Massachusetts House Docket 3349 (2025) - (Introduced)

Packaging or Packaging Material means a discrete material or category of material, regardless of recyclability, including but not limited to such material types as paper, plastic, glass, metal, or multi-material, that is used for the containment, protection, handling, delivery, transport, distribution, or presentation of another product that is sold, offered for sale, imported, or distributed in the state.

Packaging does not include:

1. Medical devices and packaging which are included with products regulated as a drug, medical device, or dietary supplement by the United States Food and Drug Administration
2. Animal biologics, including vaccines, bacterins, antisera, diagnostic kits, and other products or biological origin, and other covered materials regulated by the United States Department of Agriculture
3. Packaging regulated by the Federal Insecticide, Fungicide, and Rodenticide Act
4. Beverage containers subject to a returnable container deposit, if applicable

A person or entity that manufactures or uses in commercial enterprise a product sold, offered for sale, contained, protected, delivered, presented, or distributed in or using packaging into the state under the brand of the manufacture is the producer.

If there is no brand, a person or entity that is not the manufacturer of the product, but is the owner or licensee of a trademark, regardless of whether the trademark is registered, under which a product is sold, offered for sale, contained, protected, delivered, presented, or distributed in or using packaging is the producer.

If there is no brand or licensee, a person or entity that imports a product that is contained, protected, delivered, or presented in packaging, into the United States or the state for use in commercial enterprise in the state is the producer.

Producer includes a franchisor of a franchise located in the state but does not include the franchisee operating that franchise.

A producer is exempt from the requirements and prohibitions of this act in a calendar year in which:
The producer realized less than $1,000,000 in total gross revenue during the prior calendar year or he producer sold, offered for sale, or distributed for sale products contained, protected, delivered, presented, or distributed in or using less than one ton of packaging material in total during the prior calendar year.

Packaging Reduction Organization means the non-profit entity or entities contracted by the Department and authorized to collect producer fees, assist producers with compliance with the requirements of this Act, provide technical assistance to producers, and implement the Packaging Reduction and Recycling Program for a period of ten years.

The Department shall contract with a non-profit, 501(c)(3) to act as the Packaging Reduction Organization.

Beginning one year after the first payments of fees by producers , and annually thereafter, the Packaging Reduction Organization shall distribute money from the Packaging Reduction Fund to reimburse local governments for the costs incurred for the management, reduction, and recycling of packaging waste, so long as the local government provides recycling services to all residents, businesses, schools, and institutions in their jurisdiction.

Local governments that contract with private haulers and recyclers to handle the management, reduction, and recycling of packaging waste are eligible for reimbursement, so long as the private hauler or recycler provides recycling services to all residents, businesses, schools, and institutions within the local government’s jurisdiction.

Fees shall be used to cover the total cost associated with the collection transportation, and management of each type of packaging material.

Fees shall be used for education and outreach programs.

Fees shall be used to fund the administration of this program.

Fees shall be used for projects and programs that will help achieve the packaging reduction requirements. The money allocated for projects and programs under this subsection shall be at least 50% of the money provided to local government. Funds may be used for investment in collection systems, transportation systems, reuse systems, washing systems, redistribution systems, technology for tracking and data collection, capital expenditures on new and emerging technology focused on reusable and refillable packaging, as well as equipment, and facilities, and other projects determined by the Department to facilitate goals and objectives.

Producers shall shall pay fees based on the quantity and type of packaging used in the state. The payments shall be calculated based on the total amount, by weight, of each type of packaging material used to contain, protect, deliver, present, or distribute a product sold, offered for sale, or distributed into the state by the producer in the prior calendar year. The Department shall promulgate regulations on how producer payments are calculated and assessed.

Fees will be adjusted to incentivize eco-modulated factors.

Fees must incentivize an increase in the proportion of a producer’s total packaging that is managed within a reuse and refill system. There shall be no fee assessed on packaging that is designed for reuse and refill and contained within a reuse or refill system.

The fees must incentivize a reduction in the total packaging as measured by weight used by producers, and discarded by consumers, businesses, institutions, and other users. Weight reductions shall not be achieved by substituting plastic for other materials types.

Fees must incentivize a reduction in litter from packaging materials and a reduction in toxic components in packaging materials.

Fees must incentivize an increase in the proportion of a producer’s total packaging that is deemed recyclable as determined by an annual review process and an increase in the proportion of a producer’s total packaging that is ultimately recycled.

Each individual producer is required to meet the packaging recycling requirements.

Each Producer is required to ensure that the packaging used to contain, protect, deliver, present, or distribute the products they sell, offer for sale, or distribute into the state, is made of a material that meets the following recycling rates:
Not less than 30% within five years after enactment
Not less than 50% within eight years after enactment
Not less than 70% within twelve years after enactment

The requirements shall not apply to reusable or refillable packaging or containers.

Each individual producer is required to meet the packaging reduction requirements.

Beginning two years after a producer first registers with the Packaging Reduction Organization, a producer shall reduce the amount of packaging used to contain, protect, deliver, present, or distribute the products they sell, offer for sale, or distribute for sale into the state, by 10% by weight.

Beginning four years after a producer first registers with the Packaging Reduction Organization, a producer shall reduce the amount of packaging used to contain, protect, deliver, present, or distribute the products they sell, offer for sale, or distribute for sale into the state, by 20% by weight.

Beginning six years after a producer first registers with the Packaging Reduction Organization, a producer shall reduce the amount of packaging used to contain, protect, deliver present, or distribute the products they sell, offer for sale, or distribute for sale into the state, by 30% by weight.

Beginning eight years after a producer first registers with the Packaging Reduction Organization, a producer shall reduce the amount of packaging used to contain, protect, deliver, present, or distribute the products they sell, offer for sale, or distribute for sale into the state, by 40% by weight.

Beginning ten years after a producer first registers with the Packaging Reduction Organization, a producer shall reduce the amount of packaging used to contain, protect, deliver, present, or distribute the products they sell, offer for sale, or distribute for sale into the state, by 50% by weight.

The reductions required by this subsection may be achieved by using the following strategies:
Elimination of packaging components
Reduction of packaging components
Using reuse and refill systems
Packaging rightsizing, light weighting, and optimization

The reductions required by this subsection shall not be achieved by substituting plastic for other materials.

In the case of a producer that enters the market with 50% or more by weight of its packaging being reusable and contained within a reuse and refill system, that producer may apply to the Department for a waiver from the packaging reduction requirements.

All rules developed under the Act shall be promulgated no later than one year after the completion of the Statewide Packaging Reduction, Reuse, and Recycling Needs Assessment.

One year after the selection of the Packaging Reduction Organization, a producer shall not sell, offer for sale, or distribute into the state a product contained, protected, delivered, presented, or distributed in packaging unless the producer is:
(1) Registered with the Packaging Reduction Organization
(2) In full compliance with all requirements of this act

The State Comptroller shall conduct an annual audit of the program, including but not limited to: the amount of money received; the amount of money sent to local governments; the amount of money used to invest in reduction, recycling, and reuse programs and services by the Packaging Reduction Organization and any state offices; the amount of discarded packaging generated, reduced, and recycled; any recommendations for improvement of the program. The audit shall be a public document.

The Department shall establish a standalone independent Office of Inspector General within the Department. The Office of Inspector General shall evaluate the programs created by this Act on an annual basis to ensure it is properly functioning, and the producers are in compliance.

The Packaging Reduction Fund is established, a separate, non-lapsing, interest-bearing fund managed by the Packaging Reduction Organization with oversight from the Department.

Annually, the Packaging Reduction Organization shall submit a report to the Department.

The Department or state Attorney General shall take enforcement action against all non-compliant producers. The Packaging Reduction Organization shall deposit into the fund all payments received from producers in accordance with and all penalties collected.

The Department, the Office of Inspector General, and the Office of the Attorney General, may issue a notice of violation to, and impose an administrative civil penalty not to exceed one hundred thousand dollars ($100,000) per day per violation on any entity not in compliance with this chapter or any of the regulations the Department adopts to implement this Act. Each product line that is sold, offered for sale, or distributed to consumers, via retail commerce, in the state, including through an internet transaction violation shall be considered a violation.

Any ten citizens of the State may commence a civil action on their behalf against any person or entity, including the State, the Department, the Packaging Reduction Organization, an individual or group of Producers, and the office of Inspector general, who are alleged to be in violation of the requirements of this Act or its implementing regulations.

The Packaging Reduction Organization shall prioritize investments for projects and programs that will directly benefit environmental justice communities, including, but not limited to, communities that are home to a landfill, incinerator, transfer station, or waste-to- energy facility.

Education and outreach should be provided to producers for inclusion on their packaging’s label to inform consumers about the methods to responsibly reuse, recycle, or dispose of the packaging.

Education and outreach should include information regarding the management of discarded packaging including reuse, recycling, composting, and disposal by landfilling and incineration.

Education and outreach should be coordinated with the various local governments in the state to incorporate electronic, print, web-based and social media elements that individual local governments may elect to use, at their discretion, to provide education directly to their resident.

Recyclable means a product or packaging material that can be sorted by entities that process post-consumer materials generated in the state, that has a consistent regional market for purchase by end users in the production of new products, and which can be recycled with minimal losses of material during processing and manufacturing. Whether a product or packaging type meets these criteria shall be determined by an annual review process.

Recycling means the series of activities by which material is collected, transported, sorted, and processed; used in industrial feedstocks in place of virgin materials to manufacture new products with minimal loss of material quality and quantity.

Recyclable does not include material processed through advanced recycling, chemical recycling, combustion, gasification, incineration, pyrolysis, solvolysis, thermal desorption, waste-to-energy, waste-to-fuel, or any other chemical or molecular conversion process.

Recycling does not include energy recovery, energy generation, or the creation of hazardous chemicals by any means, including but not limited to advanced recycling, chemical recycling, combustion, gasification, incineration, pyrolysis, solvolysis, thermal desorption, waste-to-energy, waste-to-fuel, or any other chemical or molecular conversion process. It also does not include landfill disposal of discarded material or discarded product component materials, including the use of materials as landfill cover.

Beginning two years after the promulgation of rules, no person or entity may sell, offer for sale, or distributed into the state any packaging containing the following toxic substance:
Ortho-phthalates; Bisphenols; Per- and polyfluoroalkyl substances (PFAS); Lead and lead compounds; Hexavalent chromium and compounds; Cadmium and cadmium compounds; Mercury and mercury compounds; Benzophenone and its derivatives; Halogenated flame retardants; Perchlorate; Formaldehyde; Toluene; Antimony and compounds; and UV 328 (2-(2H-benzotriazol-2-yl)-4,6-di-tert-pentylphenol).

Beginning two years after the promulgation of rules, no person or entity shall sell, offer for sale, or distributed for use in this state any packaging containing: Polyvinyl chloride; Polystyrene; or Polycarbonate

Beginning three years after the promulgation of rules, and every three years thereafter, the Department shall designate at least ten additional toxic substances or families of toxic substances that may no longer be sold, offered for sale, distributed for sale, or distributed for use in packaging in this state unless it determines there are not ten chemicals that meet the definition of toxic substances. If the Department determines there are not ten toxic substances that meet such a definition, it shall publish a detailed statement of its findings and conclusions supporting such determination.

Any producer that violates this shall be subject to a fine for each violation not to exceed fifty thousand dollars per violation. Each product line that is sold, offered for sale, or distributed to consumers, via retail commerce, in the state, including through an internet transaction violation shall be considered a violation."

No later than eighteen months after after the effective date of this Act, the Department shall conduct a statewide packaging reduction, reuse, and recycling needs assessment.

Consistent with applicable competitive bidding requirements, within six months of the passage of this act, and every five years thereafter, the Department shall issue a request for proposals to conduct a statewide packaging reduction, reuse, and recycling needs assessment.

The cost incurred by the Department or its state designee associated with conducting the needs assessment shall be paid for by funds from the Packaging Reduction and Recycling Fund.

Reuse means the return of packaging back into the economic stream for use in the same kind of application intended for the original packaging, without effectuating a change in the original composition of the package, the identity of the product, or the components thereof.

The Packaging Reduction Organization shall conduct an annual review process to determine whether products and packaging materials are recyclable. This review shall be conducted in consultation with representatives of end markets, including recycled commodities brokers and manufacturers who purchase post-consumer material for use in manufacturing new products. For the purposes of calculating producer payments and municipal reimbursements in accordance with this Act, this annual process must include a transitional period between the date the determination is finalized and the date it goes into effect.