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| 2 | 2 | | SENATE DOCKET, NO. 102 FILED ON: 1/7/2025 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1588 |
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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 | | Michael O. Moore |
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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 chemicals in food packaging. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Michael O. MooreSecond WorcesterJames B. EldridgeMiddlesex and Worcester3/3/2025 1 of 3 |
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| 16 | 16 | | SENATE DOCKET, NO. 102 FILED ON: 1/7/2025 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1588 |
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| 18 | 18 | | By Mr. Moore, a petition (accompanied by bill, Senate, No. 1588) of Michael O. Moore and |
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| 19 | 19 | | James B. Eldridge for legislation relative to chemicals in food packaging. Public Health. |
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| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 21 | 21 | | SEE SENATE, NO. 1431 OF 2023-2024.] |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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| 25 | 25 | | (2025-2026) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act relative to chemicals in food packaging. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 SECTION 1. Chapter 94B of the General Laws, as appearing in the 2022 Official |
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| 31 | 31 | | 2Edition, is hereby amended by inserting after section 10 the following section:- |
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| 32 | 32 | | 3 Section 11. (a) As used in this section, the following words shall have the following |
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| 33 | 33 | | 4meanings:- |
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| 34 | 34 | | 5 “Food package", a package or packaging component that is intended for the marketing, |
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| 35 | 35 | | 6protection or handling of a product intended for food contact or used to store food and foodstuffs |
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| 36 | 36 | | 7for sale. |
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| 37 | 37 | | 8 "Manufacturer", a person, firm, association, partnership, government entity, organization, |
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| 38 | 38 | | 9joint venture or corporation that applies a package to a product for distribution or sale. 2 of 3 |
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| 39 | 39 | | 10 "Package", a container providing a means of marketing, protecting, or handling a product |
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| 40 | 40 | | 11which shall include a unit package, an intermediate package, a package used for shipping or |
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| 41 | 41 | | 12transport and unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil and other |
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| 42 | 42 | | 13trays, wrappers and wrapping films, bags, and tubs. |
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| 43 | 43 | | 14 "Packaging component", an individual assembled part of a package including, but not |
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| 44 | 44 | | 15limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior |
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| 45 | 45 | | 16strapping, coatings, closures, inks and labels. |
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| 46 | 46 | | 17 "Perfluoroalkyl and polyfluoroalkyl substances", a class of fluorinated organic chemicals |
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| 47 | 47 | | 18containing at least one fully fluorinated carbon atom. |
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| 48 | 48 | | 19 (b) No person or entity shall manufacture, knowingly sell, offer for sale, distribute for |
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| 49 | 49 | | 20sale or distribute for use in the commonwealth food packaging to which perfluoroalkyl and |
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| 50 | 50 | | 21polyfluoroalkyl substances have been intentionally added in any amount. |
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| 51 | 51 | | 22 (c) A certificate of compliance stating that a package or packaging component is in |
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| 52 | 52 | | 23compliance with the requirements of this section shall be furnished by its manufacturer or |
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| 53 | 53 | | 24supplier to its purchaser. The certificate of compliance shall be signed by an authorized officer of |
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| 54 | 54 | | 25the manufacturing or supplying company. The purchaser shall retain the certificate of |
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| 55 | 55 | | 26compliance for as long as the package or packaging component is in use. A copy of the |
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| 56 | 56 | | 27certificate of compliance shall be kept on file by the manufacturer or supplier of the package or |
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| 57 | 57 | | 28packaging component. Certificates of compliance, or copies thereof, shall be furnished to the |
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| 58 | 58 | | 29department of public health upon request and to members of the public in accordance with |
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| 59 | 59 | | 30section 9. 3 of 3 |
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| 60 | 60 | | 31 If the manufacturer or supplier of the package or packaging component reformulates or |
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| 61 | 61 | | 32creates a new package or packaging component, the manufacturer or supplier shall provide an |
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| 62 | 62 | | 33amended or new certificate of compliance for the reformulated or new package or packaging |
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| 63 | 63 | | 34component. |
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| 64 | 64 | | 35 SECTION 2. Subsection (b) of section 1 shall take effect on January 1, 2027. |
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| 65 | 65 | | 36 SECTION 3. Subsection (c) of said section 1 shall take effect 90 days after the effective |
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| 66 | 66 | | 37date of this act. |
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