An Act to Improve
Maine Legislature, Session 132, LD 1423
Committee Amendment CA_A_S419 (Senate)
Amends: 38 MRSA §2146

COMMITTEE AMENDMENT "/-I " to S.P, 579, L.D. 1423, "An Act to Improve
Recycling by Updating the 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-gl, ^[C-l is enacted to read:
C-1. "Consumer" means a smele-familv or multifamilv residence, school, municipal
orslate eovermnent facility. public space or commercial business that uses or Rartners
with a municipal or state waste management service.
"Consumer" does not include a person that manufactures products if the packaffmB
material for those products is managed and tlie costs of that management are paid for
bv the person or bv a producer, and that packaaine material;
CD _Is used solely for transoortation of the products to persons that are not
consumers: or
12) Is used for or generated by the person as part of the manufacturing process for
the products.
Sec. 2. 38 MRSA §2146, sub-§l, I^N, as enacted by PL 2021, o, 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 oonQumor recycled materiolt!-4oe9 not include post-
-mdustrial-mQtoriul or pro consumer material?
Sec. 3. 38 MRSA §2146, sub-§l, 1(0, as enacted by PL 2021, c, 455, §2, is repealed
and the following enacted in its place;
0. "Producer" means:
COMMITTEE AMENDMENT
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COMMirrEE AMENDMENT " M " to S.P. 579, LD, 1423 '
flV For a product contained, protected. delivered, presented or distributed in or
ysine packagmg material and sold or offered for sale at a physical retail location in
the State:
(a) 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:
(b) If thereis no person to which division (a) aDplies. the oerson 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:
Cc) If there is no person to which division Ca) or Cb) applies, the person that
has legal ownership of the brand of the product;
(d) If there is no person to which divisions (a) to fc) aDplv that has a physical
presence in the United States, the person that is the importer of record into the
United States fotthe Broduct for_yse in a commercial enterprise and that seUs,
offers for sale or distributes the product for sale in or into the State: or
(e) If there is no person to which divisions (a) to Cd) aDDlv. the uerson that first
distributes the product for sale in or into the State;
0.) For a product contained. protected, delivered, presented or distributed in or
usina oackaRiue matenal and^sold, Qffered for sale or distributed for sale in the
State through an Intemet-based or remote sales transaction and not at a physical
retail location m the State:
fa) With resDect to the packaaing material that is used to directly container
protect the product, a person identified pursuant to suboaraeraoh (\). divisions
fa) to (e): and
(b) With respect to the Dackaeine material that is not used to directly contain
or protect the product. a person that oackaees the item for delivery.
presentation or dish-ibution to the consumer: or
(3) For a product contained, protected, delivered, presented or distributed in or
usine oackaeine material and sold. ofYered for sale or distributed for sale in the
State in a manner not described in suboaraeraph CD or (2). the person that first
distributos the product for sale in or into the State,
"Producer" includes a low-volume producer but does not include a nonprofit
organization exempt^ from.taxation under the United States Internal Revenue Code of
1986. Section SOKcVS').
Notwithstanding subparagraphs (1) to (3}, if the person that would otherwise be
considered a producer under this paragraph is operatine a business wholly or partially
as a franchise, the producer is the franchisor if that franchisor has franchisees with a
commercial presence in the State.
Notwithstanding subparaaraphs d) to C3'). if a person that would otherwise be
considered a producer under this paragraph enters into a signed agreement with another
person to assign (he resDonsibilitv to act as producer for the product or products of the
oerson for thepumoses of this section, that other person is considered the producer of
the product or products for the purposes of this section if that other person registers
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COMMITTEE AMENDMENT " /4 " to S,P, 579, L.D. 1 423 ft' 6/ / ^
with the stewardship oraanization to Darticipatc m the proeram under tNs section on
behalf of the person and written certification of the assiermienLo^^^^^^^^
provided to the stewardship oreanization,
Sec. 4. 38 MRSA §2146, sub-§l, ^U, as enacted by PL 2021, c. 455, §2, is
amended to read:
U, "Toxicity" means, with respect to packaging material, the preaonco in mtentjonal
addition to packaging material or the intentional use in the manufacturing, recycling or
disposal of packaging material of intentionally introduced 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.
See. 5. 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 from the requirements and prohibitions of this section in
any calendar year in which:
A. TAe producer realized less than $2,000,000 ia 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 during
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 from the sale of goods it acquired through insurance salvages, closeouts,
bankruptcies and liquidationsi-ef,
D, The producer sold, offered for sale or distributed for sale in-or into tho State during
the prior calendar year to retailers or du-eot to consumers products that woro perishable
food and that were contained, protected, delivered, presented or distributed in or usmg
toss-thoii-15 tons of packaging material in total.-
As used in this paragraph, "perishable food" means any food that-may spoil-or
otherwise booomo unfit for human oonsumption-beeause of ito nuturo, type or phyoionl
conditions;-including-,but not limited to, fresh and prooesoed meats;- pcwltey'; seafo8et,-
dairy products, bakery products;-eggs-in the ohells and fresh fruits and vegetables;-
"Perishable food" does not include any such food that is sold, offorcd for sale or
distributed for sale fi'ozen exeeptfor'frozen wild bluebemos?
Notwithstandine any Drovision of this section to the contrary. a producer is exempt from
the requirements and prohibitions of this section with respect to the first 15 tons of
DackagiM material used by the producer to contain, protect. deliver, present or distribute
Page3-132LR0987(02)
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "4." to S.P, 579, L.D, 1423 (^' 6// ^
orociucts that were perishable food and that were solcLQffered for sale or distributed for
sale in or into the State during the prior caleadar year.
As used in this subsection, "oerishable food" means any food that may spoil or otherwise
become unfit for human consumption because of its nature, type or physical conditions.
includme, but not limited to. fresh and Drocessed_meats, poultr/, seafood, dairy products.
bakery products, eees in the shells and fresh fruits and veeetables, "Perishable^ food" does
not include any such food that issold. offered for sale or distributed for sale frozen except
foLfrozenwHdblyeberries.
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 from the department
to provide such information.
Sec. 6. 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; att4
Sec. 7. 38 MR8A §2146, sub-§3, ^A, as enacted by PL 2021, c. 455, §2, is
amended by enacting a new subparagi'aph (7), division (e) to read:
Ce) The producer payments schedule adopted by the department pursuant to
subsection 13 and the anticipated effect of that schedule on inceutivizinB the
use by producers of readily recvclable packaeine materials and suDporting the
solid waste management hierarchy under section 210 1; and
Sec. 8. 38 MRSA §2146, sub-§4, ^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 in the program and a list of the UPCs of products pr a list of all
producers and brands for which the producer has complied with the program's
requirements and, if known 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.
Sec. 9. 38 MRSA §2146, sub-§4, ^fC, 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 ofWGs-e^edyete 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.
See. 10. 38 MRSA §2146, sub"§6, ^A is enacted to read:
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COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " /J-" to S.P, 579, L,D. 1423 I V
A. Notwithstandins any provision of this section to the contra?/, a producer may not
be required to pay an increased fee or penalty for packaeina material that is not
composed of post-consumer recycled material if the packaeme material is subject to
state or federal laws. rules or reeulations that effectively prohibit the use of post-
consumer recvcled material in that Dackaeine material.
See. 11. 38 MRSA §2146, sub-§6, ^B is enacted to read:
B. Followme the execution of a contracL between Jlie selected stewardship
organization and the department pursuatit to subsection 3. the stewardship
oreanization. based on the statewide recvclinK needs assessment conducted pursuant to
subsection 3. paraeraoh A. suboaragraoh (7) and other available information, may
recommend to the department that the producer payments schedule adopted by the
department by rule pursuant to subsection 13 be modified to better incentivize the use
by producers of readily recvclable Dackaema materials and suoport the solid waste
manapement hierarchy under section 2101 and the department may. m its discretion.
initiate rulemakinR in accordance with this section to implement any modifications to
that schedule.
Sec. 12. 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 rules 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 provision of this section to the contrary. a producer may not be
required to report annually to the stewardship oreanization reeardinB its products or the
associated packaeins material usine the UPCs of those products.
See. 13. 38 MRSA §2146, sub-§9, ^fA, 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 majority 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 "post-consumer recycled material,"
"producer" and "toxicity" and introduces a new definition for "consumer."
2. It clarifies the producer exemption provisions under that law regarding packaging
8 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,
COMMITTEE AMENDMENT
COMMnTEE AMENDMENT" ,7 " to S.P. 579, L.D.1423
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
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 infonnation, 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 the 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 packagmg 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 the 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^Kl-
LD 1423 LR 987(02)
An Act to Improve Recycling by Updating the Stewardship Program for Packaging
Fiscal Note for Bill as Amended by Committee Amendment "yf/^i;
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(02) - Fiscal Note - Page 1 of 1