An Act Regarding Businesses' and Consumers' Use of Returnable, Reusable and Refillable Containers for Food, Beverages and Nonfood Items
Maine Legislature, Session 131, LD 2091
Committee Amendment CA_A_S529 (Senate)
Amends: 7 MRSA §219-A, 7 MRSA §219-C

COMMITTEE AMENDMENT " (^ " to S.P. 884, L.D. 2091, "An Act Regarding
Businesses' and Consumers' Use of Returnable, Reusable and Refillable Containers for
Food, Beverages and Nonfood Items"
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 7 MRSA §219-A, as enacted by PL 2021,c. 177, §1, is repealed.
Sec. 2. 7 MRSA §219-C is enacted to read:
§219-0. Returnable, reusable or refillable containers and packaeine
1. Use permitted ^jiiles and guidelines. The department shall ensure that its rules.
established in accordance with the commissioner's rule-making authority in section 12. and
guidelines:
A. Explicitly allow_a business, on a voluntary basis, to allow consumers to supply their
own containers or packaeine for the purchase of:
fl) Nonfood items;
(2) Shelf-stable food items; and
f3) Food other_than shelf-stable food items as determined by the department by
rule.
B. Explicitly allow a business, on a voluntary basis, to sell nonfood items, shelf-stab Ie
food items and other food to consumers in the State in retumable. reusable or refillable
containers and packaging, which may be supplied by either the business or a 3rd party;
and
C. Explicitly establish thej-jght of a business to refuse any returnable, reusable or
refillable container or packaeine supplied by a consumer.
2. Reuse oermitted. A retumable. reusable or refillable container or packaeine
returned by a consumer may be reclaimed by a business or a 3rd party, restored to standards
COMMITTEE AMENDMENT
^os
COMMITTEE AMENDMENT " ft " to S.P. 884, L.D. 2091 (c^5^(\
for health and safety and reused in the packaeine and selling of a nonfood item, a shelf-
stable item or other food to the same_or another consumer. The department shall provide
technical assistance and education to businesses and consumers regarding best practices
for the use and reuse of retumable. reusable or refillable containers.
For purposes of this section, "food" has the same meaning as in Title 22. section 2 152,
subsection 4 and "business" means a business licensed by the department under Title 22,
chapter 5 51.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment requires the Department of Agriculture, Conservation and Forestry to
ensure that its rules and guidelines allow a business, on a voluntary basis, to allow
consumers to supply their own containers or packaging for shelf-stable food and nonfood
items as provided in current law, but also other food as determined by the department by
rule.
The amendment also requires the department to ensure that its rules and guidelines do
the following:
1. Explicitly provide that a returnable, reusable or refillable container or packaging
may be reclaimed by the business or a 3rd party, restored to standards for health and safety
and reused in the packaging and selling of a nonfood item, a shelf-stable item or other food
to the same or another consumer;
2. Explicitly provide that allowing consumers to supply their own containers or
packaging for the purchase ofnonfood items, shelf-stable items and other food is voluntary
for the business;
3. Explicitly provide that allowing a business to sell nonfood items, shelf-stable items
and other food to consumers in returnable, reusable or refillable containers and packaging,
which may be supplied by either the business or a 3rd party, is voluntaiy; and
4. Explicitly establish the right of a business to refuse any retumable, reusable or
refillable container or packaging supplied by a consumer.
0 FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 02/05/24 ^^c'-
LD 2091 LR 2867(02)
An Act Regarding Businesses' and Consumers' Use of Returnable, Reusable and Refillable Containers
for Food, Beverages and Nonfood Items
Fiscal Note for Bill as Amended by Committee Amendment "ff(^'S'y\
Committee: Agriculture, Conservation and Forestry
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - General Fund
Fiscal Detail and Notes
Any additional costs to the Department of Agriculture, Conservation and Forestry to implement the provisions of this
bill are expected to be minor and can be absorbed within existing budgeted resources.
LR2867(02) - Fiscal Note - Page 1 of 1