Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 426 - RESPONSIBILITIES UNDER THE RETURNABLE BEVERAGE CONTAINER LAW
Section 096-426-15 - Refusing Payment When a Specific Beverage Product is Discontinued
Current through 2024-38, September 18, 2024
Distributors, Contracted Agents, Dealers, and Redemption Centers shall not refuse to pay the refund value of the returned beverage container as established by 38 M.R.S. §3103, as amended, or in the case of an inappropriately labeled container which bears a deposit value for a Beverage which is exempt from the bottle bill, except that Distributors, Dealers, and Redemption Centers may refuse to pay such refund value in the following situations:
A. When an Initiator of Deposit, Distributor, or Contracted Agent has given notice, in writing, to Dealers to whom the Initiator of Deposit or Distributor sold similar beverage containers and the licensed Redemption Centers serving those Dealers that the particular Types, Size, and brand offered for refund has been discontinued, and at least 4 months have elapsed since the mailing of such notice.
B. A Dealer or Redemption Center may refuse to pay the refund value of Beverages discontinued by an Initiator of Deposit, Distributor, or Contracted Agent in accordance with Subsection A above, no sooner than 3 months after the Distributor has mailed the notice required by Subsection A. A Dealer or Redemption Center may not refuse to pay the refund value of discontinued beverages unless such Dealer or Redemption Center has conspicuously posted for at least 30 days a notice advising consumers of the final date of acceptance.
C. A Contracted Agent may refuse to pay the refund value when the Contracted Agent has not received payment from the Initiator of Deposit in accordance with the terms of their contract, and the Contracted Agent has given notice, in writing to the licensed Redemption Centers that the Contracted Agent will cease accepting beverage containers that are the responsibility of that Manufacturer as of the next day subsequent to the delivery date of such notice. A Dealer or Redemption Center may notify their Member Dealers and refuse to pay the refund value of Beverages for which a contacted agent has provided written notice in accordance with this paragraph.
