An Act to Reduce Plastic Packaging Waste
Maine Legislature, Session 131, LD 1645
Committee: Environment and Natural Resources
Sponsors: GRAMLICH, BENNETT, CARLOW, DOUDERA, HOBBS, JAUCH, MILLIKEN, TALBOT ROSS, BLACK, INGWERSEN
Amends: 38 MRSA §1617

Legislative Document
No. 1645
H.P. 1055
House of Representatives, April 12, 2023
An Act to Reduce Plastic Packaging Waste
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative GRAMLICH of Old Orchard Beach.
Cosponsored by Senator BENNETT of Oxford and
Representatives: CARLOW of Buxton, DOUDERA of Camden, HOBBS of Wells, JAUCH of 
Topsham, MILLIKEN of Blue Hill, Speaker TALBOT ROSS of Portland, Senators: BLACK 
of Franklin, INGWERSEN of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §1617 is enacted to read:
§1617.  Reduction of plastic packaging
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Chemical of concern" has the same meaning as in section 1691, subsection 2-A.
B.  "Compostable" means, with respect to packaging, able to undergo degradation by 
biological processes during composting to yield carbon dioxide, water, inorganic 
compounds and biomass at a rate consistent with other materials that undergo 
degradation by biological processes and leave no visible, distinguishable or toxic 
residue, including no adverse impact on the ability of compost to support plant growth 
once the compost is placed in soil.
C.  "Manufacturer" means the person that manufactures a product or whose brand name 
is affixed to the product. In the case of a product imported into the United States, 
"manufacturer" includes the importer or first domestic distributor of the product if the 
person that manufactured or assembled the product or whose brand name is affixed to 
the product does not have a presence in the United States.
D.  "Nondetectable pigment" means a pigment added to plastic packaging, including, 
but not limited to, carbon black pigment, that cannot be detected by sorting equipment 
commonly used in recycling facilities.
E.  "Packaging" means a discrete type of material, or a category of material that 
includes multiple discrete types of material with similar management requirements and 
similar commodity values, used for the containment, protection, delivery, presentation 
or distribution of a product, including a product sold over the Internet, at the time that 
the product leaves a point of sale with or is received by the consumer of the product.
F.  "Plastic" means an organic or petroleum derivative synthetic or a semisynthetic 
organic solid that is moldable and to which additives or other substances may have 
been added.  "Plastic" does not include natural polymers that have not been chemically 
modified.
G.  "Plastic packaging" means packaging that is composed wholly or in large part of 
plastic but does not include: 
(1)  A disposable food service container as defined in section 1571, subsection 3 
or 3-A; or
(2)  A polystyrene foam cooler or ice chest used for the processing or shipping of 
seafood.
H.  "Product" means an item manufactured, assembled, packaged or otherwise prepared 
for sale to consumers and sold or distributed for personal, residential, commercial or 
industrial use, including for use in making other products.
I.  "Prohibited plastic packaging" means:
(1)  Plastic packaging that contains nondetectable pigments;
(2)  Plastic bottles that are composed wholly or partially of polyethylene 
terephthalate and are opaque or are pigmented a color other than transparent blue 
or transparent green;
(3)  Plastic packaging that is rigid and is composed wholly or partially of 
polyethylene terephthalate glycol;
(4)  Plastic packaging that is composed wholly or partially of polystyrene, 
including expanded polystyrene;
(5)  Plastic packaging that is composed wholly or partially of polyvinyl chloride, 
including polyvinylidene chloride;
(6)  Plastic packaging that is composed wholly or partially of polyethylene 
terephthalate and is manufactured using antimony or cobalt as a processing aid or 
additive; and
(7)  Any other type of prohibited plastic packaging designated by the department 
by rule pursuant to subsection 2.
J.  "Recyclable" means, with respect to packaging, able to be transformed or 
remanufactured into usable or marketable materials through means other than landfill 
disposal, incineration or energy recovery or energy generation through combustion.  
K.  "Reusable" means, with respect to packaging, able to be used by a person other than 
the original consumer in the same manner and purpose for which the packaging was 
originally produced. 
2.  Prohibited plastic packaging; designation by rule.  The department may adopt 
rules designating additional types of prohibited plastic packaging upon a finding that the 
plastic packaging type is not readily reusable, recyclable or compostable in the State and:
A.  Contains a chemical of concern or other chemical that can reasonably be expected 
to create hazardous human health conditions during its manufacturing, recycling or 
composting or to adversely affect human health or the environment;
B.  Is unnecessary for the containment, protection, delivery, presentation or distribution 
of the product it packages or can be replaced with a reusable alternative;
C.  Can reasonably be expected to hinder or disrupt commercial recycling or 
composting systems due to its format, composition or size; or
D.  Has a high likelihood of entering the natural environment, whether as litter or 
otherwise.
A rule adopted under this section must specify an effective date for the rule that is at least 
one year after the final adoption of the rule.
Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, 
chapter 375, subchapter 2-A.
3.  Prohibition.  Beginning January 1, 2025, a person may not sell, offer for sale or 
distribute for sale in the State a product contained, protected, delivered, presented or 
distributed in or using prohibited plastic packaging.
4.  Certificate of compliance.  If the department has reason to believe that a product 
is being sold, offered for sale or distributed for sale in the State contained, protected, 
delivered, presented or distributed in or using prohibited plastic packaging in violation of 
subsection 3, the department may direct the manufacturer or distributor of the product to, 
within 30 days:
A. Provide the department with a certificate attesting that the product is not contained, 
protected, delivered, presented or distributed in or using prohibited plastic packaging; 
or
B. Notify persons that sell that product in this State that the sale of that product is 
prohibited in this State and provide the department with a list of the names and 
addresses of those notified.
5.  Administration and enforcement; rulemaking; reports.  The department shall 
implement, administer and enforce this section.
A.  The department may adopt rules as necessary for the implementation, 
administration and enforcement of this section.  Rules adopted pursuant to this 
paragraph are major substantive rules as defined in Title 5, chapter 375, subchapter 
2-A.
B.  On or before January 15, 2027, and biennially thereafter, the department shall 
submit a report to the joint standing committee of the Legislature having jurisdiction 
over environment and natural resources matters regarding the reduction of plastic 
packaging under this section.  The report may include, but is not limited to, 
identification of additional types of plastic packaging that can reasonably be expected 
to hinder or disrupt commercial recycling or composting systems or that contain known 
or likely chemicals of concern and recommendations for measures to further reduce 
plastic packaging under this section.  After reviewing the report, the committee may 
report out legislation related to the report.
SUMMARY
This bill provides that, beginning January 1, 2025, a person may not sell, offer for sale 
or distribute for sale in the State a product contained, protected, delivered, presented or 
distributed in or using prohibited plastic packaging.
"Prohibited plastic packaging" is defined in the bill to include plastic packaging that 
contains nondetectable pigments; plastic bottles that are composed wholly or partially of 
polyethylene terephthalate and are opaque or are pigmented a color other than transparent 
blue or transparent green; plastic packaging that is rigid and is composed wholly or partially 
of polyethylene terephthalate glycol; plastic packaging that is composed wholly or partially 
of polystyrene, including expanded polystyrene; plastic packaging that is composed wholly 
or partially of polyvinyl chloride, including polyvinylidene chloride; plastic packaging that 
is composed wholly or partially of polyethylene terephthalate and is manufactured using 
antimony or cobalt as a processing aid or additive.  The Department of Environmental 
Protection may adopt major substantive rules to designate additional types of prohibited 
plastic packaging based on the plastic packaging satisfying statutorily specified criteria for 
prohibition.