Bill Text: IA HF2155 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the applicability of beverage containers control provisions and the handling fees pursuant to those provisions.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-01-31 - Subcommittee: Klein, Isenhart and Wheeler. H.J. 181. [HF2155 Detail]
Download: Iowa-2017-HF2155-Introduced.html
House File 2155 - Introduced HOUSE FILE BY McKEAN, ISENHART, BAUDLER, MAXWELL, SHEETS, HAGER, BERGAN, LUNDGREN, MOHR, SALMON, BACON, McCONKEY, FISHER, LENSING, WINCKLER, HOLZ, BAXTER, WOLFE, GUSTAFSON, GASKILL, KRESSIG, RUNNING=MARQUARDT, HUNTER, STECKMAN, STAED, MASCHER, BENNETT, BRECKENRIDGE, KAUFMANN, BROWN=POWERS, R. SMITH, NIELSEN, ANDERSON, OLDSON, KURTH, ABDUL=SAMAD, ZUMBACH, JACOBY, COHOON, HEATON, and WESSEL=KROESCHELL A BILL FOR 1 An Act relating to the applicability of beverage containers 2 control provisions and the handling fees pursuant to those 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5470YH (4) 87 js/rn PAG LIN 1 1 Section 1. Section 455C.1, subsections 1 and 2, Code 2018, 1 2 are amended to read as follows: 1 3 1. a. "Beverage" means: 1 4 (1)wineWine as defined in section 123.3, subsection 47,. 1 5 (2)alcoholicAlcoholic liquor or intoxicating liquor as 1 6 defined in section 123.3, subsection 5,. 1 7 (3)beerBeer as defined in section 123.3, subsection 7,. 1 8 (4)mineralMineral water, soda water, and similar 1 9 carbonated soft drinksin liquid form and intended for human 1 10 consumption. 1 11 (5) Any liquid identified through the use of letters, 1 12 words, or symbols on its product label as a type of water, 1 13 including any flavored water or nutritionally enhanced water, 1 14 in a container more than or equal to four fluid ounces and less 1 15 than three liters. 1 16 (6) Tea and coffee drinks, regardless of dairy=derived 1 17 content, in a container more than or equal to four fluid ounces 1 18 and less than three liters. 1 19 (7) Any other liquid that is intended for human consumption 1 20 and is in a container more than or equal to four fluid ounces 1 21 and less than three liters. 1 22 b. For the purpose of this chapter, the term "beverage" 1 23 excludes the following: 1 24 (1) A liquid that is a syrup, in a concentrated form, or 1 25 typically added as a minor flavoring ingredient in food or 1 26 drink, such as but not limited to extracts, cooking additives, 1 27 sauces, or condiments, and has more than twenty percent juice 1 28 content. 1 29 (2) A liquid that is a drug, medical food, or infant 1 30 formula as defined by the federal Food, Drug, and Cosmetic Act, 1 31 codified in 21 U.S.C. {301 et seq. 1 32 (3) A liquid that is designed and consumed only as a dietary 1 33 supplement and not as a beverage as defined in the Dietary 1 34 Supplement Health and Education Act of 1994, Pub. L. No. 1 35 103=417. 2 1 (4) Instant drink powders. 2 2 (5) Milk, or any product marketed as a plant=based milk, 2 3 and all other dairy=derived products, except tea and coffee 2 4 drinks included in paragraph "a", subparagraph (6), of this 2 5 subsection. 2 6 2. "Beverage container" means any sealed glass, plastic, 2 7 or metal bottle,or can, jar or cartoncontaining a beverage. 2 8 "Beverage container" does not include jars, cartons, foil 2 9 pouches, and drink boxes. 2 10 Sec. 2. Section 455C.2, subsection 2, Code 2018, is amended 2 11 to read as follows: 2 12 2. In addition to the refund value provided in subsection 2 13 1 of this section, a dealer, or person operating a redemption 2 14 center who redeems empty beverage containers or a dealer agent 2 15 shall be reimbursed by the distributor required to accept the 2 16 empty beverage containers an amount which isone centtwo cents 2 17 per container. A dealer, dealer agent, or person operating a 2 18 redemption center may compact empty metal beverage containers 2 19 with the approval of the distributor required to accept the 2 20 containers. 2 21 EXPLANATION 2 22 The inclusion of this explanation does not constitute agreement with 2 23 the explanation's substance by the members of the general assembly. 2 24 Current law limits beverage containers subject to beverage 2 25 containers control deposit and refund provisions to any sealed 2 26 glass, plastic, or metal bottle, can, jar, or carton holding 2 27 wine, alcoholic liquor, beer, mineral water, soda water, and 2 28 carbonated soft drinks. When a distributor sells beverages in 2 29 eligible containers to a dealer, the distributor attaches an 2 30 extra 5 cents per eligible container to the sale price. When a 2 31 dealer sells beverages in eligible containers to a consumer, 2 32 the dealer passes on the 5=cent deposit to the sale price. A 2 33 consumer can take eligible beverage containers to a dealer, 2 34 dealer agent, or a redemption center and receive a 5=cent 2 35 refund for every eligible beverage container that the consumer 3 1 returns. A distributor collects eligible containers from a 3 2 dealer, dealer agent, or redemption center, at which time 3 3 the distributor pays the dealer, dealer agent, or redemption 3 4 center 5 cents per eligible container plus a handling fee of an 3 5 additional 1 cent per empty container. 3 6 This bill expands the definition of "beverage" and excludes 3 7 certain substances from that definition. The bill removes jars 3 8 and cartons from the definition of "beverage container" and 3 9 instead excludes jars, cartons, foil pouches, and drink boxes. 3 10 The bill also increases the handling fee that a dealer, dealer 3 11 agent, or redemption center will charge a distributor from 1 3 12 cent to 2 cents. LSB 5470YH (4) 87 js/rn
