An Act To Improve the Manufacturing of Plastic Bottles and Bottle Caps
Maine Legislature, Session 129, LD 0102
Committee: Environment and Natural Resources
Sponsors: DOUDERA, MIRAMANT, BEEBE-CENTER, PIERCE, RYKERSON, STOVER
Amends: 38 MRSA §1611

Legislative Document
No. 102
H.P. 88
House of Representatives, January 15, 2019
An Act To Improve the Manufacturing of Plastic Bottles and Bottle 
Caps
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative DOUDERA of Camden.
Cosponsored by Senator MIRAMANT of Knox and
Representatives: BEEBE-CENTER of Rockland, PIERCE of Falmouth, RYKERSON of 
Kittery, STOVER of Boothbay.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §1611 is enacted to read:
§1611.  Single-use plastic beverage containers and plastic beverage caps
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Beverage" means any of the following products that are in liquid, ready-to-drink 
form and are intended for human consumption: beer and malt beverages; wine or 
distilled spirits coolers; carbonated and noncarbonated water; soda; carbonated and 
noncarbonated soft drinks and fruit drinks; coffee and tea drinks; and vegetable juice 
in plastic beverage containers of 16 ounces or less.
B.  "Manufacturer" means a person, partnership, association, corporation or other 
entity that, through its own action or through contract or control of another entity, is 
primarily responsible for the production of a beverage held in a single-use plastic 
beverage container and sold, offered for sale or distributed for sale in the State.
C.  "Plastic" means a synthetic material made from fossil fuel or organic-based 
polymers, such as polyethylene, polystyrene, polypropylene and polycarbonate, that 
can be molded or blown into specific shapes.
D.  "Plastic beverage cap" means a cap that is composed wholly or in large part of 
plastic and that is screwed onto or otherwise affixed to a single-use plastic beverage 
container. "Plastic beverage cap" does not include a cap that is composed wholly or 
in large part of a nonplastic material but includes a plastic seal.
E.  "Postconsumer recycled plastic" means plastic produced from the recovery, 
separation, collection and reprocessing of plastic that would otherwise be disposed of 
or processed as waste.
F.  "Single-use plastic beverage container" means an individual bottle, can, jar, carton 
or other container that:
(1)  Is composed wholly or in large part of plastic;
(2)  Contains one liter or less of a beverage; and
(3)  Is intended to be disposed of after one use.
"Single-use plastic beverage container" does not include a container that is composed 
of nonplastic materials only but includes a plastic beverage cap; a cup or other similar 
open or loosely sealed container; or a container that is intended by the producer to be 
reused for the same purpose multiple times.
2.  Single-use plastic beverage containers.  Beginning January 1, 2020, a 
manufacturer may not sell, offer for sale or distribute for sale in the State a single-use 
plastic beverage container unless the container is composed of at least 15% postconsumer 
recycled plastic.  Beginning January 1, 2022, a manufacturer may not sell, offer for sale 
or distribute for sale in the State a single-use plastic beverage container unless the 
container is composed of at least 20% postconsumer recycled plastic.  Beginning January 
1, 2024, a manufacturer may not sell, offer for sale or distribute for sale in the State a 
single-use plastic beverage container unless the container is composed of at least 25% 
postconsumer recycled plastic.
3.  Plastic beverage caps.  Beginning January 1, 2020, a manufacturer may not sell, 
offer for sale or distribute for sale in the State a single-use plastic beverage container with 
a plastic beverage cap unless the cap is composed of the same plastic as the beverage 
container in accordance with the Standard Practice for Coding Plastic Manufactured 
Articles for Resin Identification of the American Society for Testing and Materials, 
ASTM D7611, and:
A.  The cap is tethered to the container in a manner that prevents the separation of the 
cap from the container when the cap is removed; or
B.  The cap includes an opening from which the beverage can be consumed while the 
cap remains screwed onto or otherwise affixed to the container.
4.  Manufacturer compliance.  This subsection governs compliance by 
manufacturers with the requirements of this section.
A.  A manufacturer that produces single-use plastic beverage containers shall provide 
to the department upon request all information necessary for the department to 
determine the manufacturer's compliance with the requirements of this section.
B.  In determining whether an entity meets the definition of "manufacturer" under 
subsection 1, paragraph B, the department shall consider, without limitation, the 
following factors:
(1)  The ownership of the brand name of a beverage contained in a single-use 
plastic beverage container;
(2)  The primary control or influence over the design of a beverage contained in a 
single-use plastic beverage container; and
(3)  The primary control or influence over the design of a single-use plastic 
beverage container in which a beverage is contained.
C.  An entity with a legally recognized corporate relationship to a manufacturer that 
is subject to the requirements of this section may, on behalf of that manufacturer and 
following notification to the department, assume the manufacturer's responsibilities 
under this section.
D.  The requirements of this section do not apply to a manufacturer of beer, wine or 
spirits that annually produces 50,000 gallons or less of its product or to a 
manufacturer of beverages other than beer, wine or spirits that annually produces 
250,000 or fewer single-use plastic beverage containers containing its product.
5.  Administration and enforcement; rules.  The department shall administer and 
enforce this section.  The department may adopt rules to implement this section.  Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
SUMMARY
This bill prohibits, beginning January 1, 2020, a manufacturer from selling, offering 
for sale or distributing for sale in the State a single-use plastic beverage container unless 
the container is composed of at least 15% postconsumer recycled plastic.  Beginning 
January 1, 2022, this threshold for the percentage of postconsumer recycled plastic in 
single-use plastic beverage containers increases to 20% and, beginning January 1, 2024, 
the threshold increases to 25%.
The bill also prohibits, beginning January 1, 2020, a manufacturer from selling, 
offering for sale or distributing for sale in the State a single-use plastic beverage container 
with a plastic beverage cap unless the cap is composed of the same plastic as the beverage 
container and the cap is tethered to the container in a manner that prevents the separation 
of the cap from the container when the cap is removed or the cap includes an opening 
from which the beverage can be consumed while the cap remains screwed onto or 
otherwise affixed to the container.