(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.

SOURCE: Added by P.L. 30-221:3 (Dec. 30, 2010). P.L. 32-100:1 (Nov.
28, 2013) amended subsections (m), (o), (p), (q), (r) & (s); and added subsections (o) and (bb). Subsections (o) and (bb) were codified by the Compiler as subsection (bb) and (cc) respectively, pursuant to authority granted by 1 Guam Code Ann. § 1606.