APPROVED CHAPTER
JULY 27, 2023 482
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
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H.P. 1225 - L.D. 1909
An Act to Modernize Maine's Beverage Container Redemption Law
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 36 MRSA §112, sub-§8, as amended by PL 2021, c. 1, Pt. M, §§9 and 10,
is further amended to read:
8. Additional duties. In addition to the duties specified in this Title, the assessor has
the following duties:
A. Collection of the tax on fire insurance companies imposed by Title 25, section 2399;
and.
E. Administration of reports and payments required under Title 38, section 3108.
Sec. 2. 38 MRSA §3102, sub-§1-A is enacted to read:
1-A. Account-based bulk processing program. "Account-based bulk processing
program" means a beverage container recycling program implemented by a redemption
center or pick-up agent that meets the requirements of rules adopted by the department, is
approved by the department, consolidates beverage containers subject to the requirements
of this chapter through bulk sorting, collects data regarding each container sorted, provides
electronic data reports specifying the number of containers sorted by universal product
code along with information regarding the container brand, redemption location and
container material type to support an accounting of deposits, fees and material weight and
prepares the sorted containers for sale to recyclers. An account-based bulk processing
program may include a bag drop program as a program component.
Sec. 3. 38 MRSA §3102, sub-§1-B is enacted to read:
1-B. Bag-drop program. "Bag-drop program" means a beverage container recycling
program implemented by a redemption center that meets the requirements of rules adopted
by the department and that allows a person to drop off beverage containers subject to the
requirements of this chapter in a bag or other receptacle at one or more identified locations
and to have the corresponding refund placed into an account to be held for the benefit of
the person in a manner that allows the person to obtain the refund or a refund receipt within
10 calendar days following the drop-off. A bag-drop program may be implemented as part
of or in conjunction with an account-based bulk processing program.
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 Sec. 4. 38 MRSA §3102, sub-§3-A is enacted to read:
3-A. Commingling cooperative or cooperative. "Commingling cooperative" or
"cooperative" means the entity established pursuant to section 3107, subsection 3-B to
manage the collection of all beverage containers subject to the requirements of this chapter
under a single commingling program.
Sec. 5. 38 MRSA §3102, sub-§3-B is enacted to read:
3-B. Commingling group. "Commingling group" means a group of initiators of
deposit that have entered into a commingling agreement approved by the department in
accordance with section 3107, subsection 1-A or 1-B. "Commingling group" includes the
State, through the Department of Administrative and Financial Services, Bureau of
Alcoholic Beverages and Lottery Operations, which, pursuant to section 3107, is deemed
to be managing returned containers for which the State has initiated deposits in a
commingling program pursuant to a qualified commingling agreement, but does not
include the commingling cooperative.
Sec. 6. 38 MRSA §3102, sub-§16-A, as enacted by PL 2019, c. 526, §5, is amended
to read:
16-A. Pick-up agent. "Pick-up agent" means an initiator of deposit, a distributor or a
contracted agent of an initiator of deposit or, a distributor, a commingling group or the
commingling cooperative that receives redeemed beverage containers from a redemption
center, except for beverage containers redeemed through an account-based bulk processing
program, and transports those containers for recycling.
Sec. 7. 38 MRSA §3102, sub-§19, as enacted by PL 2015, c. 166, §14, is amended
to read:
19. Reverse vending machine. "Reverse vending machine" means an automated
device that meets the requirements of rules adopted by the department and that uses a laser
scanner or optical sensor and microprocessor to accurately recognize the universal product
code on beverage containers each beverage container and to accumulate information
regarding containers redeemed, enabling the reverse vending machine to accept containers
from redeemers and to issue script for the containers' refund value. "Reverse vending
machine" does not include a hand scanner or other similar device.
Sec. 8. 38 MRSA §3105, sub-§1, as amended by PL 2019, c. 11, §1, is further
amended to read:
1. Labels. Except as provided under subsections 2 and subsection 4, the refund value,
or the words "refund value" or the abbreviation "RV," and the word "Maine" or the
abbreviation "ME" must be clearly indicated on every refundable beverage container sold
or offered for sale by a dealer in this State, by embossing, stamping, labeling or other
method of secure attachment to the beverage container, except in instances when the
initiator of deposit has specific permission from the department to use stickers or similar
devices. The refund value may not be indicated on the bottom of the container.
Sec. 9. 38 MRSA §3105, sub-§2, as amended by PL 2019, c. 11, §2, is repealed.
Sec. 10. 38 MRSA §3105, sub-§3, as enacted by PL 2015, c. 166, §14, is repealed.
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 Sec. 11. 38 MRSA §3105, sub-§4, as enacted by PL 2015, c. 166, §14, is amended
to read:
4. Brand name Refillable beverage containers. Refillable glass beverage containers
of carbonated beverages, for which the deposit is initiated under section 3103, subsection
1, that have a refund value of not less than 5¢ and a brand name permanently marked on
the container are not required to comply with subsection 1. The exception provided by this
subsection does not apply to glass beverage containers that contain spirits, wine or malt
liquor as those terms are defined by Title 28‑A, section 2.
Sec. 12. 38 MRSA §3105, sub-§5, as amended by PL 2019, c. 526, §6, is further
amended to read:
5. Label registration. An initiator of deposit shall register the container label of any
beverage offered for sale in the State on which it initiates a deposit. Registration must be
on forms or in an electronic format provided by the department prior to July 15, 2025 and
by the cooperative beginning July 15, 2025 and must include the universal product code
for each combination of beverage and container manufactured. The initiator of deposit
shall renew a label registration annually and whenever that label is revised by altering the
universal product code or whenever the container on which it appears is changed in size,
composition or glass color. The initiator of deposit shall also include as part of the
registration the method of collection for that type of container, identification of a collection
agent, identification of all of the parties to a commingling agreement that applies to the
container and proof of the collection agreement. The department may charge a fee for
registration and registration renewals under this subsection.
A. Prior to July 15, 2025, the department may charge a fee for registration and
registration renewals under this subsection.
B. Beginning July 15, 2025, a commingling group shall ensure that all initiators of
deposit participating in the commingling group provide to the cooperative accurate and
up-to-date label registration information required by this subsection and that any
updates to label registrations are provided to the cooperative at least 30 days prior to
introduction for sale in the State. The cooperative shall ensure that accurate and up-to-
date information regarding all label registrations is shared with entities using or
administering reverse vending machine and account-based bulk processing programs
and is made available on its publicly accessible website.
Sec. 13. 38 MRSA §3106, sub-§5, as amended by PL 2019, c. 526, §7, is further
amended to read:
5. Distributor acceptance Acceptance by commingling group. A distributor
commingling group or its agent may not refuse to accept from any dealer or redemption
center any empty, unbroken and reasonably clean beverage container, whether refillable or
nonrefillable, or any beverage container that has been processed through an approved
reverse vending machine or account-based bulk processing program that meets the
requirements of rules adopted by the department pursuant to this chapter of the kind, size
and brand sold by the distributor members of the commingling group or refuse to pay to
the dealer or redemption center the refund value of a beverage container as established by
section 3103.
Sec. 14. 38 MRSA §3106, sub-§5-A is enacted to read:
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 5-A. Cost apportionment; waiver process. A dealer or redemption center may apply
for and the department may approve a temporary waiver during which the dealer or
redemption center may apportion beverage container costs to distributors using an
alternative method that does not require processing of all beverage containers through a
reverse vending machine or similar technology requiring the scanning of each container.
A. Prior to approving a temporary waiver under this subsection, the department shall
establish procedures regarding the administration of the temporary waiver process. In
establishing those procedures, the department shall solicit and consider input from
interested persons. The procedures must require that, prior to approving any submitted
application from a dealer or redemption center for a temporary waiver, the department
solicit input from interested persons regarding the application.
B. The department may approve a temporary waiver upon a finding that the dealer or
redemption center has demonstrated to the department's satisfaction that it will
implement an alternative method of apportioning beverage container costs to
distributors that:
(1) Uses a beverage container count method based on a statistically valid sample
of beverage containers that is at least as accurate as the beverage container count
method currently used by the dealer or redemption center;
(2) Apportions beverage container costs to distributors using the beverage
container count method described in subparagraph (1) by approximating the costs
currently apportioned to distributors by the dealer or redemption center in a manner
that is at least as accurate as that used under the auditing process described in
section 3109, subsection 5-B; and
(3) Implements a process by which the dealer or redemption center will return to
a distributor an amount of beverage containers by weight that corresponds to the
amount of the beverage container costs apportioned to the distributor in accordance
with subparagraph (2).
C. A temporary waiver approved by the department may not exceed one year in
duration. Prior to the expiration of an approved waiver, the dealer or redemption center
may apply to the department for an extension of the waiver. The department may
approve the waiver for a period not to exceed one additional year in duration upon a
finding that the dealer or redemption center has submitted sufficient information to the
department to demonstrate that the alternative apportionment method implemented
during the previous waiver period satisfies the requirements of paragraph B.
D. A distributor that had beverage container costs apportioned to it by a dealer or
redemption center using an alternative apportionment method under a waiver approved
pursuant to this section may apply to the department for reimbursement of beverage
container costs or other financial losses incurred as a direct result of the alternative
apportionment method if the distributor can demonstrate to the department's
satisfaction that the distributor:
(1) Would have been paid additional beverage container costs if the distributor's
beverage containers were processed through a reverse vending machine or similar
technology that scanned each container; or
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 (2) Otherwise suffered a financial loss as a direct result of the alternative
apportionment method implemented under the waiver.
A distributor must submit a request for reimbursement under this paragraph prior to
December 31, 2025. If the department determines that a distributor is eligible for
reimbursement under this paragraph, the department shall reimburse the distributor
using funds from the Cost and Carbon Efficient Technology Fund established under
section 3114-A.
As used in this subsection, "beverage container costs" means a beverage container's refund
value as established by section 3103 and the amount of the reimbursement of handling costs
as established by subsection 7.
On or before February 15, 2025, the department shall submit a report to the joint standing
committee of the Legislature having jurisdiction over environment and natural resources
matters describing its findings or recommendations regarding the implementation of the
temporary waiver process under this subsection. The report may be included in the report
required pursuant to section 3115, subsection 3 that is required by February 15, 2025. After
reviewing the report, the committee may report out legislation relating to the report.
This subsection is repealed January 1, 2026.
Sec. 15. 38 MRSA §3106, sub-§6, as amended by PL 2019, c. 526, §7, is further
amended to read:
6. Obligation to preserve recycling container value. Notwithstanding subsection 8
8-A, a distributor commingling group or its agent may refuse to accept, or pay the refund
value and handling costs to a dealer, redemption center or other person for, a beverage
container that has been processed by a reverse vending machine or account-based bulk
processing program in a way that has, for a nonrefillable beverage container, reduced the
recycling value of the container below current market value or, for a refillable beverage
container, has damaged the container in a manner that prevents its reuse. This subsection
may not be interpreted to prohibit a written processing agreement between a distributor
commingling group and a dealer or redemption center and does not relieve a distributor
commingling group of its obligation under subsection 8 8-A to accept empty, unbroken and
reasonably clean beverage containers. Beginning July 15, 2025, the cooperative, on behalf
of its member commingling groups, shall negotiate agreements with dealers and
redemption centers regarding processing payments for each beverage container material
type. The department shall adopt rules to establish the recycling value of beverage
containers under this subsection and the rules may authorize the use of a 3rd-party vendor
to determine if a beverage container has been processed by a reverse vending machine or
account-based bulk processing program in a manner that, for a nonrefillable beverage
container, has reduced the recycling value below current market value or, for a refillable
beverage container, has damaged the container in a manner that prevents its reuse. The
rules must outline the method of allocating among the parties involved the payment for
3rd-party vendor costs.
Sec. 16. 38 MRSA §3106, sub-§8, as amended by PL 2019, c. 315, §19 and c. 526,
§7, is further amended to read:
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 8. Obligation to pick up and recycle containers. The Prior to October 15, 2024, the
obligation to pick up and recycle beverage containers subject to this chapter is determined
as follows.
A. A distributor that initiates the deposit under section 3103, subsection 2 or 4 has the
obligation to pick up and recycle any empty, unbroken and reasonably clean beverage
containers of the particular kind, size and brand sold by the distributor from dealers to
whom that distributor has sold those beverages and from licensed redemption centers.
A distributor that, within this State, sells beverages under a particular label exclusively
to one dealer, which dealer offers those labeled beverages for sale at retail exclusively
at the dealer's establishment, shall pick up any empty, unbroken and reasonably clean
beverage containers of the kind, size and brand sold by the distributor to the dealer only
from those licensed redemption centers that are located within 25 miles from the dealer,
as measured along public roadways. A dealer that manufactures its own beverages for
exclusive sale by that dealer at retail has the obligation of a distributor under this
section. The department may establish by rule, in accordance with the Maine
Administrative Procedure Act, criteria prescribing the manner in which distributors
shall fulfill the obligations imposed by this paragraph. The rules may establish a
minimum number or value of containers below which a distributor is not required to
respond to a request to pick up empty containers. Any rules adopted under this
paragraph must allocate the burdens associated with the handling, storage,
transportation and recycling of empty containers to prevent unreasonable financial or
other hardship.
B. The initiator of the deposit under section 3103, subsection 3 has the obligation to
pick up and recycle any empty, unbroken and reasonably clean beverage containers of
the particular kind, size and brand sold by the initiator from dealers to whom a
distributor has sold those beverages and from licensed redemption centers. The
obligation may be fulfilled by the initiator directly or indirectly through a c