An Act To Promote Recycling Program Integration and Efficiencies
Sec. 1. 17 MRSA §1841, sub-§3, as enacted by PL 2009, c. 487, Pt. A, §2, is amended to read:
Sec. 2. 28-A MRSA §705, sub-§1-D, as enacted by PL 2003, c. 349, §2, is amended to read:
Sec. 3. 28-A MRSA §1355-A, sub-§2, ¶G, as enacted by PL 2011, c. 629, §22, is amended to read:
Sec. 4. 28-A MRSA §1355-A, sub-§3, ¶C, as enacted by PL 2011, c. 629, §22, is amended to read:
(1) Only malt liquor brewed at the brewery where the on-premises establishment is licensed may be sold at the on-premises establishment.
(2) Malt liquor must be dispensed in bottles provided by and with labels unique to the brewery of 32 to 64 ounces in volume.
(3) No more than 6 bottles may be prefilled at any one time.
(4) A deposit may be charged per bottle. Bottles sold under this paragraph are not subject to Title 32 38, chapter 28 33.
(5) The bottle in which the malt liquor is dispensed must be sealed by the licensee with a seal that is tamper-evident.
(6) Malt liquor dispensed in accordance with this paragraph must be consumed off the premises.
(7) All sales of malt liquor from the on-premises establishment for off-premises consumption must be accompanied by a sales receipt with a time stamp that indicates time of purchase.
(8) Sale of malt liquor from the on-premises establishment for off-premises consumption may not be made after 10:00 p.m.
The bureau may adopt rules to enforce this paragraph. Rules adopted in accordance with this paragraph are routine technical rules in accordance with Title 5, chapter 375, subchapter 2-A.
Sec. 5. 28-A MRSA §1403-A, sub-§15, as enacted by PL 2009, c. 373, §1, is amended to read:
Sec. 6. 28-A MRSA §1651, sub-§1, ¶C, as amended by PL 1993, c. 615, §5, is further amended to read:
Sec. 7. 28-A MRSA §2075, sub-§2-A, as amended by PL 2003, c. 452, Pt. P, §6 and affected by Pt. X, §2, is further amended to read:
Sec. 8. 28-A MRSA §2077, sub-§2-A, as amended by PL 2003, c. 452, Pt. P, §7 and affected by Pt. X, §2, is further amended to read:
Sec. 9. 30-A MRSA §3771, sub-§1, as enacted by PL 2007, c. 549, §1, is amended to read:
Sec. 10. 32 MRSA c. 28, as amended, is repealed.
Sec. 11. 36 MRSA §112, sub-§8, ¶E, as enacted by PL 2011, c. 548, §10, is amended to read:
Sec. 12. 36 MRSA §191, sub-§2, ¶QQ, as corrected by RR 2011, c. 1, §49 and amended by PL 2011, c. 380, Pt. Q, §2 and affected by §7 and amended by c. 439, §6 and affected by §12 and amended by c. 657, Pt. W, §5, is further amended to read:
Sec. 13. 36 MRSA §1760, sub-§93, as enacted by PL 2011, c. 380, Pt. FFFF, §1 and affected by §2, is amended to read:
Sec. 14. 38 MRSA c. 33 is enacted to read:
MANUFACTURERS, DISTRIBUTORS AND DEALERS OF BEVERAGE CONTAINERS
§ 3101. Purpose
§ 3102. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
(1) Fruit juices;
(2) Fruit adjuncts;
(3) Artificial or natural flavors or flavorings;
(5) Coloring; or
(6) Any other natural or artificial blending material.
§ 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.
§ 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.
§ 3105. Labels; stamps; brand names
§ 3106. Application
The obligation of the initiator of the deposit under this subsection may be fulfilled by the initiator directly or through a party with which it has entered into a commingling agreement. A contracted agent hired to pick up beverage containers for one or more initiators of deposit is deemed to have made a pickup at a redemption center for those initiators of deposit when it picks up beverage containers belonging to those initiators of deposit.
(1) All of the containers were collected at one location in this State;
(2) All proceeds of the refund value benefit a nonprofit organization that has been determined by the United States Internal Revenue Service to be exempt from taxation under the United States Internal Revenue Code of 1986, Section 501(c)(3); and
(3) The person tendering the containers for redemption signs a declaration indicating the person’s name, the address of the collection point and the name of the organization or organizations that will receive 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 in this section.
An initiator of deposit that enters into a commingling agreement pursuant to this section shall permit any other initiator of deposit to become a party to that agreement on the same terms and conditions as the original agreement.
§ 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.
Income on the fund may be transferred from the fund for use as funds of the initiator.
§ 3109. Redemption centers
§ 3110. Prohibition on certain types of containers and holders
A beverage may not be sold or offered for sale to consumers in this State:
§ 3111. Penalties
§ 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.
§ 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.
For a municipality with a population of no more than 5,000, the department may license redemption centers in accordance with rules adopted by the department. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
§ 3114. Beverage Container Enforcement Fund
§ 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 local redemption centers that receive beverage containers from dealers supplied by distributors other than the distributors servicing the area in which the local redemption center is located in order to prevent the distributors servicing the area within which the redemption center is located from being unfairly penalized. In addition to other actions required by this chapter, department responsibilities include the following.
§ 3116. Denial of redemption center license
§ 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.
The department may require reporting of the numbers of beverage containers imported into and exported from the State under the terms of this subsection.
§ 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.
Sec. 15. Transition. The following provisions govern the transfer of the administration of the provisions regarding returnable beverage containers under the Maine Revised Statutes, Title 32, chapter 28 from the Department of Agriculture, Conservation and Forestry to the Department of Environmental Protection.
1. The Department of Environmental Protection is the successor in every way to the powers, duties and functions of the Department of Agriculture, Conservation and Forestry under Title 32, chapter 28. The department may enter into a memorandum of understanding to foster the administration of this program.
2. All existing rules, regulations and procedures in effect, in operation or adopted by the Department of Agriculture, Conservation and Forestry or any of its administrative units or officers pursuant to Title 32, chapter 28 are hereby declared in effect and continue in effect until rescinded, revised or amended by the proper authority. All rules, regulations and procedures administered pursuant to Title 32, chapter 28 are administered by the Department of Environmental Protection.
3. All existing contracts, agreements and compacts in effect under the authority of the Department of Agriculture, Conservation and Forestry under Title 32, chapter 28 continue in effect.
4. All records, property and equipment belonging to or allocated for the use of the Department of Agriculture, Conservation and Forestry for the purposes of Title 32, chapter 28 become, on the effective date of this Act, part of the property of the Department of Environment Protection.
5. All existing forms, licenses, letterheads and similar items bearing the name of or referring to the Department of Agriculture, Conservation and Forestry used for the purposes of Title 32, chapter 28 may be used by the Department of Environment Protection until existing supplies of those items are exhausted.