An Act To Amend the Laws Governing Bottle Redemption and To Establish the Department of Agriculture, Food and Rural Resources as the Agent in the State for the Purposes of Bottle Redemption
Maine Legislature, Session 124, LD 0397
Committee Amendment CA_A-SA_A_S286 (Senate)
Amends: 32 MRSA §1862, 32 MRSA §1866, 32 MRSA §1867, 32 MRSA §1871-A

FIR.ST REGULAR SESSION 
SENA TE AMENDMENT" A " 
to COMMITTEE AMENDMENT "A" to S.P. 139, 
L.D. 397, Bill, "An Act To Amend the Laws Governing Bottle Redemption and To 
Establish the Department of Agriculture, Food and Rural Resources as the Agent in the 
State for the Purposes of Bottle Redemption" 
Amend the amendment by striking out everything after the substitute title and' before 
the summary and inserting the following: 
'Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 32 MRSA §1862, sub-§2, as amended by PL 1993, c. 59 I, § I and 
affected by §5, is further amended to read: 
2. 
Beverage container. "Beverage container" means a bottle, can, jar or other 
container made of glass, metal or plastic that has been sealed by a manufacturer and at the 
time of sale contains -4- 2 liters or less of a beverage. This term does not include a 
container composed, in whole or in part, of aluminum and plastic or aluminum and paper 
in combination as long as the aluminum content represents 10% or. less of the unfilled 
container weight, the container materials represent 5% or less of the total weight of the 
container and its contents, and the container is filled with a nonalcoholic beverage. 
Sec. 2. 32 MRSA §1866, sub-§4, E'[A, as amended by PL 2003, c. 499, §6, is 
further amended to read: 
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 iHHi .. at least 3 1I2¢ for containers picked up on or after 
March 1, 2004 and before March 1, 2010 and at least 4¢ for containers picked up on 
or after March 1, 2010. The initiator of the deposit may reimburse the dealer or local 
redemption center directly or indirectly through a party with which it has entered into 
a commingling agreement. 
Sec. 3. 32 MRSA §1866, sub-§4, ~, as corrected by RR 2003, c. I, §34, is 
further' amended to read: 
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SENATE AMENDMENT 'k" to COMMITTEE AMENDMENT "A" to S.P. 139, L.D. 397 
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 
before March 1, 2004 iH*l .. at least 3 1I2¢ for containers picked up on or after March 
1, 2004 and before March 1, 2010 and at least 4¢ for containers picked up on or after 
March 1, 2010. 
The initiator of the deposit may reimburse the dealer or local 
redemption center directly or indirectly through a contracted agent or through a party 
with which it has entered into a commingling agreement. 
Sec. 4. 32MR§A §1866, sub-§4, enD, as amended by PL 2003, c. 688, Pt. E, § I, 
is further amended to read: 
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D. 
Paragraphs A, Band C 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 er 
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 3¢ per returned container. 
Sec. 5. 32 MRSA§1866, sub-§5-A is enacted to read: 
5-A. Plastic bags. A dealer or redemption center has an obligation to pick up plastic 
bags that are used by that dealer or redemption center to contain beverage containers. 
Plastic bags used by it dealer or redemption center must conform to rules adopted by the 
department concerning size and gauge. Rules adopted pursuant to this subsection 'are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2,.A. 
Sec. 6. 32 MRSA §1866, sub-§lO is enacted to read: 
10. Bulk redemption. In order to prevent fraud from the redemption of beverage 
containers not originally sold in this State, this subsection governs the redemption of 
more than 2,500 beverage containers. 
A. A person tendering for redemption more than 2,500 beverage containers at one 
time to a dealer or redemption center must provide to the dealer or redemption center 
that person's name and address and the license plate number of the vehicle used to 
transport the beverage containers. The dealer or redemption center redeeming these 
beverage containers shall forward that information to the department within 10 days, 
and the information must be kept on file for a minimum of 12 months. 
B. After complying at least once with the requirements of paragraph A, a person 
need not comply with paragraph A each subsequent time that person tenders to a 
dealer or redemption center for redemption more than 2,500 beverage containers if: 
(I) All of the containers were, collected at one location in this State; 
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SENATE AMENDMENT 'k" to COMMITTEE AMENDMENT "A" to S.P. 139, L.D. 397 
(2) All proceeds of the refund value benefit a nonprofit organization that has been 
determined by the United States Internal Revenue Service to be exempt from 
taxation under the United States Internal Revenue Code, Section 50ICc)(3); and 
(3) The person tendering the containers for redemption signs a declaration 
indicating the person's name, the address of the collection point and the name of 
the organization or organizations that will receive the refund value. 
Sec. 7. 32 MRSA §1867, sub-§3, as amended by PL 2001, c. 661, §6, is further 
amended to read: 
3. 
Approval. The commISSIOner sfla!-l may approve the licensing of a local 
redemption center if the redemption center complies with the requirements established 
under section 1871-A. The order approving a local redemption center license must state 
the dealers to be served and the kinds, sizes and brand names of empty beverage 
containers that the center accepts. 
Sec. 8. 32 MRSA §1871-A, as enacted by PL 2001, c. 661, §9 and corrected by 
RR 2001, c. 2, Pt. A, §41, is further amended to read: 
§1871-A. Licensing requirements 
A license issued annually by the department is required before any person may 
initiate deposits under section 1863-A, operate a redemption center under section 1867 or 
act as a contracted agent for the collection of beverage containers under section 1866, 
subsection 5, paragraph B. 
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1. Procedures; licensing fees. The department shall adopt rules establishing the 
requirements and procedures for issuance of licenses and annual renewals under this 
section, including a fee structure. Initial rules adopted pursuant to this subsection are' 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. Rules adopted 
effective after calendar year 2003 are major substantive rules as defined in Title 5, 
chapter 375, subchapter 2-A and are subject t6 review by the joint standing committee of 
the Legislature having jurisdiction over business and economic development matters. 
2. Criteria for licensing rules. In developing rules under subsection 1 for licensing 
, redemption centers, the department shall consider at least the following: 
A. The health and safety of the public, including sanitation protection when food is 
also sold on the premises; aH€l 
B. The convenience for the public, including standards governing the distribution of 
centers by popUlation or by distance, or both;,~ 
C. The proximity of the proposed redemption center to existing redemption centers 
and the potential impact that the location of the proposed redemption center may have 
on an existing redemption center; 
D. The proposed owner's record of compliance with this chapter and rules adopted 
by the department pursuant to this chapter; and 
E. The hours of operation of the proposed redemption center and existing redemption 
centers in the proximity of the proposed redemption center. 
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SENATE AMENDMENT ,A "toCOMMITTEE AMENDMENT "A" to S.P. 139, L.D. 397 
3. Location of redemption centers; population requirements. The department 
may grant a license to a redemption center if the following requirements are met: 
A. The department may license up to 5 redemption centers in a municipality with a 
population over 30,000; 
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B. The department may license up to 3 redemption centers in a municipality with a 
population over 20,000 but no more than 30,000; 
C. The department may license up to 2 redemption centers in a municipality with a 
population over 5,000 but no more than 20,000; and 
D. 
The department may license no more than one redemption center in a 
municipality with a population of no more than 5,000. 
4. Exceptions. Notwithstanding subsection 3: 
A. An owner of a redemption center who is ren·ewing or selling the license of a 
redemption center licensed by the department as of April 1, 2009 need not comply 
with subsection 3; 
B. An entity that is a food establishment or distributor licensed by or registered with 
the department need not comply with subsection 3; 
C. A reverse vending machine is not considered a redemption center for purposes of 
subsection3 when it is located in a licensed redemption center; and 
D. The department may grant a license that is inconsistent with the requirements set 
out in subsection 3 only if the applicant has demonstrated a compelling public need 
for an additional redemption center in the municipality. 
Sec. 9. 32 MRSA§1871-D is enacted to read: 
§1871-D. Denial of redemption center license 
1. Denial of application. The department shall notify an applicant denied a license 
for a redemption center of the reasons for the denial. Written notification must be sent to 
the mailing address given by the applicant in the application for a redemption center 
license. 
2'. 
Aggrieved applicants. 
An applicant aggrieved by a decision made by the 
department may appeal the decision by filing an appeal with the Superior Court and 
serving a copy of the appeal upon the department in accordance with the Maine Rules of 
Civil Procedure, Rule 80C. The appeal must be filed and served within 30 days of the 
mailing of the department's decision.' , 
SUMMARY 
This amendment makes the following changes to the beverage container laws. 
1. It raises the handling fee on beverage containers to 4¢ for containers picked up on 
or after March 1,2010. 
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2. It limits the number of redemption centers that may be licensed in a municipality 
based on the population of the municipality. The population limits do not apply to 
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SENATE AMENDMENT "4,, toCOMMITIEE AMENDMENT "A" to S.P. 139, L.D. 397 
existing redemption centers, certain other licensed entities or certain reverse vending 
machines and may be waived if the applicant shows a compelling need. 
3. It requires any person who tenders more than 2,500 beverage containers for 
redemption at any dealer or redemption center to provide a name, address and license 
plate number and requires that the information be forwarded to the Department of 
Agriculture, Food and Rural Resources and kept on file for a minimum of one year. 
4. It clarifies thatthe redemption center is responsible for the plastic bags used for the 
return of beverage containers and that the bags must be of a specific size and thickness, to 
be determined by rule by the department. 
5. Current law provides for the redemption of beverage containers that contain 4 liters 
or less of a beverage. This amendment changes that amount to 2 liters or less. 
6. It requires that, in adopting rules for licensing redemption centers, the department 
consider the proximity of the proposed redemption center to existing redemption centers, 
the potential impact th~t the location of the proposed redemption center may have on an 
existing redemption center, the owner's record of compliance and the hours of operation 
of the proposed redemption center and existing redemption centers in the proxim ity of the 
proposed redemption center. 
7. It requires the department to notify applicants denied a license for a redemption 
center of the reasons for the denial and provides a p~ 
appeal. 
SPONSORED BY: (l&; -~ 
(Senator RECTOR) 
COUNTY: Knox 
FISCAL NOTE REQURED 
(Sg~~~.~~ched) 
PageS - 124LR0052(07)-1 
SENATE AMENDMENT 
Approved: 06/01/09 ::b?ac:.. 
LD397 
LRS2(07) 
An Act To Amend the Laws Governing Bottle Redemption and To Establish the Department of 
Agriculture, Food and Rural Resources as the Agent in the State for the Purposes of Bottle 
RedemHtion 
Fiscal Note for Senate Amendment "PC' to Committee Amendment "A" 
Sponsor: Sen. Rector of Knox 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Department of Agriculture, Food and Rural Resources can be absorbed within existing 
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budgeted resources.') 
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LR0052(07) - Fiscal Note - Page 1 of1