APPROVED CHAPTER
APRIL 2, 2024 589
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
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H.P. 193 - L.D. 295
An Act to Incentivize Accurate Recyclability Labeling on Packaging Material
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §2146, sub-§13, ¶A, as enacted by PL 2021, c. 455, §2, is
amended by amending subparagraph (1), division (c) to read:
(c) For producers other than low-volume producers, the payment schedule
adopted 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.
Sec. 2. 38 MRSA §2146, sub-§13, ¶E, as enacted by PL 2021, c. 455, §2, is
amended by enacting a new subparagraph (2-A) to read:
(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.
Page 1 - 131LR2336(03)


Statutes affected:
Bill Text ACTPUB , Chapter 589: 38.2146