SECTION 1. Section 321 of Chapter 94 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the definitions for “beverage” and “beverage container”, and inserting in place thereof the following definitions:—

“Beverage”, soda water or similar carbonated soft drinks; non-carbonated beverages including mineral water, flavored and unflavored water, spring water, vitamin water, and other water beverages, tea, sports drinks, isotonic drinks, natural fruit juices; beer and other malt beverages; and all other non-alcoholic carbonated and noncarbonated drinks in liquid form intended for human consumption except wine, milk, or beverages that are primarily derived from dairy products, infant formula, and FDA-approved medicines.

“Beverage container”, any sealable bottle, can, jar, or carton which is primarily composed of glass, metal, plastic, or any combination of those materials and is produced for the purpose of containing a beverage, which, at the time of sale, contains thirty-four ounces or less of a beverage. This definition shall not include containers made of paper-based biodegradable material and aseptic multi-material packaging.

SECTION 2. Section 321 of Chapter 94 of the General Laws, as appearing in the 2004 Official Edition is hereby amended by striking out the words “sixteen fluid ounces or more, but less than five gallons”, beginning in line 30, and inserting in place thereof the following the words:- equal to or greater than four ounces but less than or equal to thirty-four ounces.

SECTION 3. Section 321 of Chapter 94 of the General Laws, as appearing in the 2004 Official Edition is hereby amended by striking the words “eight ounces or more but less than five gallons”, in line 35, and inserting in place thereof the following words:- equal to or greater than four ounces but less than or equal to thirty-four ounces.

SECTION 4: This act shall take effect on December first, two thousand and nine.