38 M.R.S. § 1615 Plastic Beverage Containers

• Library: Maine Revised Statutes
• Edition: 2023
• Currency: Current through 131st (2023-2024) Legislature Chapter 486
• Year: 2023
• Citation: 38 M.R.S. § 1615

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.

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.

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: