§3101. Purpose 1. Legislative findings. The Legislature finds that beverage containers are a major source of nondegradable litter and solid waste in this State and that the collection and disposal of this litter and solid waste constitute a great financial burden for the citizens of this State. [PL 2015, c. 166, §14 (NEW).] 2. […]
§3102. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2015, c. 166, §14 (NEW).] 1. Beverage. “Beverage” means beer, ale or other drink produced by fermenting malt, spirits, wine, hard cider, wine coolers, soda or noncarbonated water and all nonalcoholic carbonated or noncarbonated […]
§3103. Refund value To encourage container reuse and recycling, every beverage container sold or offered for sale to a consumer in this State must have a deposit and refund value. The deposit and refund value are determined according to the provisions of this section. [PL 2015, c. 166, §14 (NEW).] 1. Refillable containers. For […]
§3104. Dealer as distributor Whenever a dealer or group of dealers receives a shipment or consignment of, or in any other manner acquires, beverage containers outside the State for sale to consumers in the State, the dealer or dealers shall comply with this chapter as if they were distributors, as well as dealers. [PL […]
§3105. Labels; stamps; brand names 1. Labels. Except as provided under subsections 2 and 4, the refund value 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 […]
§3106. Application 1. Dealer acceptance. Except as otherwise provided in this section, a dealer operating a retail space of 5,000 square feet or more may not refuse to accept from any consumer or other person not a dealer any empty, unbroken and reasonably clean beverage container or refuse to pay in cash the refund value […]
§3107. Commingling of beverage containers Notwithstanding any other provision of this chapter to the contrary, 2 or more initiators of deposit may enter into a commingling agreement through which some or all of the beverage containers for which the initiators have initiated deposits may be commingled by dealers and operators of redemption centers as provided […]
§3108. Unclaimed deposits The provisions of this section apply only to those beverage containers that are not subject to a commingling agreement pursuant to section 3107. [PL 2015, c. 166, §14 (NEW).] 1. Deposit transaction fund. An initiator of deposit shall maintain a separate account to be known as the initiator’s deposit transaction fund. […]
§3109. Redemption centers 1. Establishment. Redemption centers may be established and operated by any person or municipality, agency or regional association as defined in section 1303-C, subsection 24, subject to the approval of the commissioner, to serve local dealers and consumers, at which consumers may return empty beverage containers as provided under section 3106. […]
§3110. Prohibition on certain types of containers and holders A beverage may not be sold or offered for sale to consumers in this State: [PL 2015, c. 166, §14 (NEW).] 1. Flip tops. In a metal container designed or constructed so that part of the container is detachable for the purpose of opening the […]
§3111. Penalties 1. Civil violation. A violation of this chapter by any person is a civil violation for which a fine of not more than $100 may be adjudged. [PL 2015, c. 166, §14 (NEW).] 2. Separate violations. Each day that a violation under subsection 1 continues or exists constitutes a separate offense. […]
§3112. Exception for beverage containers used on international flights This chapter does not apply to any beverage container sold to an airline and containing a beverage intended for consumption on an aircraft flight in interstate or foreign commerce. [PL 2015, c. 166, §14 (NEW).] SECTION HISTORY PL 2015, c. 166, §14 (NEW).
§3113. Licensing requirements A license issued annually by the department is required before any person may initiate deposits under section 3103, operate a redemption center under section 3109 or act as a contracted agent for the collection of beverage containers under section 3106, subsection 8, paragraph B. [PL 2015, c. 166, §14 (NEW).] 1. […]
§3114. Beverage Container Enforcement Fund 1. Creation. The Beverage Container Enforcement Fund, referred to in this section as “the fund,” is created under the jurisdiction and control of the department. [PL 2015, c. 166, §14 (NEW).] 2. Sources of money. The fund consists of the following: A. Fees for issuance of licenses and […]
§3115. Department administration The department shall administer this chapter and has the authority, following public hearing, to adopt necessary rules to carry it into effect. The department may adopt rules governing redemption centers that receive beverage containers from dealers supplied by distributors other than the distributors servicing the area in which the redemption center is […]
§3116. Denial of redemption center license 1. Denial of application. The department shall notify an applicant denied a license for a redemption center of the reasons for the denial. Written notification must be sent to the mailing address given by the applicant in the application for a redemption center license. [PL 2015, c. 166, […]
§3117. Unlawful possession of beverage containers A person is guilty of a violation of this section if that person possesses more than 48 beverage containers that are not labeled under section 3105. This section does not apply to licensed waste facilities as defined in section 1303‑C, subsection 40. [PL 2015, c. 166, §14 (NEW).] […]
§3118. Glass-breaking games A person, firm, corporation, association or organization may not hold, conduct or operate games of skill, as defined in Title 17, section 1831, subsection 6, that involve the breaking of glass. A violation of this section is a Class E crime. [PL 2015, c. 166, §14 (NEW).] SECTION HISTORY PL 2015, […]
§3119. Reporting requirements This section establishes annual reporting requirements for initiators of deposit and for pick-up agents that are not initiators of deposit. [PL 2019, c. 526, §14 (NEW).] 1. Initiator of deposit annual report. Each initiator of deposit shall report annually by March 1st to the department concerning its deposit transactions in the […]
