An Act To Create Consistency and Fairness in Maine's Bottle Bill
Maine Legislature, Session 125, LD 1324
Committee: Environment and Natural Resources
Sponsors: PRESCOTT, MARTIN, CUSHING, DOW, FITTS, HAYES, PILON, TILTON, WEAVER, WINTLE
Amends: 32 MRSA §1862, 32 MRSA §1863-A, 32 MRSA §1865, 32 MRSA §1866, 32 MRSA §1871-A, 32 MRSA §1874

Legislative Document 
No. 1324 
H.P. 970 
House of Representatives, March 28, 2011 
An Act To Create Consistency and Fairness in Maine's Bottle Bill 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative PRESCOTT of Topsham. 
Cosponsored by Senator MARTIN of Kennebec and 
Representatives: CUSHING of Hampden, DOW of Waldoboro, FITTS of Pittsfield, HAYES of 
Buckfield, PILON of Saco, TILTON of Harrington, WEAVER of York, WINTLE of Garland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  32 MRSA §1862, sub-§2, as amended by PL 1993, c. 591, §1 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 liters 28 ounces 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 §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 5¢ 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 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 
value must not 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 be less than 5¢. 
4.  Wine and spirits containers.  For wine and spirits containers of greater than 50 
milliliters, the refund value may not be less than 15¢.  On January 1, 1993, the 
department shall issue a finding on the percentages of wine containers and spirits 
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. 3.  32 MRSA §1865, sub-§1-A, as amended by PL 1991, c. 819, §4, is 
further amended to read: 
1-A.  Labels; nonrefillable containers; nonexclusive distributorships.  With 
respect to nonrefillable beverage containers the deposits for which are initiated pursuant 
to section 1863-A, subsection 3, the refund value and the word "Maine" or the 
abbreviation "ME" must be clearly indicated on every refundable beverage container sold 
or offered for sale by a dealer in this State, by permanently embossing or permanently 
stamping the beverage containers, except in instances when the initiator of the deposit has 
specific permission from the department to use stickers or similar devices.  The refund 
value may not be indicated on the bottom of the container.  Metal beverage containers 
must be permanently embossed or permanently stamped on the tops of the containers. 
Sec. 4.  32 MRSA §1865, sub-§1-B, as enacted by PL 1995, c. 437, §1, is 
amended to read: 
1-B. 
Labels; 
nonrefillable 
containers; 
exclusive 
distributorships.  
Notwithstanding subsection 1 and with respect to nonrefillable beverage containers, for 
the deposits that are initiated pursuant to section 1863-A, subsection 2, the refund value 
and the word "Maine" or the abbreviation "ME" may be clearly indicated on refundable 
beverage containers sold or offered for sale by a dealer in this State by use of stickers or 
similar devices if those containers are not otherwise marked in accordance with 
subsection 1.  A redemption center shall accept containers identified by stickers in 
accordance with this subsection or by embossing or stamping in accordance with 
subsection 1. 
Sec. 5.  32 MRSA §1865, sub-§2, as repealed and replaced by PL 1991, c. 819, 
§5, is amended to read: 
2.  Brand name.  Refillable glass beverage containers of carbonated beverages, for 
which the deposit is initiated under section 1863-A, subsection 1, that have a refund value 
of not less than 5¢ and a brand name permanently marked on the container are not 
required to comply with subsection 1.  The exception provided by this subsection does 
not apply to glass beverage containers that contain spirits, wine or malt liquor as those 
terms are defined by Title 28-A, section 2. 
Sec. 6.  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 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, 
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 environmental and natural resources matters. 
Sec. 7.  32 MRSA §1866, sub-§4, ¶A, as amended by PL 2009, c. 405, §1, is 
repealed. 
Sec. 8.  32 MRSA §1866, sub-§4, ¶B, as amended by PL 2009, c. 405, §2, is 
further amended to read: 
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, at least 3 1/2¢ 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. 9.  32 MRSA §1866, sub-§4, ¶C, as enacted by PL 2003, c. 499, §6, is 
amended to read: 
C.    The reimbursement that the initiator of the deposit is obligated to pay the dealer 
or redemption center pursuant 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 50% 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 Alcoholic 
Beverages and Lottery Operations, shall make every reasonable effort to enter into a 
qualified commingling agreement under this subparagraph paragraph with every 
other initiator of deposits for beverage containers that are of like product group, size 
and material as the beverage containers for which the State is the initiator of deposit. 
Sec. 10.  32 MRSA §1866, sub-§4, ¶D, as amended by PL 2009, c. 405, §3, is 
further amended to read: 
D.  Paragraphs A, B and C of this subsection do not apply to a brewer 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 less 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 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 less 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. 11.  32 MRSA §1866, sub-§5, ¶A, as amended by PL 1991, c. 819, §8, is 
further amended to read: 
A.  A distributor that initiates the deposit under section 1863-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. 
Sec. 12.  32 MRSA §1866, sub-§5, ¶B, as amended by PL 1991, c. 819, §8, is 
further amended to read: 
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. 
Sec. 13.  32 MRSA §1866, sub-§5, ¶C, as enacted by PL 2003, c. 499, §7, is 
amended to read: 
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 otherwise obligated to pick up pursuant to paragraphs A 
and B. 
Sec. 14.  32 MRSA §1871-A, sub-§1, as corrected by RR 2001, c. 2, Pt. A, §41, 
is amended to read: 
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 to review by the joint standing committee of 
the Legislature having jurisdiction over business and economic development 
environmental and natural resources matters. 
Sec. 15.  32 MRSA §1874 is enacted to read: 
§1874.  Transition period 
1.  Initiation of deposit.  Effective December 1, 2011, there is no deposit charged on 
any beverage container greater than 28 ounces. 
2.  Redeem deposit.  Beginning  February 1, 2012, a dealer or redemption center has 
no liability to any consumer that relates to the deposit on any beverage container greater 
than 28 ounces.  Beginning March 1, 2012, a manufacturer or distributor has no liability 
to any dealer or redemption center that relates to the deposit or handling fee on any 
beverage container greater than 28 ounces. 
3.  Initiation of 5¢ deposit.  Effective December 1, 2011, the deposit for all beverage 
containers 28 ounces or less is 5¢. 
4.  Redeem 5¢ deposit.  Beginning February 1, 2012, a dealer or redemption center 
has no liability to any consumer greater than 5¢ on any beverage container.  Beginning 
March 1, 2012, a manufacturer or distributor has no liability to any dealer or redemption 
center greater than 5¢ on any beverage container. 
SUMMARY 
This bill removes containers larger than 28 ounces from the bottle bill.  It establishes 
a period for phaseout for discontinuing the issuance of deposit and redemption of deposit 
for these items, including the payment of deposits by redemption centers to consumers 
and the payment of deposits and handling fees by manufacturers and distributors to 
redemption centers. 
The bill also establishes a uniform deposit of 5¢ for all containers and establishes a 
similar period for phaseout for converting the deposit on those items from 15¢ to 5¢.