06- 096 C.M.R. ch. 426, § 7

Current through 2024-51, December 18, 2024
Section 096-426-7 - Labeling Requirements
A. On printed labels, the refund value and the word "Maine" or the abbreviation "ME" must be clearly and conspicuously displayed on every beverage container using letters, numerals, and symbols not less than 1/8 inch high in clear and prominent typeface and a color contrasting with its background. The refund value may not be indicated on the bottom of the container.

For labels printed directly on the container, the refund value and the word "Maine" or the abbreviation "ME" must be printed using letters, numerals, and symbols not less than 1/8 inch high in clear and prominent typeface on a smooth and even surface, and in a color that contrasts with the background both when the container is full and when it is empty.

On metal beverage containers the refund value and the word "Maine" or the abbreviation "ME" must be embossed, incised, or printed clearly and conspicuously on the top of each beverage container using letters, numerals, and symbols not less than 1/8 inch high. On metal beverage containers sold with a sanitary cover that obscures the redemption value on the top of the container, the refund value and the word "Maine" or the abbreviation "ME" must also be printed clearly on the container label using letters, numerals, and symbols not less than 1/8 inch high.

B. For Wine and Spirit Products with labeling that does not include the required refund value, the Initiator of Deposit shall ensure that a Department-approved sticker that clearly identifies the Initiator of Deposit and the deposit/refund value is affixed to the Product container. Prior to the sale of a Wine or Spirit container to which a separate sticker stating the refund value is to be affixed, the Initiator of Deposit shall submit a sample of the sticker to the Department for approval. Approval will be based on the readability, suitability, and durability of the sticker. The Initiator of Deposit on other Liquor Products, other than Products in metal beverage containers, may seek approval to affix an approved refund value sticker to their Product for a limited time to allow product sale in Maine until the Product label can be modified to include the Maine deposit/refund value.
C. When the Distributor is the Initiator of Deposit, a Manufacturer shall provide its Distributor with evidence that its Product is labeled in accordance with Subsection A, or shall contract with a Product Distributor in Maine to label each Product in accordance with Subsection B.A Distributor acting as an Initiator of Deposit may request the Department review Manufacturer Product labels for compliance with this Section as part of its product label registration. If such a request is made, the Product may not be offered for sale in Maine until the Department completes label review and finds that the label meets the standards in this Section.
D. With the exception of Wine products, all beverage containers sold in the State of Maine must bear a UPC or EAN that is unique to each combination of Beverage brand, container Type, Size and flavor. Malt liquors of the same Beverage brand may utilize one UPC for EAN for their seasonal products in the same container type and size.

06- 096 C.M.R. ch. 426, § 7