plastic cutlery in conjunction with the sale or service of prepared food except upon a customer's request. Plastic cutlery is defined as any one-time-use utensil, such as a fork, spoon, spork, or knife, made predominantly from petroleum-based or biologically based plastic polymer; wood or bamboo utensils fall outside the definition entirely. The rule reaches city departments and any contractor, vendor, or entity operating in a city facility under a city agreement, all of whom must also hold cutlery back unless requested.
Somerville added cutlery to what had been a straws-and-stirrers-only rule through Ordinance No. 2021-04, but delayed enforcement: Section 9-106.4(d) sets the cutlery prohibition's effective date at April 1, 2022, later than the rest of the ordinance, and it did not apply to schools until a year after that. Retail stores are carved out entirely and may still sell plastic cutlery under Section 9-106.2(b)(3). Other exemptions cover an individual's own personal use, pre-packaged meals that already include cutlery, health care facilities, and locally declared emergencies. The Director of the Office of Sustainability and Environment must publish a list of non-metal alternative utensil materials under Section 9-106.3.
Violations & Fines
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.
Frequently Asked Questions
Can a Somerville takeout order come with a plastic fork automatically?
When did Somerville's plastic cutlery request-only rule take effect?
Can a Somerville grocery or hardware store still sell plastic forks and spoons?
Sources & Official References
Other rules in Somerville
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