H 8415Pollution & Waste

Health and Safety - Plastic Waste Reduction Act

This bill bans restaurants and stores from using black plastic containers for takeout and food deliveries starting October 2026.

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Affected

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Introduced Apr 8, 2026Committee House Environment and Natural Resources

Plain-English Summary

This bill amends the state's Plastic Waste Reduction Act to ban the use of black plastic takeout containers. Starting October 1, 2026, restaurants, stores, and retail businesses will no longer be allowed to use these specific types of plastic containers, which are made from recycled or mineral-filled polypropylene, for customer takeout orders or food deliveries.

For younger readers

This bill makes a new rule for restaurants and stores. Starting in October 2026, they will not be allowed to give you your food in black plastic takeout containers when you bring food home or have it delivered. They will have to use different kinds of containers instead, like paper, cardboard, or clear plastic.

Who & Where It Applies

Impacted groups

Restaurant ownersRetail store ownersConsumers ordering takeoutFood delivery servicesPlastic container manufacturers

Impacted communities

All

Constitutional & Fiscal Check

None Likely. The state possesses broad police powers to regulate local commerce, environmental safety, and public health, which routinely includes the authority to ban specific types of commercial packaging or single-use plastics.

Estimated cost

None

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Reduces plastic waste and environmental pollution by banning a specific type of hard-to-recycle plastic, supporting broader ecological health and sustainability goals.
Protects marginalized communities who are disproportionately affected by plastic manufacturing, waste incineration, and landfill pollution by reducing the demand for these harmful plastics.
Encourages systemic reform in the food service industry by forcing businesses to transition to more sustainable, environmentally friendly, and potentially compostable takeout packaging alternatives.
May increase operational costs for small, minority-owned, or low-income restaurant owners who currently rely on cheap black plastic containers, potentially hurting their businesses.
Could lead to increased food prices for consumers if businesses pass on the higher costs of alternative packaging, disproportionately affecting low-income families.
Fails to provide state funding or subsidies to help small businesses transition to more sustainable packaging alternatives, placing the entire financial burden on local establishments.

For Conservatives

Provides a long lead time (until October 2026) before the ban takes effect, allowing businesses ample time to use up existing inventory and find market-based alternatives without immediate disruption.
Does not create any new government subsidy programs or taxpayer-funded assistance to help businesses transition, thereby limiting government spending and reliance on state handouts.
Narrowly defines the prohibited items specifically as "black plastic takeout containers" made from polypropylene, allowing businesses the freedom to choose from a wide variety of other packaging materials.
Imposes unnecessary government regulations on private businesses, stripping restaurant and store owners of the freedom to choose the most cost-effective packaging for their products.
Intervenes in the free market by artificially banning a specific product, which will likely force businesses to purchase more expensive alternatives and hurt their profit margins.
Restricts consumer choice and convenience by eliminating a durable and popular option for takeout and food delivery containers through a state mandate.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 10 additions

SECTION 1. Chapter 23-19.18 of the General Laws entitled "Plastic Waste Reduction Act" is hereby amended by adding thereto the following section: 23-19.18-7. Prohibition on black plastic takeout containers.

(a) As used herein, the term "black plastic takeout containers" means and refers to containers made from recycled polypropylene or mineral-filled polypropylene, and which are used for and to take out prepared foods or beverages from a restaurant, store, or other retail sales establishment.

(b) On and after October 1, 2026, restaurants, stores, and other retail sales establishments are prohibited from making any black plastic takeout containers available to customers for use to take out food or beverages from the establishment or restaurant. Restaurants, stores, and other retail sales establishments that make deliveries of goods from its premises to customers are prohibited from delivering food to customers in black plastic takeout containers

SECTION 2. This act shall take effect on October 1, 2026.