In this chapter, the following terms have the meanings indicated. Terms Defined. “Advisory council” means producer responsibility advisory council established to provide advice and make recommendations regarding establishing and implementing a producer responsibility program in the State for covered materials, including advice on drafting, amending, and implementing producer responsibility plans. “Alternative Collection Program” means the collection of a specific covered material category that is not generally collected through curbside services. Beverage Container. “Beverage container” means a prepackaged beverage container: Made of any material including glass, plastic, metal, paper, or multimaterials; In any form, including a bottle, can, carton, or pouch; and The volume of which is not more than 5 liters. “Beverage container” does not include a prepackaged beverage container that is covered under a beverage container deposit program in the State that is legislatively mandated. “Bioplastic” means processed starches or other materials that would be considered a plastic-like or organic material that includes but is not limited to polylactic acid (PLA), polyhydroxyalkanoate (PHA), and polyhydroxybutyrate (PHB). “Brand owner” means a person that owns or licenses a brand or that otherwise has rights to market a product under the brand whether or not the brand’s trademark is registered. Bound Book. “Bound book” means printed paper permanently assembled and protected by a cover, such as a hardcover or paperback and affixed using adhesives or thread. “Bound book” excludes magazines. “Composting” has the meaning stated in Environment Article, §9-1701, Annotated Code of Maryland. “Composting facility” has the meaning stated in Environment Article, §9-1701, Annotated Code of Maryland. “Compostable” or “compostable products” means packaging or paper products that meet the definition of compostable products as defined in COMAR 26.04.11.02. Covered Entity. “Covered entity” means a person or location that receives covered services for covered materials in accordance with Environment Article, Title 9, Subtitle 25, Annotated Code of Maryland, “Covered entity” includes: A single-family residence; A multi-family residence; A public or non-public kindergarten, elementary, or secondary school, and its campus; A childcare center as defined in the Education Article, §9.5-401, Annotated Code of Maryland; A public building owned or operated by the state or a local government, including leased and rented properties that a state or local government operates; Parcels of land owned, operated, or leased by the State or a local government including parks, State and local highways, and areas associated with open space for the public as identified in local zoning; and An industrial, commercial, or institutional building that source separates paper products for recycling and those paper products do not meet the definition of packaging. “Covered entity” may exclude the portions of a building that are not owned, leased or rented by either the State or a local government, as approved by the Department. Covered Materials. “Covered materials” means packaging and paper products sold, offered for sale, imported, or distributed in the State. “Covered materials” does not include exempt or excluded materials as defined in this chapter. “Covered material type” means a singular and specific type of covered material, such as paper, plastic, metal, or glass, that: Can be categorized based on distinguishing chemical or physical properties, including properties that allow the material type to be aggregated into a discrete commodity category for purposes of reuse, recycling, or composting; and Is based on similar uses in the form of a product or package. Covered Services. “Covered services” means: Collecting, transferring, transporting, sorting, processing (including the cleaning of covered materials to ensure recovery in the form of recycling, reuse, or refill), recovering, preparing, or otherwise managing covered materials for purpose of waste reduction, reuse, recycling or composting; and Public education and outreach activities related to the activities described in §B(13)(a)(i) of this regulation. “Covered services” includes: Litter cleanups where covered materials are collected, sorted, transported and processed for recycling; and Reuse and refill services. “Covered services” does not include disposal of covered materials. “De minimi Introduced less than one ton of covered material into the State; or Earned global gross revenues of less than $2,000,000. “Environmental impact” means the impact of a covered material on human health and the environment, beginning with the extraction and processing of the raw materials that compose the covered materials through the manufacturing, distribution, use, recovery for reuse, recycling or composting, and final disposal of the covered material. “Exempt material” means a material, or any portion of a material that is: Primary packaging for infant formula, as defined in 21 U.S.C. § 321(z); Primary packaging for medical food, as defined in 21 U.S.C. § 360ee(b)(3); Primary packaging for a fortified oral nutritional supplement, or food which is formulated to be consumed or administered enterally for individuals who are unable to consume nutrition orally, used by individuals who require supplemental or sole source nutrition to meet nutritional or special dietary needs directly related to cancer, kidney disease, diabetes, malnutrition, or failure to thrive conditions, as defined by the International Classification of Diseases, Tenth Revision; Primary packaging for a product regulated as a drug or medical device by the U.S. Food and Drug Administration, including associated components and consumable medical equipment; Primary packaging for medical equipment or a product used in medical settings that is regulated by the U.S. Food and Drug Administration, including associated components and consumable medical equipment; Primary packaging for drugs, biological products, parasiticides, medical devices, or in vitro diagnostics that are used to treat, or that are administered to, animals and are regulated by the U.S. Food and Drug Administration under the federal Food, Drug, and Cosmetic Act or by the U.S. Department of Agriculture under the federal Virus–Serum–Toxin Act; Primary packaging for products regulated by the U.S. Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act; Primary packaging used to contain liquefied petroleum gas and designed to be refilled; Newsprint subject to Environment Article § 9–1707, Annotated Code of Maryland; A paper product used for a magazine’s print publication that has a circulation of less than 95,000 and that primarily includes content derived from primary sources related to news and current events; Primary packaging used to contain hazardous or flammable products regulated under the 2012 federal Occupational Safety and Health Administration Hazard Communication Standard that prevent the packaging from being waste reduced or made reusable, recyclable, or compostable, as determined by the Department; Primary packaging for products subject to the Paint Stewardship Program under Environment Article, Title 9, Subtitle 17, Part V, Annotated Code of Maryland; Material that a producer distributes to another producer that meets the definition of packaging, and is subsequently used to contain a product that is distributed to an industrial, commercial, or institutional business or entity, and is not introduced to a person other than the industrial, commercial, or institutional business or entity that first received the product; or Packaging used for the long–term protection or storage of a product that has a lifespan of not less than 5 years, as determined by the Department. “Individual Producer Responsibility Plan (IPP)” means a plan developed by a producer who chooses to assume responsibility for submitting a Producer Responsibility Plan individually instead of through a Producer Responsibility Organization (PRO). “Local government” means: A county; or A municipality. Long-term Packaging. “Long-term packaging” means packaging fabricated from paper, plastic, metal, glass, or multimaterial that; Has a mechanism to reseal and encase the product and is not designed for single use closure; and The product within the long-term packaging has a lifespan of not less than 5 years as determined by the Department. “Long-term packaging” does not mean packaging for consumables, or products that diminish in quantity or degrade with use. “Long-term packaging” does not mean packaging that would diminish or degrade within 5 years. Multimaterial. “Multimaterial” means: Objects, processes or systems that incorporate two or more distinct and heterogeneous materials; Materials that are integrated within a single component, allowing for combinations of characteristics within a single part; Multiple layers that are not able to be separated by the consumer or mechanically separated; or Paper products that have integrated non-fiber components including embossed or impregnated materials. “Multimaterial” does not mean minor coatings, inks, or adhesives applied for printing, labeling, or surface protection, unless those components materially affect the recyclability or compostability of the product, as determined by the Department. Packaging. “Packaging” means a material, a substance, or an object that is used to protect, contain, transport, serve, or facilitate the delivery of a product that is sold or supplied with the product to the consumer for personal, noncommercial use and that is sold, offered for sale, imported, or distributed in the State. “Packaging” includes: Primary, secondary, and tertiary packaging intended for the consumer market; Service packaging designed and intended to be filled at the point of sale, including: carry–out bags; bulk goods bags; take–out and home delivery food service packaging; Beverage containers; and Labels affixed to packaging or products. “Packaging” does not include packaging that is sold as a product that is empty at the time of sale. Paper Products. “Paper products” means products made primarily from wood pulp or other cellulosic fibers. “Paper products” includes paper products offered for sale, imported, or distributed in the State and sold or supplied for use within the residential, industrial, commercial, and institutional sectors. “Paper products” does not include: Bound books; Products that are not accepted by materials recycling facilities or composting facilities because of the unsafe or unsanitary nature of the products; or Paper products that also meet the definition of packaging in this regulation. “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity. “Primary packaging” means packaging that is most closely containing the product, including packaging that is most closely containing the food or beverage. Producer. “Producer” means a person that is responsible for compliance with a producer responsibility plan under Environment Article, Title 9, Subtitle 25, Annotated Code of Maryland, in order of who is first obligated if the material is sold or distributed in the State, as qualified by: For packaging, §§B(25)(b), (c), (d), and (g) of this regulation; and For paper products, §B(25)(e) and (f) of this regulation. “Producer” includes, for items sold in or with packaging at a physical retail location in the State: The manufacturer of an item that is sold in or with packaging under the brand of the item manufacturer or is sold in packaging without brand identification; If there is no person described in §B(25)(b)(i) of this regulation, the person that is licensed to manufacture and sell or offer for sale to consumers in the State an item with packaging under the brand or trademark of another manufacturer or person; If there is no person described in §§B(25)(b)(i) and (ii) of this regulation, the brand owner of the item; If there is no person described in §§B(25)(b)(i)—(iii) of this regulation within the United States, 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 in the State; or If there is no person described in §§B(25)(b)(i)—(iv) of this regulation, the person that first distributes the item in or into the State. “Producer” includes, for items sold or distributed in packaging in or into the State via e–commerce, remote sale, or online distribution: For packaging used directly to protect or contain the item, the producer of the packaging is a producer under §B(25)(a)(i) of this regulation; and For packaging used to ship the item to a consumer, the producer of the packaging is the person that packages the item to be shipped to the consumer. “Producer” includes, for packaging that is not described in§§B(25)(b) and (c) of this regulation, the producer of the packaging is the person that first distributes the item in or into the State. “Producer” includes, for paper products that are magazines, catalogs, telephone directories, or similar publications, the producer is the publisher. “Producer” includes, for a paper product not described in §B(25)(e) of this regulation: If the paper product is sold under the manufacturer’s own brand, the producer is the person that manufactures the paper product; If there is no person described in §B(25)(f)(i) of this regulation, the producer is the person that is the owner or licensee of a brand or trademark under which the paper product is used in a commercial enterprise, sold, offered for sale, or distributed in the State, whether or not the trademark is registered in the State; If there is no person described in §§B(25)(f)(i) and (ii) of this regulation, the producer is the brand owner of the paper product; or If there is no person described in §§B(25)(f)(i)—(iii) of this regulation within the United States, the producer is the person that imports the paper product into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the paper product in the State. For a producer identified in §§B(25)(b), (c), and (d) of this regulation that is a business operated wholly or in part as a franchise, the producer of the packaging is the franchisor if the franchisor has franchisees that have a commercial presence in the State, including operation in the State. “Producer” does not include a State, or federal agency, a political subdivision, or other governmental unit; “Producer” does not include a registered 501(c)(3) charitable organization or 501(c)(4) social welfare organization “Producer” does not include a “de minimis producer”. “Producer” does not include a mill that uses any virgin wood fiber in the products it produces. “Producer” does not include a paper mill that produces container board derived from 100 percent postconsumer recycled content and non-postconsumer recycled content; “Producer” does not include an entity that owns or operates a restaurant, food cart, or similar establishment that: Is headquartered in the State; Primarily sells to members of the public food that is generally intended to be consumed immediately and without the need for further preparation, either on or off the premises; and Is not a producer of food serviceware. “Producer” does not include an entity that owns or operates a single retail sales establishment that: Has no online sales; and Is not supplied or operated as part of a franchise or a chain; “Producer” does not include an entity that: Is licensed under Alcoholic Beverages and Cannabis Article, Title 2, Annotated Code of Maryland; and Generated less than $10,000,000 in gross revenue during the immediately preceding calendar year. “Producer” does not include a producer under §§B(25) (a)—(g) of this regulation that has executed an agreement with another entity, under which the other entity has agreed to assume responsibility by written certification under a producer responsibility program for any packaging materials attributable to the first entity. “Producer Responsibility Organization (PRO)” means a nonprofit organization that is: Exempt from taxation under §501(c)(3) of the Internal Revenue Code; and Created by a group of producers to implement a producer responsibility plan in accordance with the Environment Article, §9-2505, Annotated Code of Maryland; and Approved by the Department to implement an approved Producer Responsibility Plan on behalf of producers of covered materials. “Producer Responsibility Plan” means a covered materials producer responsibility plan submitted to the Department by an individual producer through an IPP, or submitted by a PRO as defined in the Environment Article, §9-2505, Annotated Code of Maryland. Recycling. “Recycling” means the process of collecting, sorting, cleansing, treating, and constituting materials that would otherwise be disposed of and returning them to or maintaining them with the economic mainstream in the form of recovered material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace. “Recycling” does not include: Landfilling; Combustion; Incineration; Energy generation; Fuel production; or Alternative daily cover or other forms of use or disposal within the footprint of a landfill. “Recycled covered material” means covered material that is sent to a responsible end market. “Recycling rate” means the amount of recyclable covered material, in aggregate or by individual covered material type, recycled in a calendar year divided by the total amount of recyclable covered materials sold or distributed into the State by the relevant unit of measurement. “Refill” means the continued use of a covered material by a consumer through a system that is: Intentionally designed and marketed for repeated filling of a covered material to reduce demand for new production of the covered material; Supported by adequate logistics and infrastructure to provide convenient access for consumers; and Compliant with applicable federal, State, and local statutes, rules, ordinances, and other laws governing health and safety. “Responsible end market” means a material market in which the recycling and recovery of materials or the disposal of contaminants is conducted in a way that: Benefits the environment; and Minimizes risks to public health and worker health and safety. “Return rate” means the amount of reusable covered material, in aggregate or by individual covered materials type, collected for reuse by a producer or service provider in a calendar year, divided by the total amount of reusable covered materials sold or distributed into the State by the relevant unit of measurement. “Reusable” means being capable of reuse. “Reuse” means the return of a covered material to the marketplace and the continued use of the covered material by a producer or service provider when the covered material is: Intentionally designed and marketed to be used multiple times for its original intended purpose without a change in form; Designed for durability and maintenance to extend its useful life and reduce demand for new production of the covered material; Supported by adequate logistics and infrastructure at a retail location, by a service provider, or on behalf of or by a producer, that provides convenient access for consumers; and Compliant with applicable federal, State, and local statutes, rules, ordinances, and other laws governing health and safety. “Reuse rate” means the share of units of a reusable covered material sold or distributed into the State in a calendar year that are demonstrated and deemed reusable in accordance with an approved producer responsibility plan. Service Provider. “Service provider” means an entity that provides covered services for covered materials. “Service provider” includes: A local government that provides, contracts for, or otherwise arranges with another party to provide covered services for covered materials within its jurisdiction regardless of whether the local government provided, contracted for, or otherwise arranged for similar services before the approval of the applicable producer responsibility plan. A private entity that is not contracted with a local government that provides covered services for covered materials, such as through a subscription model. “Secondary packaging” means any packaging intended to bundle, sell in bulk, brand, or display the product or that is not primary packaging or tertiary packaging. “Small format” means covered materials: With two or more sides measuring 2 inches or less; or A diameter of 2 inches or less at its widest point. “Tertiary packaging” means packaging intended to protect or facilitate the delivery of the product during transportation.