HOUSE OF REPRESENTATIVES

H.R. NO.

135

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 
   


HOUSE RESOLUTION

 

REQUESTING THE DEPARTMENT OF HEALTH TO REFRAIN FROM RULEMAKING OR APPLYING ANY DEFINITION OF "MIXED WINE" OR "MIXED SPIRITS" UNDER THE DEPOSIT BEVERAGE CONTAINER LAW.

 

 

WHEREAS, the recently enacted deposit beverage container law under section 342G-101, Hawaii Revised Statutes, allows the public to collect a deposit for empty beverage containers; and

WHEREAS, the liquor industry is struggling with the new beverage container law because the law identifies two types of liquor beverages -- "mixed spirits" and "mixed wine" as qualifying for a beverage container deposit, but both terms are not defined under either federal or state law; and

WHEREAS, because of these undefined terms, retailers are unclear as to the intent of the beverage container law and have refused to carry any mixed spirit- or mixed wine-type products; and

WHEREAS, although the Department of Health is preparing to resolve this problem by adopting rules to define "mixed spirits" and "mixed wine", the ultimate authority to add definitions for these terms rests by law with the Legislature; and

WHEREAS, the Legislature is also interested in correcting other problem areas in the beverage container law, including problems with the definition of "cooler beverage"; and

WHEREAS, the adoption of rules at this time, by the Department of Health would be not only premature but also redundant, considering the Legislature's expressed interest in this matter; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, that the Director of Health is requested to refrain from rulemaking or applying any definition of "mixed spirits" or "mixed wine", or making any other change in the deposit beverage container law until the Legislature has formally acted on this issue; and

BE IT FURTHER RESOLVED that a certified copy of this Resolution be transmitted to the Director of Health.

 

 

 

OFFERED BY:

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Report Title:

Deposit Beverage Container Law; Mixed Spirits; Mixed Wine