Definitions

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.