An Act to expand the bottle bill

1 of 3 HOUSE DOCKET, NO. 4039 FILED ON: 2/19/2021 HOUSE . . . . . . . . . . . . . . . No. 3289 The Commonwealth of Massachusetts _________________ PRESENTED BY: Marjorie C. Decker _________________ 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. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: DATE ADDED: Marjorie C. Decker 25th Middlesex 2/19/2021 Michelle L. Ciccolo 15th Middlesex 2/19/2021 Jack Patrick Lewis 7th Middlesex 2/19/2021 David Henry Argosky LeBoeuf 17th Worcester 2/22/2021 Patrick Joseph Kearney 4th Plymouth 2/22/2021 Lori A. Ehrlich 8th Essex 2/24/2021 Natalie M. Blais 1st Franklin 2/25/2021 Jason M. Lewis Fifth Middlesex 2/25/2021 Jessica Ann Giannino 16th Suffolk 2/25/2021 Steven C. Owens 29th Middlesex 2/25/2021 Sally P. Kerans 13th Essex 2/26/2021 David M. Rogers 24th Middlesex 2/26/2021 David Allen Robertson 19th Middlesex 2/26/2021 Nika C. Elugardo 15th Suffolk 2/26/2021 Daniel J. Ryan 2nd Suffolk 3/10/2021 Carmine Lawrence Gentile 13th Middlesex 3/14/2021 Adrian C. Madaro 1st Suffolk 3/16/2021 Lindsay N. Sabadosa 1st Hampshire 3/16/2021 2 of 3 Ruth B. Balser 12th Middlesex 3/16/2021 Mindy Domb 3rd Hampshire 3/18/2021 Sean Garballey 23rd Middlesex 3/30/2021 Tram T. Nguyen 18th Essex 4/6/2021 Thomas M. Stanley 9th Middlesex 4/8/2021 Kip A. Diggs 2nd Barnstable 4/13/2021 Tommy Vitolo 15th Norfolk 4/14/2021 Mike Connolly 26th Middlesex 4/14/2021 Christopher Hendricks 11th Bristol 4/14/2021 Andres X. Vargas 3rd Essex 4/16/2021 Smitty Pignatelli 4th Berkshire 4/16/2021 Paul F. Tucker 7th Essex 4/16/2021 Mathew J. Muratore 1st Plymouth 4/20/2021 Tricia Farley-Bouvier 3rd Berkshire 4/22/2021 Carol A. Doherty 3rd Bristol 4/24/2021 Kate Lipper-Garabedian 32nd Middlesex 4/26/2021 Tami L. Gouveia 14th Middlesex 5/10/2021 Natalie M. Higgins 4th Worcester 5/10/2021 Danillo A. Sena 37th Middlesex 5/17/2021 Michelle M. DuBois 10th Plymouth 5/18/2021 Sal N. DiDomenico Middlesex and Suffolk 5/18/2021 Kathleen R. LaNatra 12th Plymouth 7/20/2021 Michael P. Kushmerek 3rd Worcester 7/21/2021 Marcos A. Devers 16th Essex 8/3/2021 Rebecca L. Rausch Norfolk, Bristol and Middlesex 9/22/2021 Erika Uyterhoeven 27th Middlesex 9/23/2021 Vanna Howard 17th Middlesex 9/28/2021 Edward R. Philips 8th Norfolk 9/28/2021 Christina A. Minicucci 14th Essex 10/6/2021 Dylan A. Fernandes Barnstable, Dukes and Nantucket 10/27/2021 Julian Cyr Cape and Islands 10/28/2021 James K. Hawkins 2nd Bristol 11/5/2021 James B. Eldridge Middlesex and Worcester 11/19/2021 Christine P. Barber 34th Middlesex 12/6/2021 Steven G. Xiarhos 5th Barnstable 12/15/2021 David Paul Linsky 5th Middlesex 12/16/2021 Kay Khan 11th Middlesex 12/21/2021 Mary S. Keefe 15th Worcester 12/22/2021 Jacob R. Oliveira 7th Hampden 1/3/2022 3 of 3 Jon Santiago 9th Suffolk 1/13/2022 Walter F. Timilty Norfolk, Bristol and Plymouth 1/20/2022 William J. Driscoll, Jr. 7th Norfolk 1/27/2022 Brian W. Murray 10th Worcester 1/27/2022 James Arciero 2nd Middlesex 3/15/2022 Steven Ultrino 33rd Middlesex 3/18/2022 Jamie Zahlaway Belsito 4th Essex 3/28/2022 1 of 2 HOUSE DOCKET, NO. 4039 FILED ON: 2/19/2021 HOUSE . . . . . . . . . . . . . . . No. 3289 By Ms. Decker of Cambridge, a petition (accompanied by bill, House, No. 3289) of Marjorie C. Decker and others for legislation to expand the bottle bill to include any drinkable liquid intended for human oral consumption. Telecommunications, Utilities and Energy. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Second General Court (2021-2022) _______________ 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: 1 SECTION 1. Chapter 94 of the General Laws, as appearing in the 2018 Official Edition, 2 is hereby amended in section 321 by striking the definitions of Beverage and Beverage 3 Container, inclusive, and inserting in place thereof the following definitions:- 4 "Beverage", any drinkable liquid intended for human oral consumption. This definition 5 shall not include nutritive drinks including milk (as defined in FDA 21 CFR 131.110), milk 6 substitutes, non-alcoholic fermented drinks and/or non-carbonated fruit juice made by producers 7 who sell less than 100,000 units a year, any drug regulated under the Federal Food, Drug, and 8 Cosmetic Act (21 U.S.C. 301 et seq.), infant formula, or a meal replacement liquid. 9 “Beverage Container”, any prepackaged container made of any material, including glass, 10 plastic, metal, or multi-material, the volume of which is not more than 102 ounces. This 11 definition shall not include beverage container packaging that is a carton, a pouch, or aseptic 12 packaging. 2 of 2 13 SECTION 2. Chapter 94 of the General Laws, as appearing in the 2018 Official Edition, 14 is hereby amended in section 322 by striking out the word “five” and inserting in place thereof 15 the word “ten”. 16 SECTION 3. Chapter 94 of the General Laws, as appearing in the 2018 Official Edition, 17 is hereby amended in section 323, in paragraph (b), by inserting after “returned.” the following 18 sentence:- “A redemption center or reverse vending machine is not obligated to count containers 19 or to pay a cash refund at the time the beverage container is returned as long as the amount of the 20 refund value due is placed into an account to be held for the benefit of the consumer and funded 21 in a manner that allows the consumer to obtain deposits due within 2 business days of the time of 22 the return.” 23 SECTION 4. Chapter 94 of the General Laws, as appearing in the 2018 Official Edition, 24 is hereby amended in section 325, paragraph (b), by striking out the word “five” and inserting in 25 place thereof the word “ten”. 26 SECTION 5. Chapter 94 of the General Laws, as appearing in the 2018 Official Edition, 27 is hereby amended in section 326, in the first paragraph, by inserting after “sections” the 28 following:- “and shall review handling fees within one year of the effective date of this act, and 29 every four years thereafter.” 30 SECTION 6. This Act shall take effect on December 31, 2021.