Guam § 44103 - Definitions.

§ 44103. Definitions.

As used in this Chapter:

(a) Administrator means the Administrator of the Guam

Environmental Protection Agency.

(b) Auditor means the Office of Public Accountability.

(c) Beverage means all beverages for human

consumption. For purposes of this Chapter the term beverage

shall not include items sold in a non-liquid, or frozen form or

liquid intended for medicinal purposes only.

(d) Beverage container means the individual, separate,

sealed glass, high density polyethylene, metal, plastic bottle,

can, jar, or carton, with a total volume of less than or equal to

sixty-eight (68) fluid ounces, used for containing, at the time of

sale to the consumer, a beverage intended for use or

consumption. Beverage containers may be for single use or for

multiple uses

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(e) Board means the Board of Directors of the Guam

Environmental Protection Agency.

(f) Commercial passenger vessel means any domestic or

foreign-flagged marine vessel or air carrier used primarily for

transporting persons to and from Guam and to and from other

destinations. The term does not include:

(1) marine vessels authorized to carry fewer than

twenty (20) passengers; or

(2) marine vessels for hire that do not provide

overnight accommodations for at least twenty (20)

passengers, and based on an average of two (2) persons

per cabin.

(g) Consumer means a person who buys a beverage in a

deposit beverage container for use or consumption and pays

the deposit.

(h) Dealer means every person who engages in the sale

of deposit beverages in deposit beverage containers to a

consumer for use or consumption.

(i) Department means the Guam Environmental

Protection Agency.

(j) 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 that 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;

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(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.

(k) Deposit beverage container means the individual,

separate, sealed glass, polyethylene terephthalate, high density

polyethylene, or metal container less than or equal to sixty-

eight (68) fluid ounces, used for containing, at the time of sale

to the consumer, a deposit beverage intended for use or

consumption in Guam.

(l) Deposit Beverage Distributor means a business,

whether licensed in Guam or not, that engages in the sale or

distribution of any and all deposit beverages, as defined in §

44103 (j), in a deposit beverage container, as defined in §

44103 (k), to a dealer in Guam, including any manufacturer

who engages in such sales and imports and sells such products

to either or both consumers and retailers located on either or

both federal and private property. Deposit Beverage Distributor

also means a Wholesaler.

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(m) Deposit Beverage Container Fee refers to the amount

paid by every deposit beverage distributor to the Department

for each individual beverage container manufactured in or

imported into Guam that has been identified by the Department

as recyclable and requiring a deposit. The deposit beverage

container fee shall be based on the following formula:

Redemption Rate (+) Handling Fee (+) the Department’s

administrative costs.

(n) Escheat means the deposit fee paid to a dealer or

deposit beverage distributor that remains unclaimed and

becomes department property.

(o) Import means to buy, bring, or accept delivery of

deposit beverage containers from an address, supplier, or any

entity outside of Guam.

(p) Importer means any person who buys, brings, or

accepts delivery of deposit beverage containers from outside of

Guam for sale or use within Guam.

(q) List of Approved Containers means the list compiled

by the Board of approved containers identified for recycling

deposits. Containers may not be placed upon the list unless an

economically viable process to recycle, reuse, convert to

energy, or physically remove containers from Guam has been

established or will be established concurrent with placement

upon said list.

(r) Manufacturer means every person producing

recyclable products, including those who package or fill

recyclable products for sale to distributors or dealers.

(s) On-premises consumption means to consume deposit

beverages by a consumer immediately and within the area

under control of the establishment, including bars, restaurants,

commercial passenger vessels, and airplanes.

(t) Person means an individual, corporation, company,

association, partnership, federal agency, or agency of the

government of Guam.

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(u) 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 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 post-consumer material whether manufactured

locally or produced off-island.

(v) Redeemer means a person, other than a dealer or

distributor, who demands the refund value in exchange for an

empty deposit beverage container.

(w) Redemption center means an operation that accepts

empty deposit beverage containers from redeemers 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.

(x) Refillable beverage container means any deposit

beverage container, which ordinarily would be returned to the

manufacturer to be refilled and resold.

(y) Refund value refers to the amount of the deposit fee

refunded to a redeemer in exchange for an empty deposit

beverage container.

(z) Reverse vending machine means a mechanical

device, which accepts one (1) or more types of empty deposit

beverage containers, and issues coins or a redeemable credit

slip with a value not less than the container’s refund value.

(aa) Wholesaler means a Deposit Beverage Distributor.

(bb) Handling Fee refers to the premium payment the

Department pays to a certified redemption center to offset the

costs incurred by the latter in connection with the latter’s

processing of redeemed beverage containers.

(cc) Redemption rate refers to 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

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beverage containers sold, and then multiplying that number by

one hundred.