An Act to Improve Recycling by Updating the Stewardship Program
Maine Legislature, Session 132, LD 1423
Committee: Environment and Natural Resources
Sponsors: BALDACCI
Amends: 38 MRSA §2146

Legislative Document
No. 1423
S.P. 579
In Senate, April 1, 2025
An Act to Improve Recycling by Updating the Stewardship Program 
for Packaging
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BALDACCI of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §2146, sub-§1, ¶C-1 is enacted to read:
C-1.  "Commingled recycling processing facility" means a recycling facility that 
receives for the purpose of the use or further processing by others 2 or more types of 
recyclable materials that would typically be separated into individual materials but are 
received mixed together by the facility.
Sec. 2.  38 MRSA §2146, sub-§1, ¶C-2 is enacted to read:
C-2.  "Consumer" means a residential customer or residential household that receives 
packaging material.
Sec. 3.  38 MRSA §2146, sub-§1, ¶G-1 is enacted to read:
G-1.  "Manage" means to collect, transport, process or otherwise prepare packaging 
material for recycling, reuse or industrial or residential composting.
Sec. 4.  38 MRSA §2146, sub-§1, ¶I, 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;
(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; or
(4)  Excluded from the definition of "packaging material" by the department by 
rule adopted pursuant to subsection 13, paragraph D.;
(5)  Packaging that is intended solely to be distributed or sold to commercial or 
industrial customers;
(6)  Packaging material used to contain drugs, dietary supplements, devices or 
cosmetics as those terms are defined in the Federal Food, Drug, and Cosmetic Act, 
infant formula as defined in 21 United States Code, Section 321(z), medical food 
as defined in 21 United States Code, Section 360ee(b)(3), packaging for a fortified 
oral nutritional supplement used by persons who require supplemental or sole 
source nutrition to meet nutritional needs due to special dietary needs directly 
related to cancer, chronic kidney disease, diabetes, malnutrition or failure to thrive, 
as those terms are defined by the World Health Organization's International 
Classification of Diseases, 11th Revision and biologics and diagnostic kits 
regulated under the federal Virus-Serum-Toxin Act;
(7)  Packaging for medical equipment or products used in medical settings, 
including components associated with medical equipment or products used in 
medical settings and disposable medical equipment;
(8)  Packaging used for products developed or manufactured for the purpose of 
public health or environmental or water quality testing;
(9)  Packaging used for products regulated by the Federal Insecticide, Fungicide, 
and Rodenticide Act;
(10)  Packaging used to contain and ship products that are classified for 
transportation as dangerous goods or hazardous materials under 49 Code of Federal 
Regulations, Part 178; or
(11)  Packaging used to contain hazardous or flammable products regulated under 
Code of Federal Regulations, Section 1910.1200.
Sec. 5.  38 MRSA §2146, sub-§1, ¶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 sold for 
consumption.  "Post-consumer recycled material" does not include post-industrial 
material or pre-consumer material.
Sec. 6.  38 MRSA §2146, sub-§1, ¶O, as enacted by PL 2021, c. 455, §2, is repealed 
and the following enacted in its place:
O.  "Producer" means a person that:
(1) Manufactures a product that is sold, in or with packaging, under a brand or 
trademark owned by the manufacturer, or lacks identification of a brand, at a 
physical retail location in this State;
(2) If subparagraph (1) does not apply, is licensed to manufacture and sell, or offer 
for sale, a product, in or with packaging, under a brand or trademark at a physical 
retail location in this State;
(3) If subparagraphs (1) and (2) do not apply, is the brand or trademark owner, 
licensee or entity that has a direct relationship with the manufacturer of a product 
sold, in or with packaging, at a physical retail location in this State;
(4) If there is no person described in subparagraphs (1) to (3) located within the 
United States, is the person that first distributes a product, in or with packaging, 
for sale at a physical retail location in this State;
(5) Manufactures a product that is sold, in or with packaging, under a brand or 
trademark owned by the manufacturer, or lacks identification of a brand, if the 
packaging is used to directly protect or contain a product sold in this State via the 
Internet, remote sale or remote distribution; or
(6) Packages a product to be shipped to a customer in this State that is sold via the 
Internet, by remote sale or remote distribution.
If a person described under this paragraph is a business operated wholly or in part as a 
franchisor that has franchisees with a commercial presence within the State, the person 
is considered a producer.
"Producer" includes a low-volume producer.  "Producer" does not include a nonprofit 
organization exempt from taxation under the United States Internal Revenue Code of 
1986, Section 501(c)(3).
Sec. 7.  38 MRSA §2146, sub-§1, ¶R-1 is enacted to read:
R-1.  "Residential recycling collection service" means the collection of recyclable 
materials from a residential household and delivery of the recyclable materials to a 
recycling facility for processing.
Sec. 8.  38 MRSA §2146, sub-§1, ¶R-2 is enacted to read:
R-2.  "Responsible end market" means an entity that purchases or accepts recyclable 
materials if the recycling of materials is conducted in a way that benefits the 
environment and minimizes risks to public health and worker health and safety.
Sec. 9.  38 MRSA §2146, sub-§1, ¶U, as enacted by PL 2021, c. 455, §2, is 
amended to read:
U.  "Toxicity" means, with respect to packaging material, the presence intentional 
addition in packaging material or the use in the manufacturing, recycling or disposal 
of packaging material of intentionally introduced metals or chemicals regulated 
pursuant to Title 32, chapter 26‑A; food contact chemicals of high concern or priority 
food contact chemicals regulated 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. 10.  38 MRSA §2146, sub-§2, ¶C, as enacted by PL 2021, c. 455, §2, is 
amended to read:
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 liquidations; or
Sec. 11.  38 MRSA §2146, sub-§2, ¶D, as enacted by PL 2021, c. 455, §2, is 
amended by amending the first blocked paragraph to read:
As used in this paragraph, "perishable food" means any food that may spoil or 
otherwise become unfit for human consumption because of its nature, type or physical 
conditions, including, but not limited to, fresh and processed meats, poultry, seafood, 
dairy products, bakery products, eggs in the shells and fresh fruits and vegetables. 
"Perishable food" does not include any such food that is sold, offered for sale or 
distributed for sale frozen except for frozen wild blueberries.; or
Sec. 12.  38 MRSA §2146, sub-§2, ¶E is enacted to read:
E.  The producer demonstrates to the department that the producer's packaging material 
meets all of the following criteria.
(1) The packaging material is not collected through a residential recycling 
collection service.
(2) The packaging material does not undergo separation from other materials at a 
commingled recycling processing facility.
(3) The packaging material is recycled at a responsible end market.
(4) The packaging material has a demonstrated recycling rate of at least 65% for 3 
consecutive years prior to January 1, 2027 and, on and after that date, has a 
demonstrated recycling rate of at least 70% annually, as demonstrated to the 
department every 2 years beginning January 1, 2027.
If only a portion of the packaging material sold in or into the State by the producer 
meets the criteria of subparagraph (1), only the portion of the packaging material that 
meets the criteria of subparagraph (1) is exempt from this section and any portion that 
does not meet the criteria is packaging material for the purposes of this section.
Sec. 13.  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 or 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. 14.  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 UPCs of products 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 UPCs brands of those products for which the department has 
determined the producer has not complied with all applicable requirements of this 
section.
Sec. 15.  38 MRSA §2146, sub-§6, as enacted by PL 2021, c. 455, §2, is amended 
to read:
6.  Producer payments.  In accordance with the provisions of this subsection and the 
rules adopted by the department stewardship organization's plans submitted pursuant to 
subsection 3, paragraph A, no later than 180 270 days after the effective date of the contract 
entered into by the department and the stewardship organization pursuant to subsection 3, 
and annually thereafter, a producer shall make payments to the stewardship organization to 
be deposited into the packaging stewardship fund under subsection 12 based on the net 
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 and not managed by the 
producer under an approved alternative collection program and not exempt pursuant to this 
section.  The department shall adopt rules setting forth the manner in which such payments 
must be a process to approve a producer payment system under the program that is 
calculated for packaging material that is readily recyclable and packaging material that is 
not readily recyclable, which must be designed to incentivize the use by producers of 
packaging material that is readily recyclable and disincentivize the use by producers of 
packaging material that is not readily recyclable.
Sec. 16.  38 MRSA §2146, sub-§13, as amended by PL 2023, c. 589, §§1 and 2, is 
further amended to read:
13.  Administration and enforcement; rulemaking; fees; department report.  The 
department shall administer and enforce this section and shall adopt rules as necessary to 
implement, administer and enforce this section.  The department shall solicit input from 
interested parties in the development of any draft rules to implement this section, solicit 
public comment on the draft rules for a period of at least 30 days and hold a public hearing 
on the draft rules in the same manner as a public hearing must be conducted under Title 5, 
section 8052.  Except as provided in paragraph D, rules Rules adopted pursuant to this 
section are routine technical major substantive rules as defined in Title 5, chapter 375, 
subchapter 2‑A.
A.  Rules adopted by the department pursuant to this section must include, at a 
minimum:
(1)  A process for annually determining approving a schedule system of producer 
payments required submitted by the stewardship organization for approval under 
subsection 6, which must include, but is not limited to, provisions regarding the 
timing of producer payments and the timing of and information required to be 
provided in the annual producer report required by subsection 7.
(a)  The payment schedule adopted system approved under this subparagraph 
must provide for a flat fee option to be assessed on a tiered basis such that a 
low-volume producer is required to pay no more than $500 per ton of 
packaging material and no more than $7,500 in total annual fees to the 
stewardship organization under this section.
(b)  For producers other than low-volume producers, the payment schedule 
adopted system approved under this subparagraph must be based on and cover 
the cost of managing the amount of each type of packaging material sold, 
offered for sale or distributed for sale in or into the State by a producer and not 
managed under an approved alternative collection program, adjusted as 
applicable in accordance with the adjustment criteria adopted pursuant to 
division (c).
(c)  For producers other than low-volume producers, the payment schedule 
adopted system approved under this subparagraph must delineate criteria to be 
used to adjust producer payments in a manner that incentivizes the use of 
recycled content in and increased recyclability of packaging material, lower 
toxicity in packaging material, a reduction of the amount of packaging material 
used, a reduction of litter from packaging material, increased reuse of 
packaging material and labeling of packaging material to reduce consumer 
confusion including by incentivizing accuracy in recyclability claims 
displayed on packaging material and that creates other incentives consistent 
with generally accepted industry standards.
(d)  The rule payment system approved under this subparagraph must require 
as part of the annual producer reporting under subsection 7 the provision by a 
producer of all information necessary for the determination of the producer's 
payment obligation and the determination of the producer's compliance with 
respect to its products.
(i)  For producers other than low-volume producers, the rule payment 
system must require the producer to provide a description of the methods 
it used to determine the amount reported for each type of packaging 
material associated with its products, a description of the characteristics of 
each type of packaging material that are relevant to the adjustment criteria 
adopted pursuant to division (c) and a list of the producer's brands and the 
UPCs of the products associated with each type of packaging material.
(ii)  For low-volume producers, the rule payment system must require the 
reporting of only the information necessary for a calculation of the flat fee 
described in division (a) and a determination of the producer's compliance 
with the requirements of this section.  
(iii)  The rule payment system must authorize a producer that is unable to 
fully satisfy the reporting requirements due to a failure to obtain sufficient 
information regarding the characteristics of the packaging material of 
products of the producer that are sold, offered for sale or distributed for 
sale in or into the State to alternatively report to the stewardship 
organization an estimate of the total amount of that packaging material 
based on unit quantities as long as such alternative reporting includes a 
description of the methods used by the producer to calculate the estimate.  
When a producer alternatively reports an estimate in accordance with this 
subdivision, unless otherwise determined by the department, the estimate 
must be adjusted using the least favorable adjustment criteria adopted 
pursuant to division (c);
(2)  A process for determining on an annual basis those types of packaging material 
that are readily recyclable, which must involve consultation with the stewardship 
organization and recycling establishments and must include a transitional period 
of no more than one year between the time that a type of packaging material is 
determined to be readily recyclable or to not be readily recyclable and the time that 
such determinations will be effective for the purposes of calculating producer 
payments and municipal reimbursements in accordance with this section;
(3)  A process for determining on an annual basis which municipalities are similar 
municipalities, which must involve consultation with participating municipalities;
(4)  A process for determining municipal reimbursements, including a description 
of the information required from participating municipalities under subsection 9, a 
method for calculating the reimbursements required under subsection 10 and the 
timing for participating municipality reporting and payments to participating 
municipalities.  The method for calculating reimbursements must include the 
median per-ton cost of managing packaging material that is readily recyclable and 
the median per-ton cost of managing packaging material that is not readily 
recyclable.  The method for calculating reimbursements must involve consultation 
with participating municipalities and be designed to incentivize municipal waste 
management activities that represent higher priorities on the solid waste 
management hierarchy;
(5)  Requirements for the assessment of stewardship organization to develop a 
process to assess program performance, including the setting of program goals 
used to inform the producer payment schedule determined system approved 
pursuant to subparagraph (1) and the investments in infrastructure and education 
made pursuant to subsection 11, which must may include, but are not limited to,: 
program goals supporting an incentive in overall reduction by producers in the 
amount of packaging material used, an that incentivize an increased reuse by 
producers of packaging material and that incentivize an increased amount of post-
consumer recycled content in packaging material used by producers; packaging 
material litter reduction goals; recycling access and collection rate goals for 
municipalities; and overall program and material-specific recycling rate goals.
To the maximum extent practicable, the stewardship organization shall propose 
material-specific recycling rate goals adopted pursuant to this subparagraph must 
that reflect the following recycling standards:
(a)  Sorted glass is considered recycled if it does not require further processing 
before entering a glass furnace or before use in the production of filtration 
media, abrasive materials, glass fiber insulation or construction materials;
(b)  Sorted metal is considered recycled if it does not require further processing 
before entering a smelter or furnace;
(c)  Sorted paper is considered recycled if it does not require further processing 
before entering a pulping operation; and
(d)  Plastic separated by polymer is considered recycled if it does not require 
further processing before entering a pelletization, extrusion or molding 
operation or, in the case of plastic flakes, does not require further processing 
before use in a final product;
(6)  Requirements for the stewardship organization to conduct representative audits 
of recyclable material processed and sold by facilities that process recyclable 
material generated in the State, of municipal solid waste disposed of in the State 
and of waste littered in the State, which must include, but are not limited to:
(a)  Provisions regarding the sampling techniques to be used in those audits, 
which must include random sampling;
(b)  For audits of recyclable material, provisions regarding:
(i)  How those audits must be designed to collect information regarding 
the extent to which recyclable material processed and sold by those 
facilities reflects the tons of each type of packaging material collected in 
the State for recycling and the tons of each type of packaging material 
recycled in the State, as well as the ultimate destination of and intended 
use for that recycled material;
(ii)  How those audits must be designed so that information collected 
through the audit of one facility will not be used to infer information about 
a different facility that uses different processing equipment, different 
sorting processes or different staffing levels to conduct processing; and
(iii)  The process by which a facility will be allowed to request and receive 
an audit if it can credibly demonstrate that an audit result being applied to 
its material output is not representative of its current operations;
(c)  For audits of municipal solid waste, provisions regarding how the audits 
will be designed to collect information regarding the types and amount, 
whether by weight or volume, of packaging material in the waste stream and 
the percentage by weight and volume of the waste stream that is composed of 
packaging material; and
(d)  For audits of waste littered in the State, provisions regarding how the audits 
will be designed to collect information regarding the packaging material type 
by amount, whether by weight or volume, in sampled litter, identification of 
the producer or producers of the packaging material in sampled litter, if 
identifiable, and an evaluation based on those audits regarding the areas of the 
State in which litter accumulation is greatest;
(7)  A schedule by which the stewardship organization must annually report to the 
department pursuant to subsection 5 and a schedule by which a producer or group 
of producers operating an approved alternative collection program must annually 
report to the stewardship organization and to the department pursuant to subsection 
8, paragraph D; and
(8)  A process by which the stewardship organization will develop and submit for 
department review and a process by which the department shall review and approve 
or deny a proposed investment in education and infrastructure pursuant to 
subsection 11.  The process must set forth the manner in which the stewardship 
organization is required to solicit and incorporate input in the development of 
proposed investments from producers, recycling establishments and participating 
municipalities.
B.  At the time that the stewardship organization submits its annual report to the 
department pursuant to subsection 5, the stewardship organization shall pay to the 
department a reasonable annual fee established by the department, not to exceed 
$300,000, to cover the department's costs for review of the stewardship organization's 
annual report and the department's costs in the prior fiscal year for its oversight, 
administration and enforcement of the packaging stewardship program.  In accordance 
with subsection 12, paragraph C, the annual fee required under this paragraph may 
include reimbursement of any costs incurred by the department in adopting rules and 
in administering and enforcing this section prior to the effective date of the contract 
entered into by the department and the stewardship organization pursuant to subsection 
3.
C.  A producer or group of producers, when submitting a proposal to the department 
for the establishment of an alternative collection program or submitting a proposal to 
the department for modifications to an approved alternative collection program under 
subsection 8, shall pay to the department a reasonable fee established by the department 
to cover the department's actual costs for review of the proposal or proposed 
modifications.  A producer or group of producers operating an approved alternative 
collection program under subsection 8 shall pay to the department a reasonable annual 
fee established by the department, not to exceed $10,000 per participating producer, to 
cover the department's costs for review of the producer's or group's annual report and 
the department's costs for the oversight, administration and enforcement of the 
alternative collection program, which may be waived by the department if those 
activities by the department do not require significant department staff time.
D.  The department shall review packaging material associated with certain federally 
regulated products to determine whether that packaging material should be excluded 
from the definition of "packaging material" under subsection 1, paragraph I.  In making 
such a determination, the department shall, at a minimum, consider whether the 
packaging material for such products is required by federal law or regulation to meet 
specific content or construction standards that may preclude or significantly diminish 
the producer's ability to increase the recyclability or reduce the volume of the 
packaging material.  If the department determines that any such product or its 
associated packaging material should be excluded from the definition of "packaging 
material," the department shall adopt an exclusion by rule.  At a minimum, the 
department shall conduct a review in accordance with this paragraph of the packaging 
material associated with the following federally regulated products:
(1)  Material that is used for the containment, protection, delivery, presentation or 
distribution of a drug, as that term is defined under Section 321 of the federal Food, 
Drug, and Cosmetic Act, as regulated by the United States Food and Drug 
Administration under the federal Food, Drug, and Cosmetic Act or as collected 
under a stewardship program in the State that has been approved for operation by 
the department and has been established to collect and dispose of such drugs, 
including, but not limited to, prescription and nonprescription drugs, drugs in 
medical devices and combination products, branded and generic drugs and drugs 
for veterinary use;
(2)  Material that is a medical device or a biological product, or is used for the 
containment, protection, delivery, presentation or distribution of a medical device 
or a biological product, as regulated by the United States Food and Drug 
Administration under 21 Code of Federal Regulations, Parts 200, 300 and 800;
(3)  Material that is used for the containment, protection, delivery, presentation or 
distribution of an over-the-counter human drug product for which tamper-evident 
packaging is required, as regulated by the United States Food and Drug 
Administration under 21 Code of Federal Regulations, Section 211.132; and
(4)  Material that is used for the containment, protection, delivery, presentation or 
distribution of a substance regulated by the United States Consumer Product Safety 
Commission pursuant to the federal Poison Prevention Packaging Act of 1970 for 
which special packaging is required under 16 Code of Federal Regulations, Part 
1700.
Rules adopted pursuant to this paragraph are major substantive rules as defined in Title 
5, chapter 375, subchapter 2‑A.
E.  Beginning February 15, 2025, and annually 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 packaging stewardship 
program and alternative collection programs implemented pursuant to this section.
(1)  The report must include, at a minimum, data on the amount and type of 
packaging material associated with products sold, offered for sale or distributed for 
sale in or into the State; data regarding how that packaging material was managed; 
and any recommendations for amendments to the programs implemented under 
this section, including, but not limited to, the establishment of new program goals 
or the imposition of a prohibition on the sale, offer for sale or distribution for sale 
in or into the State of products associated with packaging material that the 
department has determined is nonessential, is contaminating collected recyclable 
material, is a common source of litter or exhibits toxicity, particularly if that 
toxicity is demonstrated to have a disproportionate impact on any community in 
the State.
(2)  Beginning February 15, 2028, and every 5 years thereafter, the report under 
this paragraph must describe the results of a comprehensive review of the rules 
adopted by the department pursuant to this section and must include 
recommendations by the department for any legislative changes to this section 
determined necessary as a result of that review, including, but not limited to, 
changes to the flat fee that may be paid by a low-volume producer pursuant to 
subsection 13, paragraph A, subparagraph (1), division (a), as well as a description 
of any changes to those rules that the department intends to propose in future 
rulemaking.
(2-A)  The report under this paragraph due February 15, 2028 must include:
(a)  Information regarding the criteria and standards adopted by other 
jurisdictions to regulate recyclability claims displayed on packaging material, 
including, but not limited to, the recyclability criteria and standards adopted 
by the California Department of Resources Recycling and Recovery pursuant 
to the California Public Resources Code, Division 30, Part 3, Chapter 5.7; and
(b)  An evaluation of options for further incentivizing or ensuring accuracy in 
recyclability claims displayed on packaging material through amendments to 
the producer payment schedule adopted pursuant to paragraph A, subparagraph 
(1), through amendments to the criteria and standards for determining 
recyclability adopted pursuant to paragraph A, subparagraph (2) or through 
other amendments to this section or the rules adopted pursuant to this section.
This subparagraph applies only to the report due February 15, 2028.
(3)  The report required under this paragraph may be included in the report required 
pursuant to section 1772, subsection 1.
SUMMARY
This bill amends the laws governing the State's stewardship program for packaging to 
exclude certain commercial, cosmetic, medical, environmental, dangerous, hazardous or 
flammable product packaging and packaging of products related to public health and water 
quality testing from the requirements of the program and updates the definition of "toxicity" 
for purposes of the program. The bill requires the Department of Environmental Protection 
to adopt a process to approve a producer payment system under the program. It also updates 
the definition of "producer" to add clarification regarding packaging of certain products 
sold at physical retail locations in the State and via the Internet, remote sale or remote 
distribution.