[PART
VIII.]  DEPOSIT BEVERAGE CONTAINER PROGRAM



 



Note



 



  L 2004, c 241, §13 provides:



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



  "Recycling drop-off facility" means a structure or
site designated for collection and small scale (low technology) segregation of
recyclable materials.  The staffed or unstaffed site will receive and
temporarily 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-in
all requirements affecting the redemption of sixty-eight-fluid-ounce
containers, beginning December 1, 2007, as follows; provided that the phase-in
shall be completed by March 1, 2008:



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



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



  (3) Beginning
March 1, 2008, every deposit beverage container holding up to sixty-eight fluid
ounces and sold in the State shall be marked as required under section
342G-112(a), Hawaii Revised Statutes; and



  (4) Beginning
March 1, 2008, only deposit beverage containers meeting the requirements of section
342G‑112(a), Hawaii Revised Statutes, shall be eligible for redemption.



  SECTION 12.  (a)  The legislature finds that the public
interest in protecting the environment takes precedence over the delay in
implementation of redemption of sixty-eight-fluid-ounce beverage containers
under this Act.  The legislature finds that the redemption rate is below the
balance of the deposit beverage container deposit special fund.



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



 



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



"Auditor" means the office of the
auditor.



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



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



(2)  Marine vessels for hire that do not provide
overnight accommodations for at least fifty passengers, determined with
reference to the number of lower berths and based on an average of two persons
per cabin.



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



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



"Department" means the department of
health.



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



The term "deposit beverage" excludes
the following:



(1)  A liquid which is:



(A)  A syrup;



(B)  In a concentrated form; or



(C)  Typically added as a minor flavoring
ingredient in food or drink, such as extracts, cooking additives, sauces, or
condiments;



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



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



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



(5)  Products designed to be consumed in a frozen
state;



(6)  Instant drink powders;



(7)  Seafood, meat, or vegetable broths, or soups, but
not juices; and



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



"Deposit beverage container" means
the individual, separate, sealed glass, polyethylene terephthalate, high
density polyethylene, or metal container less than or equal to sixty-eight
fluid ounces, used for containing, at the time of sale to the consumer, a
deposit beverage intended for use or consumption in this State.



"Deposit beverage distributor" means
a person who is a manufacturer of beverages in deposit beverage containers in
this State, or who imports and engages in the sale of filled deposit beverage
containers to a dealer or consumer.  The term includes federal agencies and military
distributors, but does not include airlines and shipping companies that merely
transport deposit beverage containers.



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



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



"On-premises consumption" means the
consuming of deposit beverages by a patron immediately and within the area
under control of the establishment, including bars, restaurants, passenger
ships, and airplanes.



"Patron" means a person who buys a
beverage in a deposit beverage container for use or consumption and does not
pay 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 other
legal entity.



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



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



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



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



"Refillable beverage container" means
any deposit beverage container which ordinarily would be returned to the
manufacturer to be refilled and resold.



"Reverse vending machine" means a
mechanical device, which accepts one or more types of empty deposit beverage
containers and issues a redeemable credit slip with a value not less than the
container's refund value.  The refund value payments shall be aggregated and
then paid if more than one container is redeemed in a single transaction. [L
2002, c 176, pt of §2; am L 2004, c 241, §2; am L 2005, c 206, §2; am L 2007, c
285, §2]