1.  Dealer acceptance.  Except as otherwise provided in this section, a dealer operating a retail space of 5,000 square feet or more may not refuse to accept from any consumer or other person not a dealer any empty, unbroken and reasonably clean beverage container or refuse to pay in cash the refund value of the returned beverage container as established by section 3103 unless the dealer has a written agreement with a redemption center to provide redemption services on behalf of the dealer and that redemption center:  

2.  Permissive refusal by dealer. 

3.  Limitation on number of returnables accepted.  A dealer may limit the total number of beverage containers that the dealer will accept from any one consumer or other person in any one business day to 240, or any other number greater than 240, containers.  

4.  Limitation on hours for returning containers.  A dealer may refuse to accept beverage containers during no more than 3 hours in any one business day. If a dealer refuses to accept containers under this subsection, the hours during which the dealer will not accept containers must be conspicuously posted.  

5.  Acceptance by commingling group.  A commingling group or its agent may not refuse to accept from any dealer or redemption center any empty, unbroken and reasonably clean beverage container, whether refillable or nonrefillable, or any beverage container that has been processed through an approved reverse vending machine or account-based bulk processing program that meets the requirements of rules adopted by the department pursuant to this chapter of the kind, size and brand sold by the members of the commingling group or refuse to pay to the dealer or redemption center the refund value of a beverage container as established by section 3103.  

5-A.  (REPEALED) Cost apportionment; waiver process. 

6.  Obligation to preserve container value.  Notwithstanding subsection 8‑A, a commingling group or its agent may refuse to accept, or pay the refund value and handling costs to a dealer, redemption center or other person for, a beverage container that has been processed by a reverse vending machine or account-based bulk processing program in a way that has, for a nonrefillable beverage container, reduced the recycling value of the container below current market value or, for a refillable beverage container, has damaged the container in a manner that prevents its reuse. This subsection may not be interpreted to prohibit a written processing agreement between a commingling group and a dealer or redemption center and does not relieve a commingling group of its obligation under subsection 8‑A to accept empty, unbroken and reasonably clean beverage containers. Beginning July 15, 2026, the cooperative, on behalf of its member commingling groups, shall negotiate agreements with dealers and redemption centers regarding processing payments for each beverage container material type. The department shall adopt rules to establish the recycling value of beverage containers under this subsection and the rules may authorize the use of a 3rd-party vendor to determine if a beverage container has been processed by a reverse vending machine or account-based bulk processing program in a manner that, for a nonrefillable beverage container, has reduced the recycling value below current market value or, for a refillable beverage container, has damaged the container in a manner that prevents its reuse. The rules must outline the method of allocating among the parties involved the payment for 3rd-party vendor costs.  

7.  Reimbursement of handling costs.  Reimbursement of handling costs is governed by this subsection.  

8.  Obligation to pick up and recycle containers. 

8-A.  Obligation to pick up and recycle containers.  In accordance with the requirements of this subsection and the rules adopted pursuant to this subsection, a designated pick-up entity has the obligation to ensure the timely pickup and recycling of all empty, unbroken and reasonably clean beverage containers subject to the requirements of this chapter from dealers and redemption centers, including from any locations where an account-based bulk processing program is in operation. As used in this subsection, "designated pick-up entity" means, until the cooperative implements a department-approved program plan pursuant to section 3107, subsection 3‑B, paragraph C or for any period of time in which a department-approved program plan is not implemented, a commingling group or its pick-up agent or, for any period of time in which a department-approved program plan is implemented, the cooperative or its pick-up agent or agents.  

9.  Plastic bags.  Plastic bags used by a dealer or redemption center and the cost allocation of these bags must conform to rules adopted by the department concerning size and gauge. Beginning July 15, 2025, the cooperative shall provide to the dealer or redemption center the plastic bags to be used by the dealer or redemption center to contain redeemed beverage containers or, within 6 weeks of receipt of a request for reimbursement from the dealer or redemption center for the cost of such plastic bags used by the dealer or redemption center, reimburse the dealer or redemption center for those requested costs.  

10.  Application to containers originally sold in the State.  The obligations to accept or take empty beverage containers and to pay the refund value and handling fees for such containers as described in subsections 1, 5, 7 and 8 apply only to containers originally sold in this State as filled beverage containers. A person who tenders to a dealer, distributor, redemption center or bottler more than 48 empty beverage containers that the person knows or has reason to know were not originally sold in this State as filled beverage containers is subject to the enforcement action and civil penalties set forth in this subsection. At each location where consumers tender containers for redemption, dealers and redemption centers must conspicuously display a sign in letters that are at least one inch in height with the following information: "WARNING: Persons tendering containers for redemption that were not originally purchased in this State may be subject to a fine of the greater of $100 per container or $25,000 for each tender. (38 MRSA Section 3106)." A person who violates the provisions of this subsection is subject to a civil penalty of the greater of $100 for each container or $25,000 for each tender of containers.  

11.  License revocation.  The department may revoke the license of a dealer or redemption center that has been adjudged to have committed a violation of this section.  

12.  Bulk redemption.  In order to prevent fraud from the redemption of beverage containers not originally sold in this State, this subsection governs the redemption of more than 2,500 beverage containers.  

13.  Private right of action; containers not originally sold in the State.  An initiator of deposit may maintain a civil action in Superior Court against a person, other than a redemption center licensed in accordance with section 3113, that tenders to a redemption center or retailer more than 48 empty beverage containers that the person knows or has reason to know were not originally sold in this State as filled beverage containers. If the initiator of deposit prevails in any action, the initiator of deposit is entitled to an award of reasonable attorney's fees and court costs, including expert witness fees.