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Maine: sustainable packaging labelling
Maine requires resin identifiers on covered rigid plastic packaging and Maine-specific refund information on covered beverage containers. It also makes violations of the FTC Green Guides actionable under state law and is implementing a packaging producer-responsibility program that does not itself prescribe a universal consumer mark.
Executive summary
Maine layers material identification, beverage redemption, environmental-claim law and packaging producer responsibility. Title 32 requires covered plastic bottles and rigid containers to identify their resin on the bottom. Title 38 requires covered beverage containers to communicate Maine refund status in a different location and format. A plastic deposit beverage container may therefore need both marks.
Maine also gives the federal Green Guides unusual state-law force: section 2142 provides that a violation of the Guides is a violation of the Maine Unfair Trade Practices Act. Separately, Maine's stewardship program for packaging is moving through implementation. It will allocate producer fees and reimburse municipalities, but it should not be described as requiring one universal consumer-facing EPR symbol. Each layer has a different trigger and responsible party.
Legal status at a glance
| Requirement | Status | Operational meaning |
|---|---|---|
| Rigid plastic resin identifier | mandatory | Covered bottles and rigid containers display the number and abbreviation on the bottom; Maine does not require a triangle around them. |
| Beverage-container refund mark | mandatory | Covered containers show the refund value, or “refund value” or “RV,” together with “Maine” or “ME”; the mark may not be on the bottom. |
| Misleading environmental claim | prohibited | A violation of the FTC Green Guides is treated as a violation of the Maine Unfair Trade Practices Act. |
| Packaging EPR participation | adopted and implementing | Producer obligations and fees are being implemented, but the program does not create a general on-pack EPR or recyclability logo. |
Plastic resin identification
Title 32 covers a plastic bottle with a capacity from 16 fluid ounces through five gallons and a rigid plastic container with a capacity from eight fluid ounces through five gallons. Since 1 July 1991, a covered item has required a molded, imprinted or raised label on its bottom, placed so it is clearly visible. The label identifies the resin through the number and the corresponding letter abbreviation.
Maine's format is important: section 1723 requires the number and letters but does not prescribe a chasing-arrows triangle. The material categories run from PETE 1 through OTHER 7. A company using a national mold should record that the number and abbreviation satisfy Maine even if another jurisdiction drives an enclosing graphic. It should not imply that Maine law certifies the package as recyclable.
Beverage-container refund marking
Maine's beverage-container law requires every covered container sold or offered for sale to indicate refund status clearly. The mark consists of the refund value or the words “refund value” or the abbreviation “RV,” together with “Maine” or “ME.” It may be embossed, stamped, printed on a label or securely attached by another method. A sticker requires the department's permission, and the refund information may not be placed on the bottom.
The minimum refund value is generally five cents. Wine and spirits containers over 50 millilitres carry a minimum of 15 cents, while small wine and spirits containers are subject to the separate statutory treatment. A refillable container may use a permanent brand with a qualifying refund value. The exact product and size classification should be recorded before selecting the statement.
Registration and current administration
Container registration accompanies the marking obligation. Registration records identify the product, universal product code, container size and material details relevant to redemption. Changes to the UPC, size, composition or glass colour can require an updated record. As of 15 July 2026, statutory registration functions assigned by the amended program transition to the beverage-container stewardship cooperative rather than remaining under the former departmental process.
This administrative transition makes current verification essential. A package printed under an older workflow may still show the correct mark but lack a current registration or product update. The approval checklist should include both physical artwork and the active program record.
Environmental marketing claims
Section 2142 links Maine law directly to the Federal Trade Commission's environmental marketing guides. Conduct that violates the Green Guides constitutes a violation of the Maine Unfair Trade Practices Act. Recyclable, compostable, degradable, recycled-content and general environmental-benefit claims should therefore be assessed against the current federal principles and the full package impression.
For recyclability, material identity and deposit collection are relevant facts but are not conclusive. A package can carry a resin number and a refund mark without supporting every broader recycling proposition. Qualifications should identify the relevant component and material limitation, and the evidence file should address collection access and processing where those facts form part of the claim.
Packaging producer responsibility
Section 2146 established Maine's stewardship program for packaging. The Department of Environmental Protection adopted Chapter 428 rules effective 25 December 2024 and amended implementation materials in 2026. The program is designed to collect producer payments through a stewardship organisation and reimburse municipalities for eligible packaging-management costs, with fee structures influenced by packaging amount and attributes.
The program does not itself establish a general consumer-facing recycling mark. Registration, reporting, fee payment and packaging-category decisions should not be translated into an on-pack claim that a specific item is recyclable. As of the verification date, implementation remained active and the department was addressing stewardship-organisation contracting after no proposals were received under the prior solicitation. The department's current schedule, rather than an outdated forecast, should govern planning.
Who bears each obligation
The resin-marking provisions regulate manufacturers and persons selling covered containers, with violations addressed in sections 1725 and 1726. The beverage law assigns duties across initiators of deposit, manufacturers, distributors and dealers. Section 2146 uses its own “producer” hierarchy, which can place responsibility on a brand owner, licensee, importer or other party depending on the package and sales arrangement.
A Maine matrix should therefore contain separate actor fields for resin marking, deposit registration and marking, environmental claims and EPR. One corporate entity may occupy all roles, but that result should be demonstrated rather than assumed.
Enforcement and consequences
A violation of the resin-label chapter is subject to a civil forfeiture of up to $100, and each container can constitute a separate violation. The conduct is also treated as an unfair trade practice. Deposit-law enforcement can include removal of noncompliant product from sale and other statutory remedies. Misleading environmental claims can be pursued through the Maine Unfair Trade Practices Act.
The EPR program uses its own registration, payment and enforcement framework. These consequences should not be collapsed into a single package penalty. The most immediate operational risks often include blocked registration, retailer refusal, redemption-system rejection and the cost of correcting a national production run.
Practical artwork checklist
For plastic packaging, confirm form, capacity and resin, and inspect the bottom number and abbreviation. For beverages, classify the product and size, select the correct refund amount or statutory abbreviation, add Maine or ME, keep the mark off the bottom and verify current registration. Inventory all environmental claims against the Green Guides. Finally, determine the EPR producer and keep fee and reporting work separate from consumer artwork.
Primary sources and verification
Maine Legislature. 32 M.R.S. section 1721, definitions. Official statute
Maine Legislature. 32 M.R.S. sections 1722 and 1723, resin-label requirement and format. Official statute
Maine Legislature. 32 M.R.S. sections 1725 and 1726, enforcement. Official statute
Maine Legislature. 38 M.R.S. section 3103, beverage-container refund values. Official statute
Maine Legislature. 38 M.R.S. section 3105, beverage-container marking and registration. Official statute
Maine Legislature. 38 M.R.S. section 2142, environmental marketing claims. Official statute
Maine Department of Environmental Protection. Stewardship program for packaging, current implementation status and Chapter 428 materials. Official program page
Federal Trade Commission. Guides for the Use of Environmental Marketing Claims, 16 C.F.R. Part 260. Official Green Guides
Federal Trade Commission. Environmental Claims: Summary of the Green Guides. Business guidance
Deposit administration and EPR implementation are time-sensitive and should be checked immediately before release. Last verified: 21 August 2026.