| A. A distributor that initiates the deposit under section |
| 1863-A, subsection 2 or 4 has the obligation to pick up any |
| empty, unbroken and reasonably clean beverage containers of |
| the particular kind, size and brand sold by the distributor |
| from dealers to whom that distributor has sold those |
| beverages and from licensed redemption centers designated to |
| serve those dealers pursuant to an order entered under |
| section 1867. A distributor that, within this State, sells |
| beverages under a particular label exclusively to one |
| dealer, which dealer offers those labeled beverages for sale |
| at retail exclusively at the dealer's establishment, shall |
| pick up any empty, unbroken and reasonably clean beverage |
| containers of the kind, size and brand sold by the |
| distributor to the dealer only from those licensed |
| redemption centers that serve the various establishments of |
| the dealer, under an order entered under section 1867. A |
| dealer that manufactures its own beverages for exclusive |
| sale by that dealer at retail has the obligation of a |
| distributor under this section. The commissioner may |
| establish by rule, in accordance with the Maine |
| Administrative Procedure Act, criteria prescribing the |
| manner in which distributors shall fulfill the obligations |
| imposed by this paragraph. The rules may establish a |
| minimum number or value of containers below which a |
| distributor is not required to respond to a request to pick |
| up empty containers. Any rules promulgated under this |
| paragraph must allocate the burdens associated with the |
| handling, storage and transportation of empty containers to |
| prevent unreasonable financial or other hardship. |
