HOUSE DOCKET, NO. 4039        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3289

The Commonwealth of Massachusetts

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PRESENTED BY:

Marjorie C. Decker

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to expand the bottle bill.

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PETITION OF:

HOUSE DOCKET, NO. 4039        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3289

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act to expand the bottle bill.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 94 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended in section 321 by striking the definitions of Beverage and Beverage Container, inclusive, and inserting in place thereof the following definitions:-  

"Beverage", any drinkable liquid intended for human oral consumption. This definition shall not include nutritive drinks including milk (as defined in FDA 21 CFR 131.110), milk substitutes, non-alcoholic fermented drinks and/or non-carbonated fruit juice made by producers who sell less than 100,000 units a year, any drug regulated under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), infant formula, or a meal replacement liquid.

“Beverage Container”, any prepackaged container made of any material, including glass, plastic, metal, or multi-material, the volume of which is not more than 102 ounces. This definition shall not include beverage container packaging that is a carton, a pouch, or aseptic packaging.

SECTION 2. Chapter 94 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended in section 322 by striking out the word “five” and inserting in place thereof the word “ten”. 

SECTION 3. Chapter 94 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended in section 323, in paragraph (b), by inserting after “returned.” the following sentence:- “A redemption center or reverse vending machine is not obligated to count containers or to pay a cash refund at the time the beverage container is returned as long as the amount of the refund value due is placed into an account to be held for the benefit of the consumer and funded in a manner that allows the consumer to obtain deposits due within 2 business days of the time of the return.”

SECTION 4. Chapter 94 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended in section 325, paragraph (b), by striking out the word “five” and inserting in place thereof the word “ten”. 

SECTION 5. Chapter 94 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended in section 326, in the first paragraph, by inserting after “sections” the following:- “and shall review handling fees within one year of the effective date of this act, and every four years thereafter.” 

SECTION 6.  This Act shall take effect on December 31, 2021.