An Act To Create Extended Producer Responsibility for Post-consumer Waste Generated from the Use of Tobacco Products
Maine Legislature, Session 129, LD 0544
Committee: Environment and Natural Resources
Sponsors: BLUME, BAILEY, FAY, LANDRY

Legislative Document
No. 544
H.P. 401
House of Representatives, January 31, 2019
An Act To Create Extended Producer Responsibility for Post-
consumer Waste Generated from the Use of Tobacco Products
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative BLUME of York.
Cosponsored by Representatives: BAILEY of Saco, FAY of Raymond, LANDRY of 
Farmington, McCREIGHT of Harpswell.
Be it enacted by the People of the State of Maine as follows:
CONCEPT DRAFT
SUMMARY
This bill is a concept draft pursuant to Joint Rule 208.
This bill proposes to establish a system under which producers of tobacco products 
develop, finance and implement stewardship programs to collect, transport, process and 
safely dispose of post-consumer tobacco waste to reduce, prevent and mitigate the 
environmental effects of the disposal of that waste in the State.
The bill proposes to:
1.  Prohibit tobacco producers or retailers from selling or offering for sale tobacco 
products in the State unless they are participating in an approved tobacco waste 
stewardship program;
2.  Require a tobacco producer to provide retailers that sell tobacco products 
information about the producer's tobacco waste stewardship program and information 
regarding available collection opportunities for post-consumer tobacco product waste.  
Under the bill, a retailer that sells tobacco products would be required to provide that 
information to its consumers at the time of sale;
3.  Require each tobacco producer to submit a plan for its tobacco waste stewardship 
program to the State for approval.  The plan must:
A.  Specify educational and outreach activities and materials that promote and 
increase awareness of the tobacco waste stewardship program, including but not 
limited to a website and written materials.  The outreach materials must identify 
options for establishing an effective collection system, promote a reduction in the 
generation of post-consumer tobacco product waste, identify each tobacco producer 
participating in the program, identify participating brands of tobacco products sold 
and identify the processors that manage the post-consumer tobacco product waste that 
is collected;
B.  Establish and provide for the implementation of goals to reduce the generation of 
post-consumer tobacco product waste;
C.  Outline the responsibility for negotiating and executing contracts to collect, 
transport and process post-consumer tobacco product waste for end-of-product 
management;
D.  Describe how the end-of-product management of post-consumer tobacco product 
waste that is collected under the tobacco waste stewardship program will use 
environmentally sound management practices that are consistent with state laws and 
other relevant environmental rules and practices for ultimate disposal;
E.  Establish a timeline for carrying out an annual assessment of the effectiveness of 
actions taken under the tobacco waste stewardship program;
F.  Include an anticipated annual operating budget for the tobacco waste stewardship 
program; and
G.  Identify an effective, convenient system for the collection of post-consumer 
tobacco product waste that ensures sufficient permanent collection sites and provides 
for collection events in geographically underserved areas;
4.  Establish a process for tobacco producers to amend their tobacco waste 
stewardship programs;
5.  Require tobacco producers to submit annual reports, which must include the 
volume of post-consumer tobacco product waste collected, an independent financial 
audit, an evaluation of the tobacco waste stewardship program's funding mechanism, an 
updated budget, samples of educational and outreach materials, documentation of 
compliance with collection requirements, a description of activities undertaken to achieve 
the program's goals as provided for in the program plan and identification of proposed 
changes to the program;
6.  Allow the state agency charged with overseeing tobacco waste stewardship 
programs to develop a pilot project for a tobacco waste stewardship program;
7.  Require the state agency charged with overseeing tobacco waste stewardship 
programs to establish a schedule of fees;
8.  Make financial cost, production or sales data and records confidential and 
establish a process for disclosure of aggregate information;
9.  Require the state agency charged with overseeing tobacco waste stewardship 
programs to publish by municipality, city or county the total weight of post-consumer 
tobacco product waste collected; and
10.  Establish civil penalties for violations.