An Act relative to truth in labeling of recyclable and compostable goods

1 of 1 HOUSE DOCKET, NO. 2380 FILED ON: 1/16/2025 HOUSE . . . . . . . . . . . . . . . No. 911 The Commonwealth of Massachusetts _________________ PRESENTED BY: Michelle L. Ciccolo _________________ 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 truth in labeling of recyclable and compostable goods. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: DATE ADDED: Michelle L. Ciccolo 15th Middlesex 1/16/2025 1 of 7 HOUSE DOCKET, NO. 2380 FILED ON: 1/16/2025 HOUSE . . . . . . . . . . . . . . . No. 911 By Representative Ciccolo of Lexington, a petition (accompanied by bill, House, No. 911) of Michelle L. Ciccolo relative to deceptive or misleading claims regarding recyclability or compostability of certain products and containers. Environment and Natural Resources. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act relative to truth in labeling of recyclable and compostable goods. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 The General Laws are hereby amended by inserting after chapter 21O the following 2 chapter: 3 Chapter 21P 4 Section 1: Definitions 5 a. “ASTM” means the American society for testing and materials. 6 b. “Chasing arrows symbol” means an equilateral triangle, formed by three arrows curved 7 at their midpoints, depicting a clockwise path, with a short gap separating the apex of each arrow 8 from the base of the adjacent arrow. “Chasing arrows symbol” includes any similar symbols 9 likely to be interpreted by a consumer as an implication of recyclability, including, but not 10 limited to, one or more arrows arranged in a circular pattern or around a globe. 2 of 7 11 c. “Container” means any bottle, can, jar, case, package or other receptacle intended to 12 hold, carry, or enclose fluids, food items or nonfood products. 13 d. “Department” means the Department of Environmental Protection 14 e. “EN” means the technical specifications and guidelines developed by the European 15 Committee for Standardization. 16 f. “ISO” means the International Organization for Standardization. 17 g. “Label” is a written, printed, or graphic displayed on a product’s immediate container 18 or wrapper that provides information about the product. 19 h. “Packaging material” means any package or container, regardless of recyclability or 20 compostability, used for the containment, protection, delivery, presentation or distribution of a 21 product to a consumer. 22 i. “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means substances that 23 include any member of the class of fluorinated organic chemicals containing at least one fully 24 fluorinated carbon atom. 25 j. ”Plastic” means a synthetic material made from fossil fuel or organic-based polymers, 26 such as polyethylene, polystyrene, polypropylene and polycarbonate, that can be molded or 27 blown into specific shapes. 28 k. “Plastic packaging material” means packaging material that is composed 29 predominantly of plastic. 3 of 7 30 l. “Producer” means the following person responsible for compliance under this chapter 31 for a product, sold, offered for sale, or distributed in or into the state:“Resin identification code” 32 means a molded, imprinted or raised label on a plastic container or plastic packaging material 33 indicating the type of plastic resin used to produce the container or packaging material. 34 (1) If the product is sold under the manufacturer's own brand or lacks identification of a 35 brand, the producer is the person who manufactures the products; 36 (2) If the product is manufactured by a person other than the brand owners, the producer 37 is the person that is the licensee of the brand or trademark under which a product is used in a 38 commercial enterprise, sold, offered for sale, or distributed in or into the state, whether or not the 39 trademark is registered in the state, unless the manufacturer or brand owner of the product has 40 agreed to accept responsibility under this chapter; or 41 (3) If there is no person described in this subsection over whom the state can 42 constitutionally exercise jurisdiction, the producer is the person who imports or distributes the 43 product in or into the state. 44 m. “Resin identification code” means a molded, imprinted or raised label on a plastic 45 container or plastic packaging material indicating the type of plastic resin used to produce the 46 container or packaging material. 47 Section 2: Prohibition on Deceptive or Misleading Claims Regarding Recyclability of 48 Products and Packaging 49 Except as otherwise provided in this section, beginning 1 year after the effective date of 50 this act, a producer may not distribute, sell, or offer for sale in the State any container, or any 4 of 7 51 product contained in, protected by, delivered in, presented in or distributed using packaging 52 material for which a deceptive or misleading claim about the recyclability of the container or 53 packaging material is made. 54 A container or packaging material is deemed to be recyclable in the State if: 55 (1)The material type and form are collected for recycling by recycling programs for 56 jurisdictions that collectively encompass at least 60 percent of the population of the State; 57 (2) The material type and form are sorted into defined streams for recycling processes by 58 large volume transfer or processing facilities that process materials that collectively serve at least 59 60 percent of recycling programs statewide, with the aforementioned defined streams sent to and 60 reclaimed at the reclaiming facility consistent with the requirements of the Basel Convention on 61 the Control of Transboundary Movements of Hazardous Waste and their Disposal; 62 (3)It is designed to ensure recyclability and does not include any components, inks, 63 adhesives, or labels that prevent the recyclability of the product or packaging; 64 (4) It does not contain any intentionally added chemical that impacts recyclability; 65 (5) It does not contain perfluoroalkyl or polyfluoroalkyl substances or PFAS; 66 Notwithstanding the requirements of this section, a container or packaging is considered 67 recyclable in the state if the product or packaging has an acceptable demonstrated recycling rate 68 as defined by the department of environmental protection through regulations the department 69 shall promulgate considering in its rulemaking whether or not the materials of the product or 70 packaging are routinely sorted and aggregated in the state and reprocessed into new products or 71 packaging. 5 of 7 72 The provisions of this section shall not apply to: 73 The use of a chasing arrows symbol in combination with a clearly visible line placed at a 74 45-degree angle over the chasing arrow symbol to convey that an item is not recyclable; or The 75 use of a resin identification code placed inside a solid equilateral triangle. 76 Section 3: Prohibition on Deceptive or Misleading Claims Regarding Compostability of 77 Certain Products and Containers 78 Except as otherwise provided in this section, beginning 1 year after the effective date of 79 this act, a producer may not distribute, sell, or offer for sale in the State any container or any 80 product contained in, protected by, delivered in, presented in, or distributed using packaging 81 material for which a deceptive or misleading claim about the compostability of the container or 82 packaging material is made. 83 A container, product, or packaging is considered compostable in the state if it meets at 84 least one of the following standard specifications. 85 (1) ASTM standard specification D6400; 86 (2) ASTM standard specification D6868; 87 (3) ASTM standard specification D8410; 88 (4)ISO standard specification 17088; 89 (5) EN standard specification 13432; 90 (6)A standard specification that is substantially similar to those provided above, as 91 determined by the department; or is composed only of raw or untreated wood, which includes 6 of 7 92 renewable wood, or a fiber-based substrate that contains no plastic, plastic polymer or wax 93 additives, or plastic wax coatings. 94 Section 4: Prohibition on the Use of Chasing Arrows Symbol for Compostable Products 95 A producer of packaging that is compostable, shall not market or advertise such 96 packaging using a chasing arrows symbol, resin identification code, or recycling symbol of any 97 form. 98 Section 5: Labeling Requirements for Compostable Products 99 A compostable product or packaging must feature a label that: 100 (1) Meets industry standards for being distributable upon quick inspection in both public 101 sorting areas and in processing facilities. (2) Uses a logo indicating the product has been certified 102 by a recognized third-party independent verification body as meeting the applicable standard 103 specification; (3) Displays the words “compostable,” where possible, to indicate the product has 104 been tested by a recognized third-party independent body and meets the applicable standard 105 specification; and (4) Uses green, beige, or brown labeling, color stripping, or other green, beige, 106 or brown symbols, colors, or tinting, marks, or design patterns that help differentiate 107 compostable items from non-compostable items. (5) Distinguishes between commercial and 108 residential composting as may be further defined by the department. 109 Section 6: Prohibition on the Use of Certain Terms on Plastic Products and Packaging 110 No person may sell, offer for sale, or distribute for use in the State a plastic container or 111 plastic packaging material that is labeled with the terms “biodegradable,” “degradable,” 112 decomposable,” “oxo-degradable,” or any similar form of these terms, or in any way impact that 7 of 7 113 the plastic product or packaging will break down, fragment, biodegrade, or decompose in a 114 landfill or other environment. 115 Section 7: Rulemaking 116 The Department shall adopt regulations to administer and enforce the provisions of this 117 act. 118 Section 8: Enforcement 119 The Department is responsible for administering and enforcing the requirements of this 120 act. 121 The Department shall issue a written warning to any person who violates the 122 requirements of this act, or any rule or regulation adopted pursuant to it. 123 After receiving a warning, a person who subsequently violates the requirements of this 124 act, or any rule or regulation adopted pursuant to it, shall be subject to a civil penalty of: 125 No more than $10,000 dollars for the second violation; 126 No more than $20,000 dollars for the third violation; and 127 No more than $40,000 dollars for the fourth violation. 128 Each day a violation occurs is considered a separate violation.