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-HA_D_H571 (House)
Amends: 32 MRSA §1863-A, 32 MRSA §1866, 32 MRSA §1871-A

HOUSE AMENDMENT" D" 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 §1863-A, as enacted by PL 1991, c. 819, §3, is amended to 
read: 
§1863-A. Refund value 
To encourage container reuse and recycling, every beverage container sold or offered 
for sale to a consumer in this State must have a deposit and refund value. The deposit 
and refund value are determined according to the provisions of this section. 
1. Refillable containers. For refillable beverage containers, except wine and spirits 
containers, the manufacturer shall determine the deposit and refund value according to 
the type, kind and size of the beverage container. The deposit and refund value may not 
be less than must be 5¢. 
2. Nonrefillable containers; exclusive distributorships. For nonrefillable beverage 
containers, except wine and spirits containers, sold through geographically exclusive 
distributorships, the distributor shall determine and initiate the deposit and refund value 
according to the type, kind and size of the beverage container. The deposit and refund 
:va+ue must Bet be less than 5¢. 
3. 
Nonrefillable containers; nonexclusive distributorships. 
For nonrefillable 
beverage containers, except wine and spirits containers, not sold through geographically 
exclusive distributorships, the deposit and refund value may not must be less than 5¢. 
4. Wine and spirits containers. For wine and spirits containers of greater than 50 
milliliters, the refund value may not must be less than 15¢. On January 1, 1993, the 
department shall issue a finding on the percentages of wine containers and spirits 
HOUSE AMENDMENT 
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HOUSE AMENDMENT" 17" to COMMITTEE AMENDMENT "A" to S.P. 139, L.b. 397 
containers returned for deposit. If the department finds the return rate of wine containers 
was less than 60% during the year ending September 1992, then, on July 1, 1993, the 
refund value on wine containers may not be less than 25¢. If the department finds the 
return rate of. spirits containers was less than 60% during the year ending September 
1992, then, on July 1, 1993, the refund value of spirits containers may not be less than 
25¢. 
Sec. 2. 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 a dealer or redemption center must conform to rules adopted by the 
department concerning size and gauge. Rules adopted pursuant .to this subsection are 
major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 3. 32 MRSA §1866, sub-§10 is enacted to read: 
.. Buill:. 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 3,000 beverage containers. 
A. When a person tenders for redemption more than 3,000 beverage containers at 
one time to a dealer or redemption center, the dealer or redemption center shall, 
before processing the beverage containers, contact the department or the Department 
of Public Safety. 
The department or the Department of Public Safety shall 
investigate the transaction to verify that the containers are legitimate containers for 
redemption in this State. 
B. Paragraph A does not apply to a person who tenders to a dealer or redemption 
center for redemption more than 3,000 beverage containers if: 
(I) All of the containers were collected at one location in this State; 
(2) All proceeds of the refund value benefit a nonprofit organization that has been 
determined by the United States InternaJ Revenue Service to be exempt from 
taxation under the United States Internal Revenue Code, Section 50I(c)(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. 4. 32 MRSA §1871-A, as enacted by PL 2001, c. 661, §9and corrected by 
RR 200 I, c. 2, Pt. A, §41, is 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. 
1. Procedures; licensing fees. The department shall adopt rules establishing the 
requirements and procedures for issuance of licenses and annual renewals under this 
HOUSE A 'ENDMENT 
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HOUSE AMENDMENT "D" to COMMITTEE AMENDMENT "A" to S.P. 139, L.D. 397 
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 to review by the joint standing committee of 
the Legislature havingjurisdiction 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; aR6 
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. 
3. 
Location of redemption centers; population requirements; rules. 
The 
department may grant a license to a redemption center that meets the population 
requirements established by the department by rule. 
Rules adopted pursuant to this 
subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. 
4. Exceptions. Notwithstanding subsection 3: 
A. An owner of a redemption center who is renewing 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 
subsection 3 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. 5. Moratorium. The Department of Agriculture, Food and Rural Resources 
may not issue a new license for a redemption center from September 30, 2009 to 
December 31,2009." 
SUMMARY 
This amendment makes the following changes to the beverage container laws. 
HOUSE AMENDMENT 
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HOUSE AMENDMENT·J)" to COMMITTEE AMENDMENT "A" to S.P. 139, L.D. 397 
I. This amendment removes the exception for reverse lending machines from the 1 ¢ 
increase of the handling fee for beverage containers proposed by Committee Amendment 
"A" and maintains the 1 ¢ increase for the handling fee as proposed by the bill. 
2. It prohibits a manufacturer from increasing or decreasing the refund value of any 
beverage container. 
3. It~equires a dealer or redemption center to contact the Department of Agriculture, 
Food and Rural Resources or the Department of Public Safety when a person tenders 
more than 3,000 beverage containers at one time for redemption. 
4. It clarifies that the plastic bags used by the redemption center for the return of 
beverage containers must be of a specific size and thickness, to be determined by rule by 
the department. 
.. 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 that 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 proximity of the 
proposed redemption center. 
6. It puts a moratorium on the Department of Agriculture, Food and Rural Resources' 
issuance of new licenses for redemption centers from September 30, 2009 to December 
31,2009. 
SPONSORED BY: c.~-~-
(Representative CASAVANT) 
TOWN: Biddeford 
HOUSE AMENDMENT 
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