EPR – Maine

Maine passed legislation (HB 1146a), effective July 2021, establishing an Extended Producer Responsibility (EPR) program, which aims to reduce the level of packaging waste by adding the environmental costs associated with a product throughout its lifecycle to the market price of that product.

The Department of Environmental Protection (DEP) is responsible for overseeing the EPR program and a Stakeholder Group which reports to DEP has been put into place.

DEP is in the process of developing rules outlining details of the new program.  Wine Institute is participating in the rulemaking process and will update this page as new information becomes available

Resources:

• EPR for Packaging Law: Title 38, §2146: Stewardship program for packaging
• PCRC Law: Title 38, §1615: Plastic beverage containers
• DEP Rulemaking Materials

• The original law (HB 1146a is effective July 2021.
• Submittal of major/substantive rules to the legislature is expected in January 2025
• Final adoption of the rules will be late Spring/Summer 2025
• The DEP will issue an RFP for selection of a stewardship organization in the Fall of 2025
• DEP will select an organization to lead EPR in the State by 2026
• Producer payments are due no more than 180 days after the effective date of the Stewardship Organization contract – expected in the 2nd half of 2026
• Full Operation of an EPR Program intended for 2027

Date to Join PPO:

• Expected in 2026 – statute states that it must be no more than 180 days after the effective date of the Stewardship Organization contract – this would include registration as well as the first producer payments

Date for annual registration:

• Not specified in legislation. To be set by regulation

Dates covered materials can no longer be sold if producer not in a PRO:

• One calendar year following the effective date of the Stewardship Organization contract (expected 2nd half of 2026).

Statute Definition (MRS Title 38 §2146(1)(0)):

“Producer” means a person that:

(1) 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

(2) Is the sole entity that 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.

Proposed Regulation Definition:

“Producer” means a person that:

(1) 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;

(2) Is the sole entity that 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 branded by a person that meets the requirements of Section 2(VW)(1) and has no physical presence in the United States; or

(3) Adds packaging material to another producer’s product for distribution directly to a consumer. This person is only the producer for the packaging material it adds. Producer includes a low-volume producer, as defined in 38 M.R.S. § 2146(1)(G), 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 of 1986, Section 501(c)(3).

Statute Definition (MRS Title 38 §2146(1)(I)):

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

(1) 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;

(2) A beverage container, as defined in section 3102, subsection 2, subject to the requirements of chapter 33;

(3) A container for architectural paint, as defined in section 2144, subsection 1, paragraph A, as long as a paint stewardship program is in operation, has been approved by the department pursuant to section 2144 and the stewardship organization operating that program:

(a) Has demonstrated to the department’s satisfaction that it recycles at least 90% of the containers of architectural paint collected under the program; or
(b) Subject to the approval of the department, if unable to satisfy the requirements of division (a), has demonstrated to the department’s satisfaction that it recycles at least 80% of the containers of architectural paint collected under the program; or

(4) Excluded from the definition of “packaging material” by the department by rule adopted pursuant to subsection 13, paragraph D.

Proposed Regulation Definition:

Base Material. “Base material” means, with regard to packaging material, the primary material or the primary material that is targeted for recycling, as designated by the Department in accordance with Section 4(B). Base materials are glass, metal, paper, plastic by resin type, and cork/wood composite.

How will the PRO determine fees to members?

• 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 under subsection 12 based on the net amount, whether by weight or volume, of each type of packaging material sold, offered for sale or distributed for sale in or into the State by the producer and not managed by the producer under an approved alternative collection program. The department shall adopt rules setting forth the manner in which such payments must be calculated for packaging material that is readily recyclable and packaging material that is not readily recyclable, which must be designed to incentivize the use by producers of packaging material that is readily recyclable and disincentivize the use by producers of packaging material that is not readily recyclable.

Proposed Regulation Definition:

Calculation of the Per Ton Cost by Alternative Management Stream or Commodity.

Expressed as a formula, for an alternative management stream or commodity, cost/ton = specific cost/ton + nonspecific cost/ton + shared transportation cost/ton + contractor cost/ton + profit and overhead paid/ton – revenue/ton Sections 7(A) through (EF) below should be calculated with respect to a participating municipality’s reimbursable costs, as defined in Section 6. In cases where an agreement between a participating municipality and its contractor or between a contractor and a subcontractor is for the management of a mixed packaging stream, more than one packaging stream, or includes additional services,

Sections 7(A) through (EF) below must be calculated for the contractor or subcontractor in order to assign the contractor cost/ton to an alternative management stream or commodity.

A. Specific Cost Per Ton. The specific cost per ton is the sum of the labor, equipment, structure, and energy costs that are associated with a specific single alternative management stream or commodity divided by the tons managed.

The costs realized by a contractor, the costs associated with the simultaneous management of more than one packaging stream, and the costs associated with a mixed packaging stream are not accounted for in the specific cost per ton.

Expressed as a formula, specific cost/ton = (labor cost + equipment cost + structure cost + energy cost)/tons managed, where

(1) The labor, equipment, structure, and energy costs are calculated according to Section 6. The percent time and the percent use are measured with respect to management activities that are specific to an alternative management stream or commodity, such as management activities that are devoted solely to the management of a single alternative management stream or commodity.

(2) The tons managed are the tons of a commodity sent to a market or the tons of an alternative management stream sent for alternative management, as determined in accordance with Section 176.

Are dates established as to when fees must be paid?

• 180 Days after the Stewardship Organization Contract is signed.

Is there a bottle deposit law exemption in the EPR law? 

• Yes – only paper packaging is required to be included in EPR

Does Maine currently have a bottle deposit law?

• Yes

Are wine containers currently included in the bottle deposit law? 

• Yes

What types of wine containers are currently included in the bottle deposit law?

• All beverages are included except dairy products, unprocessed cider, and Maine-produced apple cider and blueberry juice. Products sold in Paper or Cardboard containers are exempt from the law.

Resources: 

• Maine Bottle Bill compliance web page 

Is there a small producer exemption?

• Yes

Small Producer Exemptions:

• Producers with less than $2,000,000 in gross annual revenue are exempt;
• producers whose Maine sales were packaged in less than 1 ton of packaging are exempt;
• producers that realized more than 50% of their total gross revenue from the sale of goods acquired through insurance salvages, closeouts, bankruptcies, and liquidations are exempt; and
• producers of perishable food selling products with less than 15 tons of total packaging material are exempt.

Packaging Material 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:

(1) 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;

(2) A beverage container, as defined in section 3102, subsection 2, subject to the requirements of chapter 33;

(3) A container for architectural paint, as defined in section 2144, subsection 1, paragraph A, as long as a paint stewardship program is in operation, has been approved by the department pursuant to section 2144 and the stewardship organization operating that program:

(a) Has demonstrated to the department’s satisfaction that it recycles at least 90% of the containers of architectural paint collected under the program; or

(b) Subject to the approval of the department, if unable to satisfy the requirements of division (a), has demonstrated to the department’s satisfaction that it recycles at least 80% of the containers of architectural paint collected under the program; or

(4) Excluded from the definition of “packaging material” by the department by rule adopted pursuant to subsection 13, paragraph D.

Will a Needs Assessment be conducted?

• A needs Assessment is not included in the statute or proposed regulations.

Are there Post Consumer Recycled Content (PCRC) requirements in law?

• PCRC is not included in the EPR law. There is another separate statute governing PCRC which is set to begin in January 2026.

What are the dates and percentages when the PCRC reductions take effect?

• January 1, 2026 a container must have 25% recycled content. Bag in box wine containers are exempt from the requirement.

Are there reusability requirements in the law?

• No

Are there packaging reduction requirements in the law?

• Yes

What are the dates packaging reduction requirements take effect?

• January 1, 2026 25% PCRC
• January 1, 2031 30% PCRC

Are Large Producer Life Cycle Assessments required?

• No

Penalties:

• Penalties have yet to be included in the proposed regulations, but there is still time for them to be added.

Are any materials completely banned from use under the law?

• No