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containers that are of like product group, size and material as the beverage containers
for which the State is the initiator of deposit.
D. Paragraphs A, B and C do not apply to a brewer who annually produces no more
than 50,000 gallons of its product or a bottler of water who annually sells no more
than 250,000 containers each containing no more than one gallon of its product. In
addition to the payment of the refund value, an initiator of deposit under section
3103, subsections 1 to 4 who is also a brewer who annually produces no more than
50,000 gallons of its product or a bottler of water who annually sells no more than
250,000 containers each containing no more than one gallon of its product shall
reimburse the dealer or local redemption center for the cost of handling beverage
containers subject to section 3103 in an amount that equals at least 3¢ per returned
container.
8. Obligation to pick up containers. The obligation to pick up beverage containers
subject to this chapter is determined as follows.
A. A distributor that initiates the deposit under section 3103, subsection 2 or 4 has
the obligation to pick up any empty, unbroken and reasonably clean beverage
containers of the particular kind, size and brand sold by the distributor from dealers to
whom that distributor has sold those beverages and from licensed redemption centers
designated to serve those dealers pursuant to an order entered under section 3109. A
distributor that, within this State, sells beverages under a particular label exclusively
to one dealer, which dealer offers those labeled beverages for sale at retail
exclusively at the dealer's establishment, shall pick up any empty, unbroken and
reasonably clean beverage containers of the kind, size and brand sold by the
distributor to the dealer only from those licensed redemption centers that serve the
various establishments of the dealer, under an order entered under section 3109. A
dealer that manufactures its own beverages for exclusive sale by that dealer at retail
has the obligation of a distributor under this section. The commissioner may
establish by rule, in accordance with the Maine Administrative Procedure Act,
criteria prescribing the manner in which distributors shall fulfill the obligations
imposed by this paragraph. The rules may establish a minimum number or value of
containers below which a distributor is not required to respond to a request to pick up
empty containers. Any rules adopted under this paragraph must allocate the burdens
associated with the handling, storage and transportation of empty containers to
prevent unreasonable financial or other hardship.
B. The initiator of the deposit under section 3103, subsection 3 has the obligation to
pick up any empty, unbroken and reasonably clean beverage containers of the
particular kind, size and brand sold by the initiator from dealers to whom a distributor
has sold those beverages and from licensed redemption centers designated to serve
those dealers pursuant to an order entered under section 3109. The obligation may be
fulfilled by the initiator directly or indirectly through a contracted agent.
C. An initiator of the deposit under section 3103, subsection 2, 3 or 4 has the
obligation to pick up any empty, unbroken and reasonably clean beverage containers
that are commingled pursuant to a commingling agreement along with any beverage
containers that the initiator is otherwise obligated to pick up pursuant to paragraphs A
and B.