Chapter 465 Maryland Senate Bill 222 (2023) - (Passed)

Packaging materials means, regardless of recyclability any part of a package or container, including material used for containment, protection, handling, delivery, and presentation. This includes primary, secondary, and tertiary packaging intended for the consumer market, and service packaging designed and intended to be filled at the point of sale (i.e. carry out bags, take-out food service packaging).

Beverage containers are included as covered products.

Packaging materials does not include any part of a package or container that is sold in connection with:

1. Pesticide products regulated by the Federal Insecticide, Fungicide, and Rodenticide Act
2. Federally regulated drug, medical device, dietary supplement, biologic or diagnostic, including items intended for animals
3. Medical products required to be sterile or in tamper-resistant packaging, including medical products for animals
4. Liquified petroleum gas containers that are designed to be refilled.

Producer is defined as a person (that with respect to packaging materials used to directly protect or contain a product) who either has legal ownership of the brand of the product under which the product is sold or is the manufacturer of the product, if the product is sold in packaging materials that lack identification of the brand.

Producer also includes a person that is a licensee of the brand or trademark under which the product is sold, whether or not the trademark is registered in the state, if the product is manufactured by a person other than the brand owners.

If there is no brand owner or licensee, the producer is the person that imports the product into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the item. The person that packages and ships the product is the producer with respect to packaging materials used to ship a product to a consumer in the state.

The definition of Producer does not include those that generated less than $5,000,000 in gross revenue during the immediately preceding calendar year; sold, offered for sale, or distributed for sale less than 1 ton of packaging materials. The definition of Producer also does not include someone who owns or operates a restaurant, food car or similar establishment that is headquartered in the state, and primarily sells to members of the public food that is intended to be consumed immediately, without further preparation, and is not a producer or food serviceware.

The definition of Producer does not include local governments.

The definition of Producer does not include non-profit charitable organizations

The definition of Producer does not include those that own or operate a single retail sales location that has no online sales and is not supplied or operated as part of a franchise or chain, or licensed under title 2 or the alcoholic beverage article, and generated less than $10,000,000 in gross revenue during the immediately preceding calendar year. Additional exclusions include an entity that manufactures a drug or device authorized by sale by the US Food and Drug Administration under the Food, Drug, and Cosmetic Act and an entity that has executed an agreement with another entity, under which the other entity has agreed to assume responsibility under a producer responsibility program for any packaging materials attributable to the first entity.

The Producer Responsibility Organization means a nonprofit organization.

On or before October 1, 2023 the department shall approve a single producer responsibility organization to represent the interests of producers.

The purpose of the advisory council is to provide advice and make recommendations regarding establishing and implementing a producer responsibility program in the state for packaging materials. The advisory council shall consist of 21 members appointed by the secretary. Representatives will include:

1. Local government agencies responsible for recycling programs
2. Recyclables and compostable material collectors from both public and private sectors
3. Recycling processors from both public and private sectors
4. Organic recycling processors
5. Producers from the consumer goods sector
6. Retail and small businesses
7. Material oriented trade groups
8. Representatives of at least two nonprofits organizations in the state with missions related to reducing waste
9. Representative from each producer responsibility organization approved by the department
10. At least one representative of an environmental advocacy organization
11. At least one representative of an environmental justice advocacy organization
12. At least two members of the public who reside in the state

On or before December 1, 2024 the advisory council shall report its findings and recommendations to the governor, the senate committee on education, energy, and the environment, and the house environment and transportation committee.