Massachusetts General Laws

Mass. Gen. Laws ch. 94, § 323E (2026)

Reimbursements to bottlers or distributors

✓ current as of July 2026
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Section 323E. If in any month the authorized payments from the Deposit Transaction Fund by a bottler or distributor pursuant to paragraph (h) of section three hundred and twenty-three exceed the funds that are or should be in its Deposit Transaction Fund, the commonwealth shall reimburse said bottler or distributor, from amounts received pursuant to section three hundred and twenty-three D, for those refunds paid by the bottler or distributor for non-reusable beverage containers for which the funds that are or should be in its Deposit Transaction Fund are insufficient; provided, however, that such reimbursements to a bottler or distributor for a month shall not exceed the excess of (a) amounts paid by said bottler or distributor to the commonwealth pursuant to said section three hundred and twenty-three D in the preceding twenty-four months over (b) amounts paid by the commonwealth to said bottler or distributor pursuant to this section during said twenty-four months.

Notes of Decisions
Cited in 1 case, 1993–1993 · leading case: Massachusetts Wholesalers of Malt Beverages, Inc. v. Commonwealth, 609 N.E.2d 67 (Mass. 1993).
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Massachusetts Wholesalers of Malt Beverages, Inc. v. Commonwealth, 609 N.E.2d 67 (Mass. 1993). “G. L. c. 94, § 323E. 8 The plaintiffs, in their amended complaint, state: “Under the Bottle Law, malt beverage distributors and soft drink bottlers have historically charged a refund value as part of the price of filled, non-reusable beverage containers.”
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