Resolve, Regarding Legislative Review of Portions of Chapter 360: Responsibilities of Manufacturers, Distributors, Dealers and Redemption Centers under the Returnable Beverage Container Law, a Major Substantive Rule of the Department of Agriculture, Food and Rural Resources
Maine Legislature, Session 121, LD 1831
Committee Amendment CA_A_H758 (House)

COMMITTEE AMENDMENT ,,/f.. to H. P . 1354, L. D. 1831, "Resolve, 
Regarding 
Legislative 
Review 
of 
Portions 
of 
Chapter 
360: 
Responsibilities 
of 
Manufacturers, 
Distributors, 
Dealers 
and 
Redemption Centers under the Returnable Beverage Container Law, a 
Major Substantive Rule of the Department of Agriculture, Food and 
Rural Resources" 
Amend the resolve by striking out all of section 1 (page 1, 
lines 22 to 29 in L.D.) and inserting in its place the following: 
. Sec. 1. Adoption. Resolved: That final adoption of portions 
of Chapter 360: 
Responsibilities of Manufacturers, Distributors, 
Dealers 
and 
Redemption Centers under 
the Returnable 
Beverage 
Container Law, a provisionally adopted major substantive rule of 
the Department of Agriculture, Food and Rural Resources that has 
been submitted to the Legislature for review pursuant to the 
Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is 
authorized only if: 
1. 
Section 
3, 
subsection 
A is 
amended 
to 
provide 
an 
exception to the annual license fee so that initiators of deposit 
that are small bottlers and brewers as described in Title 32, 
section 1866, subsection 4, paragraph D are required to pay only 
a $50 annual license fee; 
2. 
Section 9 is amended to provide that a 
distributor 
designated in a qualified commingling agreement pursuant to Title 
32, section 1866, subsection 4, paragraph C is required to pick 
up beverage containers for all distributors who are members in 
the 
commingling agreement each time the distributor makes 
a 
regularly scheduled delivery of beverages; and 
COMMITTEE AMENDMENT 
"co-
~\ 
~. 
COMMITTEE AMENDMENT .. ft: to H.P. 1354, L.D. 1831 
3. 
Section 5 is amended to provide that any wine container 
that is required to have a deposit and refund value and that is 
marked by the manufacturer with a label consistent with Section 
5, subsection C is not required to have any additional label, 
sticker or marking. 
The Department of Agriculture, Food and Rural Resources is 
not required to hold hearings or conduct other formal proceedings 
prior to finally adopting the rule in accordance with this 
resolve •• 
SUMMARY 
This amendment approves the final adoption of portions of 
Chapter 
360: 
Responsibilities of Manufacturers, Distributors, 
Dealers 
and 
Redemption Centers 
under the Returnable Beverage 
Container Law, a provisionally adopted major substantive rule of 
the Department of Agriculture, Food and Rural Resources provided 
that: 
1. 
Language is added providing an exception to the annual 
license fee so that initiators of deposit that are small bottlers 
and brewers are required to pay a $50 rather than a $500 annual 
license fee; 
2. 
Language 
is 
added 
providing 
that 
a 
distributor 
designated in a qualified commingling agreement is required to 
pick up beverage containers for all distributors who are members 
in the commingling agreement each time the distributor makes a 
regularly scheduled delivery of beverages; and 
3. 
Language is added to provide that wine containers marked 
by the manufacturer with a label that is consistent with the 
requirements of the rule are not required to have any additional 
labels, stickers or marking. 
The Department of Agriculture, Food and Rural Resources is 
not required to hold hearings or conduct other formal proceedings 
prior to finally adopting the rule. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Approved: 03/01104 ~ac:... 
Office of Fiscal and Program Review 
LD 1831 
Resolve, Regarding Legislative Review of Portions of Chapter 360: 
Responsibilities of Manufacturers, Distributors, Dealers and Redemption 
Centers under the Returnable Beverage Container Law, a Major 
Substantive Rule of the Department of Agriculture, Food and Rural 
Resources 
LR2703(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Business, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
2003-04 
2004-05 
$251,598 
$263,813 
Projections 
2005-06 
$277,004 
Projections 
2006-07 
$290,854 
PL 2001, c.661 authorizes the Department of Agriculture, Food and Rural Resources to establish a fee structure, 
through the adoption of rules, to provide necessary revenues to the Beverage Container Enforcement Fund to cover its 
anticipated expenses. Accordingly, as modified by the amended resolve, portions of Chapter 360, a major substantive 
rule of the department, establish fees which will generate an estimated $251,598 and $263,813 in Other Special 
Revenue Funds revenues for fiscal years 2003-04 and 2004-05, respectively. 
LR2703(2) - Fiscal Note - Page 1 of 1