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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. Ciccolo15th Middlesex1/16/2025 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
2chapter:
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
7at their midpoints, depicting a clockwise path, with a short gap separating the apex of each arrow
8from the base of the adjacent arrow. “Chasing arrows symbol” includes any similar symbols
9likely to be interpreted by a consumer as an implication of recyclability, including, but not
10limited 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
12hold, 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
15Committee 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
18or wrapper that provides information about the product.
19 h. “Packaging material” means any package or container, regardless of recyclability or
20compostability, used for the containment, protection, delivery, presentation or distribution of a
21product to a consumer.
22 i. “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means substances that
23include any member of the class of fluorinated organic chemicals containing at least one fully
24fluorinated carbon atom.
25 j. ”Plastic” means a synthetic material made from fossil fuel or organic-based polymers,
26such as polyethylene, polystyrene, polypropylene and polycarbonate, that can be molded or
27blown into specific shapes.
28 k. “Plastic packaging material” means packaging material that is composed
29predominantly of plastic. 3 of 7
30 l. “Producer” means the following person responsible for compliance under this chapter
31for a product, sold, offered for sale, or distributed in or into the state:“Resin identification code”
32means a molded, imprinted or raised label on a plastic container or plastic packaging material
33indicating 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
35brand, 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
37is the person that is the licensee of the brand or trademark under which a product is used in a
38commercial enterprise, sold, offered for sale, or distributed in or into the state, whether or not the
39trademark is registered in the state, unless the manufacturer or brand owner of the product has
40agreed to accept responsibility under this chapter; or
41 (3) If there is no person described in this subsection over whom the state can
42constitutionally exercise jurisdiction, the producer is the person who imports or distributes the
43product in or into the state.
44 m. “Resin identification code” means a molded, imprinted or raised label on a plastic
45container or plastic packaging material indicating the type of plastic resin used to produce the
46container or packaging material.
47 Section 2: Prohibition on Deceptive or Misleading Claims Regarding Recyclability of
48Products and Packaging
49 Except as otherwise provided in this section, beginning 1 year after the effective date of
50this act, a producer may not distribute, sell, or offer for sale in the State any container, or any 4 of 7
51product contained in, protected by, delivered in, presented in or distributed using packaging
52material for which a deceptive or misleading claim about the recyclability of the container or
53packaging 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
56jurisdictions 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
58large volume transfer or processing facilities that process materials that collectively serve at least
5960 percent of recycling programs statewide, with the aforementioned defined streams sent to and
60reclaimed at the reclaiming facility consistent with the requirements of the Basel Convention on
61the 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,
63adhesives, 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
67recyclable in the state if the product or packaging has an acceptable demonstrated recycling rate
68as defined by the department of environmental protection through regulations the department
69shall promulgate considering in its rulemaking whether or not the materials of the product or
70packaging are routinely sorted and aggregated in the state and reprocessed into new products or
71packaging. 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
7445-degree angle over the chasing arrow symbol to convey that an item is not recyclable; or The
75use of a resin identification code placed inside a solid equilateral triangle.
76 Section 3: Prohibition on Deceptive or Misleading Claims Regarding Compostability of
77Certain Products and Containers
78 Except as otherwise provided in this section, beginning 1 year after the effective date of
79this act, a producer may not distribute, sell, or offer for sale in the State any container or any
80product contained in, protected by, delivered in, presented in, or distributed using packaging
81material for which a deceptive or misleading claim about the compostability of the container or
82packaging material is made.
83 A container, product, or packaging is considered compostable in the state if it meets at
84least 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
91determined by the department; or is composed only of raw or untreated wood, which includes 6 of 7
92renewable wood, or a fiber-based substrate that contains no plastic, plastic polymer or wax
93additives, 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
96packaging using a chasing arrows symbol, resin identification code, or recycling symbol of any
97form.
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
101sorting areas and in processing facilities. (2) Uses a logo indicating the product has been certified
102by a recognized third-party independent verification body as meeting the applicable standard
103specification; (3) Displays the words “compostable,” where possible, to indicate the product has
104been tested by a recognized third-party independent body and meets the applicable standard
105specification; and (4) Uses green, beige, or brown labeling, color stripping, or other green, beige,
106or brown symbols, colors, or tinting, marks, or design patterns that help differentiate
107compostable items from non-compostable items. (5) Distinguishes between commercial and
108residential 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
111plastic packaging material that is labeled with the terms “biodegradable,” “degradable,”
112decomposable,” “oxo-degradable,” or any similar form of these terms, or in any way impact that 7 of 7
113the plastic product or packaging will break down, fragment, biodegrade, or decompose in a
114landfill or other environment.
115 Section 7: Rulemaking
116 The Department shall adopt regulations to administer and enforce the provisions of this
117act.
118 Section 8: Enforcement
119 The Department is responsible for administering and enforcing the requirements of this
120act.
121 The Department shall issue a written warning to any person who violates the
122requirements 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
124act, 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.