Maine Statewide Rule

Maine state law: Recycling and EPR requirements

Some RestrictionsApplies statewide across Maine (2026)

Key Facts

State Recycling Goal: 50% (38 MRS § 2132)
Packaging EPR: 38 MRS § 2146 (LD 1541): first in U.S.
Bottle Bill: 38 MRS § 3101 et seq. (5¢/15¢)
Bag Ban: 38 MRS § 1611 (in effect since July 2021)
Product Stewardship: 38 MRS Ch. 24 (paint, e-waste, batteries, drugs)
DEP Civil Penalty: Up to $10,000/day (38 MRS § 349)

Last verified: August 21, 2026Source: Maine Legislature

Summary

Maine sets a statewide 50% solid-waste recycling and reuse goal under 38 MRS § 2132 and operates a nationally pioneering Extended Producer Responsibility (EPR) system for packaging under 38 MRS § 2146 (LD 1541 / PL 2021 ch. 455), product stewardship programs (38 MRS Ch. 24), and the Bottle Bill (38 MRS § 3101 et seq.). Single-use carryout plastic bags are banned at retail under 38 MRS § 1611, with a mandatory $0.05 minimum charge for recycled paper / reusable bags. Curbside-recycling rules are municipal.

Except as provided in paragraph D, beginning one calendar year following the effective date of the contract entered into by the department and the stewardship organization pursuant to subsection 3, a producer may not sell, offer for sale or distribute for sale in or into the State a product contained, protected, delivered, presented or distributed in or using packaging material for which the producer has not complied with all applicable requirements of this section.

Source: Maine LegislatureView official code

Full Breakdown

Maine's statewide recycling framework has multiple layers. (1) Statewide goal, 38 MRS § 2132 sets a goal that Maine 'recycle, compost or reuse 50% of the municipal solid waste tonnage generated each year' and tasks the Maine DEP with periodic State Waste Management and Recycling Plans. (2) Extended Producer Responsibility for Packaging, 38 MRS § 2146 (Stewardship program for packaging), enacted by LD 1541 (PL 2021 ch. state to enact a packaging EPR law. It requires producers of packaging materials to fund a stewardship organization that will reimburse Maine municipalities for the cost of collecting and recycling packaging in residential curbside programs and at transfer stations.

DEP adopted implementing rules in 06-096 CMR Chapter 410 and is phasing in producer obligations through 2026-2027. ) runs separate EPR programs for paint (PaintCare), mercury thermostats, mercury auto switches, mercury lamps, batteries (rechargeable), electronic waste (e-waste), unwanted drugs, and architectural paint. 15 deposit on wine/liquor containers; redemption centers and reverse-vending machines accept returns. (5) Single-use plastic bag ban, 38 MRS § 1611, enacted in 2019 and operative since July 2021, prohibits retail stores from providing single-use plastic carryout bags and requires a minimum 5-cent charge for each recycled-paper or reusable plastic bag.

limits heavy metals and PFAS in packaging and food packaging. dual-stream, accepted items, contamination rates, are set by municipal ordinance and the contract between the municipality and its MRF (materials-recovery facility). Many smaller Maine towns operate transfer-station drop-off recycling rather than curbside collection.

Violations & Penalties

DEP enforcement of EPR, Bottle Bill, and bag-ban statutes under 38 MRS § 349: civil penalties up to $10,000 per day per violation. Producer noncompliance under 38 MRS § 2146 EPR may trigger DEP cease-and-desist and civil penalty action. Bag-ban retail violations under 38 MRS § 1611: civil penalty up to $500 per violation. Contamination of curbside recyclables is enforced as a municipal civil violation under the local solid-waste code.

Frequently Asked Questions

Did Maine repeal the plastic bag ban?

No. The plastic-bag ban under 38 MRS § 1611 is in effect. It was enacted in 2019, delayed during the COVID emergency, and took effect July 2021. Retailers may not provide single-use plastic carryout bags and must charge at least $0.05 per recycled paper or reusable bag. A widely circulated claim that the ban was repealed in 2021 conflates the temporary COVID delay with repeal: the underlying statute is operative.

What is Maine's packaging EPR law?

38 MRS § 2146 (Stewardship program for packaging), enacted by LD 1541 (PL 2021 ch. 455). Maine became the first U.S. state to enact an Extended Producer Responsibility law for packaging. Producers of packaging sold in Maine must fund a stewardship organization that reimburses municipalities for packaging-recycling costs. DEP's rules at 06-096 CMR Chapter 410 phase in obligations through 2026-2027.

Does Maine have a Bottle Bill?

Yes: one of the broadest in the country. Under 38 MRS § 3101 et seq., a $0.05 deposit applies to most beverage containers (soda, beer, water, juice, sports drinks) and a $0.15 deposit applies to wine and liquor containers. Consumers redeem at retail or at standalone redemption centers.

Sources

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