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| 2 | 2 | | HOUSE DOCKET, NO. 1590 FILED ON: 1/15/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3447 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Brian M. Ashe |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to containers, litter, ecology and nips (CLEAN Act). |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Brian M. Ashe2nd Hampden1/15/2025Francisco E. Paulino16th Essex1/15/2025 1 of 3 |
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| 16 | 16 | | HOUSE DOCKET, NO. 1590 FILED ON: 1/15/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3447 |
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| 18 | 18 | | By Representative Ashe of Longmeadow, a petition (accompanied by bill, House, No. 3447) of |
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| 19 | 19 | | Brian M. Ashe and Francisco E. Paulino for legislation to include nip bottles and certain other |
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| 20 | 20 | | containers in the bottle law. Telecommunications, Utilities and Energy. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE HOUSE, NO. 3684 OF 2023-2024.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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| 26 | 26 | | (2025-2026) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act relative to containers, litter, ecology and nips (CLEAN Act). |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 SECTION 1. Section 321 of chapter 94 of the General Laws, as appearing in the 2018 |
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| 32 | 32 | | 2Official Edition, is hereby amended by striking out the definitions of “Beverage” and “Beverage |
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| 33 | 33 | | 3container” and inserting in place thereof the following 2 definitions:- |
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| 34 | 34 | | 4 “Beverage”, soda water or similar carbonated soft drinks, mineral water, beer and other |
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| 35 | 35 | | 5malt beverages and alcoholic beverages sold in a miniature, but shall not include alcoholic |
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| 36 | 36 | | 6beverages other than beer and malt beverages as defined in chapter 138 and alcoholic beverages |
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| 37 | 37 | | 7sold in a miniature, dairy products, natural fruit juices or wine. |
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| 38 | 38 | | 8 “Beverage container”, any sealable bottle, can, jar or carton which is primarily composed |
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| 39 | 39 | | 9of glass, metal, plastic or any combination of those materials and is produced for the purpose of 2 of 3 |
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| 40 | 40 | | 10containing a beverage, including a miniature. This definition shall not include containers made of |
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| 41 | 41 | | 11biodegradable material. The department of environmental protection may adopt regulations to |
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| 42 | 42 | | 12further define beverage container. |
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| 43 | 43 | | 13 SECTION 2. Said section 321 of said chapter 94, as so appearing, is hereby further |
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| 44 | 44 | | 14amended by inserting after the definition of “Label” the following definition:- |
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| 45 | 45 | | 15 “Miniature”, any sealable bottle, can, jar or carton which is primarily composed of glass, |
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| 46 | 46 | | 16metal, plastic or any combination of those materials that has a capacity of not more than 100 |
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| 47 | 47 | | 17milliliters and is produced for the purpose of containing an alcoholic beverage. |
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| 48 | 48 | | 18 SECTION 3. Subsection (c) of section 323 of said chapter 94, as so appearing, is hereby |
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| 49 | 49 | | 19amended by striking out the words “one cent”, in line 13, and inserting in place thereof the |
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| 50 | 50 | | 20following figure:- 3 cents. |
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| 51 | 51 | | 21 SECTION 4. Subsection (d) of said section 323 of said chapter 94, as so appearing, is |
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| 52 | 52 | | 22hereby amended by striking out the words “one cent”, in line 20, and inserting in place thereof |
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| 53 | 53 | | 23the following figure:- 3 cents. |
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| 54 | 54 | | 24 SECTION 5. Subsection (e) of said section 323 of said chapter 94, as so appearing, is |
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| 55 | 55 | | 25hereby amended by striking out the words “one cent”, in line 37, and inserting in place thereof |
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| 56 | 56 | | 26the following figure:- 3 cents. |
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| 57 | 57 | | 27 SECTION 6. Said chapter 94 is hereby amended by inserting after section 323E the |
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| 58 | 58 | | 28following section:- |
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| 59 | 59 | | 29 Section 323F. No political subdivision of the commonwealth shall enact an ordinance or |
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| 60 | 60 | | 30by-law prohibiting the sale of miniatures; provided, however, that a city or town, which has 3 of 3 |
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| 61 | 61 | | 31adopted an ordinance or by-law prohibiting the sale of miniatures pursuant to the authority |
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| 62 | 62 | | 32conferred upon such city or town by general law or special act prior to the effective date of this |
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| 63 | 63 | | 33section may continue to exercise such authority, and this section shall not be construed to restrict |
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| 64 | 64 | | 34the authority of any such city or town to amend or repeal any ordinance or by-law in accordance |
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| 65 | 65 | | 35with the provisions of such special act. |
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