An Act To Improve Efficiency in the Collection of Beverage Containers
Maine Legislature, Session 126, LD 1080
Committee: Environment and Natural Resources
Sponsors: HAMPER
Amends: 32 MRSA §1866, 32 MRSA §1871-A

Legislative Document 
No. 1080 
S.P. 362 
In Senate, March 19, 2013 
An Act To Improve Efficiency in the Collection of Beverage 
Containers 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator HAMPER of Oxford. 
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. 
D.  The initiator of deposit or initiators of deposit who are members of a 
commingling agreement have the obligation under this subsection to pick up 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 
every 15 days.  The initiator of deposit or initiators of deposit who are members of a 
commingling agreement have the obligation to make additional pickups when a 
redemption center has collected 10,000 beverage containers from that initiator of 
deposit or from the initiators of deposit who are members of a commingling 
agreement. 
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.  A contracted agent hired to pick up beverage containers for one or more 
initiators of deposit is deemed to have made a pickup at a redemption center for those 
initiators of deposit when it picks up beverage containers belonging to those initiators of 
deposit. 
Sec. 2.  32 MRSA §1866, sub-§12 is enacted to read: 
12.  Audits.  A distributor or its designated agent may conduct an audit of the 
beverage containers presented for acceptance by a redemption center at that redemption 
center after accepting those beverage containers.  The plastic bags containing beverage 
containers to be audited must be identified by the distributor upon acceptance and must 
constitute a minimum of 10% of the total beverage containers designated by the 
redemption center for acceptance.  The audit must conform to the Maine Weights and 
Measures Law, except that the opportunity to correct a deficiency or overage does not 
apply.  If there is a deficiency or overage, the ratio of actual, refund-eligible containers to 
the reported total from the redemption center for the plastic bags audited must be used to 
adjust refund and handling fee payments to the redemption center for the total amount 
presented for acceptance.  The initiator of deposit shall notify the department of the 
results of any audit if an adjustment to the reported total of beverage containers has been 
made. 
Sec. 3.  32 MRSA §1871-A, first ¶, as enacted by PL 2001, c. 661, §9, is 
amended to read: 
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.  Notwithstanding any other provisions of this chapter to the 
contrary, the following provisions apply to all licensed redemption centers. 
SUMMARY 
This bill: 
1.  Requires that collections from redemption centers be made by a distributor or 
commingling group of distributors every 15 days and requires additional pickups to be 
made when the redemption center has more than 10,000 beverage containers from that 
distributor or group of distributors; 
2.  Establishes a process that permits an audit of the plastic bags containing beverage 
containers submitted for acceptance to a distributor; and 
3.  Clarifies that all licensed redemption centers are counted when calculating the 
number of redemption centers in a community.