22 §1471-Q. Return and disposal of limited and restricted use pesticide containers
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH HEADING: PL 1989, C. 487, §11 (RPR)
Chapter 258-A: BOARD OF PESTICIDES CONTROL
§1471-Q. Return and disposal of limited and restricted use pesticide containers
1. Purpose. The purpose of this section is to insure the triple rinsing or equivalent of limited and restricted use pesticide containers in accord with the board's regulations, and provide an incentive through a deposit system for the return of triple rinsed pesticide containers. All limited and restricted use pesticide containers shall have a sticker supplied by the board. That sticker shall be used to identify those limited and restricted use pesticide containers for which a deposit is required.
[ 1983, c. 542, §§2, 3 (NEW) .]
2. Scope. This section applies to all limited and restricted use pesticide containers, excluding those packaged in a cardboard, fiberboard or paper container, which are sold, bartered or traded within the State, or which, though purchased out-of-state, are held for use or used within the State.
[ 1985, c. 54, §1 (AMD) .]
3. Deposit established. The board shall by rule establish a deposit for restricted and limited use pesticide containers within the scope of this section which are sold, bartered or traded within the State, or which, though purchased out-of-state, are held for use or used within the State. The deposit amount should be sufficient to promote the return of the limited and restricted use pesticide containers.
These regulations adopted by the board in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, shall thereafter be in effect until 90 days after the date of adjournment of the next regular session of the Legislature, unless the next regular session shall adopt by legislative enactment that regulation.
[ 1985, c. 54, §1 (AMD) .]
4. Deposits collected. For pesticide containers within the scope of this section and purchased within the State, pesticide dealers shall, at the time of purchase, collect the deposit established by the board for each such pesticide container. For pesticide containers within the scope of this section which, though purchased out-of-state, are held for use or used within the State, deposits established by the board shall be collected and held by the board or its agent, as provided by the board in its rules.
[ 1985, c. 54, §1 (AMD) .]
5. Stickers required. Upon the sale, trade or barter of any pesticide container subject to this section and purchased in the State, the pesticide dealer shall affix a sticker supplied by the board to identify those containers. For pesticide containers subject to this section which, though purchased out-of-state, are held for use or used within the State, the person who has ownership or control of the container within the State shall obtain and affix a sticker supplied by the board or its agent and shall pay a deposit to the board or its agent in accordance with procedures prescribed by the board by rule. The sticker shall indicate that the deposit has been paid and shall be designed in accord with the board's rules.
The board may charge a reasonable fee, in addition to the required deposit, to pay for the cost of producing and distributing stickers.
After April 1, 1985, it shall be unlawful for any person to possess a limited or restricted use pesticide container subject to this section without a properly approved and affixed sticker, except pesticide dealers and distributors may hold containers if they are for sale and not for personal use.
[ 1985, c. 54, §1 (AMD) .]
6. Deposits refunded. Deposits will be refunded by pesticide dealers on all pesticide containers bearing the board's stickers at the place of business of the pesticide dealer who sold, bartered or traded the restricted or limited use pesticide, or if purchased out-of-state, by the board or its agent, or at a place otherwise established by regulation, provided that the containers have been triple rinsed or the equivalent in accord with the board's regulations prior to return.
[ 1985, c. 54, §1 (AMD) .]
7. Authority to adopt rules. The board may promulgate rules and take such other actions as it deems necessary to carry out the provisions of this section.
[ 1983, c. 542, §§2, 3 (NEW) .]
SECTION HISTORY
1983, c. 542, §§2,3 (NEW). 1985, c. 54, §1 (AMD).