| A. A distributor that initiates the deposit under section |
| 1863-A, subsection 2 or 4 has the obligation to pick up |
| any empty, unbroken and reasonably clean beverage |
| containers of the particular kind, size and brand sold by |
| the distributor from dealers to whom that distributor has |
| sold those beverages and from licensed redemption centers |
| designated to serve those dealers pursuant to an order |
| entered under section 1867. A distributor that, within |
| this State, sells beverages under a particular label |
| exclusively to one dealer, which dealer offers those |
| labeled beverages for sale at retail exclusively at the |
| dealer's establishment, shall pick up any empty, unbroken |
| and reasonably clean beverage containers of the kind, size |
| and brand sold by the distributor to the dealer only from |
| those licensed redemption centers that serve the various |
| establishments of the dealer, under an order entered under |
| section 1867. A dealer that manufactures its own |
| beverages for exclusive sale by that dealer at retail has |
| the obligation of a distributor under this section. The |
| commissioner may establish by rule, in accordance with the |
| Maine Administrative Procedure Act, criteria prescribing |
| the manner in which distributors shall fulfill the |
| obligations imposed by this paragraph. The rules may |
| establish a minimum number or value of containers below |
| which a distributor is not required to respond to a |
| request to pick up empty containers. Any rules |
| promulgated under this paragraph must allocate the burdens |
| associated with the handling, storage and transportation |
| of empty containers to prevent unreasonable financial or |
| other hardship. |
