Hawaii House Bill 1264 (2025) - (Introduced)

Covered material or product means, regardless of recyclability:

1. Any part of a package or container, including material that is used for the containment, protection, handling, delivery, and presentation of a product that is sold, offered for sale, imported, or distributed in the State.
2. Primary, secondary, and tertiary packaging intended for the consumer market; service packaging designed and intended to be filled at the point of sale, including carry-out bags and bulk goods bags; and beverage containers.

Fast moving consumer good means a non-durable consumer good that is packaged using a covered material or product or covered material or product if the covered material or product is being sold as a product instead of being used as packaging.

Exemptions include any material that is used in the packaging of a product that is regulated as a drug, medical device, or dietary supplement by the United States Food and Drug Administration under the Federal Food, Drug, and Cosmetic or the Dietary Supplement Health and Education Act.

Producer means any person that:
Manufactures a fast-moving consumer good under the person’s own name or brand.

Covered producer means a producer that either:

1. Produces a packaging volume of more than ten thousand metric tons internationally or
2. Has international gross sales of fast-moving consumer goods of more than $500,000,000

Producer means any person that:
Sells, offers for sale, distributes, or imports a fast moving consumer good as owner or licensee of a trademark or brand under which a fast-moving consumer good is sold or distributed in the State.

Producer means any person that:
Sells, offers for sale, or distributes a fast-moving consumer good in the State.

Producer does not include the State or any of its political subdivisions.

The registration and each renewal shall include the covered producer’s sales volume for the preceding year and the estimated packaging volume placed in the market in the State by the covered producer’s sales volume during that year.

The packaging volume generated in the State shall be used to calculate the fee.

The fee to be paid at the time of registration or renewal shall be $100 for each metric ton of packaging placed in the market in the State by the covered producer.

Beginning on July 1, 2027, each covered producer shall register with the department and pay to the department a fee.

No later than July 1, 2027, the department shall adopt rules necessary to implement this program.

Beginning and ending on a date determined by rules adopted by the department, no covered producer shall sell or offer for sale any fast-moving consumer good for delivery in this State unless the covered producer has registered and complied with any other applicable provisions.

This shall take effect on July 1, 2025, and shall be repealed on July 1, 2032

If moneys remaining in the extended producer responsibility specIal fund when this Act is repealed, the department of health and the counties may continue to expend the remaining moneys in a manner consistent with this Act after July 1, 2032, until all moneys have been expended.

In the state treasury, the extended producer responsibility special fund is established. All fees, payments, and penalties collected by the department pursuant, any appropriation by the legislature into the special fund, any grant or donation, and any interest earned on the balance shall be deposited. The extended producer responsibility special fund shall be administered by the department.

Each covered producer who is registered shall submit an annual renewal of its registration by January 1 of each subsequent program year, with the payment of a fee.

The department may conduct or require audits and conduct inspections to determine compliance. The department and the attorney general may enforce this chapter and take necessary action against any covered producer for failure to comply with this chapter or rules.

The department shall issue a warning notice to a person for the person’s first violation of this chapter. The person shall comply with this chapter within sixty days of the date the warning notice was issued or be subject to the penalties provided by law or rule, including but not limited to penalties.

Any person who violates any requirement of this chapter may be assessed a penalty of up to $1,000 for the first violation and up to $2,000 for the second and each subsequent violation, in addition to any additional penalties required or imposed pursuant to this chapter; provided that each day of continued violation shall constitute a separate violation.

Each county shall develop a countywide needs assessment. Funds for the needs assessment will be transferred from the general fund to the extended producer responsibility special fund.

Reuse means to extend the life of a product, package, or resource, excluding materials used as a fuel substitute or for energy production (i.e. incineration), by either using it more than once with little to no processing (same or new function), repairing it so it can be used longer, or sharing, renting, selling, or donating it to another party.