PETITION OF:

Douglas W. Petersen

Pamela P. Resor

J. James Marzilli, Jr.

Barbara A. L'Italien

Mary E. Grant

Christine E. Canavan

Martha M. Walz

Ruth B. Balser

Willie Mae Allen

Denise Provost

William N. Brownsberger

Thomas M. McGee

SECTION 1. Chapter 21A of the Massachusetts General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding after section 18A the following new sections:—
Section 18B. Definitions.
For the purposes of sections 18B through 18D, inclusive, the following words shall have the following meanings:
“Packaging”, containers made of glass, metal, paper, plastic or any combination of such materials used to protect, store, handle, transport, display or market products, including unit packages, intermediate packages, and shipping containers.
“Post-consumer”, material or end product that has served its intended use and has been discarded for disposal or has been separated and diverted from the solid waste stream for recovery. Waste generated during production of an end product is excluded.
“Recycled content”, the percentage by weight of the materials used to produce a given product or package which is recycled material.
“Recycled material”, any material recovered or otherwise diverted from the solid waste stream either during manufacturing or after consumer use (post-consumer recycled material). To the extent that the source of recycled content includes material other than post-consumer recycled material, such material must otherwise enter the solid waste stream.
Section 18C. Labeling Program for Retail Packaging.
(a) As of July 1, 2005, all retail packaging used or sold in Massachusetts may display in a conspicuous size and in a conspicuous place a “green dot” indicating voluntary compliance with the provisions of this act. To bear a “green dot,” packaging must conform with the recycled content standards promulgated by the Secretary of Environmental Affairs pursuant to section 18D of this act.
(b) The Secretary of Environmental Affairs shall design and trademark the “green dot” emblem. Such design shall be the only state-approved recycled content label.
Section 18D. Administration, Rules, and Regulations.
(a) The Secretary of Environmental Affairs shall administer the provisions of sections 18B through 18D and shall promulgate regulations by July 1, 2006 to otherwise effectuate the purposes of this act. Such regulations shall include:
(i) Specifications as to the minimum recycled content by percent required in order for packaging to display the “green dot.” The specifications shall follow criteria set forth in the Federal Trade Commission Act Guide for the Use of Environmental Marketing Claims and shall represent, by material, current “best of industry” practices for use of recycled content. These specifications may be reviewed periodically by the Secretary for revision.
(ii) Provisions addressing the enforcement of regulations promulgated pursuant to this section and penalties for misuse of the “green dot” emblem.
(b) The Secretary of Environmental Affairs shall also undertake a public education and awareness effort to promote the “green dot” program. The Secretary shall expend no less than four million dollars over a two year period from funds designated to the Secretary for recycling purposes from the Clean Environment Fund (MGL c. 94, § 323F) for “green dot” promotion. These funds shall not supplant other funds previously designated for recycling programs through the Clean Environment Fund.
(c) The Secretary of Environmental Affairs shall also review other applicable state and federal regulations and laws and recommend to the General Court adjustments to this act as she deems necessary and appropriate, including, but not limited to, expansion of the “green dot” program to other environmental attributes