An Act to Improve Recycling by Updating the Stewardship Program for Packaging
Maine Legislature, Session 132, LD 1423
Committee Amendment CA_B_S420 (Senate)
Amends: 38 MRSA §2146

COMMITTEE AMENDMENT "6 " to S.P. 579, L.D. 1423, "All Act to Improve
Recycling by Updatmg die Stewardship Program for Packaging"
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 38 MRSA §2146, sub-§l, IfC-l is enacted to read:
C-l. "Consumer" means a sinele-family or multifamilv residence, school, municmal
or state eovemment facility, public space or commercialbusiness that uses or partners
with a municipal or state waste manaaement service.
"Consumer" does not include a person that manufactures products if the_oackaginB
material for those products is manaeed and the costs of thaLmanagement are paid for
by the person or by a producer, and that Dackaeina material;
(1) Is used solely for transportation of tlie products to persons that are not
consumers: or
(2) Is used for or generated by the person as part of the manufacturmff process for
• the products.
Sec. 2. 38 MRSA §2146, sub-§l, % as enacted by PL 2021, c. 455, §2, is amended
to read:
I, "Packaging material" 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. "Packaging material" does not include a discrete type of material, or a
category of material that includes multiple discrete types of material, that is:
(1) Intended to be used for the long-term storage or protection of a durable product
and that can be expected to be usable for that purpose for a period of at least 5
years;
COMMITTEE AMENDMENT
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COMMITTEE AMENDMENT "|^)" lo S.P, 579, L.D. 1423
(2) A beverage container, as defined in section 3102, subsection 2, subject to the
requirements of chapter 33;
(3) A container for architectural paint, as defined in section 2144, subsection 1,
paragraph A, as long as a paint stewardship program is in operation, has been
approved by the department pursuant to section 2144 and the stewardship
organization operating that program:
(a) Has demonstrated to the department's satisfaction that it recycles at least
90% of the containers of architectural paint collected under the program; or
(b) Subject to the approval of the department, if unable to satisfy the
requirements of division (a), has demonstrated to the department's satisfaction
that it recycles at least 80% of the containers of architectural paint collected
under the program; w
(4) Excluded from the definition of "packaging material" by the department by
mle adopted pursuant to subsection 13, paragraph Dri
(5) Used for the containment, protection, delivery, presentation or distTJhition of
druas. dietary suDplements. devices or cosmetics, as those terms are defined in the
Federal Food. Drug. and Cosmetic Act, infant formula as defined in 2LUnited
States Code. Section 321fz1. medical food as defined in 21 United States Code.
Section 360eeCb)t3'). fortified oral nutritional supplements u_sed_by_DersQns who
require supplemental or sole source nutrition to meeL nutritional needs due to
special dietary needs direcllv related to cancer, chronic kidney disease, diabetes.
malnutrition or failure to thrive, as those terms are defined by the World Health
Qrganjzation's International Classification of Diseases^ JJJh,_RevisiQn^^^^^a^^^^
bioloeics and diaenostic kits reeulated under the federal Virus-Serum-Toxin Act:
(6) Used forthe containmeut. Drotection. delivery. Dresentation or distribution of
medical equipment or products used inmedical settmRS, mcludiuR components
associated with medical equipment or products used in medical settings and
disposable medical eauioment; or
C7) Used for the containment, protection, delivery. m'esentatioa or distribution of
products reeulated by the Federal Insecticide. Funeicide. and Rodenticide Act.
See. 3. 38 MRSA §2146, sub-§l, ^N, as enacted by PL 2021, c. 455, §2, is
amended to read;
N. "Post-consumer recycled material" means new material produced using material
resulting from the recovery, separation, collection and reprocessing of material that
would otherwise be disposed of or processed as waste and that was originally intended
to_be sold for consumption. "Post consumer'reoyoled'material" doea not include post
industrial material or pre-consumer material:
See. 4. 38 MRSA §2146, sub-§l, 1f0, as enacted by PL 2021, c. 455, §2, is repealed
9 and the following enacted in its place:
0. "Producer" means:
(1) For a product contained, protected, delivered, presented or distributed in or
usina packaemg material and sold or offered for sale at a Dbvsical retail location in
the State:
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COMMnTBB AMENDMENT "^ " lo S.P, 579, L.D, 1423
fa) The person that manufactured the product if the product is sold or offered
for sale in the State under the manufacturer's brand or the packaging material
does not identify the brand;
fb) If there is no person to which division fa) aDplies. the person that is licensed
to manufacture and sell or offer the product for sale to consumers in the State
under the brand or trademark of another manufacturer or person;
(c) If there is no person to which division fat or (b} aDolies. .the person that
has legal ownership of the brand of the product;
Cd) If there is no person to which divisions fa) to (c) aDplv that has a physical
presence in the United States, the person that is the importer of record into the
United States for the product for use in a commercial enterprise and that sells,
offers for sale or distributes the product for sale in or into the State: or
(e) Ifthereis no person to which divisions Cat to (d) apply, the person that first
distributes the product for sale in or into the State;
f21 For a product contained, protected, delivered, presented or distributed in or
using packaeinR material and sold, offered for sale or distributed for sale in the
State throueh an Intemet-based or remote sales transaction and not at a physical
retail location in the State:
(a) With respect to the packaeme material that is used to directly contain or
protect the product, a person identified pursuant to suboaraeraph (V). divisions
(&) to fe): and
{b) With respect to the oackaeinfi material that is not used to directly contain
or protect the product. a person that oackaees the item for delivery.
presentation or distribution to the consumer: or
(3) For a product contained, protected, delivered, presented or distributed in or
usine oackaeins material and sold. offered for sale or distributed for sale in the
State in a manner not described in suboaraeraoh d) or C2). the person that first
distributes the product for sale in or into the State.
"Producer" includes a low-volume producer but does not include a nonprofit
orfianization exempt from taxation under the United States Internal Revenue Code of
1986. Section 50Uc)f3).
Notwithstandine suboaraeraohs f It to C3\ if the person that would otherwise be
consideredA^^^ under this oaraeraoh is operatins a business wholly or partially
as a franchise, the producer is the franchisor if that ftanchisor has franchisees with a
commercial presence in the State.
Notwithstanding subparaeraphs CD to C3'). if a person that would otherwise be
considered a producer under this oaraeraoh enters into a signed agreement with another
8 person Massien^ A^ responsibility to act as producer for the product or products of tile
person for the purposes of this section, that other person is considered the producer of
the product or products for the Durposes of this section if that other person reeisters
with the stewardship oreanization to participate in the oroeram under this section on
behalf of the person and written certification of the assienment of responsibility is
provided to the stewardship organization.
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COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "p)" to S.P. 579, L.D, 1423 (f,5-(
Sec. 5. 38 MRSA §2146, sub-§l, ^U, as enacted by PL 2021, o. 455, §2, is
amended to read:
U. "Toxicity" means, with respect to packaging material, the prosonoe-in intentional
addition to packaging material or the intentional use in the manufacturing, recycling or
disposal of packaging material of intentionally intredyeed metals or chemicals
regulated or listed pursuant to Title 32, chapter 26-A; food contact chemicals of high
concern or priority food contact chemicals regulated or listed pursuant to Title 32,
chapter 26-B; or chemicals of concern, chemicals of high concern or priority chemicals
identified pursuant to chapter 16-D.
Sec. 6. 38 MRSA §2146, sub-§2, as enacted by PL 2021,c. 455, §2, is amended to
read:
2. Producer exemptions. Notwithstanding any provision of this section to the
contrary, a producer is exempt fi'om the requirements and prohibitions of this section in
any calendar year in which:
A. The producer realized less than $2,000,000 in total gross revenue during the prior
calendar year, except that, for the period beginning one calendar year following the
effective date of the contract entered into by the department and the stewardship
organization pursuant to subsection 3 and ending 3 years after that effective date, a
producer that realized less than $5,000,000 in total gross revenue during the prior
calendar year is exempt from the requirements and prohibitions of this section;
B. The producer sold, offered for sale or distributed for sale in or into the State dating
the prior calendar year products contained, protected, delivered, presented or
distributed in or using less than one ton of packaging material in total; or,
C. The producer realized more than 50% of its total gross revenue in the prior calendar
year fi'om the sale of goods it acquired through insurance salvages, closeouts,
bankruptcies and liquidationsf-CF,,
D. The producer sold, offered for sale or distributed-for sale m-or-into'the-State during
the prior calendar yoar'to retailers or direct to consumers'products that were pcrishable
feod-aad-that were oontained,- protected, delivered, presented- or distributed in or using
loos than 15 tons of packaging matorial in total."
As used-in this-paragraph, "perishab Ie food" moans any food that mn-y-spoil-or
otherwise bocomo unfit for human consumption because of its nature, type or physical
cohditiono, including, but not limited to, fi'ooh and proeessed-meats, "poultry, seafood,
dairy-products, bakery produets,-eggs in fhe shells and fresh fruits and vegetables;
"Perishable food" doeo not'inoludo any such foodthat io sold,-effeFed-for-sale OF
distributed for sole fi-ozon CKCopt for froieen-wild-blueberriesr
Notwithstandme any orovision of this section to the contrary. a producer is exempt from
the requirements and Drohibitions of this section with respect to the first 15 tons of
packaging material used by the producer to contain, protect. deliver. Dresent or distribute
Djroducts that wereperishable food and that were sold. offered for sale or distributed for
sale m or into the State durine the prior calendar year.
As used in this subsection, "oerishable food" means any food that may spoil or otherwise
become unfit for human consumotion because of its nature, type or physical conditions.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "!^ " to S.P. 579, L.D. 1423
includine. but not limited to. fresh and processed meats. ooultrv. seafood, dairy products.
bakery m'oducts. eaas in the shells and fresh frmts_andvegetab^^^^^^^^^^^
not include any such food that is sold. offered for sale or distributed for sale frozen except
for frozen wild blueberries.
A producer claiming an exemption under this subsection shall provide to the department
sufficient information to demonstrate that the producer meets the requirements for an
exemption under this subsection within 30 days of receiving a request irom the department
to provide such information.
See. 7. 38 MRSA §2146, sub-§3, ^A, as enacted by PL 2021, c. 455, §2, is
amended by amending subparagraph (7), division (c) to read:
(c) The processing capacity, market conditions and opportunities in the State
and regionally for recyclable material; wd
Sec. 8. 38 MRSA §2146, sub-§3, ^[A, as enacted by PL 2021, c. 455, §2, is
amended by enacting a new subparagraph (7), division (e) to read;
(e) The producer payments schedule adopted by the deBartment Pursuant to
subsection 13 and the anticipated effect of that schedule on incentmzine the
use bv producers of readily recvclable oackagine materials and suDportine the
solid waste manaftemetit hierarchy under section 2101; and
Sec. 9. 38 MRSA §2146, sub-§4, 1[B, as enacted by PL 2021, c. 455, §2, is
amended to read;
B. The stewardship organization shall provide to the department a list of producers
that are participating m the program and a list of the UPCs of products or a list of all
producers and brands for which the producer has complied with the program's
requirements and, iflmown to the stewardship organization, a list of producers that are
not participating in the program and are not compliant with the program's requirements,
The stewardship organization shall provide to the department regularly updated
producer compliance information described in this paragraph.
See. 10. 38 MRSA §2146, sub-§4, ^C, as enacted by PL 2021, c. 455, §2, is
amended to read:
C, Based on information provided to the department under paragraph B and any other
information considered by the department, the department shall make available on its
publicly accessible website a regularly updated list of]ypGs-e^Fedyete producers and
brands for which the department has determined the producer has complied with all
applicable requirements of this section and a list of producers and, where applicable,
specific products and the VP€s brands of those products for which the department has
determined the producer has not complied with all applicable requirements of this
section.
Sec. 11. 38 MRSA §2146, sub-§6, ^|A is enacted to read:
A. Nohvithstandine any provision of this section to the contrar/. a producer may not
be required to pay an increased fee or penalty for DackaainR material that is not
composed of oost-consumer recycled material if the oackaeing material is subject to
state or federal laws. rules or reeulations that effectively prohibit the use of post-
consumer recycled material in that packaeine material.
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COMMITTEE AMENDMENT
COMMmTEE AMENDMENT " (^" to S.P. 579, L.D. 1423 f.3"^<->
Sec. 12. 38 MRSA §2146, snb-§6, ^B is enacted to read:
B. Followine the execution of a contract between the selected stewardship
oreanization and the department pursuant to subsection 3. the stewardship.
oraanization. based on the statewide recvcline needs assessment conducted pursuant to
subsection 3. paragraph A, subparaeraph (7) and other available information, may
recommend to the department that the producer oavments schedule adopted by the
department by rule pursuant to subsection 13 be modified to better incentivize the use
by producers of readily recvclable Dackaeine materials and supDort the solid waste
management hierarchy under section 2101 and the department may. m its discretion.
initiate rulemakine in accordance with this section to implement any modifications to
that schedule.
Sec. 13. 38 MRSA §2146, sub-§7, as enacted by PL 2021,c. 455,§2, is amended
to read:
7. Annual reporting by producers. In accordance with mles adopted by the
department, a producer shall annually report to the stewardship organization the total
amount, whether by weight or volume, of each type of packaging material sold, offered for
sale or distributed for sale in or into the State by the producer in the prior calendar year.
Notwithstandine any orQvision of this section to the contran'. a producer may not be
re<imred_to_reoort.ammallv to the stewardship oraanization reeardine its products or the
associated packapinK material usmg the UPCs of those mx>d^
See. 14. 38 MRSA §2146, sub-§9, ^A, as enacted by PL 2021, c, 455, §2, is
amended to read:
A. Provide for the collection and recycling of any packaging material that is generated
in the municipality and is readily recyclable; and'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment, which is the minority report of the committee, replaces the bill. It
amends the law establishing a stewardship program for packaging material as follows.
1. It amends the definitions under that law for "packaging material," "post-consumer
recycled material," "producer" and "toxicity" and introduces a new definition for
"consumer." The definition of "packaging material" is amended to exclude packaging
material associated with certain federally regulated products, including drugs, medical
devices and biological products for human and veterinary use,
2. It clarifies the producer exemption provisions under that law regarding packaging
material for perishable food to provide that a producer is exempt from the requirements and
prohibitions of the law with respect to the first 15 tons of packaging material used by the
producer to contain, protect, deliver, present or distribute products that were perishable
food and that were sold, offered for sale or distributed for sale in or into the State during
the prior calendar year.
3, It amends the requirements for the statewide recycling needs assessment to be
conducted by the entity selected by the Department of Environmental Protection to serve
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COMMITTEE AMENDMENT
COMMm-BB AMENDMENT"'^" to S,P. 579, L.D, 1423 (.,
as the stewardship organization for the packaging stewardship program to include an
evaluation of the producer payments schedule adopted by the department by rule and the
anticipated effect of that schedule on incentivizing the use by producers of readily
recyclable packaging materials and supporting the State's solid waste management
hierarchy.
It also provides that, following the execution of a contract between the selected stewardship
organization and the department, the stewardship organization, based on the statewide
recycling needs assessment and other available information, may recommend to the
department that the adopted producer payments schedule be modified to better incentivize
the use by producers of readily recyclable packaging materials and support the State's solid
waste management hierarchy and the department may, in its discretion, initiate rulemaking
to implement any modifications to that schedule.
4. It clarifies the law regarding the requirements for producers or the stewardship
organization to provide or for the department to publish information regarding the UPCs
for products for which tlie producers are in compliance with or not in compliance with the
law,
5. It provides that a producer may not be required to pay an increased fee or penalty
under the law for packaging material that is not composed of post-consumer recycled
material if the packaging material is subject to state or federal laws, rules or regulations
that effectively prohibit the use of post-consumer recycled material in that packaging
material.
6. It amends the requirements for municipalities to participate in tile packaging
stewardship program by clarifying that a participating municipality must provide for the
collection and recycling of any packaging material that is generated in the municipality and
is readily recyclable.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved; 05,16/25 I^Ki-
LD 1423 LR 987(03)
An Act to Improve Recycling by Updating the Stewardship Program for Packaging
Fiscal Note for Bill as Amended by Committee Amendment ^'/' y
Committee: Environment and Natural Resources
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - Other Special Revenue Funds
Fiscal Detail and Notes
Any additional costs to the Department of Environmental Protection from the provisions of this bill are expected to be
minor and can be absorbed within existing budgeted resources.
LR0987(03) - Fiscal Note - Page 1 of 1