An Act To Exempt Wine Bottles from Maine's Container Redemption System
Maine Legislature, Session 125, LD 1417
Committee: Environment and Natural Resources
Sponsors: FITTS, PLOWMAN
Amends: 32 MRSA §1862, 32 MRSA §1863-A, 32 MRSA §1865, 32 MRSA §1866-D

Legislative Document 
No. 1417 
H.P. 1043 
House of Representatives, April 6, 2011 
An Act To Exempt Wine Bottles from Maine's Container 
Redemption System 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative FITTS of Pittsfield. 
Cosponsored by Senator: PLOWMAN of Penobscot. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  32 MRSA §1862, sub-§1, as amended by PL 2009, c. 110, §1, is further 
amended to read: 
1.  Beverage.  "Beverage" means beer, ale or other drink produced by fermenting 
malt, spirits, wine, hard cider, wine coolers, soda or noncarbonated water and all 
nonalcoholic carbonated or noncarbonated drinks in liquid form and intended for internal 
human consumption, except for unflavored rice milk, unflavored soymilk, milk and dairy-
derived products. 
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 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 may 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.  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-§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. 4.  32 MRSA §1866-D, sub-§3, ¶A, as enacted by PL 2003, c. 499, §8, is 
amended to read: 
A.    Beer, ale or other beverage produced by fermenting malt, wine and wine coolers; 
SUMMARY 
This bill exempts wine bottles from the bottle redemption system.