AN ACT RELATIVE TO LABELING OF PLASTIC BOTTLES AND CONTAINERS.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Section 321 of chapter 94 of the General Laws, as
appearing in the 1986 Official Edition, is hereby amended by inserting
after the definition of "Distributor" the following four definitions:-
"Label", a molded imprint or raised symbol on or near the bottom of a plastic product.
"Plastic", any material made of polymeric organic compounds and additives
that can be shaped by flow.
"Plastic bottle", a plastic container that has a neck that is smaller
than the body of the container, accepts a screwtype, snap cap or other
closure and has a capacity of sixteen fluid ounces or more, but less than five gallons.
"Rigid plastic container", any formed or molded container, other than a
bottle, intended for single use, composed predominantly of plastic resin
and having a relatively inflexible finite shape or form with a capacity of
eight ounces or more but less than five gallons.
SECTION 2. Said chapter 94 is hereby further amended by
inserting after section 323, as so appearing, the following section:-
Section 323A. No person shall distribute, sell or offer for sale
any plastic bottle or rigid plastic container, or any product
in such a bottle or container, unless such product bottle or container is
labeled with a code indicating the plastic resin used to produce the bottle
or container. Plastic bottles or rigid plastic containers with
labels and basecups of a different material shall be coded by their basic
material. Such code shall consist of a number placed within a triangle of
arrows and letters placed below the triangle of arrows. The triangle shall
be equilateral, formed by three arrows with the apex of each point of the
triangle at the midpoint of each arrow, rounded with a short radius. The
arrowhead of each arrow shall be at the midpoint of each side of the
triangle with a short gap separating the pointer from the base of the
adjacent arrow. The triangle, formed by the three arrows curved at their
midpoints shall depict a clockwise path around the code number. The numbers
and letters used shall be as follows:
(a) "1" - PETE (polyethylene terephthalate);
(b) "2" - HDPE (high density polyethylene);
(c) "3" - V (vinyl);
(d) "4" - LDPE (low density polyethylene);
(e) "5" - PP (polypropylene)
(f) "6" - PS (polystyrene);
(g) "7" - OTHER (includes multi-layer).
SECTION 3. Section 326 of said chapter 94, as so appearing, is
hereby amended by
adding the following paragraph:-
Said secretary shall determine through rules and regulations which
plastic bottles and rigid plastic containers may be exempt from the
labeling requirements of section three hundred and twenty-three A,
including but not limited to the following:
(1) readily identifiable plastic bottles and rigid plastic containers;
(2) plastic bottles and rigid plastic containers for which there is no
technological capability for recycling, reclamation or reuse; and
(3) plastic bottles and rigid plastic containers for which recycling,
reclamation or reuse is not economically feasible.
SECTION 4. The provisions of this act shall take effect on July
first, nineteen hundred and ninety-one.