Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H911 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 2380 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 911
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michelle L. Ciccolo
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to truth in labeling of recyclable and compostable goods.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Michelle L. Ciccolo15th Middlesex1/16/2025 1 of 7
16	16	HOUSE DOCKET, NO. 2380 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 911
18	18	By Representative Ciccolo of Lexington, a petition (accompanied by bill, House, No. 911) of
19	19	Michelle L. Ciccolo relative to deceptive or misleading claims regarding recyclability or
20	20	compostability of certain products and containers. Environment and Natural Resources.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act relative to truth in labeling of recyclable and compostable goods.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 The General Laws are hereby amended by inserting after chapter 21O the following
30	30	2chapter:
31	31	3 Chapter 21P
32	32	4 Section 1: Definitions
33	33	5 a. “ASTM” means the American society for testing and materials.
34	34	6 b. “Chasing arrows symbol” means an equilateral triangle, formed by three arrows curved
35	35	7at their midpoints, depicting a clockwise path, with a short gap separating the apex of each arrow
36	36	8from the base of the adjacent arrow. “Chasing arrows symbol” includes any similar symbols
37	37	9likely to be interpreted by a consumer as an implication of recyclability, including, but not
38	38	10limited to, one or more arrows arranged in a circular pattern or around a globe. 2 of 7
39	39	11 c. “Container” means any bottle, can, jar, case, package or other receptacle intended to
40	40	12hold, carry, or enclose fluids, food items or nonfood products.
41	41	13 d. “Department” means the Department of Environmental Protection
42	42	14 e. “EN” means the technical specifications and guidelines developed by the European
43	43	15Committee for Standardization.
44	44	16 f. “ISO” means the International Organization for Standardization.
45	45	17 g. “Label” is a written, printed, or graphic displayed on a product’s immediate container
46	46	18or wrapper that provides information about the product.
47	47	19 h. “Packaging material” means any package or container, regardless of recyclability or
48	48	20compostability, used for the containment, protection, delivery, presentation or distribution of a
49	49	21product to a consumer.
50	50	22 i. “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means substances that
51	51	23include any member of the class of fluorinated organic chemicals containing at least one fully
52	52	24fluorinated carbon atom.
53	53	25 j. ”Plastic” means a synthetic material made from fossil fuel or organic-based polymers,
54	54	26such as polyethylene, polystyrene, polypropylene and polycarbonate, that can be molded or
55	55	27blown into specific shapes.
56	56	28 k. “Plastic packaging material” means packaging material that is composed
57	57	29predominantly of plastic. 3 of 7
58	58	30 l. “Producer” means the following person responsible for compliance under this chapter
59	59	31for a product, sold, offered for sale, or distributed in or into the state:“Resin identification code”
60	60	32means a molded, imprinted or raised label on a plastic container or plastic packaging material
61	61	33indicating the type of plastic resin used to produce the container or packaging material.
62	62	34 (1) If the product is sold under the manufacturer's own brand or lacks identification of a
63	63	35brand, the producer is the person who manufactures the products;
64	64	36 (2) If the product is manufactured by a person other than the brand owners, the producer
65	65	37is the person that is the licensee of the brand or trademark under which a product is used in a
66	66	38commercial enterprise, sold, offered for sale, or distributed in or into the state, whether or not the
67	67	39trademark is registered in the state, unless the manufacturer or brand owner of the product has
68	68	40agreed to accept responsibility under this chapter; or
69	69	41 (3) If there is no person described in this subsection over whom the state can
70	70	42constitutionally exercise jurisdiction, the producer is the person who imports or distributes the
71	71	43product in or into the state.
72	72	44 m. “Resin identification code” means a molded, imprinted or raised label on a plastic
73	73	45container or plastic packaging material indicating the type of plastic resin used to produce the
74	74	46container or packaging material.
75	75	47 Section 2: Prohibition on Deceptive or Misleading Claims Regarding Recyclability of
76	76	48Products and Packaging
77	77	49 Except as otherwise provided in this section, beginning 1 year after the effective date of
78	78	50this act, a producer may not distribute, sell, or offer for sale in the State any container, or any 4 of 7
79	79	51product contained in, protected by, delivered in, presented in or distributed using packaging
80	80	52material for which a deceptive or misleading claim about the recyclability of the container or
81	81	53packaging material is made.
82	82	54 A container or packaging material is deemed to be recyclable in the State if:
83	83	55 (1)The material type and form are collected for recycling by recycling programs for
84	84	56jurisdictions that collectively encompass at least 60 percent of the population of the State;
85	85	57 (2) The material type and form are sorted into defined streams for recycling processes by
86	86	58large volume transfer or processing facilities that process materials that collectively serve at least
87	87	5960 percent of recycling programs statewide, with the aforementioned defined streams sent to and
88	88	60reclaimed at the reclaiming facility consistent with the requirements of the Basel Convention on
89	89	61the Control of Transboundary Movements of Hazardous Waste and their Disposal;
90	90	62 (3)It is designed to ensure recyclability and does not include any components, inks,
91	91	63adhesives, or labels that prevent the recyclability of the product or packaging;
92	92	64 (4) It does not contain any intentionally added chemical that impacts recyclability;
93	93	65 (5) It does not contain perfluoroalkyl or polyfluoroalkyl substances or PFAS;
94	94	66 Notwithstanding the requirements of this section, a container or packaging is considered
95	95	67recyclable in the state if the product or packaging has an acceptable demonstrated recycling rate
96	96	68as defined by the department of environmental protection through regulations the department
97	97	69shall promulgate considering in its rulemaking whether or not the materials of the product or
98	98	70packaging are routinely sorted and aggregated in the state and reprocessed into new products or
99	99	71packaging. 5 of 7
100	100	72 The provisions of this section shall not apply to:
101	101	73 The use of a chasing arrows symbol in combination with a clearly visible line placed at a
102	102	7445-degree angle over the chasing arrow symbol to convey that an item is not recyclable; or The
103	103	75use of a resin identification code placed inside a solid equilateral triangle.
104	104	76 Section 3: Prohibition on Deceptive or Misleading Claims Regarding Compostability of
105	105	77Certain Products and Containers
106	106	78 Except as otherwise provided in this section, beginning 1 year after the effective date of
107	107	79this act, a producer may not distribute, sell, or offer for sale in the State any container or any
108	108	80product contained in, protected by, delivered in, presented in, or distributed using packaging
109	109	81material for which a deceptive or misleading claim about the compostability of the container or
110	110	82packaging material is made.
111	111	83 A container, product, or packaging is considered compostable in the state if it meets at
112	112	84least one of the following standard specifications.
113	113	85 (1) ASTM standard specification D6400;
114	114	86 (2) ASTM standard specification D6868;
115	115	87 (3) ASTM standard specification D8410;
116	116	88 (4)ISO standard specification 17088;
117	117	89 (5) EN standard specification 13432;
118	118	90 (6)A standard specification that is substantially similar to those provided above, as
119	119	91determined by the department; or is composed only of raw or untreated wood, which includes 6 of 7
120	120	92renewable wood, or a fiber-based substrate that contains no plastic, plastic polymer or wax
121	121	93additives, or plastic wax coatings.
122	122	94 Section 4: Prohibition on the Use of Chasing Arrows Symbol for Compostable Products
123	123	95 A producer of packaging that is compostable, shall not market or advertise such
124	124	96packaging using a chasing arrows symbol, resin identification code, or recycling symbol of any
125	125	97form.
126	126	98 Section 5: Labeling Requirements for Compostable Products
127	127	99 A compostable product or packaging must feature a label that:
128	128	100 (1) Meets industry standards for being distributable upon quick inspection in both public
129	129	101sorting areas and in processing facilities. (2) Uses a logo indicating the product has been certified
130	130	102by a recognized third-party independent verification body as meeting the applicable standard
131	131	103specification; (3) Displays the words “compostable,” where possible, to indicate the product has
132	132	104been tested by a recognized third-party independent body and meets the applicable standard
133	133	105specification; and (4) Uses green, beige, or brown labeling, color stripping, or other green, beige,
134	134	106or brown symbols, colors, or tinting, marks, or design patterns that help differentiate
135	135	107compostable items from non-compostable items. (5) Distinguishes between commercial and
136	136	108residential composting as may be further defined by the department.
137	137	109 Section 6: Prohibition on the Use of Certain Terms on Plastic Products and Packaging
138	138	110 No person may sell, offer for sale, or distribute for use in the State a plastic container or
139	139	111plastic packaging material that is labeled with the terms “biodegradable,” “degradable,”
140	140	112decomposable,” “oxo-degradable,” or any similar form of these terms, or in any way impact that 7 of 7
141	141	113the plastic product or packaging will break down, fragment, biodegrade, or decompose in a
142	142	114landfill or other environment.
143	143	115 Section 7: Rulemaking
144	144	116 The Department shall adopt regulations to administer and enforce the provisions of this
145	145	117act.
146	146	118 Section 8: Enforcement
147	147	119 The Department is responsible for administering and enforcing the requirements of this
148	148	120act.
149	149	121 The Department shall issue a written warning to any person who violates the
150	150	122requirements of this act, or any rule or regulation adopted pursuant to it.
151	151	123 After receiving a warning, a person who subsequently violates the requirements of this
152	152	124act, or any rule or regulation adopted pursuant to it, shall be subject to a civil penalty of:
153	153	125 No more than $10,000 dollars for the second violation;
154	154	126 No more than $20,000 dollars for the third violation; and
155	155	127 No more than $40,000 dollars for the fourth violation.
156	156	128 Each day a violation occurs is considered a separate violation.