An Act To Increase the Bottle Redemption Deposit and the Amount Retained by Bottle Redemption Centers
Maine Legislature, Session 129, LD 0575
Committee: Environment and Natural Resources
Sponsors: HANINGTON, CAMPBELL, FOSTER, GRIGNON, JOHANSEN, LYFORD, TUELL
Amends: 38 MRSA §3103, 38 MRSA §3105, 38 MRSA §3106

Legislative Document
No. 575
H.P. 419
House of Representatives, February 5, 2019
An Act To Increase the Bottle Redemption Deposit and the Amount 
Retained by Bottle Redemption Centers
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative HANINGTON of Lincoln.
Cosponsored by Representatives: CAMPBELL of Orrington, FOSTER of Dexter, GRIGNON 
of Athens, JOHANSEN of Monticello, LYFORD of Eddington, TUELL of East Machias.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §3103, sub-§§1 to 3, as enacted by PL 2015, c. 166, §14, are 
amended to read:
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¢ 10¢.
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 may not be less than 5¢ 10¢.
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¢ 10¢.
Sec. 2.  38 MRSA §3105, sub-§4, as enacted by PL 2015, c. 166, §14, is amended 
to read:
4.  Brand name.  Refillable glass beverage containers of carbonated beverages, for 
which the deposit is initiated under section 3103, subsection 1, that have a refund value of 
not less than 5¢ 10¢ 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. 3.  38 MRSA §3106, sub-§7, as enacted by PL 2015, c. 166, §14, is amended 
to read:
7.  Reimbursement of handling costs.  Reimbursement of handling costs is 
governed by this subsection.
A.  In addition to the payment of the refund value, the initiator of the deposit under 
section 3103, subsections 1, 2 and 4 shall reimburse the dealer or local redemption 
center for the cost of handling beverage containers subject to section 3103, 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 and before January 1, 2020 and at least 7¢ for containers 
picked up on or after January 1, 2020.  The initiator of the deposit may reimburse the 
dealer or local redemption center directly or indirectly through a party with which it 
has entered into a commingling agreement.
B.  In addition to the payment of the refund value, the initiator of the deposit under 
section 3103, subsection 3 shall reimburse the dealer or local redemption center for 
the cost of handling beverage containers subject to section 3103 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 and before January 1, 2020 and at least 7¢ for containers picked up on 
or after January 1, 2020.  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.
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 or that the initiators of deposit 
covered by the commingling agreement are initiators of deposit for wine containers 
who each sell no more than 100,000 gallons of wine or 500,000 beverage containers 
that contain wine in a calendar year.  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 paragraph with every other initiator of deposit 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.
D.  Paragraphs A, B and C 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 than one gallon of its product.  In 
addition to the payment of the refund value, an initiator of deposit under section 
3103, 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 than one gallon of its product shall 
reimburse the dealer or local redemption center for the cost of handling beverage 
containers subject to section 3103 in an amount that equals at least 3¢ per returned 
container.
SUMMARY
This bill:
1.  Increases to 10¢ the deposit and refund value on refillable and nonrefillable 
beverage containers whose deposit and refund value is currently 5¢.  This increase does 
not apply to wine and spirits containers;
2.  Repeals the provision that authorizes the reduced handling fee for small brewers 
and water bottlers; and
3.  Increases by 3¢ per returned container the reimbursement to the dealer or local 
redemption center for the cost of handling beverage containers beginning January 1, 
2020.