LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
742
MAY 7, 2022 PUBLIC LAW
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-TWO
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H.P. 1083 - L.D. 1467
An Act To Promote a Circular Economy through Increased Post-consumer
Recycled Plastic Content in Plastic Beverage Containers
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 28-A MRSA §1355-A, sub-§5, ¶J is enacted to read:
J. A rectifier and a holder of a distillery or small distillery license shall comply with
all applicable requirements of Title 38, section 1612.
Sec. 2. 28-A MRSA §1381, sub-§4, as enacted by PL 2019, c. 615, §4 and affected
by §7, is amended to read:
4. Conditions on certificate of approval. A certificate of approval under this section
is subject to the laws of the State, including, but not limited to, all applicable requirements
of Title 38, section 1612, and the rules of the bureau.
Sec. 3. 38 MRSA §1612 is enacted to read:
§1612. Plastic beverage containers
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Beverage" has the same meaning as in section 3102, subsection 1.
B. "Beverage container" means a bottle, can, jar or other container made of glass, metal
or plastic that has been sealed by a manufacturer and at the time of sale contains 4 liters
or less of a beverage. "Beverage container" does not include a container composed, in
whole or in part, of aluminum and plastic or aluminum and paper in combination as
long as the aluminum content represents 10% or less of the unfilled container weight,
the container materials represent 5% or less of the total weight of the container and its
contents and the container is filled with a nonalcoholic beverage. "Beverage container"
does not include a container composed of cardboard in combination with a plastic liner.
C. "Beverage manufacturing industry association" means an association that represents
the interests of companies that manufacture beverages.
D. "Dealer" has the same meaning as in section 3102, subsection 6.
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 E. "Distributor" means a person that engages in the sale of beverages in beverage
containers to a dealer in this State and includes a manufacturer that engages in such
sales.
F. "Initiator of deposit" or "initiator" means a manufacturer, distributor or other person
that initiates or is required to initiate under section 3103 a deposit on a plastic beverage
container containing a beverage other than spirits.
G. "Manufacturer" means a person, partnership, association, corporation or other entity
that, through its own action or through contract or control of another entity, is primarily
responsible for the production of a beverage contained in a plastic beverage container
for sale or distribution in the State.
H. "Nonrefillable beverage container" means a beverage container that, after being
used by a consumer, is not to be reused as a beverage container by a manufacturer.
I. "Plastic" means a synthetic material made from fossil fuel or organic-based
polymers, such as polyethylene, polystyrene, polypropylene and polycarbonate, that
can be molded or blown into specific shapes.
J. "Plastic beverage container" means a nonrefillable beverage container that is
composed wholly or in large part of plastic. "Plastic beverage container" does not
include a beverage label or a beverage cap that may be screwed onto or otherwise
affixed to a nonrefillable beverage container.
K. "Post-consumer recycled plastic" means plastic produced from the recovery,
separation, collection and reprocessing of plastic that was originally sold for
consumption and that would otherwise be disposed of or processed as waste. "Post-
consumer recycled plastic" does not include post-industrial plastic or pre-consumer
plastic.
L. "Proprietary information" has the same meaning as in section 1771, subsection 6-A.
M. "Spirits" has the same meaning as in Title 28‑A, section 2, subsection 31.
N. "Spirits manufacturer" means a person that is:
(1) An in-state rectifier, distillery or small distillery licensed under Title 28-A,
section 1355-A that produces spirits contained in a plastic beverage container; or
(2) An out-of-state spirits supplier that transports spirits contained in a plastic
beverage container into the State or causes such spirits to be transported into the
State and has been issued a certificate of approval under Title 28-A, section 1381.
As used in this paragraph, "rectifier" has the same meaning as in Title 28-A, section 2,
subsection 25 and "out-of-state spirits supplier" has the same meaning as in Title 28-A,
section 1381, subsection 1.
2. Post-consumer recycled plastic requirement. Except as provided in subsection
7, beginning January 1, 2026 and ending December 31, 2030, an initiator of deposit or
spirits manufacturer may not sell, offer for sale or distribute for sale in the State a plastic
beverage container unless all of the plastic beverage containers sold, offered for sale or
distributed for sale in the State by that initiator or spirits manufacturer contain, on average
and in the aggregate, at least 25% post-consumer recycled plastic or the initiator or spirits
manufacturer has paid the fee required by subsection 5.
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Except as provided in subsection 7, beginning January 1, 2031, an initiator of deposit or
spirits manufacturer may not sell, offer for sale or distribute for sale in the State a plastic
beverage container unless all of the plastic beverage containers sold, offered for sale or
distributed for sale in the State by that initiator or spirits manufacturer contain, on average
and in the aggregate, at least 30% post-consumer recycled plastic or the initiator or spirits
manufacturer has paid the fee required by subsection 5.
3. Determination of compliance with post-consumer recycled plastic
requirement; advisory committee. For the purposes of determining an initiator of
deposit's or spirits manufacturer's compliance with the post-consumer recycled plastic
requirement in subsection 2, an initiator or spirits manufacturer may rely on Maine-specific
data regarding plastic beverage container sales and material use, if available, or may
alternatively rely on the same type of data applicable to a region or territory in the United
States that includes the State.
A. If an initiator of deposit or spirits manufacturer elects to rely on data regarding
plastic beverage container sales and material use derived from data applicable to a
region or territory in the United States that includes the State, the initiator or spirits
manufacturer shall:
(1) Prorate that regional or territorial data to determine Maine-specific figures
based on market share or population in a manner that ensures that the percentage
of post-consumer recycled plastic calculated for plastic beverage containers sold
in the State is the same percentage as calculated for that larger region or territory;
and
(2) Document the methodology used to determine those Maine-specific figures
calculated under subparagraph (1) in the report required under subsection 4.
B. The department may form an advisory committee composed of stakeholders to
determine the ability of initiators of deposit and spirits manufacturers to measure and
report the Maine-specific information required under this subsection and to develop
any recommendations for improving the data determination and reporting process. The
department may, as necessary, contract with a qualified 3rd-party entity to assist the
advisory committee in developing recommendations under this paragraph. Any costs
to the department associated with this paragraph may be offset through any fees
collected by the department pursuant to this section.
4. Initiator of deposit and spirits manufacturer reporting; payment of fees;
product removal for noncompliance. On or before April 1, 2024, and annually thereafter,
an initiator of deposit or spirits manufacturer that has in the prior calendar year sold, offered
for sale or distributed for sale in the State a plastic beverage container shall submit a report
to the department identifying, by resin type when applicable, the amount by weight in
pounds of post-consumer recycled plastic, the amount by weight in pounds of plastic that
is not post-consumer recycled plastic and the percentage of post-consumer recycled plastic
in the total weight of all plastic beverage containers the initiator or spirits manufacturer
sold, offered for sale or distributed for sale in the State in that prior calendar year.
A. If the initiator of deposit or spirits manufacturer has determined the data required
to be reported under this subsection using regional or territorial data, the initiator or
spirits manufacturer shall describe in the report the methodology used to determine the
Maine-specific figures.
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B. At the time that an initiator of deposit or spirits manufacturer submits a report
required under this subsection, the initiator or spirits manufacturer shall pay to the
department an annual registration fee and, on or after January 1, 2026, any fee required
by subsection 5. The department shall set the amount of the annual registration fee,
which may not exceed $500 and which must be designed to offset the costs to the
department of administering and overseeing this section. Any fees received by the
department pursuant to this section must be deposited in the Maine Environmental
Protection Fund established in section 351.
An initiator of deposit or spirits manufacturer that in the prior calendar year sold,
offered for sale or distributed for sale in the State less than 10,000 plastic beverage
containers or, in the aggregate, less than 200 pounds of plastic that is not post-consumer
recycled plastic is not required to pay an annual registration fee under this paragraph
but shall otherwise comply with all applicable requirements of this section, including,
but not limited to, submission of the report required under this subsection and payment
of any fee required by subsection 5.
C. The department may conduct audits or take other necessary actions to verify the
accuracy of initiator of deposit or spirits manufacturer data reported under this
subsection.
D. Proprietary information submitted to the department in a report required under this
subsection or submitted to the department as part of an audit or other action taken by
the department under paragraph C that is identified by the submittor as proprietary
information is confidential and must be handled by the department in the same manner
as confidential information is handled under section 1310-B.
E. The department shall make available on its publicly accessible website all reports
submitted under this subsection, except that the department shall redact or remove from
such reports any proprietary information identified pursuant to paragraph D.
F. An initiator of deposit may submit the report required under this subsection using
information provided to the initiator by a manufacturer. An initiator of deposit or a
spirits manufacturer may contract with a 3rd party to submit the report on the initiator's
behalf. The submission of the report required under this subsection by an initiator of
deposit using information provided by a manufacturer or by a 3rd party on an initiator's
or spirits manufacturer's behalf does not relieve the initiator or spirits manufacturer
from complying with the other requirements of this section.
G. Not more than once every 5 years, the department may require initiators of deposit
and spirits manufacturers to fund a 3rd-party verification of accuracy of the information
submitted under this subsection. The 3rd party selected by the department to conduct
such verification must be agreed upon by the initiators of deposit and spirits
manufacturers.
An initiator of deposit or spirits manufacturer may elect to satisfy the requirements of
this paragraph by submitting to the department a 3rd-party verification, or, in the case
of an initiator of deposit, a manufacturer's verification, of the accuracy of substantially
similar information to that required to be reported under this subsection that was
submitted to another state with a post-consumer recycled plastic content requirement
that is substantially similar to the requirements of this section as long as that other state
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is included in the region or territory identified by the initiator or spirits manufacturer
under paragraph A.
H. Except as provided in paragraph I, if an initiator of deposit or spirits manufacturer
fails to submit the report and pay all applicable fees required under this subsection
within 60 days of the reporting deadline, the department may prohibit the initiator or
spirits manufacturer from selling, offering for sale or distributing for sale in the State
any plastic beverage container.
(1) If, pursuant to this paragraph, the department prohibits an initiator of deposit
from selling, offering for sale or distributing for sale in the State any plastic
beverage container, the department shall provide written notification of that
prohibition to any manufacturer whose plastic beverage containers are sold, offered
for sale or distributed for sale in the State by the initiator and to dealers and
distributors in the State. A manufacturer, dealer or distributor that receives such
written notification and, 3 calendar days or more after receipt of the notification,
sells, offers for sale or distributes for sale in the State a plastic beverage container
of the initiator commits a violation of this section.
(2) If, pursuant to this paragraph, the department prohibits a spirits manufacturer
from selling, offering for sale or distributing for sale in the State any plastic
beverage container, the department shall provide written notification of that
prohibition to the Department of Administrative and Financial Services, Bureau of
Alcoholic Beverages and Lottery Operations, which shall ensure that the plastic
beverage containers of the spirits manufacturer are promptly removed from sale in
the State.
(3) An initiator of deposit or spirits manufacturer prohibited by the department
pursuant to this paragraph from selling, offering for sale or distributing for sale in
the State any plastic beverage container that subsequently sells, offers for sale or
distributes for sale in the State a plastic beverage container commits a violation of
this section.
I. Notwithstanding any provision of this section to the contrary, if an initiator of deposit
lacks the information necessary to submit the report required under this subsection by
the reporting deadline and calculate the fee required under subsection 5 due to the
failure of one or more manufacturers whose plastic beverage containers the initiator
sold, offered for sale or distributed for sale in the State during the prior calendar year
to provide such information to the initiator, the department may:
(1) Allow the initiator to submit the required report and calculate and pay the
required fee based only on the manufacturer information available to the initiator
and to thereby be deemed in full compliance with those requirements;
(2) Allow the initiator to sell, offer for sale or distribute for sale in the State any
plastic beverage container of any manufacturer that provided the initiator with the
information necessary to satisfy the reporting requirement and calculate the
required fee but prohibit the initiator from selling, offering for sale or distributing
for sale in the State any plastic beverage container of any manufacturer that failed
to provide such information to the initiator. If the initiator of deposit sells, offers
for sale or distributes for sale in the State a plastic beverage container subject to a
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 prohibition imposed under this subparagraph, the initiator commits a violation of
this section; and
(3) Provide written notification of a prohibition imposed under subparagraph (2)
to manufacturers, dealers and distributors in the same manner as in paragraph H,
subparagraph (1). A manufacturer, dealer or distributor that receives such written
notification and, 3 calendar days or more after receipt of the notification, sells,
offers for sale or distributes for sale in the State a plastic beverage container of an
initiator of deposit subject to a prohibition imposed under subparagraph (2)
commits a violation of this section.
5. Post-consumer recycled plastic content fee. Pursuant to the provisions of this
subsection, an initiator of deposit or spirits manufacturer shall calculate the amount of a
post-consumer recycled plastic content fee and shall remit such amount to the department
pursuant to subsection 4, paragraph B as follows:
A. The initiator of deposit or spirits manufacturer shall add the total amount by weight
in pounds of post-consumer recycled plastic and the total amount by weight in pounds
of plastic that is not post-consumer recycled plastic used by the initiator in all plastic
beverage containers it sold, offered for sale or distributed for sale in the State during
the prior calendar year. The initiator of deposit or spirits manufacturer