An Act To Improve the Manufacturing of Plastic Bottles and Bottle Caps
Sec. 1. 38 MRSA §1611 is enacted to read:
§ 1611. Single-use plastic beverage containers and plastic beverage caps
(1) Is composed wholly or in large part of plastic;
(2) Contains one liter or less of a beverage; and
(3) Is intended to be disposed of after one use.
"Single-use plastic beverage container" does not include a container that is composed of nonplastic materials only but includes a plastic beverage cap; a cup or other similar open or loosely sealed container; or a container that is intended by the producer to be reused for the same purpose multiple times.
(1) The ownership of the brand name of a beverage contained in a single-use plastic beverage container;
(2) The primary control or influence over the design of a beverage contained in a single-use plastic beverage container; and
(3) The primary control or influence over the design of a single-use plastic beverage container in which a beverage is contained.
This bill prohibits, beginning January 1, 2020, a manufacturer from selling, offering for sale or distributing for sale in the State a single-use plastic beverage container unless the container is composed of at least 15% postconsumer recycled plastic. Beginning January 1, 2022, this threshold for the percentage of postconsumer recycled plastic in single-use plastic beverage containers increases to 20% and, beginning January 1, 2024, the threshold increases to 25%.
The bill also prohibits, beginning January 1, 2020, a manufacturer from selling, offering for sale or distributing for sale in the State a single-use plastic beverage container with a plastic beverage cap unless the cap is composed of the same plastic as the beverage container and the cap is tethered to the container in a manner that prevents the separation of the cap from the container when the cap is removed or the cap includes an opening from which the beverage can be consumed while the cap remains screwed onto or otherwise affixed to the container.