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



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



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



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



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



(f)  The amount due from a deposit beverage
distributor shall be the net number of deposit beverage containers sold
multiplied by the sum of the prevailing deposit beverage container fee and the
deposit value of 5 cents.  Payment shall be made by check or money order
payable to the "Department of Health, State of Hawaii".  All reports
and payments shall be made no later than the fifteenth day of the month
following the end of the previous payment period.



(g)  The department may allow dealers to charge
customers the refund value beginning November 1, 2004; provided that the
deposit beverage containers are clearly marked with the refund value and the
deposit beverage distributor has paid the refund value on each container to the
department.  The dealer shall inform customers that the deposits paid prior to
January 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]