32 §1872. Unlawful possession of beverage containers
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 28: MANUFACTURERS, DISTRIBUTORS AND DEALERS OF BEVERAGE CONTAINERS
§1872. Unlawful possession of beverage containers
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 1865. This section shall not apply to licensed waste facilities as defined in Title 38, section 1303-C. [1989, c. 585, Pt. D, §§9, 11 (NEW).]
1. Warning.
[ 2001, c. 661, §10 (RP) .]
2. Penalty. Following the 1st year warning period, a violation of this section is a civil violation for which a forfeiture of $20 per container in excess of 48 beverage containers may be adjudged.
[ 1989, c. 585, Pt. D, §§9, 11 (NEW) .]
3. Enforcement. The Maine State Police shall enforce this section and prosecute any persons found in violation.
[ 1989, c. 585, Pt. D, §§9, 11 (NEW) .]
4. Exempt facilities. The department may, by rule, adopt procedures for designating certain transportation activities and storage or production facilities or portions of facilities as exempt from this section. Any exemption granted under this subsection must be based on a showing by the person owning or operating the facility or undertaking the activity that:
A. The beverage containers stored or transported are intended solely for retail sale outside of the State; [1989, c. 869, Pt. C, §7 (NEW).]
B. The beverage containers are being transported to and stored in a facility licensed under Title 28-A, section 1371, subsection 1 prior to labeling and subsequent retail sale within the State; or [1989, c. 869, Pt. C, §7 (NEW).]
C. The person is licensed under Title 28-A, section 1401 to import malt liquor and wine into the State, the beverage containers contain malt liquor or wine and these containers are being transported or stored prior to labeling and subsequent retail sale within the State. [1989, c. 869, Pt. C, §7 (NEW).]
The department may require reporting of the numbers of beverage containers imported into and exported from the State under the terms of this subsection.
[ 1989, c. 869, Pt. C, §7 (NEW) .]
SECTION HISTORY
1989, c. 585, §§D9,D11 (NEW). 1989, c. 869, §C7 (AMD). 2001, c. 661, §10 (AMD).