APPROVED CHAPTER
JUNE 10, 2025 241
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
H.P. 1022 - L.D. 1564
An Act to Delay Implementation of Certain Recent Changes to the Beverage
Container Redemption Law and to Make Other Necessary Changes to That
Law
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation must take effect before the expiration of the 90-day period
so that certain changes to the laws governing manufacturers, distributors and dealers of
beverage containers enacted by Public Law 2023, chapter 482 are clarified prior to the
implementation date of those changes; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §3105, sub-§5, as amended by PL 2023, c. 482, §12, 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 2026
and by the cooperative beginning July 15, 2025 2026 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 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.
A. Prior to July 15, 2025 2026, the department may charge a fee for registration and
registration renewals under this subsection.
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 B. Beginning July 15, 2025 2026, 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. 2. 38 MRSA §3106, sub-§6, as amended by PL 2023, c. 482, §15 and affected
by §43, is further amended to read:
6. Obligation to preserve container value. Notwithstanding subsection 8‑A, a
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 commingling group and a dealer or
redemption center and does not relieve a commingling group of its obligation under
subsection 8‑A to accept empty, unbroken and reasonably clean beverage containers.
Beginning July 15, 2025 2026, 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. 3. 38 MRSA §3106, sub-§8-A, as enacted by PL 2023, c. 482, §17, is amended
to read:
8-A. Obligation to pick up and recycle containers. Beginning October 15, 2024, in
In accordance with the requirements of this subsection and the rules adopted pursuant to
this subsection, a designated pick-up entity has the obligation to ensure the timely pickup
and recycling of all empty, unbroken and reasonably clean beverage containers subject to
the requirements of this chapter from dealers and redemption centers, including from any
locations where an account-based bulk processing program is in operation. As used in this
subsection, "designated pick-up entity" means, prior to July 15, 2025 until the cooperative
implements a department-approved program plan pursuant to section 3107, subsection 3-B,
paragraph C or for any period of time in which a department-approved program plan is not
implemented, a commingling group or its pick-up agent and, beginning July 15, 2025 or,
for any period of time in which a department-approved program plan is implemented, the
cooperative or its pick-up agent or agents.
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 A. Notwithstanding any provision of this subsection to the contrary, prior to July 15,
2025 until the cooperative implements a department-approved program plan pursuant
to section 3107, subsection 3-B, paragraph C or for any period of time in which a
department-approved program plan is not implemented, in the case of a designated
pick-up entity that is a commingling group, the commingling group's responsibilities
under this subsection apply only to those beverage containers from the initiators of
deposit that are members of that commingling group.
B. The department shall adopt rules to implement this subsection. The rules must, at
a minimum, establish pickup frequency standards based on the volume of beverage
containers collected by each dealer or redemption center, accounting for any
irregularities in volume, in a manner that promotes communication between designated
pick-up entities and dealers and redemption centers and that increases transportation
efficiency while maintaining the level of service provided to dealers and redemption
centers such that dealers and redemption centers are not required to store collected
beverage containers for extended periods of time without contact from and
compensation provided by the designated pick-up entity. Rules adopted pursuant to
this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter
2‑A.
Sec. 4. 38 MRSA §3106, sub-§9, as amended by PL 2023, c. 482, §18, is further
amended to read:
9. Plastic bags. Plastic bags used by a dealer or redemption center and the cost
allocation of these bags must conform to rules adopted by the department concerning size
and gauge. Beginning July 15, 2025, the cooperative shall provide to the dealer or
redemption center, or the plastic bags to be used by the dealer or redemption center to
contain redeemed beverage containers or, within 6 weeks of receipt of a request for
reimbursement from the dealer or redemption center for the cost of such plastic bags used
by the dealer or redemption center, reimburse the dealer or redemption center for the cost
of, the plastic bags used by the dealer or redemption center to contain redeemed beverage
containers those requested costs.
Sec. 5. 38 MRSA §3107, sub-§1, as amended by PL 2023, c. 482, §22, is further
amended to read:
1. Commingling requirement. If initiators of deposit enter into a commingling
agreement pursuant to this section, commingling of beverage containers must be by all
containers of like deposit value, product group, material and size. Initiators of deposit may
not require dealers or redemption centers to further sort containers that belong to the
commingling group. This subsection does not prevent further commingling of containers
if requested by the responsible commingling group or the cooperative. An initiator of
deposit required pursuant to section 3106, subsection 8 or 8‑A to pick up beverage
containers subject to a commingling agreement also shall pick up all other beverage
containers subject to the same agreement. The initiator of deposit may not require beverage
containers that are subject to a commingling agreement to be sorted separately by a dealer
or redemption center. A dealer or redemption center that processes beverage containers
using a reverse vending machine or account-based bulk processing program is not required
to sort material by color, in accordance with subsection 2, paragraphs E to H, deposit value
or size but must comply with the requirements of section 3106, subsection 6.
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 Sec. 6. 38 MRSA §3107, sub-§2, as enacted by PL 2015, c. 166, §14, is amended
to read:
2. Commingling of like materials. For purposes of this section, containers are
considered to be of like materials if made up of one of the following:
A. Plastic;
B. Aluminum;
C. Metal other than aluminum; and
D. Glass.;
E. Clear, transparent green or transparent light blue polyethylene terephthalate;
F. Other polyethylene terephthalate that is not clear, transparent green or transparent
light blue;
G. Clear high-density polyethylene;
H. Colored high-density polyethylene; or
I. Other materials, including refillable beverage containers, that in the department's
discretion are necessary to carry out the purposes of this chapter.
Sec. 7. 38 MRSA §3107, sub-§3-B, ¶B, as enacted by PL 2023, c. 482, §26, is
amended by amending subparagraph (1) to read:
(1) The method by which the program will facilitate and, no later than October 1,
2026, complete the transition from beverage container sorting at redemption
centers by brand to sorting by material type and, for redemption centers that
manually sort containers, by size and deposit value within each material type. The
program may facilitate the negotiation of agreements with redemption centers to
gather brand data through use of reverse vending machines, account-based bulk
processing programs or similar technology as long as the cost of such data
collection is paid by the program;
Sec. 8. 38 MRSA §3107, sub-§3-B, ¶B, as enacted by PL 2023, c. 482, §26, is
amended by amending subparagraph (13) to read:
(13) A proposed timeline for implementation of the program plan, if approved,
designed to ensure implementation of the plan on or before July 15, 2025 January
15, 2026 and a description of how the cooperative will notify commingling groups,
initiators of deposit, dealers, distributors, pick-up agents and other affected entities
regarding program implementation, which must include, but is not limited to,
posting of information relating to program implementation on the website
described in subparagraph (12);
Sec. 9. 38 MRSA §3107, sub-§3-B, ¶C, as enacted by PL 2023, c. 482, §26, is
amended to read:
C. Within 120 days of receipt of a plan submitted by the cooperative under paragraph
B, the department shall review the plan and approve the plan, approve the plan with
conditions or reject the plan. Prior to determining whether to approve or reject a plan,
the department shall hold a public hearing meeting on the plan. The department shall
notify the cooperative in writing of its determination and, if the plan is approved with
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 conditions or rejected, shall include in the notification a description of the basis for the
conditions or rejection.
(1) If the cooperative's plan is rejected, it may submit a revised plan to the
department within 60 days of receiving the notice of rejection. The department
may approve the revised plan as submitted or approve the revised plan subject to
the implementation of specific changes required by the department.
(2) If the cooperative's plan is approved in accordance with this paragraph, the
cooperative shall implement the plan on or before July 15, 2025 January 15, 2026
in accordance with the timeline for implementation described in paragraph B,
subparagraph (13), subject to any changes or conditions imposed by the
department. If the cooperative fails to implement an approved plan on or before
July 15, 2025 January 15, 2026, the initiators of deposit that are members of each
of the commingling groups included in the cooperative are deemed to be in
violation of this chapter and are subject to penalties pursuant to section 3111.
Sec. 10. 38 MRSA §3107, sub-§3-B, ¶G, as enacted by PL 2023, c. 482, §26, is
amended by amending subparagraph (1) to read:
(1) On or before July 15 October 31, 2025, the cooperative shall pay to the
department the annual fee under this paragraph to cover the department's costs for
review of the program plan submitted by the cooperative pursuant to paragraph B
and the department's costs prior to program plan implementation in its oversight of
the development and implementation of the commingling program under this
subsection. The department may require the cooperative to pay a portion of the fee
required under this subparagraph at the time the cooperative submits a program
plan for review and approval pursuant to paragraph B to cover the department's
cost for review of the program plan.
Sec. 11. 38 MRSA §3107, sub-§3-B, ¶I, as enacted by PL 2023, c. 482, §26, is
amended to read:
I. Beginning July 15, 2025, an An initiator of deposit that is not in compliance with all
applicable requirements of the single commingling a department-approved program
plan implemented pursuant to this subsection:
(1) Commits a violation of this chapter and is subject to penalties pursuant to
section 3111; and
(2) Is prohibited from selling or distributing in the State any beverage container
subject to the requirements of this chapter as long as the violation exists. A
distributor or dealer may not sell or distribute in the State any such containers of
the initiator of deposit, and the department may remove from sale any such
containers of the initiator of deposit.
Sec. 12. 38 MRSA §3108-A, sub-§1, as enacted by PL 2023, c. 482, §28 and
affected by §43, is amended to read:
1. Commingling group; unclaimed deposits. Prior to July 15, 2025 January 15,
2026, unclaimed deposits for nonrefillable beverage containers that are subject to a
commingling agreement pursuant to section 3107, subsection 1‑A or 1‑B are the property
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of the members of the commingling group administering the agreement. The commingling
group shall determine the disposition and use of those unclaimed deposits.
Sec. 13. 38 MRSA §3108-A, sub-§2, as amended by PL 2023, c. 529, §§2 to 4 and
affected by §7, is further amended to read:
2. Commingling cooperative; unclaimed deposits. Except as provided in paragraph
D, beginning July 15, 2025 if a department-approved program plan is implemented
pursuant to section 3107, subsection 3-B, paragraph C, unclaimed deposits for nonrefillable
beverage containers subject to the requirements of this chapter are the property of the
cooperative and, in accordance with rules adopted by the department pursuant to subsection
3, must be deposited and maintained by the cooperative in a separate account or accounts
and expended only in accordance with this subsection.
A. The cooperative shall expend unclaimed deposit amounts as provided in paragraphs
B and C and may not expend unclaimed deposit amounts to offset legal or lobbying
fees or fines incurred by the cooperative, a commingling group or an initiator of
deposit.
B. The cooperative shall expend unclaimed deposit amounts for the following
purposes:
(1) Payment of the annual fee to the department as provided in section 3107,
subsection 3‑B, paragraph G;
(2) Reasonable costs of administering the program under section 3107, subsection
3‑B, including, but not limited to, staffing costs and office operating costs;
(3) Costs of educational materials and signage provided to dealers and redemption
centers regarding redemption instructions and other information, including
information regarding the fraudulent redemption of beverage containers in
accordance with section 3106, subsection 10;
(4) Reimbursement to dealers and redemption centers of the costs of plastic bags
pursuant to section 3106, subsection 9;
(4-A) Funding of activities and infrastructure designed to increase the use of
refillable and reusable beverage containers and reusable beverage pac