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HD 6224

An Act relative to tethered caps on single-serve beverage containers

194th Legislature (2025-2026) Introduced by Joe McKenna

Massachusetts would require tethered caps on most single-serve plastic beverage containers starting Jan 1, 2028, to cut litter and preserve container integrity.

Referred to the committee on House Rules
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WeVote Research Nonpartisan
Bill Summary · HD 6224

Overview

An Act relative to tethered caps on single-serve beverage containers proposes that, starting January 1, 2028, most plastic beverage containers sold in Massachusetts must use a tethered cap. The bill adds a new Section 323F to Chapter 94 and authorizes the Department of Environmental Protection (Mass DEP) to adopt regulations, with exemptions and enforcement provisions. The aim is to reduce litter and make caps harder to detach from containers.

Purpose and intent

  • Reduce plastic litter by ensuring beverage caps remain attached to containers after opening.
  • Establish a clear legal standard for tethered caps on single-serve beverage containers sold in the Commonwealth.
  • Provide a regulatory framework to implement, review exemptions, and enforce the requirement while allowing local flexibility to impose stricter rules.

Key provisions

  • Definitions:
    • Beverages include water, juice, sports drinks, tea, coffee-based drinks, and other non-carbonated beverages in sealed plastic containers.
    • Beverage container: a plastic-based single-serving container under 3 liters (excludes open cups, cartons, pouches, glass/metal containers, and compostable-material containers).
    • Cap: any closure device (screw caps, snap caps, flip-tops, sport caps, etc.).
    • Tethered cap: a cap physically connected to the container via a hinge, strap, ring, or retaining feature that prevents full separation during normal use.
  • Prohibition timeline:
    • From January 1, 2028, manufacturers, sellers, and distributors may not offer or sell beverage containers unless they have a tethered cap meeting the definition.
  • Exemptions (subject to regulatory action and deadlines):
    • Containers with capacity of 3 liters or more.
    • Containers not primarily plastic (e.g., glass, aluminum, other metals).
    • Containers using non-separable closure materials (foil seals, pull-tabs built into the container wall, heat-sealed membranes without a secondary closure).
    • Exemptions for containers where the Department determines no commercially available tethered cap design exists; such exemptions cannot extend beyond January 1, 2030 without further regulatory action.
  • Regulatory authority:
    • Mass DEP to promulgate regulations to implement tethered cap requirements, including:
    • Compliance standards.
    • Procedures to review exemption requests.
    • Schedules for periodic review of exemptions.
    • DEP may consult with the Secretary of Energy and Environmental Affairs, the Department of Public Health, and industry stakeholders.
    • Proposed regulations due by July 1, 2027.
  • Enforcement and penalties:
    • Civil penalties up to $500 per violation.
    • Each day of noncompliance constitutes a separate violation.
    • Enforcement by the Attorney General and district attorneys; DEP may refer cases to the AG.
  • Local preemption:
    • The bill does not preempt local ordinances; municipalities may adopt stricter closure requirements if they choose.
  • Effective date:
    • The tethered cap requirement takes effect January 1, 2028, with other provisions aligned accordingly.

Affected parties and impacts

  • Manufacturers, distributors, and retailers of single-serve beverage containers (under 3 liters) made of plastic or primarily plastic.
  • Consumers will encounter tethered-cap containers as the standard starting 2028.
  • Local governments can maintain or tighten caps-related rules beyond the state standard.
  • Regulatory bodies (Mass DEP, AG, district attorneys) will oversee compliance and enforcement.
  • Exemption applicants (manufacturers with eligible products) may seek regulatory exemptions, subject to periodic review and possible sunset or extension dates.

Procedural and timeline notes

  • Regulatory development:
    • Mass DEP to publish proposed regulations by July 1, 2027.
    • Regulations will set standards, exemption procedures, and review schedules.
  • Compliance timeline:
    • Ban on non-tethered caps begins January 1, 2028.
  • Enforcement window:
    • Penalties apply per violation and per day of continued noncompliance.
  • Local flexibility:
    • Municipalities may impose equal or more stringent requirements without being preempted by the state law.

Summary

This bill would require tethered caps on most single-serve plastic beverage containers sold or distributed in Massachusetts starting January 1, 2028, with specific exemptions and a regulatory framework to implement and enforce the rule. It seeks to reduce litter, preserve container integrity, and allow local governments to impose stricter measures if they choose.

Compiled from official sources — confirm details with the bill’s official record.

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