204 CMR 3.00:

204-3.02: Definitions

As used in 204 CMR 3.00, the following terms shall have the following meanings:

Beverage: soda water or similar carbonated soft drinks, artificially carbonated mineral water, and beer and other malt beverages, but shall not include alcoholic beverages other that beer and malt beverages, dairy products, natural fruit juices or wine.

Bottler: any person filling beverage containers for sale to distributors or dealers.

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 restaurateur or operator of a vending machine, who engages in the sale of beverages in beverage containers to consumers in the Commonwealth.

Deposit Fund: the total refund value of all filled refundable beverage containers sold by bottler or distributor to dealers during a given reporting period minus the total amount of refunds paid to dealers, redemption centers or third-party collecting agents during that period.

Distributor: any person who engages in the sale of beverages in refundable beverage containers to dealers in the Commonwealth, including any bottler who engages in such sales.

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, and containing not more than twelve percent of alcohol by weight.

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.

Redemption Center: any facility operated by any person for the purpose of accepting and redeeming containers from consumers.

Refund Value: the deposit on a beverage container.

Refundable Beverage Container: any sealable bottle, can, jar, or carton which is primarily composed of glass, metal, plastic, or any combination of those materials which is produced for the purpose of containing a beverage and has been embossed, stamped labelled, or otherwise affixed with an indication of refund value.

Refundable/Reusable Beverage Container: any beverage container so constructed or designed that it is structurally capable of being refilled and resold by a bottler at least ten times after its initial use.

Reporting Period: one calendar month.

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.

Third-Party Collecting Agent: any person authorized to redeem containers on behalf of bottlers or distributors.

204 CMR 3.00