Section 321 Definitions - Massachusetts Statutes

Section 321. In sections three hundred and twenty-one to three hundred and twenty-seven, inclusive, the following definitions shall, unless the context clearly requires otherwise, have the following meaning:

“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 as defined in chapter one hundred and thirty-eight, 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 biodegradeable material.

“Bottler”, any person filling beverage containers for sale to distributors or dealers, including dealers who bottle or sell their own brand of beverage.

“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.

“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.

“Label”, a molded imprint or raised symbol on or near the bottom of a plastic product.

“Plastic”, any material made of polymeric organic compounds and additives that can be shaped by flow.

“Plastic bottle”, a plastic container that has a neck that is smaller than the body of the container, accepts a screwtype, snap cap or other closure and has a capacity of sixteen fluid ounces or more, but less than five gallons.

“Rigid plastic container”, any formed or molded container, other than a bottle, intended for single use, composed predominantly of plastic resin and having a relatively inflexible finite shape or form with a capacity of eight ounces or more but less than five gallons.

“Reuseable 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.