An Act To Create Fairness in the Redemption of Beverage Containers
Maine Legislature, Session 129, LD 1115
Committee: Environment and Natural Resources
Sponsors: MIRAMANT, BREEN, CYRWAY, GRATWICK, DOUDERA, FOLEY
Amends: 38 MRSA §3106

Legislative Document
No. 1115
S.P. 335
In Senate, March 7, 2019
An Act To Create Fairness in the Redemption 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 MIRAMANT of Knox.
Cosponsored by Senators: BREEN of Cumberland, CYRWAY of Kennebec, GRATWICK of 
Penobscot, Representatives: DOUDERA of Camden, FOLEY of Biddeford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §3106, sub-§2, as enacted by PL 2015, c. 166, §14, is amended 
to read:
2.  Permissive refusal by dealer.  A Except as provided in subsection 2-A, a dealer 
may refuse to accept from a consumer or other person and to pay the refund value on any 
beverage container, if the place of business of the dealer and the kind, size and brand of 
beverage container are included in an order of the department approving a redemption 
center under section 3109.
Sec. 2.  38 MRSA §3106, sub-§2-A is enacted to read:
2-A.  Prohibited refusal by dealer.  Notwithstanding subsection 2 and in accordance 
with the requirements of this subsection, if no redemption center approved by the 
department under section 3109 is located within 5 miles from the property line of a 
dealer, the dealer may not refuse to accept from a consumer or other person and to pay 
the refund value on any beverage container that was sold by the dealer.
A.  A dealer subject to the requirements of this subsection shall affix to the beverage 
containers it sells a sticker or similar device that indicates the beverage container is 
sold by the dealer, except that prior to affixing a sticker or similar device to any 
beverage container, the dealer must submit the sticker or similar device to and receive 
written approval from the department to use the sticker or similar device.  The dealer 
may refuse to accept from a consumer or other person and to pay the refund value on 
any beverage container that does not have affixed to it the dealer's sticker or similar 
device approved by the department pursuant to this paragraph.
B.  Notwithstanding subsection 4, a dealer subject to the requirements of this 
subsection may refuse to accept beverage containers during:
(1)  No more than 50% of the business days that the dealer is open weekly; or
(2)  No more than 2 hours of each business day that the dealer is open if the 
dealer accepts beverage containers on all business days that the dealer is open.
If a dealer restricts the hours or days during which the dealer accepts beverage 
containers, the hours or days during which the dealer will not accept containers must 
be conspicuously posted.
SUMMARY
This bill amends the bottle redemption laws to require a dealer to accept from a 
consumer or other person and to pay the refund value on any beverage container that was 
sold by the dealer if no approved bottle redemption centers are located within 5 miles 
from the property line of the dealer.  Subject to prior approval of the Department of 
Environmental Protection, a dealer shall affix to the beverage containers it sells a sticker 
or similar device indicating that the beverage container is sold by the dealer and may 
refuse to accept from a consumer or other person and to pay the refund value on any 
beverage container that does not have the sticker or similar device affixed to it.  A dealer 
may also limit the hours or days on which it accepts beverage containers for redemption.
Under the bottle redemption laws, a dealer is a person who sells, offers to sell or 
engages in the sale of beverages in beverage containers to a consumer, and a dealer may, 
but is not currently required to, accept from a consumer or other person and pay the 
refund value on any beverage container.