Section 096-428-9 - Ongoing Producer Registration and ReportingA.Registration. A producer must provide the following information to the SO during its annual reporting or when it begins producing packaging material and must update the SO within 60 days of this information changing.(1) The contact information for a specific responsible individual working directly for the producer;(2) A list of the brands sold, offered for sale, or distributed for sale in packaging material or, in the case of producers that add packaging material to another producer's product for distribution directly to a consumer in the State, a description of the sales pathway resulting in the addition of packaging material; and(3) If the producer authorizes a third party to report on its behalf, the contact information for the third party, including a specific responsible individual working directly for the third party.B.Annual Reporting for Producers Other Than Low-Volume Producers. Producers other than low-volume producers or their authorized third-party reporters must report the following packaging material details to the SO by May 31st of each calendar year. Producers or reporters must assume packaging material is received by the consumer of the product unless the producer can verify that the packaging material is not received by the consumer of the product, in which case that material is not packaging material, as defined by 38 M.R.S. § 2146, and should not be reported.
Weights must be reported to the nearest kilogram or pound.
Packaging material details must be reported for each packaging material type produced, except where the details required by Sections 9(B)(6), 9(B)(7), and 9(B)(10) vary for subsets of the packaging material type or a subset of the packaging material type is exempt from the post-consumer recycled material fee, in accordance with Section 21. In these cases, the producer will need to report these details separately for differing subsets.
(1) Packaging material type;(2) Brand or brands of products sold with this packaging material, or, in cases where one producer adds packaging material to another producer's product for distribution directly to a consumer, a description of the sales pathway resulting in the addition of packaging material;(3) The UPCs of products sold with this packaging material. Brick codes may be provided instead of UPCs in cases where all products with a given brick code are associated with the same packaging material type;(4) The total weight of the base material or, in cases where more than one material is routinely separated and targeted for recycling, as designated in Appendix A, the sum of the weights of the materials that are routinely separated and targeted for recycling, and a short description of the methodology used to determine this measurement. Any material present that is neither the base material nor another material that is routinely separated and targeted for recycling according to Appendix A, and that weighs at least 0.1 gram, should not be included in this weight, only in Section 9(B)(5);(5) Total weight of the packaging material type and a short description of the methodology used to determine this measurement;(6) Total weight of post-consumer recycled material as verified by a third-party audit;(7) Whether the producer can provide a certificate from the entity or entities that manufacture the packaging material that attests to the absence of intentionally added toxics;(8) Whether the producer provides, or is aware of, refill options for the product sold with the packaging material, either in the State or elsewhere;(9) Whether the producer provides, or is aware of, reuse systems for the packaging material in the State or elsewhere; and(10) Whether the packaging material is labeled in a way that suggests it is recyclable, reusable, or compostable; and for a packaging material type that is labeled in a way that suggests it is reusable, the counties in which it is produced.C.Annual Reporting for Low-Volume Producers. A producer that produced less than 15 tons of packaging material in total during the prior calendar year, or its authorized third-party reporter:(1) Must report the total tons of packaging material produced, and any estimation method used to calculate that figure, to the SO by May 31st of each calendar year;(2) May report tons of packaging material produced by packaging material type to the SO by May 31st of each calendar year; and(3) May report information detailed in Sections 9(B)(6) through 9(B)(10) to the SO by May 31st of each calendar year.D.Estimates.(1) Estimating weight from units. Producers that are unable to fully satisfy the reporting requirements due to a failure to obtain sufficient information regarding the amount of packaging material produced may estimate the total weight produced based on unit quantities, as used by the producer to quantify sales to distribution networks. A producer may estimate the weights required under Sections 9(B)(4) and 9(B)(5) by grouping products packaged using the same packaging material type or types and estimating the weights of each packaging material type. To estimate weights reported in Sections 9(B)(4) and 9(B)(5) for a group of products, a producer must:(a) Group products packaged using the same packaging material type or types;(b) Create subgroups of products with similar dimensions;(c) Randomly select a product from each subgroup and weigh the packaging material type or types and any parts of each packaging material type that weigh at least 0.1 gram;(d) For each packaging material type and for the weight of each packaging material type that is composed of base materials that will be separated and recycled in accordance with Appendix A:(i) Multiply the weight measured for each subgroup by the number of units of that subgroup produced; and(ii) Add weights for all subgroups. A producer using this option must report descriptions of groups of products and subgroups created, total units produced for each subgroup, and the total measured weight and measured weight of each base material to be recycled for each randomly selected product.
(2) Estimating units produced. If a producer cannot obtain information on the number of units produced, as used by the producer to quantify sales to distribution networks, it must estimate the number of units produced as follows: (a) A producer must estimate the number of units produced for each distribution network that may sell, offer for sale, or distribute for sale in or into the State;(b) Estimates must assume equal per capita sales throughout the distribution area, and distribution areas must be defined along state lines; and(c) A producer must report, for each distribution network, the distributor, the distribution area, and the total number of units distributed through that network.E.Auditing. The SO's contract with the Department must outline, or provide a mechanism for determining, the extent to which the SO will conduct quality assurance on and random auditing of producer reporting. (1) Quality assurance. The SO must conduct quality assurance on producer reporting. Significant discrepancies identified through quality assurance, for which an adequate explanation cannot be provided, may result in an audit. The Department can also request an audit of a producer's reporting if it has reason to suspect it is inaccurate. Any audits conducted in accordance with this Section can be subtracted from the random audits required under Section 9(E)(2).(2) Random auditing. On an annual basis, the SO must randomly select a number of producers to audit and report results to the Department. Audits must include a review of the following: (a) The extent to which packaging material produced has been reported;(b) The accuracy of information reported under Section 9(B), including documentation verifying any use of post-consumer recycled material and certificates of no intentionally added toxics from material suppliers, and Section 9(C); and(c) Documentation supporting estimates, as applicable.06-096 C.M.R. ch. 428, § 9