An Act To Repeal the Laws That Establish a Deposit for Bottles and Cans
Maine Legislature, Session 123, LD 1004
Committee: Business, Research and Economic Development
Sponsors: BOWMAN, BEAUDOIN
Amends: 17 MRSA §331, 28-A MRSA §705, 28-A MRSA §1355, 28-A MRSA §1651, 28-A MRSA §2075, 28-A MRSA §2077, 38 MRSA §2201

Legislative Document 
No. 1004 
S.P.321 
March 2, 2007 
An Act To Repeal the Laws That Establish a Deposit for Bottles and 
Cans 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Senator BOWMAN of York. 
Cosponsored by Representative BEAUDOIN of Biddeford. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17 MRSA §331, sub-§9, as enacted by PL 1991, c. 251, § 1, is repealed. 
Sec. 2. 28-A MRSA §705, sub-§I-D, as enacted by PL 2003, c. 349, §2, is 
repealed. 
Sec. 3. 28-A MRSA §1355, sub-§I-A, ~C, as amended by PL 2001, c. 236, §1, 
is further amended to read: 
C. 
The holder of a brewery license may sell on the brewery premises during regular 
business hours to nonlicensees only a specialty package of malt liquor produced at 
the brewery. The volume of the specialty package may not exceed 15.5 gallons and 
must be consumed off the premises. The sale of specialty packages described in this 
paragraph must comply with keg tagging requirements provided in section 714. The 
brewery shall submit a monthly report to its wholesaler detailing sales made directly 
from the brewery premises. The wholesaler shall ealeulate the fees for any bottle 
deposit and submit an inyoiee to the breweF)' for expenses assoeiated with the 
requirements preseribed in Title 32, ehapter 28 ineluding the retailer handling fee, 
state eontainer deposit and a mutually agreed upon piek up fee. 
Sec. 4. 28-A MRSA §1651, sub-§l, ~C, as amended by PL 1993, c. 615, §5, is 
repealed. 
Sec. 5. 28-A MRSA §2075, sub-§2-A, as amended by PL 2003, c. 452, Pt. P, §6 
and affected by Pt. X, §2, is repealed. 
Sec. 6. 28-A MRSA §2077, sub-§2-A, as amended by PL 2003, c. 452, Pt. P, §7 
and affected by Pt. X, §2, is repealed. 
Sec. 7. 32 MRSA c. 28, as amended, is repealed. 
Sec. 8. 38 MRSA §2201, first ~, as amended by PL 1995, c. 465, Pt. A, §72 and 
affected by Pt. C, §2, is further amended to read: 
The Maine Solid Waste Management Fund, referred to in this section as the "fund," is 
established as a nonlapsing fund to support programs administered by the State Planning 
Office and the Department of Environmental Protection. 
The fund must be segregated 
into 2 subsidiary accounts. The first subsidiary account, called operations, receives all 
fees established and received under article I. 
The 2nd subsidiary account, called 
administration, receives all fees established under this article and under Title 36, chapter 
719, and all funds recovered by the department as reimbursement for departmental 
expenses incurred to abate imminent threats to public health, safety and welfare posed by 
the illegal disposal of solid waste and all unclaimed deposits returned to the State under 
Title 32, ehapter 28. 
SUMMARY 
This bill repeals the laws that place a deposit and refund value on beverage 
containers.