Title 38, Title 38

A beverage may not be sold or offered for sale to consumers in this State: [PL 2015, c. 166, §14 (NEW).] 1. Flip tops. In a metal container designed or constructed so that part of the container is detachable for the purpose of opening the container without the aid of a separate c…

1. Civil violation. A violation of this chapter by any person is a civil violation for which a fine of not more than $100 may be adjudged. 2. Separate violations. Each day that a violation under subsection 1 continues or exists constitutes a separate offense. 3. Container pickup.…

This chapter does not apply to any beverage container sold to an airline and containing a beverage intended for consumption on an aircraft flight in interstate or foreign commerce.

A license issued annually by the department is required before any person may initiate deposits under section 3103, operate a redemption center under section 3109 or act as a contracted agent for the collection of beverage containers under section 3106, subsection 8 or 8‑A. [PL 2…

1. Creation. The Beverage Container Enforcement Fund, referred to in this section as "the fund," is created under the jurisdiction and control of the department. 2. Sources of money. The fund consists of the following: A. Fees for issuance of licenses and license renewals under s…

1. Creation. The Cost and Carbon Efficient Technology Fund, referred to in this section as "the fund," is created under the jurisdiction and control of the department. 2. Sources of money. The fund consists of the following: A. The annual payment from the cooperative required by …

The department shall administer this chapter and has the authority, following public hearing, to adopt necessary rules to carry it into effect. The department may adopt rules governing redemption centers that receive beverage containers from dealers supplied by distributors other…

1. Denial of application. The department shall notify an applicant denied a license for a redemption center of the reasons for the denial. Written notification must be sent to the mailing address given by the applicant in the application for a redemption center license. 2. Aggrie…

A person is guilty of a violation of this section if that person possesses more than 48 beverage containers that are not labeled under section 3105. This section does not apply to licensed waste facilities as defined in section 1303‑C, subsection 40. [PL 2015, c. 166, §14 (NEW).]…

A person, firm, corporation, association or organization may not hold, conduct or operate games of skill, as defined in Title 17, section 1831, subsection 6, that involve the breaking of glass. A violation of this section is a Class E crime.

This section establishes annual reporting requirements for initiators of deposit and for pick-up agents that are not initiators of deposit. [PL 2019, c. 526, §14 (NEW).] 1. Initiator of deposit annual report. Each initiator of deposit shall report annually by March 1st to the dep…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2023, c. 448, §3 (NEW); PL 2023, c. 448, §5 (AFF).] 1. High-value agricultural land. "High-value agricultural land" means land that has a high value for agricultu…

Except as otherwise provided in this section, a person may not construct, cause to be constructed or operate a solar energy development without a permit from the Department of Agriculture, Conservation and Forestry. Notwithstanding any provision of law to the contrary, the Depart…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2025, c. 378, §12 (NEW).] 1. Abandoned nonwater-dependent floating structure. "Abandoned nonwater-dependent floating structure" means a nonwater-dependent floatin…

Except as otherwise provided in this chapter, a person may not place or use a nonwater-dependent floating structure in, on or over internal waters.

The following facilities and structures are not subject to the prohibition in section 3302: [PL 2025, c. 378, §12 (NEW).] 1. Functionally water-dependent uses. Any facility or structure, the primary purpose of which is a functionally water-dependent use; 2. Swimming structures. A…

1. Eligibility. Notwithstanding any provision of law to the contrary, the owner of a nonwater-dependent floating structure that was in existence as of January 1, 2025 may make application to the Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands, refe…

1. Penalties. Except as provided in subsection 2, a person who violates section 3302 commits a civil violation for which a fine of not less than $100 and not more than $500 may be adjudged for each day of that violation, and the person may be ordered to pay restitution to the pri…

Any person described in Title 12, section 10403 may enforce the provisions of this chapter.

In consultation with the Department of Marine Resources and the Department of Inland Fisheries and Wildlife, the Department of Agriculture, Conservation and Forestry may adopt rules clarifying the application of the provisions of this chapter to watercraft, houseboats, nonwater-d…