[PARTVIII.]  DEPOSIT BEVERAGE CONTAINER PROGRAM

 

Note

 

  L 2004, c 241, §13 provides:

  "SECTION 13.  Unless modified hereafter pursuant tochapter 91, Hawaii Revised Statutes, the following definition shall supersedethe current definition of "recycling drop-off facility" as it appearsin title 11, chapter 58.1, Hawaii Administrative Rules:

  "Recycling drop-off facility" means a structure orsite designated for collection and small scale (low technology) segregation ofrecyclable materials.  The staffed or unstaffed site will receive andtemporarily store "dropped-off" recyclable materials."

  Sixty-eight-fluid-ounce deposit beverage containers.  L 2007,c 285, §§11 and 12 provide:

  "SECTION 11.  The department of health shall phase-inall requirements affecting the redemption of sixty-eight-fluid-ouncecontainers, beginning December 1, 2007, as follows; provided that the phase-inshall be completed by March 1, 2008:

  (1) FromDecember 1, 2007, distributors of deposit beverage containers may begin markingsixty-eight-fluid-ounce deposit beverage containers as required under section[342G-112(a)], Hawaii Revised Statutes;

  (2) FromDecember 1, 2007, until March 1, 2008, a sixty-eight-fluid-ounce depositbeverage container may be redeemed under the deposit beverage containerprogram, without regard to whether the container bears the refund value of thecontainer and the word "Hawaii" or the letters "HI",required by section 342G‑112(a), Hawaii Revised Statutes;

  (3) BeginningMarch 1, 2008, every deposit beverage container holding up to sixty-eight fluidounces and sold in the State shall be marked as required under section342G-112(a), Hawaii Revised Statutes; and

  (4) BeginningMarch 1, 2008, only deposit beverage containers meeting the requirements of section342G‑112(a), Hawaii Revised Statutes, shall be eligible for redemption.

  SECTION 12.  (a)  The legislature finds that the publicinterest in protecting the environment takes precedence over the delay inimplementation of redemption of sixty-eight-fluid-ounce beverage containersunder this Act.  The legislature finds that the redemption rate is below thebalance of the deposit beverage container deposit special fund.

  (b)  The department of health shall reimburse a redemptioncenter, from the deposit beverage container deposit special fund, the refundvalues paid to a redeemer, as defined in section 342G-101, Hawaii RevisedStatutes, for sixty-eight-fluid-ounce containers redeemed between December 1,2007, and March 1, 2008, pursuant to section 11 of this Act; provided that aredemption center shall provide collection reports under section 342G-119,Hawaii Revised Statutes, for the sixty-eight-fluid-ounce beveragecontainers."

 

§342G-101  Definitions.  As used in thispart, unless the context requires otherwise:

"Auditor" means the office of theauditor.

"Commercial passenger vessel" meansany domestic or foreign-flagged marine vessel or air carrier used primarily fortransporting persons to, from, or within the State.  The term does not include:

(1)  Marine vessels authorized to carry fewer thanfifty passengers; or

(2)  Marine vessels for hire that do not provideovernight accommodations for at least fifty passengers, determined withreference to the number of lower berths and based on an average of two personsper cabin.

"Consumer" means a person who buys abeverage in a deposit beverage container for use or consumption and pays thedeposit.

"Dealer" means a person who engagesin the sale of beverages in deposit beverage containers to a consumer foroff-premises consumption in the State.

"Department" means the department ofhealth.

"Deposit beverage" means beer, ale,or other drink produced by fermenting malt, mixed spirits, mixed wine, tea andcoffee drinks regardless of dairy-derived product content, soda, ornoncarbonated water, and all nonalcoholic drinks in liquid form and intendedfor internal human consumption that is contained in a deposit beveragecontainer.

The term "deposit beverage" excludesthe following:

(1)  A liquid which is:

(A)  A syrup;

(B)  In a concentrated form; or

(C)  Typically added as a minor flavoringingredient in food or drink, such as extracts, cooking additives, sauces, orcondiments;

(2)  A liquid which is a drug, medical food or infantformula as defined by the Federal Food, Drug, and Cosmetic Act (21 U.S.C. §301et seq.);

(3)  A liquid which is designed and consumed only as adietary supplement and not as a beverage as defined in the Dietary SupplementHealth and Education Act of 1994 (P.L. 103-417);

(4)  Products frozen at the time of sale to theconsumer, or, in the case of institutional users such as hospitals and nursinghomes, at the time of sale to the users;

(5)  Products designed to be consumed in a frozenstate;

(6)  Instant drink powders;

(7)  Seafood, meat, or vegetable broths, or soups, butnot juices; and

(8)  Milk and all other dairy-derived products, excepttea and coffee drinks with trace amounts of these products.

"Deposit beverage container" meansthe individual, separate, sealed glass, polyethylene terephthalate, highdensity polyethylene, or metal container less than or equal to sixty-eightfluid ounces, used for containing, at the time of sale to the consumer, adeposit beverage intended for use or consumption in this State.

"Deposit beverage distributor" meansa person who is a manufacturer of beverages in deposit beverage containers inthis State, or who imports and engages in the sale of filled deposit beveragecontainers to a dealer or consumer.  The term includes federal agencies and militarydistributors, but does not include airlines and shipping companies that merelytransport deposit beverage containers.

"Import" means to buy, bring, oraccept delivery of deposit beverage containers from an address, supplier, orany entity outside of the State.

"Importer" means any person who buys,brings, or accepts delivery of deposit beverage containers from outside theState for sale or use within the State.

"On-premises consumption" means theconsuming of deposit beverages by a patron immediately and within the areaunder control of the establishment, including bars, restaurants, passengerships, and airplanes.

"Patron" means a person who buys abeverage in a deposit beverage container for use or consumption and does notpay the deposit.

"Person" means individual,partnership, firm, association, public or private corporation, federal agency,the State or any of its political subdivisions, trust, estate, or any otherlegal entity.

"Recycling facility" means allcontiguous land and structures and other appurtenances, and improvements on theland used for the collection, separation, recovery, and sale [or] reuse ofsecondary resources that would otherwise be disposed of as municipal solidwaste, and is an integral part of a manufacturing process aimed at producing amarketable product made of postconsumer material.

"Redeemer" means a person, other thana dealer or distributor, who demands the refund value in exchange for the emptydeposit beverage container.

"Redemption center" means anoperation which accepts from consumers and provides the refund value for emptydeposit beverage containers intended to be recycled and ensures that the emptydeposit beverage containers are properly recycled.

"Redemption rate" means thepercentage of deposit beverage containers redeemed over a reporting period. The percentage is calculated by dividing the number of deposit beveragecontainers redeemed by the number of deposit beverage containers sold and thenmultiplying that number by one hundred.

"Refillable beverage container" meansany deposit beverage container which ordinarily would be returned to themanufacturer to be refilled and resold.

"Reverse vending machine" means amechanical device, which accepts one or more types of empty deposit beveragecontainers and issues a redeemable credit slip with a value not less than thecontainer's refund value.  The refund value payments shall be aggregated andthen paid if more than one container is redeemed in a single transaction. [L2002, c 176, pt of §2; am L 2004, c 241, §2; am L 2005, c 206, §2; am L 2007, c285, §2]