1.

Notifying Member: UNITED STATES OF AMERICA

If applicable, name of local government involved (Article 3.2 and 7.2): State of Maine

2.

Agency responsible:

Department of Environmental Protection (DEP), State of Maine [2222]

Name and address (including telephone and fax numbers, email and website addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above:

Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov

3.

Notified under Article 2.9.2 [ ], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], 3.2 [X], 7.2 [ ], other:

4.

Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): Plastic beverage containers; Environmental protection (ICS code(s): 13.020); Beverages (ICS code(s): 67.160); Plastics (ICS code(s): 83.080)

5.

Title, number of pages and language(s) of the notified document: Post-consumer Recycled Plastic Content in Plastic Beverage Containers; (5 page(s), in English)

6.

Description of content: Proposed implementation - In 2022, the Maine Legislature passed _Public Law Chapter 742 "An Act To Promote a Circular Economy through Increased Post-consumer Recycled Plastic Content in Plastic Beverage Containers." A circular economy is a model system where production, consumption, and recycling are intertwined together to ensure that materials never become waste but rather are reused thus reducing the environmental impact of human activities. This law works towards a circular economy by setting post-consumer recycled content usage requirements for initiators of deposits (IOD) and spirits manufacturers in the plastic beverage container industry. The reporting requirements in this law mandate that IODs and spirits manufacturers annually submit a report to Maine DEP detailing the amount of post-consumer recycled (PCR) plastic and overall percentages of plastic usage in beverage containers sold, offered for sale, and distributed in the previous year. It also establishes a waiver process and fee structure within the program to aid the department in measuring and ensuring compliance. Maine is one of just a handful of states that have passed laws requiring the usage of post-consumer recycled content to support the long-term sustainability of Maine's municipal recycling programs and beverage container redemption programs.

The DEP will hold a stakeholder meeting on the topic of post-consumer recycled content in plastic beverage containers on 23 April 2025 from 9:00 am to 12:00 pm Eastern Time. As a reminder, the meeting provides an opportunity to share comments and allow for discussion of those comments. The stakeholder meeting will be held in Room 101 of the Deering Building at 90 Blossom Lane, Augusta, Maine, and will also be available virtually. To RSVP for a stakeholder meeting, please email recycledcontent@maine.gov to receive a registration link. The DEP will use this meeting to solicit and accept feedback from all interested parties regarding program and rule development.

7.

Objective and rationale, including the nature of urgent problems where applicable: Protection of the environment

8.

Relevant documents:

Maine DEP Post-consumer Recycled Plastic Content in Plastic Beverage Containers: https://www.maine.gov/dep/waste/recycle/pcr.html

WTO Members and their stakeholders are asked to submit comments to the USA TBT Enquiry Point. Comments received by the USA TBT Enquiry Point from WTO Members and their stakeholders by 4pm Eastern Time on 23 April 2025 will be shared with the Maine DEP if received within the comment period.

9.

Proposed date of adoption: To be determined

Proposed date of entry into force: To be determined

10.

Final date for comments: 23 April 2025

11.

Texts available from: National enquiry point [ ] or address, telephone and fax numbers and email and website addresses, if available, of other body:

https://members.wto.org/crnattachments/2025/TBT/USA/25_02426_00_e.pdf