Guam § 44105 - Deposit Beverage Container Fee.

§ 44105. Deposit Beverage Container Fee.

(a) Every deposit beverage distributor shall pay to the

Department a deposit beverage container fee on each individual

beverage container manufactured in or imported into Guam that has

been identified by the Department on the list of approved

containers. The fee shall be imposed only once on the same deposit

beverage container. The fee shall begin at a rate of five cents (5¢)

per deposit beverage container, unless and until the Department

determines otherwise as in accordance with § 44105(d) of this

Chapter 44.

(b) No taxes on deposit fees. No taxes shall be assessed or

collected on deposit beverage container fees accepted by dealers for

products approved in this Chapter 44 for recycling purposes.

(c) Types of containers upon which deposit beverage

container fees shall be levied must be first approved by the Board

for placement upon the List of Approved Containers identified for

recycling deposits.

(d) In its administration and implementation of this Chapter

44, the Board shall, after the first year of implementation and every

two years thereafter, examine and may elect to increase or decrease

either or both the deposit beverage container fee and the refund

value. While the Administrative Adjudication law shall not apply to

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any decision by the Board to decrease said amounts, the

Administrative Adjudication law shall apply to any decision by the

Board to increase said amounts, and any such increase shall be

based upon the handling fee and the redemption rate calculated

annually based on information submitted to the Department in

accordance with § 44105(b) of this Chapter 44.

(e) Except as may otherwise be provided in this Act, levy of

the deposit beverage container fee imposed upon beverage

containers shall begin immediately after the effective date of the

voluntary agreement described in § 44119 of this Chapter 44.

Redeemers shall be able to redeem beverage containers at certified

redemption centers beginning six (6) months after the date said levy

first occurs.