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An Act To Exempt Wine Bottles from Maine's Container Redemption System
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 32 MRSA §1862, sub-§1, as amended by PL 2009, c. 110, §1, is further amended to read:
 
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 drinks in liquid form and intended for internal human consumption, except for unflavored rice milk, unflavored soymilk, milk and dairy-derived products.
Sec. 2. 32 MRSA §1863-A, as enacted by PL 1991, c. 819, §3, is amended to read:
§ 1863-A.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.
 
1. Refillable containers.   For refillable beverage containers, except wine and spirits containers, the manufacturer shall determine the deposit and refund value according to the type, kind and size of the beverage container. The deposit and refund value may not be less than 5¢.
 
2. Nonrefillable containers; exclusive distributorships.   For nonrefillable beverage containers, except wine and spirits containers, sold through geographically exclusive distributorships, the distributor shall determine and initiate the deposit and refund value according to the type, kind and size of the beverage container. The deposit and refund value mustmay not be less than 5¢.
 
3. Nonrefillable containers; nonexclusive distributorships.   For nonrefillable beverage containers, except wine and spirits containers, not sold through geographically exclusive distributorships, the deposit and refund value may not be less than 5¢.
 
4. Spirits containers.   For wine and spirits containers of greater than 50 milliliters, the refund value may not be less than 15¢. On January 1, 1993, the department shall issue a finding on the percentages of wine containers and spirits containers returned for deposit. If the department finds the return rate of wine containers was less than 60% during the year ending September 1992, then, on July 1, 1993, the refund value on wine containers may not be less than 25¢. If the department finds the return rate of spirits containers was less than 60% during the year ending September 1992, then, on July 1, 1993, the refund value of spirits containers may not be less than 25¢.
Sec. 3. 32 MRSA §1865, sub-§2, as repealed and replaced by PL 1991, c. 819, §5, is amended to read:
 
2. Brand name.   Refillable glass beverage containers of carbonated beverages, for which the deposit is initiated under section 1863-A, subsection 1, that have a refund value of not less than 5¢ and a brand name permanently marked on the container are not required to comply with subsection 1. The exception provided by this subsection does not apply to glass beverage containers that contain spirits, wine or malt liquor as those terms are defined by Title 28-A, section 2.
Sec. 4. 32 MRSA §1866-D, sub-§3, ¶A, as enacted by PL 2003, c. 499, §8, is amended to read:
 
A.  Beer, ale or other beverage produced by fermenting malt, wine and wine coolers;
 
SUMMARY
This bill exempts wine bottles from the bottle redemption system.