HOUSE DOCKET, NO. 68        FILED ON: 1/6/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3684

The Commonwealth of Massachusetts

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PRESENTED BY:

Josh S. Cutler

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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 relative to containers, litter, ecology and nips (CLEAN Act).

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PETITION OF:

HOUSE DOCKET, NO. 68        FILED ON: 1/6/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3684

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3284 OF 2021-2022.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to containers, litter, ecology and nips (CLEAN Act).

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. Section 321 of chapter 94 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the definitions of “Beverage” and “Beverage container” and inserting in place thereof the following 2 definitions:-

“Beverage”, soda water or similar carbonated soft drinks, mineral water, beer and other malt beverages and alcoholic beverages sold in a miniature, but shall not include alcoholic beverages other than beer and malt beverages as defined in chapter 138 and alcoholic beverages sold in a miniature, dairy products, natural fruit juices or wine.

“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, including a miniature. This definition shall not include containers made of biodegradable material. The department of environmental protection may adopt regulations to further define beverage container.

SECTION 2. Said section 321 of said chapter 94, as so appearing, is hereby further amended by inserting after the definition of “Label” the following definition:-

“Miniature”, any sealable bottle, can, jar or carton which is primarily composed of glass, metal, plastic or any combination of those materials that has a capacity of not more than 100 milliliters and is produced for the purpose of containing an alcoholic beverage.

SECTION 3. Subsection (c) of section 323 of said chapter 94, as so appearing, is hereby amended by striking out the words “one cent”, in line 13, and inserting in place thereof the following figure:- 3 cents.

SECTION 4. Subsection (d) of said section 323 of said chapter 94, as so appearing, is hereby amended by striking out the words “one cent”, in line 20, and inserting in place thereof the following figure:- 3 cents.

SECTION 5. Subsection (e) of said section 323 of said chapter 94, as so appearing, is hereby amended by striking out the words “one cent”, in line 37, and inserting in place thereof the following figure:- 3 cents.

SECTION 6. Said chapter 94 is hereby amended by inserting after section 323E the following section:-

Section 323F. No political subdivision of the commonwealth shall enact an ordinance or by-law prohibiting the sale of miniatures; provided, however, that a city or town, which has adopted an ordinance or by-law prohibiting the sale of miniatures pursuant to the authority conferred upon such city or town by general law or special act prior to the effective date of this section may continue to exercise such authority, and this section shall not be construed to restrict the authority of any such city or town to amend or repeal any ordinance or by-law in accordance with the provisions of such special act.