An Act To Reduce Truck Travel Caused by the Bottle Redemption Laws
Maine Legislature, Session 125, LD 0728
Committee: Environment and Natural Resources
Sponsors: RECTOR, PRESCOTT, MASON, SAVIELLO, SCHNEIDER, AYOTTE, CUSHING, HUNT
Amends: 32 MRSA §1866

Legislative Document 
No. 728 
S.P. 217 
In Senate, February 18, 2011 
An Act To Reduce Truck Travel Caused by the Bottle Redemption 
Laws 
Received by the Secretary of the Senate on February 18, 2011.  Referred to the Committee 
on Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator RECTOR of Knox. 
Cosponsored by Representative PRESCOTT of Topsham and 
Senators: MASON of Androscoggin, SAVIELLO of Franklin, SCHNEIDER of Penobscot, 
Representatives: AYOTTE of Caswell, CUSHING of Hampden, HUNT of Buxton. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  32 MRSA §1866, sub-§5, as amended by PL 2003, c. 499, §7, is further 
amended to read: 
5.  Obligation to pick up containers.  The obligation to pick up beverage containers 
subject to this chapter is determined as follows. 
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. 
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. 
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. 
The obligation of the initiator of the deposit under this subsection may be fulfilled by the 
initiator directly or through a party with which it has entered into a commingling 
agreement. 
The initiator of deposit 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 once every 30 days and 
from licensed redemption centers once every 30 days.  The initiator of deposit is not 
obligated to respond to a request to pick up additional containers from a dealer or 
licensed redemption center unless or until the dealer or licensed redemption center has 
accumulated beverage containers with a minimum total refund value of $750. 
SUMMARY 
This bill removes the current obligation in rule that requires a distributor to pick up a 
redemption center every time the distributor makes a delivery of product to any dealer or 
retailer that has an agreement with that redemption center.  It replaces that obligation with 
a statutory obligation to pick up beverage containers at every redemption center every 30 
days and to make additional pick ups when the redemption center has accumulated $750 
worth of beverage containers.