32 §1867. Redemption centers

Title 32: PROFESSIONS AND OCCUPATIONS

Chapter 28: MANUFACTURERS, DISTRIBUTORS AND DEALERS OF BEVERAGE CONTAINERS

§1867. Redemption centers

1. Establishment. Local redemption centers may be established and operated by any person or municipality, agency or regional association as defined in Title 38, section 1310-C, subject to the approval of the commissioner, to serve local dealers and consumers, at which consumers may return empty beverage containers as provided under section 1866.

[ 1989, c. 585, Pt. D, §§7, 11 (AMD); 1989, c. 869, Pt. C, §12 (AFF) .]

2. Application for approval. Application for approval of a local redemption center shall be filed with the department. The application shall state the name and address of the person responsible for the establishment and operation of the center, the kinds, sizes and brand names of beverage containers which will be accepted and the names and addresses of dealers to be served and their distances from the local redemption center.

[ 1975, c. 739, §16 (NEW) .]

3. Approval. The commissioner may approve the licensing of a local redemption center if the redemption center complies with the requirements established under section 1871-A. The order approving a local redemption center license must state the dealers to be served and the kinds, sizes and brand names of empty beverage containers that the center accepts.

[ 2009, c. 405, §6 (AMD) .]

4. Redemption center acceptance refund account. A local redemption center may not refuse to accept from any consumer or other person not a dealer any empty, unbroken and reasonably clean beverage container of the kind, size and brand sold by a dealer served by the center as long as the label for the container is registered under section 1865, subsection 3 or refuse to pay in cash the refund value of the returned beverage container as established by section 1863-A. A redemption center or reverse vending machine is not obligated to count containers or to pay a cash refund at the time the beverage container is returned as long as the amount of the refund value due is placed into an account to be held for the benefit of the customer and funded in a manner that allows the customer to obtain deposits due within 2 business days of the time of the return.

[ 2007, c. 299, §5 (AMD) .]

5. Posted lists. A list of the dealers served and the kinds, sizes and brand names of empty beverage containers accepted shall be prominently displayed at each local redemption center.

[ 1975, c. 739, §16 (NEW) .]

6. Withdrawal of approval. The District Court may, in a manner consistent with the Maine Administrative Procedure Act, withdraw approval of a local redemption center if there has not been compliance with the approval order or if the local redemption center no longer provides a convenient service to the public.

[ 1977, c. 694, §585 (RPR); 1999, c. 547, §78 (AMD); 1999, c. 547, §80 (AFF) .]

SECTION HISTORY

1975, c. 739, §16 (NEW). 1977, c. 694, §585 (AMD). 1989, c. 585, §§D7,D11 (AMD). 1989, c. 869, Pt. C, §12 (AFF). 1991, c. 819, §12 (AMD). 1999, c. 547, §B78 (AMD). 1999, c. 547, §B80 (AFF). 2001, c. 661, §§6,7 (AMD). 2007, c. 299, §5 (AMD). 2009, c. 405, §6 (AMD).