On this page
Massachusetts: sustainable packaging labelling
Massachusetts requires resin-identification codes on covered plastic bottles and rigid containers and a refund legend on covered deposit beverage containers. A pending bill would add specific controls for recyclability, biodegradability and compostability claims, but it is not current law.
Executive summary
Massachusetts combines a conventional rigid-plastic resin code with one of the United States' longstanding beverage-container deposit laws. A covered plastic package must carry the resin code required by section 323A. A covered deposit beverage container must separately display the refund legend required by section 325 and 301 CMR 4.03. A single bottle can therefore require both marks, serving different purposes and governed by different placement rules.
The Commonwealth is also considering a dedicated environmental-marketing statute. House Bill 4810 would restrict deceptive recyclability, biodegradability and compostability claims and establish supporting-document duties. Its latest posted legislative action referred the bill to House Ways and Means on 8 December 2025. It remains proposed and must not be placed in a current mandatory-artwork specification.
Legal status at a glance
| Requirement | Status | Operational meaning |
|---|---|---|
| Rigid-plastic resin code | mandatory | Covered bottles and rigid containers use the prescribed 1-7 chasing-arrows code. |
| Beverage-container refund legend | mandatory | The regulation requires the refund value and a statement that the container may be redeemed in the Commonwealth, in at least 12-point type and not on the bottom. |
| Approved plastic holding device | mandatory mark | A qualifying holding device approved under 301 CMR 4.03 is embossed with the specified diamond-shaped degradability symbol. |
| H.4810 environmental marketing controls | proposed | The bill would regulate deceptive recyclability, biodegradability and compostability claims; it has not been enacted. |
Plastic resin-identification code
Chapter 94 defines a plastic bottle as a plastic container with a neck smaller than its body, an appropriate closure and a capacity of at least 16 fluid ounces but less than five gallons. A rigid plastic container is a formed or molded, predominantly plastic, relatively inflexible single-use container other than a bottle, with a capacity of at least eight ounces but less than five gallons.
Section 323A prohibits distribution, sale or offer for sale of a covered bottle or container, or a product in it, without a resin code. The code uses the traditional equilateral triangle of three clockwise arrows, a number from 1 through 7 and the corresponding abbreviation beneath. A label or base cup made from another material does not change the code for the basic container material. The statutory arrows identify resin; they do not establish recyclability.
Beverage-container refund legend
Section 325 requires covered beverage containers, other than permanently labelled reusable glass containers, to indicate the refund value by embossing, stamp, label or another securely affixed method on a portion other than the bottom. The statute states at least eight-point type. The implementing regulation is more specific and requires at least 12-point type, the refund value and a statement that the container may be redeemed in the Commonwealth. Artwork should follow the current regulatory standard.
A permanently labelled reusable glass beverage container instead states that it may be returned for deposit. The deposit is at least five cents for a covered beverage container. Coverage is limited by the statutory beverage definition, which principally reaches carbonated soft drinks, mineral water, beer and malt beverages rather than every beverage sold in Massachusetts. The product, liquid and container should all be classified before a legend is added.
Plastic holding-device mark
Massachusetts also regulates separate plastic rings or other devices that hold containers together. Chapter 94 requires the device to break down through bacteria or light, and 301 CMR 4.03 establishes testing and approval provisions. An approved device is embossed with a diamond-shaped symbol indicating degradability.
This is a narrow product-specific mark, not authorisation to describe ordinary plastic packaging as biodegradable. The approval file should contain the tested material, third-party report, MassDEP approval and the exact embossed symbol. A material or thickness change should trigger a review of the approval basis.
Who bears each obligation
The resin provision reaches any person distributing, selling or offering the covered package or product for sale. The deposit statute and regulation name bottlers, distributors and dealers in connection with import, offer for sale and redemption. The holding-device approval process rests with the business introducing the device into Massachusetts commerce.
A common package should therefore have separate owners for resin classification, deposit coverage, refund artwork and any holding-device approval. An out-of-state brand owner may create the graphics, but Massachusetts distributors and dealers still need confidence that the stock they handle is compliant.
Proposed greenwashing legislation
H.4810 would create a new environmental-marketing chapter covering deceptive or misleading claims about recyclability, biodegradability and compostability in advertising and on consumer-goods packaging. Its text addresses chasing-arrows imagery, multi-material packaging, supporting information and Attorney General enforcement. It also contains exceptions for symbols required by law and for specified Green Guides compliance.
The bill is not enacted. It is a new draft of H.457 and was referred to House Ways and Means on 8 December 2025. Legal tracking should record that status and the proposed one-year delayed effective date, but current artwork should continue to be assessed under existing law and federal claim standards unless the bill completes the legislative process.
Enforcement and practical consequences
The Attorney General and district attorneys enforce sections 321 through 327. A bottler, distributor, redemption centre or dealer violating sections 321 through 326 may face a civil penalty of up to $1,000 for each violation. Container refusal, relabelling and blocked distribution are additional operational consequences. A statutory resin violation and a deposit-legend violation should be analysed separately.
The proposed H.4810 penalty does not apply while the measure remains pending. Marketing claims are nevertheless subject to the FTC Act and Massachusetts' generally applicable consumer-protection framework. A required chasing-arrows code should not be enlarged into an unsupported statewide recycling claim.
Practical artwork checklist
Measure the plastic package and confirm its form, capacity and principal resin. Inspect the required 1-7 code. Separately classify the beverage, apply the refund value and Commonwealth-redemption statement in at least 12-point type away from the bottom, and confirm durability. If plastic rings or another holding device are used, verify approval and the diamond mark. Track H.4810 as proposed rather than current law.
Primary sources and verification
Massachusetts General Court. General Laws chapter 94, section 323A, plastic resin coding. Official statute
Massachusetts General Court. General Laws chapter 94, section 325, beverage-container statement. Official statute
Commonwealth of Massachusetts. 301 CMR 4.00, including section 4.03 on container labelling. Official regulation page
Massachusetts Department of Environmental Protection. Deposit bottle and can recycling. Official program page
Massachusetts General Court. House Bill 4810, 194th General Court, environmental marketing proposal. Official bill text and status
Federal Trade Commission. Guides for the Use of Environmental Marketing Claims, 16 C.F.R. Part 260. Official Green Guides
Federal Trade Commission. Environmental Claims: Summary of the Green Guides. Business guidance
The regulation’s 12-point deposit standard should be used, and H.4810 should remain marked proposed unless enacted. Last verified: 21 August 2026.