06-096 C.M.R. ch. 426, § 1 - Definitions

As used in this chapter and unless the context otherwise indicates, the following words and phrases have the following meanings:

A. "Beverage" means Malt Liquor, Spirits, Wine, Wine Coolers, Hard Cider, Low-Alcohol Spirits, soda or noncarbonated water, and all nonalcoholic carbonated or noncarbonated drinks in liquid form and intended for internal human consumption.

The term Beverage excludes the following:

(1) A liquid which is (a) a syrup, (b) in a concentrated form or (c) typically added as a minor flavoring ingredient in food or drink, such as extracts, cooking additives, sauces or condiments;

(2) A liquid which is a drug or infant formula as defined by the Food, Drug and Cosmetic Act. ( 21 U.S.C. §§ 321(g) (1) and (z)) as amended through June 22, 2009;

(3) A liquid which is designed to be consumed only as a nutritional supplement and not as a Beverage;

(4) Products frozen at the time of sale to the consumer, or, in the case of institutional users such as hospitals and nursing homes, at the time of sale to such users;

(5) Products designed to be consumed in a frozen state;

(6) Instant drink powders.

(7) Seafood, meat or vegetable broths, or soups, but not juices;

(8) Maine produced apple cider and blueberry juice;

(9) Unflavored rice milk, unflavored soy milk, Milk and Dairy Derived Products.

(10) Products sold in Paper or Cardboard Containers.

B. "Commingling Agreement" means an agreement between two (2) or more Initiators of Deposit allowing some or all beverage containers for which they have initiated deposits to be commingled by Dealers and Redemption Centers.

C. "Commissioner" means the Commissioner of the Department of Environmental Protection.

D. "Contracted Agent" means a public or private company or individual who enters into an agreement with the Initiator of Deposit to pick up empty beverage containers from Redemption Centers and Dealers.

E. "Dealer" means a business entity that sells, offers to sell or engages in the sale of Beverages in a beverage container to a consumer from a retail Food Establishment licensed by the Department of Agriculture, Conservation & Forestry as defined in 22 M.R.S. §2152 or an Eating Establishment licensed by the Department of Health & Human Services as defined 22 M.R.S. §2491, including but not limited to an operator of a vending machine containing Beverages in beverage containers.

F. "Department" means the Maine Department of Environmental Protection.

G. "Distributor" means a Person who engages in the sale or distribution of Beverages in beverage containers to a Dealer in this State, including a Manufacturer or manufacturer's agent who sells directly to a Dealer.

H. "EAN" means an International Article Number, previously called a European Article Number, 13-digit barcode.

I. "Fortified Wine" means any liquor containing more than 15.5% alcohol by volume that is produced by the fermentation of fruit or other agricultural Product containing sugar, and Wine to which Spirits have been added as long as the resulting liquor does not exceed 24% alcohol by volume.

J. "Hard Cider" means liquor produced by fermentation of the juice of apples or pears, including, but not limited to, flavored, sparkling or carbonated cider, that contains not less than 1/2 of 1% alcohol by volume and not more than 8.5% alcohol by volume.

K. "Initiator of Deposit" means either a Manufacturer or Distributor that is licensed by the Department to initiate deposits on beverage containers with labels properly registered under 38 M.R.S. §3105(3) and meeting the deposit requirements enumerated in 38 M.R.S. §3103.

L. "Liquor" means Spirits, Wine, Malt Liquor, Hard Cider, or any substance containing liquor intended for human consumption that contains more than 1/2 of 1% of alcohol by volume.

M. "Low-Alcohol Spirits Product" means a Product containing Spirits that has an alcohol content of 8% or less by volume.

N. "Malt Liquor" means Liquor produced by the fermentation of malt, wholly or partially, or from any malt substitute, which contains 1/2 of 1% of alcohol or more by volume. Malt Liquor includes, but is not limited to, ale, beer, porter and stout. Malt Liquor includes Beverages made with Malt Liquor, but to which no Spirits are added.

O. "Manufacturer" means a Person who: offers Beverages for sale in or into Maine under its brand or label or licenses other entities to offer Beverages for sale in or into Maine under its brand or label, or imports a Beverage into the United States that is manufactured by a Person without a presence in the United States; and an out-of-state wholesaler of Liquor that holds a certificate of approval in accordance with Maine law under Title 28-A.

P. "Member Dealer" means any Dealer who has entered into an agreement with a licensed Redemption Center to manage the redemption of containers sold by that Dealer.

Q. "Milk and Dairy-Derived Products" means whole milk, skim milk, cream, low-fat milk, or any combination and includes other Products of which the single largest ingredient is whole milk or milk fat or milk with varying percentages of milk fat.

R. "Paper or Cardboard Container" means a container which is composed of at least 80 percent by volume of paper material.

S. "Person" means an individual, partnership, corporation or other legal entity.

T. "Product" means an item as determined by a separate label and/or Universal Product Code or International Article Number.

U. "Redemption Center" means any place of business that accepts empty returnable beverage containers from either consumers or from Dealers, or both, and that is licensed by the Department as a Redemption Center.

(1) Reverse Vending Machines (RVMs) are considered to be a Redemption Center if they are used as "stand alone" devices and not as a part of a licensed Redemption Center.

(2) If an RVM is used as a "stand alone" device and not as part of a licensed Redemption Center, it will be the responsibility of the lessee or device owner to license the location as a Redemption Center as required in 38 M.R.S. §3113.

V. "Retailer" means a Dealer that sells, offers, or provides for retailsale, Beverages in beverage containers.

W. "Reverse Vending Machine" or "RVM" means an automated device that uses a laser scanner, microprocessor, or other technology to accurately recognize the Universal Product Code on containers and accumulates information regarding containers redeemed, thereby enabling the RVM to accept containers from redeemers and to issue script for their refund value.

X. "Shell" means the standard trade package made of fiberboard, wood or plastic designed for packaging, carrying or transporting glass or plastic beverage containers.

Y. "Shipping Carton" means the standard trade package made of cardboard or other material designed for packaging, carrying or transporting all types of beverage containers, and includes plastic bags used for the return of such containers.

Z. "Size" means the liquid content of a beverage container, such as 500 ml, 2 liter.

AA. "Spirits" means any Liquor produced by distillation or, if produced by any other process, strengthened or fortified by the addition of distilled Spirits of any kind. "Spirits" does not include Low-Alcohol Spirits Products or Fortified Wine.

BB. "Type" means the composition or kind of material, such as glass, metal or plastic, and unique physical design or construction of a beverage container, such as a bottle, can, or flip top container.

CC. "Universal Product Code" or "UPC" means a standard for encoding a set of lines and spaces that can be scanned and interpreted into numbers to identify a Product. Universal Product Code may also mean any accepted industry barcode which replaces the UPC including but not limited to Universal Product Code (UPC), EAN and other codes that may be used to identify a product.

DD. "Wine" means any Liquor containing not more than 24% alcohol by volume that is produced by the fermentation of fruit or other agricultural Products containing sugar or Wine to which Spirits have been added not to exceed 24% by volume. Wine includes, but is not limited to, table wine, still wine, sparkling wine, champagne and Fortified Wine, provided that the alcohol content is not above 24% by volume. For purposes of this chapter, Wine does not include Wine Coolers.

EE. "Wine Cooler" means a Beverage of less than 8% alcohol content by volume consisting of Wine and:

a) Plain, sparkling or carbonated water; and

b) Any one or more of the following:

(i) fruit juices;

(ii) fruit adjuncts;

(iii) artificial or natural flavors or flavorings;

(iv) preservatives;

v) coloring; or

(vi) any other natural or artificial blending material.

Notes

06-096 C.M.R. ch. 426, § 1