PLASTICS POLICY NAVIGATOR

Maine

Components

Stewardship program, educational program, producer responsibility organization and dues.

Compliance Dates

  • May 1, 2022, and consistent with applicable competitive bidding requirements under state purchasing laws, the department shall issue a request for proposals for the operation of the packaging stewardship program by a packaging stewardship organization.
  • Beginning one calendar year following the effective date of the contract entered into by the department and the stewardship organization pursuant to subsection 3: (1) A producer may not sell, offer for sale or distribute for sale in or into the State a product contained, protected, delivered, presented or distributed in or using packaging material for which the producer has not complied with all applicable requirements of this section; and (2) A retailer may not sell, offer for sale or distribute for sale in or into the State a product contained, protected, delivered, presented or distributed in or using packaging material if, based on the information made available by the department pursuant to paragraph C, the product is contained, protected, delivered, presented or distributed in or using packaging material for which its producer has not complied with all applicable requirements of this section.
  • Annual reporting by stewardship organization.Beginning one calendar year following the effective date of the contract entered into by the department and the stewardship organization pursuant to subsection 3, and annually thereafter, the stewardship organization shall make a report to the department and make available it publicly accessible.
  • Producer payments- In accordance with the provisions of this subsection and the rules adopted by the department, no later than 180 days after the effective date of the contract entered into by the department and the stewardship organization pursuant to subsection 3, and annually thereafter, a producer shall make payments to the stewardship organization to be deposited into the packaging stewardship fund.

Compliance Concerns

  • Covers all packaging material.
  • Funds are immediately forfeited and support waste diversion, reuse, or recycling programs.
  • Audits of recyclable material processed and sold.

Penalty/Fines

Not specified in the statute. Maine’s general environmental law penalty would likely apply. A minimum of $100 and not more than $10,000 for each day of violation.

An Act to Support and Improve Municipal Recycling Programs to Save Taxpayer Money

LD 1541

Date of Enactment: 7/2/2021

View Bill

Products Covered

“Packaging material” means a discrete type of material, or a category of material that includes multiple discrete types of material with similar management requirements and similar commodity values, used for the containment, protection, delivery, presentation or distribution of a product, including a product sold over the Internet, at the time that the product leaves a point of sale with or is received by the consumer of the product. 

Product Exemptions

“Packaging material” does not include a discrete type of material, or a category of material that includes multiple discrete types of material, that is: 

  • Intended to be used for the long-term storage or protection of a durable product and that can be expected to be usable for that purpose for a period of at least 5 years; 
  • A beverage container, as defined in section 3102, subsection 2, subject to the requirements of chapter 33; or 
  • A container for architectural paint, as defined in section 2144, subsection 1, paragraph A, that is collected through a paint stewardship program that is in operation and that has been approved by the department pursuant to section 2144.

Producer Definition

“Producer” means a person that: 

  • Has legal ownership of the brand of a product sold, offered for sale or distributed for sale in or into the State contained, protected, delivered, presented or distributed in or using packaging material; or
  • Imports into the State for sale, offer for sale or distribution for sale in or into the State a product contained, protected, delivered, presented or distributed in or using packaging material that is branded by a person that meets the requirements of subparagraph (1) and has no physical presence in the United States. “Producer” includes a low-volume producer and a franchisor of a franchise located in the State, but does not include the franchisee operating that franchise. “Producer” does not include a nonprofit organization exempt from taxation under the United States Internal Revenue Code, Section 501(c)(3).

Producer Exclusions

Notwithstanding any provision of this section to the contrary, a producer is exempt from the requirements and prohibitions of this section in any calendar year in which:

  • The producer realized less than $2,000,000 in total gross revenue during the prior calendar year;
  • The producer sold, offered for sale or distributed for sale in or into the State during the prior calendar year products contained, protected, delivered, presented or distributed in or using less than one ton of packaging material in total; or
  • The producer realized more than 50% of its total gross revenue in the prior calendar year from the sale of goods it acquired through insurance salvages, closeouts, bankruptcies and liquidations.

A producer claiming an exemption under this subsection shall provide to the department sufficient information to demonstrate that the producer meets the requirements for an exemption under this subsection within 30 days of receiving a request from the department to provide such information.

Recycling Definition

“Recycling” means the transforming or remanufacturing of an unwanted product or the unwanted product’s components and by-products into usable or marketable materials. “Recycling” does not include landfill disposal, incineration or energy recovery or energy generation by means of combusting unwanted products, components and by-products with or without other waste.

The information contained herein may or may not be applicable to your specific operation and users must determine for themselves the applicability or suitability of the information contained herein for their intended purpose prior to use. The information contained herein is for reference only, and should not be considered advice or legal advice, and does not take into account the specifics of your organization’s activities. This manual is not intended to describe specific performance standards or minimum standards for compliance. Compliance with state and local regulations is mandatory. These guidelines may help by serving as a reference for some, but not all compliance requirements. PLASTICS does not make any warranty or representation either express or implied, with respect to the accuracy, currency, or completeness of the information contained in this document, nor does PLASTICS assume any liability of any kind resulting from the use or reliance upon any data contained in this document. Compliance with applicable laws and regulations remains the full responsibility of the parties to which the law or regulation applies. This manual is for informational purposes only and is not intended to be legal or compliance advice. We strongly recommend that you seek separate counsel to validate the accuracy, currency, and applicability of, and for guidance as to the appropriate use of, the data in the report with respect to your organization’s own conditions, activities, and operations.