THE SENATE

S.B. NO.

2420

TWENTY-FIFTH LEGISLATURE, 2010

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the deposit beverage container program.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. The legislature finds that dietary supplements are excluded from the definition of "deposit beverage" under section 342G-101, Hawaii Revised Statutes, and their containers are excluded from the deposit beverage container program. There has been a significant increase in the number of beverages that are marketed as "energy" or "dietary" supplement drinks. Labeling of these products with the Hawaii recyclable refund label (HI-5) is inconsistent, and beverages are often sold in containers that are recyclable plastic, aluminum, or glass. The legislature further finds that the intended uses of these purported "energy" and "dietary" supplements are similar to, if not the same as, the intended use of many other sports drinks, sodas, and juice beverages that are sold in containers subject to the deposit beverage container program.

The purpose of this Act is to include energy and dietary supplement beverage containers in the deposit beverage container program.

SECTION 2. Section 342G-101, Hawaii Revised Statutes, is amended by amending the definition of "deposit beverage" to read as follows:

""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)] (3) 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)] (4) Products designed to be consumed in a frozen state;

[(6)] (5) Instant drink powders;

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

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

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2010.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Deposit Beverage Container Program; Dietary Supplements

 

Description:

Removes the exemption for dietary supplements from the deposit beverage container program.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.