« Go Back   « Go Back
Candidate Key
 
 
 
 
 
Summary

This proposed law would require all packaging used in Massachusetts on or after July 1,1996 to be reduced in size, reusable, or made of materials that have been or could be recycled. The proposed law would provide for exemptions for health, safety, and other reasons and would establish penalties for violations.

Packaging would have to be either reduced in size by at least 25% every five years; or designed to be reusable at least five times, with at least 50% of such packaging actually being reused; or recycled at a 50% rate; or composed of 25% or more of recycled materials (increasing to 35% on July 1, 1999 and 50% on July 1, 2002); or composed of materials being recycled at an annual rate of 25% (increasing to 35% in 1999 and 50% in 2002). The requirements would apply to any packaging or containers used to protect, store, handle, transport, display, or sell products.

These requirements would not be applicable to tamper-resistant or tamper-evident seals; packaging for medication or medical devices; packaging merely being shipped through the state; packaging required by federal or state health or safety laws or regulations; or flexible film packaging necessary to prevent food from spoiling.

The state Department of Environmental Protection could also grant exemptions for packaging that represents an innovative approach for which additional time is needed to meet the requirements of the law; or packaging made of material that cannot be reused or recycled, and cannot be made of recycled material, but is being composted at a significant rate; or products for which there is no complying packaging and for which compliance with the law would impose undue hardship (other than increased cost) on Massachusetts residents. A person applying for an exemption would pay a fee to be used, subject to legislative appropriation, to pay the cost of administering the proposed law.

The Department would be required to issue regulations to carry out the proposed law and would be required to investigate suspected violations. After issuing a warning, the Department could assess administrative penalties of up to $100 for each offense and up to $10,000 for any single shipment or single continuing act of noncompliance. The state Attorney General could also file court actions for civil penalties of up to $500 for each offense and up to $25,000 for any single shipment or continuing act of non-compliance, and could seek a court order requiring compliance. Each non-complying piece of packaging would be considered a separate offense or act of non-compliance.

The proposed law states that if any of its provisions were declared invalid, the other provisions would remain in effect.

1992 Nov 3 :: State of Massachusetts :: Question 3 :: Initiative PetitionDo you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives before May 6, 1992?

View as: # | %  
Ward
Yes
No
Blank Votes Total Votes Cast Total Ballots Cast
Totals
 
15,144
13,863
1,742
29,007
30,749
Precinct 1
 
367
662
96
1,029
1,125
Precinct 2
 
480
771
67
1,251
1,318
Precinct 3
 
437
661
89
1,098
1,187
Precinct 1
 
637
524
75
1,161
1,236
Precinct 2
 
840
587
81
1,427
1,508
Precinct 3
 
859
544
82
1,403
1,485
Precinct 1
 
781
697
110
1,478
1,588
Precinct 2
 
709
640
74
1,349
1,423
Precinct 3
 
837
652
83
1,489
1,572
Precinct 1
 
301
590
54
891
945
Precinct 2
 
456
705
111
1,161
1,272
Precinct 3
 
636
594
76
1,230
1,306
Precinct 1
 
525
769
72
1,294
1,366
Precinct 2
 
617
731
84
1,348
1,432
Precinct 3
 
896
646
85
1,542
1,627
Precinct 1
 
1,243
635
74
1,878
1,952
Precinct 2
 
1,125
673
76
1,798
1,874
Precinct 3
 
966
520
62
1,486
1,548
Precinct 1
 
937
710
77
1,647
1,724
Precinct 2
 
727
699
124
1,426
1,550
Precinct 3
 
768
853
90
1,621
1,711
Totals
 
15,144
13,863
1,742
29,007
30,749