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MaineLD 1423132nd Maine Legislature (2025-2026)SenateWALLET

An Act to Improve Recycling by Updating the Stewardship Program for Packaging

Sponsored By: Joseph M. Baldacci (Democratic)

Became Law

WASTESWASTES - RECYCLING

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Bill Overview

Analyzed Economic Effects

9 provisions identified: 5 benefits, 2 costs, 2 mixed.

Exemptions for small and food producers

Small producers are exempt from packaging rules if last year’s total sales were under $2,000,000. For three years, starting one year after the State signs the stewardship contract, the cutoff is $5,000,000. You are also exempt if you used under one ton of packaging last year, or if over half of last year’s sales came from salvage, closeout, bankruptcy, or liquidation goods. Food makers are exempt if their perishable foods used under 15 tons of packaging last year. Plus, the first 15 tons of perishable food packaging per producer is exempt. Perishable food includes fresh meat, poultry, seafood, dairy, bakery, eggs in shell, and fresh fruits and vegetables; frozen foods do not count except frozen wild blueberries.

Medical and drug packages are excluded

Packages for many health‑related products are not covered by the program. This includes drugs, dietary supplements, devices, cosmetics, infant formula, medical foods, certain fortified oral nutrition, biologics, diagnostic kits, disposable medical equipment, and products regulated under the federal pesticide law. Makers and sellers of these items do not have stewardship duties for those packages.

Broader toxic packaging rules

More packaging counts as toxic if certain chemicals or metals are intentionally added or used in making, recycling, or disposal. The lists come from State chemical rules, food‑contact chemical rules, and chemicals of concern. This can require design changes or special handling.

Who counts as producer or consumer

The law clarifies who is the producer. For store sales, it can be the maker, brand owner, importer, first distributor, or first seller. For online sales, it can be that party for the product’s own packaging and the packager for delivery for shipping packaging. Franchisors are the producer if their franchisees sell in the State. 501(c)(3) charities are excluded. A producer can assign responsibility if the assignee registers and certifies in writing. The law also defines consumers as homes, schools, public buildings, public spaces, and businesses using municipal or state waste services. Manufacturers are excluded when they or a producer manage and pay for the packaging used only for transport or made during manufacturing.

No extra fees when recycled content barred

Producers do not pay higher fees for packages without recycled content when state or federal rules effectively ban using recycled material in that package.

Simpler annual packaging reports

Producers must file a yearly report showing total amounts by packaging type, by weight or volume. They do not have to report product‑level UPC data. Reports follow department rules.

Public lists of compliant products

The department posts and updates public lists of compliant and non‑compliant products, UPCs, producers, and brands. The stewardship group must also give the department regular, updated participation and compliance lists.

30-day deadline to prove exemptions

If you claim an exemption, the department can ask for proof. You must provide enough documentation within 30 days. If you do not, you risk losing the exemption.

Recycling review checks markets and fees

The statewide recycling review now looks at in‑state and regional processing capacity and market conditions. It also reviews how the producer payment schedule pushes recyclable packaging and supports the waste‑management hierarchy. The stewardship group can suggest changes. The department may start rulemaking to modify the schedule after the contract is signed and based on the review.

Sponsors & Cosponsors

Sponsor

  • Joseph M. Baldacci

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 88 • No: 59

House vote • 6/17/2025

ACC MAJ OTP AS AMENDED REP

Yes: 88 • No: 59

Actions Timeline

  1. ACTPUB Chapter 383

    5/1/2026

  2. PASSED TO BE ENACTED, in concurrence.

    6/17/2025Senate

  3. PASSED TO BE ENACTED. Sent for concurrence. ORDERED SENT FORTHWITH.

    6/17/2025House

  4. Reports READ.On motion of Representative DOUDERA of Camden, the Majority Ought to Pass as Amended Report was ACCEPTED.ROLL CALL NO. 554(Yeas 88 - Nays 59 - Absent 2 - Excused 2)The Bill was READ ONCE.Committee Amendment "A" (S-419) was READ and ADOPTED.Under suspension of the rules, the Bill was given its SECOND READING without REFERENCE to the Committee on Bills in the Second Reading.The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment "A" (S-419).In concurrence. ORDERED SENT FORTHWITH.

    6/17/2025House

  5. Reports ReadOn motion by Senator TEPLER of Sagadahoc the Majority Ought to Pass as Amended by Committee Amendment "A" (S-419) Report ACCEPTED READ ONCE Committee Amendment "A" (S-419) READ and ADOPTED Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED by Committee Amendment "A" (S-419) Sent down for concurrence

    6/16/2025Senate

  6. The Bill was REFERRED to the Committee on ENVIRONMENT AND NATURAL RESOURCES.In concurrence. ORDERED SENT FORTHWITH.

    4/1/2025House

  7. Committee on ENVIRONMENT AND NATURAL RESOURCES suggested and ordered printed REFERENCE to the Committee on ENVIRONMENT AND NATURAL RESOURCES Ordered sent down forthwith for concurrence

    4/1/2025Senate

Bill Text

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