§342G-111  Sales of beverages in depositbeverage containers; distributor report; fee and deposit payment.  (a)  ByJanuary 1, 2005, every deposit beverage distributor who pays a deposit to thedepartment shall charge the dealer or consumer a deposit equal to the refundvalue for each deposit beverage container sold in Hawaii.  The deposit chargemay appear as a separate line item on the invoice.

(b)  Each dealer shall charge the consumer thedeposit beverage container deposit at the point of sale of the beverage,excluding sales for on-premises consumption.  The deposit charge may appear asa separate line item on the invoice.

(c)  Each deposit beverage distributor shallgenerate and submit to the department a monthly report on the net number ofdeposit beverage containers sold, donated, or transferred by container size andtype.  All information contained in the reports, including confidentialcommercial and financial information, shall be treated as confidential andprotected to the extent allowed by state law.

(d)  Payment of the deposit beverage containerfee and deposits as described in section 342G-110 shall be made monthly basedon reports of the deposit beverage distributors under subsection (c).

(e)  Beginning January 1, 2005, a depositbeverage distributor who annually imports or manufactures one hundred thousandor fewer deposit beverage containers may submit reports and payments requiredunder subsections (c) and (d) on a semi-annual basis; provided that thesemi-annual report and payment period shall end on June 30 and December 31 ofeach year.

(f)  The amount due from a deposit beveragedistributor shall be the net number of deposit beverage containers soldmultiplied by the sum of the prevailing deposit beverage container fee and thedeposit value of 5 cents.  Payment shall be made by check or money orderpayable to the "Department of Health, State of Hawaii".  All reportsand payments shall be made no later than the fifteenth day of the monthfollowing the end of the previous payment period.

(g)  The department may allow dealers to chargecustomers the refund value beginning November 1, 2004; provided that thedeposit beverage containers are clearly marked with the refund value and thedeposit beverage distributor has paid the refund value on each container to thedepartment.  The dealer shall inform customers that the deposits paid prior toJanuary 1, 2005, shall not be redeemable until January 1, 2005. [L 2002, c 176,pt of §2; am L 2004, c 241, §5; am L 2007, c 285, §5]