06-096 C.M.R. ch. 426, § 6 - Refund Value, and Responsibility for Initiation of Deposit and Label Registration

A. The refund value on Wine and Spirits may not be less than $0.15. The refund value on all other Beverages may not be less than $0.05.

B. The Bureau of Alcoholic Beverages and Lottery Operations shall initiate the deposit on Spirits. The Manufacturer is responsible for meeting the labeling requirements in Section 7, and for registering the labels for these Beverages on behalf of the Bureau of Alcoholic Beverages and Lottery Operations in accordance with Section 8.

C. The Manufacturer shall be the Initiator of Deposit on its brand of Beverages other than Spirits when the Beverages are:

(1) sold in refillable containers;

(2) sold in non-refillable containers, and the Manufacturer is the sole Distributor in Maine; or

(3) sold in non-refillable containers, and sold through non-geographically exclusive distributorships.

The Manufacturer is responsible for meeting the labeling requirements in Section 7 and registering the labels for these Beverages in accordance with Section 8.

D. For Beverages, other than Spirits, sold in non-refillable containers through geographically-exclusive distributorships, the Distributor shall initiate the deposit. The Manufacturer is responsible for ensuring the labels for these Beverages meet the labeling requirements of Section 7 and are registered in accordance with Section 8.

Initiators of Deposit must be licensed with the Department pursuant to 38 M.R.S. §3113 and in accordance with this chapter prior to distribution of any Beverage requiring deposit within the State of Maine. Each Distributor shall provide each Manufacturer with all Product sales data necessary for the Manufacturer to comply with 38 M.R.S. §1308 "Unclaimed deposits".

Notes

06-096 C.M.R. ch. 426, § 6