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131st MAINE LEGISLATURE
FIRST SPECIAL SESSION-2023
Legislative Document No. 1645H.P. 1055House of Representatives, April 12, 2023
An Act to Reduce Plastic Packaging Waste
Reference to the Committee on Environment and Natural Resources suggested and ordered
printed.
ROBERT B. HUNT
Clerk
Presented by Representative GRAMLICH of Old Orchard Beach.
Cosponsored by Senator BENNETT of Oxford and
Representatives: CARLOW of Buxton, DOUDERA of Camden, HOBBS of Wells, JAUCH of
Topsham, MILLIKEN of Blue Hill, Speaker TALBOT ROSS of Portland, Senators: BLACK
of Franklin, INGWERSEN of York. Page 1 - 131LR1202(01)
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2 is enacted to read:
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4 As used in this section, unless the context otherwise indicates, the
5 following terms have the following meanings.
6 A. "Chemical of concern" has the same meaning as in section 1691, subsection 2-A.
7 B. "Compostable" means, with respect to packaging, able to undergo degradation by
8 biological processes during composting to yield carbon dioxide, water, inorganic
9 compounds and biomass at a rate consistent with other materials that undergo
10 degradation by biological processes and leave no visible, distinguishable or toxic
11 residue, including no adverse impact on the ability of compost to support plant growth
12 once the compost is placed in soil.
13 C. "Manufacturer" means the person that manufactures a product or whose brand name
14 is affixed to the product. In the case of a product imported into the United States,
15 "manufacturer" includes the importer or first domestic distributor of the product if the
16 person that manufactured or assembled the product or whose brand name is affixed to
17 the product does not have a presence in the United States.
18 D. "Nondetectable pigment" means a pigment added to plastic packaging, including,
19 but not limited to, carbon black pigment, that cannot be detected by sorting equipment
20 commonly used in recycling facilities.
21 E. "Packaging" means a discrete type of material, or a category of material that
22 includes multiple discrete types of material with similar management requirements and
23 similar commodity values, used for the containment, protection, delivery, presentation
24 or distribution of a product, including a product sold over the Internet, at the time that
25 the product leaves a point of sale with or is received by the consumer of the product.
26 F. "Plastic" means an organic or petroleum derivative synthetic or a semisynthetic
27 organic solid that is moldable and to which additives or other substances may have
28 been added. "Plastic" does not include natural polymers that have not been chemically
29 modified.
30 G. "Plastic packaging" means packaging that is composed wholly or in large part of
31 plastic but does not include:
32 (1) A disposable food service container as defined in section 1571, subsection 3
33 or 3-A; or
34 (2) A polystyrene foam cooler or ice chest used for the processing or shipping of
35 seafood.
36 H. "Product" means an item manufactured, assembled, packaged or otherwise prepared
37 for sale to consumers and sold or distributed for personal, residential, commercial or
38 industrial use, including for use in making other products.
39 I. "Prohibited plastic packaging" means:
40 (1) Plastic packaging that contains nondetectable pigments; Page 2 - 131LR1202(01)
1 (2) Plastic bottles that are composed wholly or partially of polyethylene
2 terephthalate and are opaque or are pigmented a color other than transparent blue
3 or transparent green;
4 (3) Plastic packaging that is rigid and is composed wholly or partially of
5 polyethylene terephthalate glycol;
6 (4) Plastic packaging that is composed wholly or partially of polystyrene,
7 including expanded polystyrene;
8 (5) Plastic packaging that is composed wholly or partially of polyvinyl chloride,
9 including polyvinylidene chloride;
10 (6) Plastic packaging that is composed wholly or partially of polyethylene
11 terephthalate and is manufactured using antimony or cobalt as a processing aid or
12 additive; and
13 (7) Any other type of prohibited plastic packaging designated by the department
14 by rule pursuant to subsection 2.
15 J. "Recyclable" means, with respect to packaging, able to be transformed or
16 remanufactured into usable or marketable materials through means other than landfill
17 disposal, incineration or energy recovery or energy generation through combustion.
18 K. "Reusable" means, with respect to packaging, able to be used by a person other than
19 the original consumer in the same manner and purpose for which the packaging was
20 originally produced.
21 The department may adopt
22 rules designating additional types of prohibited plastic packaging upon a finding that the
23 plastic packaging type is not readily reusable, recyclable or compostable in the State and:
24 A. Contains a chemical of concern or other chemical that can reasonably be expected
25 to create hazardous human health conditions during its manufacturing, recycling or
26 composting or to adversely affect human health or the environment;
27 B. Is unnecessary for the containment, protection, delivery, presentation or distribution
28 of the product it packages or can be replaced with a reusable alternative;
29 C. Can reasonably be expected to hinder or disrupt commercial recycling or
30 composting systems due to its format, composition or size; or
31 D. Has a high likelihood of entering the natural environment, whether as litter or
32 otherwise.
33 A rule adopted under this section must specify an effective date for the rule that is at least
34 one year after the final adoption of the rule.
35 Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5,
36 chapter 375, subchapter 2-A.
37 Beginning January 1, 2025, a person may not sell, offer for sale or
38 distribute for sale in the State a product contained, protected, delivered, presented or
39 distributed in or using prohibited plastic packaging.
40 If the department has reason to believe that a product
41 is being sold, offered for sale or distributed for sale in the State contained, protected, Page 3 - 131LR1202(01)
42 delivered, presented or distributed in or using prohibited plastic packaging in violation of
43 subsection 3, the department may direct the manufacturer or distributor of the product to,
44 within 30 days:
4 A. Provide the department with a certificate attesting that the product is not contained,
5 protected, delivered, presented or distributed in or using prohibited plastic packaging;
6 or
7 B. Notify persons that sell that product in this State that the sale of that product is
8 prohibited in this State and provide the department with a list of the names and
9 addresses of those notified.
10 The department shall
11 implement, administer and enforce this section.
12 A. The department may adopt rules as necessary for the implementation,
13 administration and enforcement of this section. Rules adopted pursuant to this
14 paragraph are major substantive rules as defined in Title 5, chapter 375, subchapter
15 2-A.
16 B. On or before January 15, 2027, and biennially thereafter, the department shall
17 submit a report to the joint standing committee of the Legislature having jurisdiction
18 over environment and natural resources matters regarding the reduction of plastic
19 packaging under this section. The report may include, but is not limited to,
20 identification of additional types of plastic packaging that can reasonably be expected
21 to hinder or disrupt commercial recycling or composting systems or that contain known
22 or likely chemicals of concern and recommendations for measures to further reduce
23 plastic packaging under this section. After reviewing the report, the committee may
24 report out legislation related to the report.
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26 This bill provides that, beginning January 1, 2025, a person may not sell, offer for sale
27 or distribute for sale in the State a product contained, protected, delivered, presented or
28 distributed in or using prohibited plastic packaging.
29 "Prohibited plastic packaging" is defined in the bill to include plastic packaging that
30 contains nondetectable pigments; plastic bottles that are composed wholly or partially of
31 polyethylene terephthalate and are opaque or are pigmented a color other than transparent
32 blue or transparent green; plastic packaging that is rigid and is composed wholly or partially
33 of polyethylene terephthalate glycol; plastic packaging that is composed wholly or partially
34 of polystyrene, including expanded polystyrene; plastic packaging that is composed wholly
35 or partially of polyvinyl chloride, including polyvinylidene chloride; plastic packaging that
36 is composed wholly or partially of polyethylene terephthalate and is manufactured using
37 antimony or cobalt as a processing aid or additive. The Department of Environmental
38 Protection may adopt major substantive rules to designate additional types of prohibited
39 plastic packaging based on the plastic packaging satisfying statutorily specified criteria for
40 prohibition.
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