Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 4.00 - PROVISIONS FOR RECYCLING OF BEVERAGE CONTAINERS › Section 4.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
				301 CMR 4.00, the following
				terms shall have the following meanings:
American Society for Testing
				Materials
: means a technical society with headquarters currently
				located at 1916 Race Street, Philadelphia, Pennsylvania, 19103, which publishes
				national standards for the testing and quality assurance of materials.
Beverage
: soda water or similar
				carbonated soft drinks, mineral water, and beer and other malt beverages, but
				shall not include alcoholic beverages other than beer and malt beverages, dairy
				products, natural fruit juices or wine.
Beverage container
: any sealable
				bottle, can, jar, or carton which is primarily composed of glass, metal,
				plastic, or any combination of those materials and is produced for the purpose
				of containing a beverage. This definition shall not include containers made of
				biodegradable material, or of greater than two gallons capacity.
Biodegradable
: will decompose or
				otherwise break down into components which are not hazardous materials within
				the meaning of M.G.L. c. 21E, § 2. These components may include only
				carbon dioxide, water, inorganic salts, microbial cellular components,
				miscellaneous by-products characteristically formed from natural materials, or
				other materials or substances determined by the Secretary to be environmentally
				benign. These components may not, under any circumstances, include "hazardous
				materials" as defined in M.G.L. c. 21E, § 2.
Bottler
: any person filling beverage
				containers for sale to distributors or dealers.
Bureau
: The Bureau of Solid Waste
				Disposal within the Department of Environmental Management.
Business hours
: the period from
				opening to closing of a place of business.
Consumer
: any person who purchases a
				beverage in a beverage container for use or consumption with no intent to
				resell such beverage.
Dealer
: any person, including any
				operator of a vending machine, who engages in the sale of beverages in beverage
				containers to consumers in the Commonwealth; however, this does not include a
				restaurateur selling beverages to be consumed on the premises.
Deposit
: the refund value of a
				beverage container.
Distributor
: any person who engages in
				the sale of beverages in beverage containers to dealers in the Commonwealth
				including any bottler who engages in such sales.
Identifiable
: with brand name, size
				and refund legend easily determined.
Malt Beverages
: all alcoholic
				beverages manufactured or produced by the process of brewing or fermentation of
				malt, with or without cereal grains or fermentable sugars, or of hops.
Mineral Water
: water which is
				naturally or artificially impregnated with mineral salts and with gases such as
				carbon dioxide or which is sold as a mineral water.
Permanently labelled reusable glass beverage
				container
: a glass beverage container which has the brand name
				permanently marked on it.
Person
: any agency or political
				subdivision of the federal government or the Commonwealth, any state, public or
				private corporation or authority, individual, trust, firm, joint stock company,
				partnership, association, or other entity, and any officer, employee, or agent
				of said person, and any group of said persons.
Photo degradable
: will decompose or
				otherwise break down into components which are not hazardous materials within
				the meaning of M.G.L. c 21E, § 2. These components may include only carbon
				dioxide, water, inorganic salts, microbial cellular components, miscellaneous
				by-products characteristically formed from natural materials, or other
				materials or substances determined by the Secretary to be environmentally
				benign. These components may not, under any circumstances, include "hazardous
				materials" as defined in M.G.L. c. 21E, § 2.
Redemption Center
: any person who owns
				and/or operates a facility for the purpose of accepting and redeeming
				containers from consumers, and who has registered with the Bureau as provided
				in
				301 CMR
				4.06.
Refund
: the sum, equal to the deposit,
				that is given to the consumer or the dealer or both in exchange for empty
				returnable beverage containers.
Restaurateur
: any person who operates
				a business for the sale of prepared food and/or alcoholic beverages for
				immediate consumption in the area under his control.
Reusable Beverage Container
: any
				beverage container so constructed and designed that it is structurally capable
				of being refilled and resold by a bottler at least ten times after its initial
				use.
Sales for on-premise consumption
:
				sales transactions in which beverages are purchased by a consumer for immediate
				consumption within the area under the control of a restaurateur.
Secretary
: the Secretary of the
				Executive Office of Environmental Affairs, Commonwealth of
				Massachusetts.
Type of Beverage Container
: the
				design, shape, color, and composition of beverage container.