§9–2501.

    (a)    In this subtitle the following words have the meanings indicated.

    (b)    “Advisory council” means the producer responsibility advisory council established under § 9–2503 of this subtitle.

    (c)    “Local government” means:

        (1)    A county; or

        (2)    A municipality.

    (d)    “Organics recycling” has the meaning stated in § 9–1701 of this title.

    (e)    (1)    “Packaging materials” means, regardless of recyclability, any part of a package or container, including material that is used for the containment, protection, handling, delivery, and presentation of a product that is sold, offered for sale, imported, or distributed in the State.

        (2)    “Packaging materials” includes:

            (i)    Primary, secondary, and tertiary packaging intended for the consumer market;

            (ii)    Service packaging designed and intended to be filled at the point of sale, including:

                1.    Carry–out bags;

                2.    Bulk goods bags; and

                3.    Take–out and home delivery food service packaging; and

            (iii)    Beverage containers.

        (3)    “Packaging materials” does not include:

            (i)    Any part of a package or container that is sold or supplied in connection with:

                1.    A pesticide product regulated by the Federal Insecticide, Fungicide, and Rodenticide Act under 7 U.S.C. § 136 et seq. or any other applicable federal law, rule, or regulation;

                2.    A federally regulated drug, medical device, biologic, diagnostic, or dietary supplement including items intended for animals; or

                3.    A medical product that is required to be sterile or enclosed in packaging with tamper–resistant seals to protect public health, including medical products intended for animals; or

            (ii)    Liquefied petroleum gas containers that are designed to be refilled.

    (f)    (1)    “Producer” means a person that:

            (i)    With respect to packaging materials used to directly protect or contain a product sold, offered for sale, or distributed in the State:

                1.    A.    Has legal ownership of the brand of the product under which the product is sold; or

                B.    Is the manufacturer of the product, if the product is sold in packaging materials that lack identification of the brand;

                2.    Is the 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; or

                3.    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 in the State, if there is no person described in items 1 and 2 of this item; and

            (ii)    With respect to packaging materials used to ship a product to a consumer in the State, is the person that packages and ships the product.

        (2)    “Producer” does not include:

            (i)    A local government;

            (ii)    A nonprofit charitable organization;

            (iii)    An entity that manufactures a drug or device authorized for sale by the U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act;

            (iv)    An entity that generated less than $5,000,000 in gross revenue during the immediately preceding calendar year;

            (v)    An entity that sold, offered for sale, or distributed for sale in the State during the immediately preceding calendar year less than 1 metric ton of packaging materials;

            (vi)    1.    An entity that owns or operates a restaurant, food cart, or similar establishment that:

                A.    Is headquartered in the State; and

                B.    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

                2.    Is not a producer of food serviceware;

            (vii)    An entity that owns or operates a single retail sales establishment that:

                1.    Has no online sales; and

                2.    Is not supplied or operated as part of a franchise or a chain; or

            (viii)    1.    An entity that is licensed under Title 2 of the Alcoholic Beverages and Cannabis Article; and

                2.    Generated less than $10,000,000 in gross revenue during the immediately preceding calendar year; or

            (ix)    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.

    (g)    “Producer responsibility organization” means a nonprofit organization that is:

        (1)    Exempt from taxation under § 501(c)(3) of the Internal Revenue Code; and

        (2)    Created by a group of producers to represent the interests of producers under this subtitle.