Section 096-428-2 - DefinitionThe following terms, as used in this Chapter, have the following meaning unless the context indicates otherwise:
A.Alternative Management. "Alternative management" means management of solid waste at an incineration facility, as defined in 38 M.R.S. §1303-C(16); or management of solid waste at a solid waste processing facility, licensed in accordance with 38 M.R.S. §1310-N, that does not constitute recycling, reuse, composting, or preparing material for placement in the permitted area of a landfill.B.Base Material. "Base material" means, with regard to packaging material, the primary material or the primary material that is targeted for recycling, as designated by the Department in accordance with Section 4(B). Base materials are glass, metal, paper, plastic by resin type, and cork/wood.C.Brick Code. "Brick code" means the seven-digit code used in Global Product Classification established by GS1 US TM.D.Commodity. "Commodity" means processed material that meets an industry specification. Compost streams and reuse streams are commodities.E.Commodity Stream. "Commodity stream" means packaging material and other materials managed together and sold as a commodity.F.Composting. "Composting" has the same meaning as in Chapter 06-096 C.M.R. ch. 400, § 1(EE).G.Compostable Packaging Material. "Compostable packaging material" means packaging material that is designed for direct food contact and is capable of undergoing composting as shown by third-party certifications to ASTM D6400, ASTM D6868, and ASTM D8410.H.Compost Stream. "Compost stream" means compostable packaging material and other material that is managed together, prior to being composted.I.Contamination. "Contamination" means the material not included in a set of accepted materials, yet present in a packaging stream.J.Contractor. "Contractor" means an entity paid to assist in or otherwise perform the management of a packaging stream.K.Consumer. "Consumer" means an entity that uses a product, including an entity that uses a product to create a new product or includes its use in a service it provides. A consumer does not include an entity that only distributes, delivers, installs, sells a product at retail, or undertakes any combination thereof.L.Disposal. "Disposal" means the final disposition of material in a manner that does not constitute recycling, reuse, or composting. Disposal includes any placement of material in the permitted area of a landfill.M.Disposal Stream. "Disposal stream" means packaging material and other material that is managed together prior to disposal. Contamination removed from a mixed packaging stream, commodity stream, reuse stream, or compost stream does not constitute a disposal stream. Disposal streams do not undergo further processing to remove materials for recycling, reuse, or composting.N.Durable Product. "Durable product" means a product that wears out over an expected lifespan of at least five years. A durable product is not depleted through use.O.Intentionally added toxic. "Intentionally added toxic" means "intentionally added chemical", as used in Toxics in Food Packaging, 32 M.R.S. §1741(11) (2019).P.Major Investment Need. "Major investment need" means an identified need that will improve the management of packaging material by addressing a regional or systemic need.Q.Manage. "Manage" means to collect, transport, process, or otherwise prepare a packaging stream for recycling, reuse, composting, or disposal; to educate consumers about packaging material; or to pick-up litter.R.Mixed Packaging Stream. "Mixed packaging stream" means packaging material and other material that is managed together prior to being separated into disposal streams or commodity streams.S.New Infrastructure. "New infrastructure" means capital investments that are not physically located within, or attached to, existing infrastructure.T.Packaging Stream. "Packaging stream" means a set of materials that includes packaging material. Commodity streams, disposal streams, reuse streams, compost streams, and mixed packaging streams are types of packaging streams.U.Packaging Material Type. "Packaging material type" means a class of packaging material with similar management requirements, form, and value, as determined through the processes established in Sections 5(A) and 5(B).V.Produce. "Produce" means to use packaging material to contain, protect, deliver, present, or distribute a product that is sold, offered for sale or distributed for sale in or into the State.W.Producer. "Producer" means a person that:(1) Has legal ownership of the brand of a product sold, offered for sale or distributed for sale in or into the State contained, protected, delivered, presented or distributed in or using packaging material;(2) Is the sole entity that imports into the State for sale, offer for sale or distribution for sale in or into the State a product contained, protected, delivered, presented, or distributed in or using packaging material branded by a person that meets the requirements of Section 2(W)(1) and has no physical presence in the United States; or(3) Adds packaging material to another producer's product for distribution directly to a consumer. This person is only the producer for the packaging material it adds. Producer includes a low-volume producer, as defined in 38 M.R.S. §2146(1)(G), and a franchisor of a franchise located in the State but does not include the franchisee operating that franchise. Producer does not include a nonprofit organization exempt from taxation under the United States Internal Revenue Code of 1986, Section 501(c)(3).
X.Product. "Product" means an economic good that is marketed or sold.(1) Material sold for use in containing, protecting, delivering, or presenting items at a later time is a product and, therefore, does not constitute packaging material.(2) Charging for, or adding a fee to, packaging material that is used for containing, protecting, delivering, or presenting other purchases does not make that packaging material a product.(3) For products that are not durable, material used to contain, protect, deliver, present, or distribute that remains when the product is depleted is not the product; it is packaging material.Y.Refill. "Refill" means an operation by which a person fills their own container.Z.Reusable Packaging Material. "Reusable packaging material" means packaging material that is designed to be reused and the reuse of which is facilitated by an alternative collection program collecting the reusable packaging material in every county in which it is produced. AA.Reuse Stream. "Reuse stream" means reusable packaging material and other material that is managed together, prior to being reused.BB.Set of Accepted Materials. "Set of accepted materials" means materials in a packaging stream, as allowed by the receiving facility.CC.Significantly Different. "Significantly different" means, with respect to representative audit results, that the specified confidence interval of one group of samples does not overlap with the specified confidence interval of another.DD.Target Material. "Target material" means a base material that is used by a receiving facility to make:(1) Filtration media for use in a manner that does not constitute disposal, abrasive materials, glass fiber insulation, or construction materials for use in a manner that does not constitute disposal;(2) Smelter or furnace-ready metal;(4) Recycled plastic pellets ready for use in an extrusion or molding operation or recycled plastic flakes that do not require further processing before use in a final product; or(5) A commodity for sale to a market with a set of accepted materials that share the same base material.EE.Toxics. "Toxics" means chemicals of concern, chemicals of high concern, or priority chemicals listed by the Department in accordance with Toxic chemicals in children's products, 38 M.R.S. §1694; PFAS and phthalates as defined in Reduction of toxics in packaging, 32 M.R.S. § 1732; and food contact chemicals of high concern or priority food contact chemicals listed by the Department in accordance with Toxic chemicals in food packaging, 32 M.R.S. § 1743.06-096 C.M.R. ch. 428, § 2