An Act To Reduce Fraud in the Processing of Beverage Containers
Maine Legislature, Session 123, LD 1759
Committee Amendment CA_A_H387 (House)
Amends: 32 MRSA §1866

COMMITTEE AMENDMENT" A ;, to H.P. 1225, L.D. 1759, Bill, "An Act To 
Reduce Fraud in the Processing of Beverage Containers" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Preserve the Recycling Value of Beverage Containers' 
Amend the bill by striking out all of sections 3 to 7 and inserting the following: 
'Sec. 3. 32 MRSA §1866, sub-§3-A is enacted to read: 
3-A. Obligation to preserve recycling value. Notwithstanding subsection 5, a 
distributor or its agent may refuse to accept, or pay the refund value and handling costs to 
a dealer, redemption center or other person for, a beverage container that has been 
processed by a reverse vending machine in a way that has reduced the recycling value of 
the container below current market value. This subsection may not be interpreted to 
prohibit a written processing agreement between a distributor and a dealer or redemption 
center and does not relieve a distributor of its obligation under subsection 5 to accept 
empty, unbroken and reasonably clean beverage containers. The department shall adopt 
rules to establish the recycling: value of beverage containers under this subsection and the 
rules may authorize the use of a 3rd-party vendor to determine if a beverage container has 
been processed by a reverse vending machine in a manner that has reduced the recycling 
value below current market value. The rules must outline the method of allocating 
among the parties involved the payment for 3rd-party vendor costs. Rules adopted under 
this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-
A. 
Sec. 4. 32 MRSA §1866, sub-§9 is enacted to read: 
9. License revocation. The department may revoke the license of a dealer or 
redemption center that has been adjudged to have committed a violation ofthis section.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
Page I-123LR2070(02)-1 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1225, L.D. 1759 
SUMMARY 
This amendment removes provisions in the bill proposing that distributors be required 
to pick up similar quantities of beverage containers as were sold to dealers or their 
redemption centers and provisions proposing to require that persons redeeming more than 
1,000 empty containers sign a declaration indicating that those containers were collected 
in Maine. 
The amendment clarifies provisions in the bill allowing distributors to refuse to 
accept beverage containers processed in a way that has reduced the container's value 
below current market recycling value. Distributors are still required, under existing law, 
to accept beverage containers that are empty, unbroken and reasonably clean. 
The 
Department of Agriculture, Food and Rural Resources is directed to adopt routine 
technical rules establishing the method for determining the current market recycling value 
of beverage containers. Those rules may authorize the use of a 3rd-party vendor to make 
that determination and must prescribe how payment for those 3rd-party vendor costs will 
be allocated among the parties involved. 
The amendment also clarifies that the Department of Agriculture, Food and Rural 
Resources may revoke a dealer or redemption center license if the dealer or redemption 
center is adjudged to have committed a violation of the laws pertaining to the acceptance 
of empty beverage containers and the payment of refund values and handling fees. 
FISCAL ~OTE REQURED 
!~e~ ~ttached) 
COMMITTEE AMENDMENT 
Approved: 05/30107 :::tPac.. 
( 
LD 1759 
LR 2070(02) 
An Act To Reduce Fraud in the Processing of Beverage Containers 
Fiscal Note for Bill as Amended by Committee Amendment" A " 
Committee: Business, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR2070(02) - Fiscal Note - Page 1 of 1