An Act To Amend Maine's Bottle Laws
Maine Legislature, Session 123, LD 1696
Committee: Business, Research and Economic Development
Sponsors: SULLIVAN, BEAUDETTE, BOWMAN, MARTIN, SCHNEIDER, BEAUDOIN, JACOBSEN, PILON
Amends: 32 MRSA §1862, 32 MRSA §1863-A, 32 MRSA §1865, 32 MRSA §1866, 32 MRSA §1866-D, 32 MRSA §1866-E, 32 MRSA §1866-F, 32 MRSA §1869, 32 MRSA §1874

Legislative Document 
No. 1696 
S.P.603 
March 23, 2007 
An Act To Amend Maine's Bottle Laws 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Senator SULLIVAN of York. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative BEAUDETTE of Biddeford and Senators: BOWMAN of 
York, MARTIN of Aroostook, SCHNEIDER of Penobscot, Representatives: BEAUDOIN of 
Biddeford, CASA V ANT of Biddeford, JACOBSEN of Waterboro, PILON of Saco. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 32 MRSA §1862, sub-§2-A, as enacted by PL 2003, c. 499, § 1, IS 
repealed. 
Sec. 2. 32 MRSA §1863-A, sub-§4, as enacted by PL 1991, c. 819, §3, IS 
repealed and the following enacted in its place: 
4. Wine and spirits containers. For wine and spirits containers, the refund value 
may not be less than 5¢. 
Sec. 3. 32 MRSA §1865, sub-§3, as amended by PL 2003, c. 499, §4, is further 
amended to read: 
3. Label registration. An initiator of deposit shall register the container label of any 
beverage offered for sale in the state on which it initiates a deposit. Registration must be 
on forms or in an electronic format provided by the department and must include the 
universal product code for each combination of beverage and container manufactured. 
The initiator of deposit shall renew a label registration annually and whenever that label 
is revised by altering the universal product code or whenever the container on which it 
appears is changed in size, composition or glass color. The initiator of deposit shall also 
include as part of the registration the method of collection for that type of container, and 
identification of a collection agent, identification of all of the parties to a commingling 
agreement that applies to the container and proof of the collection agreement. 
The 
department may charge a fee for registration and registration renewals under this 
subsection. 
Rules adopted pursuant to this subsection that establish fees are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2-A and subject to review 
by the joint standing committee of the Legislature having jurisdiction over business and 
economic development matters. 
Sec. 4. 32 MRSA §1866, sub-§4, as amended by PL 2003, c. 688, Pt. E, § 1, and 
c. 700, § 1 and as affected by §6, is further amended to read: 
4. 
Reimbursement of handling costs. 
Reimbursement of handling costs is 
governed by this subsection. 
A. 
In addition to the payment of the refund value, the initiator of the deposit under 
section 1863-A, subsections 1, 2 and 4 shall reimburse the dealer or local redemption 
center for the cost of handling beverage containers subject to section 1863-A, in an 
amount that equals at least 3¢ per returned container for containers picked up by the 
initiator before March 1, 2004 and at least ~ 
uru for containers picked up on 
or after March 1,2004. The initiator of the deposit may reimburse the dealer or local 
redemption center directly or indirectly through a party with 'Nhich it has entered into 
a commingling agreement. 
B. 
In addition to the payment of the refund value, the initiator of the deposit under 
section 1863-A, subsection 3 shall reimburse the dealer or local redemption center for 
the cost of handling beverage containers subject to section 1863-A in an amount that 
equals at least 3¢ per returned container for containers picked up by the initiator 
Page I -123LR1684(Ol)-1 
before March 1, 2004 and at least J.--.l..f¥ ilL2t for containers picked up on or after 
March 1, 2004. 
The initiator of the deposit may reimburse the dealer or local 
redemption center directly or indirectly through a contracted agent or through a party 
'Nith which it has entered into a commingling agreement. 
C. 
The reimbursement that the initiator of the deposit is obligated to pay the dealer 
or redemption center plifsuant to paragraph A or B must be reduced by 1/2¢ for any 
returned container that is subject to a qualified commingling agreement that allows 
the dealer or redemption center to commingle beverage containers of like product 
group, material and size. A commingling agreement is qualified for purposes of this 
paragraph if the department determines that 509'0 or more of the beverage containers 
of like product group, material and size for which the deposits are being initiated in 
the State are covered by the commingling agreement. Once the initiator of deposit 
has established a qualified commingling agreement for containers of a like product 
group, material and size, the department shall allow additional brands to be included 
from a different product group if they are of like material. The State, through the 
Department of Administrative and Financial Services, Bureau of l\lcoholic 
Beverages and Lottery Operations, shall make every reasonable effort to enter into a 
qualified commingling agreement under this subparagraph 'Nith every other initiator 
of deposits for beverage containers that are of like product group, size and material as 
the beverage containers for \vhich the State is the initiator of deposit. 
D. 
Paragraphs A, and B an4-G of this subsection do not apply to a brewer or vintner 
who annually produces no more than 50,000 gallons of its product or a bottler of 
water who annually sells no more than 250,000 containers each containing no more 
than one gallon of its product. In addition to the payment of the refund value, an 
initiator of deposit under section 1863-A, subsections 1 to 4 who is also a brewer or 
vintner who annually produces no more than 50,000 gallons of its product or a bottler 
of water who annually sells no more than 250,000 containers each containing no 
more than one gallon of its product shall reimburse the dealer or local redemption 
center for the cost of handling beverage containers subject to section 1863-A in an 
amount that equals at least ~ 2t per returned container. 
E. 
Notwithstanding provisions of this subsection to the contrary, if a commingling 
agreement for a product group 'Nas filed with the department by March 1, 2004, an 
initiator of deposit, whether or not a party to that agreement, is not required to PCl)' the 
1/2¢ handling fee increase required by this subsection until July 1, 2004 for beyerage 
containers in that product group picked up by the initiator behveen March 1, 2004 
and July 1,2004. Beginning July 1,2004, an initiator of deposit shall pay the 1/2¢ 
handling fee increase for beyerage containers in that product group picked up by the 
initiator between March 1,2004 and July 1,2004 that are not co\'ered b)' a qualified 
commingling agreement as ofJuly 1,2004. 
The department shall adjust the handling fees annually based upon changes in the 
Consumer Price Index published by the United States Department of Labor, Bureau of 
Labor Statistics. 
Sec. 5. 32 MRSA §1866, sub-§5, as amended by PL 2003, c. 499, §7, is further 
amended to read: 
I 
5. Obligation to pick up containers. The obligation to pick up beverage containers 
subject to this chapter is determined as follows. 
A. 
A distributor that initiates the deposit under section I 863-A, subsection 2 or 4 
has the obligation to pick up any empty, unbroken and reasonably clean beverage 
containers of the particular kind, size and brand sold by the distributor from dealers to 
whom that distributor has sold those beverages and from licensed redemption centers 
designated to serve those dealers pursuant to an order entered under section 1867. A 
distributor that, within this State, sells beverages under a particular label exclusively 
to one dealer, which dealer offers those labeled beverages for sale at retail 
exclusively at the dealer's establishment, shall pick up any empty, unbroken and 
reasonably clean beverage containers of the kind, size and brand sold by the 
distributor to the dealer only from those licensed redemption centers that serve the 
various establishments of the dealer, under an order entered under section 1867. A 
dealer that manufactures its own beverages for exclusive sale by that dealer at retail 
has the obligation of a distributor under this section. 
The commissioner may 
establish by rule, in accordance with the Maine Administrative Procedure Act, 
criteria prescribing the manner in which distributors shall fulfill the obligations 
imposed by this paragraph. The rules may establish a minimum number or value of 
containers below which a distributor is not required to respond to a request to pick up 
empty containers. Any rules promulgated under this paragraph must allocate the 
burdens associated with the handling, storage and transportation of empty containers 
to prevent unreasonable financial or other hardship. 
B. 
The initiator of the deposit under section 1863-A, subsection 3 has the obligation 
to pick up any empty, unbroken and reasonably clean beverage containers of the 
particular kind, size and brand sold by the initiator from dealers to whom a distributor 
has sold those beverages and from licensed redemption centers designated to serve 
those dealers pursuant to an order entered under section 1867. The obligation may be 
fulfilled by the initiator directly or indirectly through a contracted agent. 
C. 
An initiator of the deposit under section 1863 A, subsection 2, 3 or 4 has the 
obligation to pick up any empty, unbroken and reasonably clean beverage containers 
that are commingled pursuant to a commingling agreement along with any beverage 
containers that the initiator is otheF' .... ,ise obligated to pick up pursuant to paragraphs l'. 
an6--B-: 
The obligation of the initiator of the deposit under this subsection may be fulfilled by the 
initiator directly or through a party with which it has entered into a commingling 
agreement. 
Sec. 6. 32 MRSA §1866, sub-§5-A is enacted to read: 
5-A. Size and weight. A distributor may not require the sorting of a beverage 
container in a size category not listed in this subsection. A beverage container of a size 
that does not conform to a size category listed in this subsection must be sorted in the 
category that most closely matches the size of the container. A distributor shall provide a 
dealer or local redemption center with a universal bag gauged for each size category 
listed in this subsection. A distributor may accept or reject a filled gauged bag on sight if 
• 
I 
the distributor detennines the bag was not filled correctly. 
The sIze categories for 
beverage containers include: 
A. Containers that are 8-ounces aluminum; 
B. Containers that are 12-ounces aluminum; 
C. Containers that are 12-ounces other than aluminum; 
D. Containers that are 16-ounces aluminum; 
E. Containers that are 20-ounces other than aluminum; 
F. Containers that are 33.8-ounces other than aluminum; 
G. Containers that are 67.6-ounces other than aluminum; and 
H. Containers that are I 28-ounces other than aluminum. 
II 
Sec. 7. 32 MRSA §1866-D, as enacted by PL 2003, c. 499, §8, is repealed. 
Sec. 8. 32 MRSA §1866-E, first ~, as enacted by PL 2003, c. 499, §8, IS 
repealed. 
Sec. 9. 32 MRSA §1866-E, sub-§4, as amended by PL 2003, c. 700, §2 and as 
affected by §6, is further amended to read: 
4. Transfer of abandoned deposit amounts. By the 20th day of each month, an 
initiator shall turn over to the State Tax Assessor the initiator's abandoned deposit 
amounts determined pursuant to subsection 3. Those amounts may be paid from the 
deposit transaction fund. Amounts collected by the assessor pursuant to this subsection 
must be treated by the assessor as a tax, as that term is defined by Title 36, section Ill, 
subsection 5, and must be deposited in the General Fund transferred to the Department of 
Education to be used as the Commissioner of Education determines appropriate. 
Sec. 10. 32 MRSA §1866-E, sub-§7, as enacted by PL 2003, c. 700, §4 and as 
affected by PL 2003, c. 700, §6, is repealed. 
Sec. 11. 32 MRSA §1866-F is enacted to read: 
§1866-F. Commingling prohibited 
Commingling of beverage containers of like or dissimilar product groups, materials 
or size of 2 or more initiators of deposit is prohibited, except for a container in the size 
category listed in section 1866, subsection 5-A, paragraph B. 
Sec. 12. 32 MRSA §1869, sub-§l, as enacted by PL 1975, c. 739, § 16, IS 
amended to read: 
1. 
Civil violation. A violation of this chapter by any person shall be ~ a civil 
violation for which a forfeiture fine of not more than $100 may be adjudged, unless the 
person is a distributor, for which a fine of not more than $1,000 may be adjudged. 
Sec. 13. 32 MRSA §1874 is enacted to read: 
§1874. Private right of action 
A local redemption center may bring a private right of action against a distributor to 
enforce the provisions of this chapter. 
SUMMARY 
This bill amends the bottle redemption laws in the following ways: 
1. It reduces the minimum allowable deposit for wine and spirit containers from 15¢ 
to 5¢; 
2. It increases the collection and handling fee for beverage containers by 2¢; 
3. It prohibits the commingling of beverage containers of like or dissimilar product 
groups, materials or size of 2 or more initiators of deposit except for 12-ounce aluminum 
containers; 
4. It lists size categories in which beverage containers must be sorted and requires 
distributors to provide gauged bags to dealers and local redemption centers; 
5. 
It redirects funds from abandoned deposits from the General Fund to the 
Department of Education; 
6. 
It increases the penalty for a violation of the beverage container laws for a 
distributor from a fine of no more than $100 to a fine of no more than $1,000; and 
7. It allows a private right of action for a local redemption center to enforce the 
bottle redemption laws against a distributor.