US Lawyer Database

38 §3114. Beverage Container Enforcement Fund

§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 […]

38 §3101. Purpose

§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.  […]

38 §3102. Definitions

§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 […]

38 §3103. Refund value

§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 […]

38 §3104. Dealer as distributor

§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 […]

38 §3105. Labels; stamps; brand names

§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 […]

38 §3106. Application

§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 […]

38 §3107. Commingling of beverage containers

§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 […]

38 §3108. Unclaimed deposits

§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. […]