Bill Text: IA HF814 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the redemption of beverage containers, providing civil penalties, and including effective date provisions.(Formerly HSB 252; See HF 872, HF 892.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-04-21 - Committee report approving bill, renumbered as HF 872. [HF814 Detail]
Download: Iowa-2021-HF814-Introduced.html
House
File
814
-
Introduced
HOUSE
FILE
814
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
252)
A
BILL
FOR
An
Act
relating
to
the
redemption
of
beverage
containers,
1
providing
civil
penalties,
and
including
effective
date
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
455C.1,
subsections
1
and
6,
Code
2021,
1
are
amended
to
read
as
follows:
2
1.
“Beverage”
means
wine
as
defined
in
section
123.3,
3
subsection
54
,
alcoholic
liquor
as
defined
in
section
123.3,
4
subsection
5
,
beer
as
defined
in
section
123.3,
subsection
5
7
,
high
alcoholic
content
beer
as
defined
in
section
123.3,
6
subsection
22,
canned
cocktail
as
defined
in
section
123.3,
7
subsection
11,
mineral
water,
soda
water
,
and
similar
8
carbonated
soft
drinks
in
liquid
form
and
intended
for
human
9
consumption.
10
6.
“Dealer
agent”
means
a
person
who
solicits
or
picks
up
11
empty
beverage
containers
from
a
dealer
for
the
purpose
of
12
returning
the
empty
beverage
containers
to
a
distributor
or
13
manufacturer.
14
Sec.
2.
Section
455C.1,
Code
2021,
is
amended
by
adding
the
15
following
new
subsection:
16
NEW
SUBSECTION
.
12A.
“Participating
dealer”
means
a
dealer
17
who
accepts
the
return
of
empty
beverage
containers
from
a
18
consumer.
19
Sec.
3.
Section
455C.2,
Code
2021,
is
amended
to
read
as
20
follows:
21
455C.2
Refund
values.
22
1.
A
refund
value
of
not
less
than
five
cents
shall
be
paid
23
by
the
consumer
on
each
beverage
container
sold
in
this
state
24
by
a
dealer
for
consumption
off
the
premises.
Upon
return
of
25
the
empty
beverage
container
upon
which
a
refund
value
has
26
been
paid
to
the
a
participating
dealer
or
person
operating
27
a
redemption
center
and
acceptance
of
the
empty
beverage
28
container
by
the
participating
dealer
or
person
operating
a
29
redemption
center,
the
participating
dealer
or
person
operating
30
a
redemption
center
shall
immediately
return
the
amount
of
31
the
refund
value
to
the
consumer.
Upon
return
of
the
empty
32
beverage
container
on
which
a
refund
value
has
been
paid
to
a
33
dealer
agent,
the
dealer
agent
shall
return
the
amount
of
the
34
refund
value
to
the
consumer
within
a
reasonable
time.
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2.
In
addition
to
the
refund
value
provided
in
subsection
1
1
of
this
section
,
a
participating
dealer,
or
person
operating
a
2
redemption
center
,
who
redeems
empty
beverage
containers
or
a
3
dealer
agent
shall
be
reimbursed
by
the
distributor
required
to
4
accept
the
empty
beverage
containers
an
amount
which
that
is
5
one
cent
per
container.
A
participating
dealer,
dealer
agent,
6
or
person
operating
a
redemption
center
may
compact
empty
7
metal
beverage
containers
with
the
approval
of
the
distributor
8
required
to
accept
the
containers.
9
Sec.
4.
Section
455C.3,
subsections
1,
2,
and
4,
Code
2021,
10
are
amended
to
read
as
follows:
11
1.
A
participating
dealer
shall
not
refuse
to
accept
from
a
12
consumer
any
empty
beverage
container
of
the
kind,
size
,
and
13
brand
sold
by
the
participating
dealer,
or
refuse
to
pay
to
the
14
consumer
the
refund
value
of
a
beverage
container
as
provided
15
under
section
455C.2
.
16
2.
A
distributor
shall
accept
and
pick
up
from
a
17
participating
dealer
served
by
the
distributor
or
a
redemption
18
center
for
a
dealer
served
by
the
distributor
at
least
weekly,
19
or
when
the
distributor
delivers
the
beverage
product
if
20
deliveries
are
less
frequent
than
weekly,
any
empty
beverage
21
container
of
the
kind,
size
,
and
brand
sold
by
the
distributor,
22
and
shall
pay
to
the
participating
dealer
or
person
operating
23
a
redemption
center
the
refund
value
of
a
beverage
container
24
and
the
reimbursement
as
provided
under
section
455C.2
within
25
one
week
following
pickup
of
the
containers
or
when
the
26
participating
dealer
or
redemption
center
normally
pays
the
27
distributor
for
the
deposit
on
beverage
products
purchased
from
28
the
distributor
if
less
frequent
than
weekly.
A
distributor
29
or
employee
or
agent
of
a
distributor
is
not
in
violation
30
of
this
subsection
if
a
redemption
center
is
closed
when
the
31
distributor
attempts
to
make
a
regular
delivery
or
a
regular
32
pickup
of
empty
beverage
containers.
This
subsection
does
33
not
apply
to
a
distributor
selling
alcoholic
liquor
to
the
34
alcoholic
beverages
division
of
the
department
of
commerce.
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4.
A
distributor
shall
accept
from
a
dealer
agent
any
1
empty
beverage
container
of
the
kind,
size,
and
brand
sold
by
2
the
distributor
and
which
that
was
picked
up
by
the
dealer
3
agent
from
a
dealer
within
the
geographic
territory
served
4
by
the
distributor
and
the
distributor
shall
pay
the
dealer
5
agent
the
refund
value
of
the
empty
beverage
container
and
the
6
reimbursement
as
provided
in
section
455C.2
.
7
Sec.
5.
Section
455C.4,
Code
2021,
is
amended
to
read
as
8
follows:
9
455C.4
Refusal
to
accept
containers.
10
1.
Except
as
provided
in
section
455C.5,
subsection
3
,
11
a
participating
dealer,
a
person
operating
dealer
agent,
a
12
redemption
center,
a
distributor
,
or
a
manufacturer
may
refuse
13
to
accept
any
empty
beverage
container
which
that
does
not
have
14
stated
on
it
a
refund
value
as
provided
under
section
455C.2
.
15
2.
A
dealer
may
refuse
to
accept
and
to
pay
the
refund
value
16
of
any
empty
beverage
container
if
the
place
of
business
of
the
17
dealer
and
the
kind
and
brand
of
empty
beverage
containers
are
18
included
in
an
order
of
the
department
approving
a
redemption
19
center
under
section
455C.6
dealer
enters
a
contract
with
a
20
dealer
agent
or
redemption
center
who
will
accept
beverage
21
containers
on
the
dealer’s
behalf
.
A
dealer
may
only
enter
a
22
contract
with
a
redemption
center
under
this
subsection
if
the
23
dealer’s
place
of
business
is
in
a
county
with
a
population
24
of
more
than
thirty
thousand
and
within
ten
miles
of
the
25
redemption
center
or
if
the
dealer’s
place
of
business
is
in
a
26
county
with
a
population
of
thirty
thousand
or
fewer
and
within
27
fifteen
miles
of
the
redemption
center.
28
3.
A
dealer
or
a
distributor
may
refuse
to
accept
and
to
pay
29
the
refund
value
of
an
empty
wine
or
alcoholic
liquor
container
30
which
is
marked
to
indicate
that
it
was
sold
by
a
state
liquor
31
store.
The
alcoholic
beverages
division
shall
not
reimburse
32
a
dealer
or
a
distributor
the
refund
value
on
an
empty
wine
or
33
alcoholic
liquor
container
which
is
marked
to
indicate
that
the
34
container
was
sold
by
a
state
liquor
store.
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4.
3.
A
class
“E”
liquor
control
licensee
may
refuse
to
1
accept
and
to
pay
the
refund
value
on
an
empty
alcoholic
liquor
2
container
from
a
participating
dealer
or
a
redemption
center
3
or
from
a
person
acting
on
behalf
of
or
who
has
received
empty
4
alcoholic
liquor
containers
from
a
dealer
or
a
redemption
5
center.
6
5.
4.
A
manufacturer
or
distributor
may
refuse
to
accept
7
and
to
pay
the
refund
value
and
reimbursement
as
provided
in
8
section
455C.2
on
any
empty
beverage
container
that
was
picked
9
up
by
a
dealer
agent
from
a
dealer
outside
the
geographic
10
territory
served
by
the
manufacturer
or
distributor.
11
Sec.
6.
Section
455C.5,
subsection
1,
Code
2021,
is
amended
12
to
read
as
follows:
13
1.
Each
beverage
container
sold
or
offered
for
sale
in
14
this
state
by
a
dealer
shall
clearly
indicate
the
refund
value
15
of
the
container
by
embossing
or
by
a
stamp,
label
,
or
other
16
method
securely
affixed
to
the
container
,
the
refund
value
of
17
the
container
.
The
department
shall
specify,
by
rule,
the
18
minimum
size
of
the
refund
value
indication
on
the
beverage
19
containers
and
require
registration
of
the
universal
product
20
code
for
each
beverage
container
in
a
format
required
by
the
21
department
.
22
Sec.
7.
Section
455C.6,
subsections
1,
2,
and
5,
Code
2021,
23
are
amended
to
read
as
follows:
24
1.
To
facilitate
the
return
of
empty
beverage
containers
25
and
to
serve
dealers
of
beverages,
any
person
may
establish
a
26
redemption
center
,
subject
to
the
approval
of
the
department,
27
at
which
consumers
may
return
empty
beverage
containers
28
and
receive
payment
of
the
refund
value
of
such
beverage
29
containers.
30
2.
An
application
for
approval
of
Written
notice
of
the
31
operation
of
a
redemption
center
shall
be
filed
with
the
32
department.
The
application
notice
shall
state
the
name
and
33
address
of
the
person
responsible
for
the
establishment
and
34
operation
of
the
redemption
center
,
the
kind
and
brand
names
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of
the
beverage
containers
which
will
be
accepted
at
the
1
redemption
center,
and
the
names
and
addresses
of
the
dealers
2
to
be
served
by
the
redemption
center.
The
application
notice
3
shall
contain
such
other
information
as
the
director
may
4
reasonably
require.
5
5.
All
approved
redemption
centers
shall
meet
applicable
6
health
standards.
7
Sec.
8.
Section
455C.6,
subsections
3
and
4,
Code
2021,
are
8
amended
by
striking
the
subsections.
9
Sec.
9.
Section
455C.12,
subsections
2
and
3,
Code
2021,
are
10
amended
to
read
as
follows:
11
2.
A
distributor
who
collects
or
attempts
to
collect
12
a
refund
value
on
an
empty
beverage
container
when
the
13
distributor
has
paid
the
refund
value
on
the
container
to
a
14
participating
dealer,
dealer
agent,
redemption
center,
or
15
consumer
is
guilty
of
a
fraudulent
practice.
16
3.
Any
person
who
does
any
of
the
following
acts
is
guilty
17
of
a
fraudulent
practice:
18
a.
Collects
or
attempts
to
collect
the
refund
value
on
the
19
container
a
second
time,
with
the
knowledge
that
the
refund
20
value
has
once
been
paid
by
the
distributor
to
a
participating
21
dealer,
dealer
agent,
redemption
center
,
or
consumer.
22
b.
Manufactures,
sells,
possesses
,
or
applies
a
false
or
23
counterfeit
label
or
indication
which
that
shows
or
purports
to
24
show
a
refund
value
for
a
beverage
container,
with
intent
to
25
use
the
false
or
counterfeit
label
or
indication.
26
c.
Collects
or
attempts
to
collect
a
refund
value
on
27
a
container
with
the
use
of
a
false
or
counterfeit
label
28
or
indication
showing
a
refund
value,
knowing
the
label
or
29
indication
to
be
false
or
counterfeit.
30
Sec.
10.
Section
455C.12,
Code
2021,
is
amended
by
adding
31
the
following
new
subsection:
32
NEW
SUBSECTION
.
6.
A
person
who
violates
any
provision
of
33
this
chapter
shall
be
subject
to
a
civil
penalty
that
shall
34
be
established,
assessed,
and
collected
in
the
same
manner
as
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provided
in
section
455B.109,
but
shall
not
exceed
two
thousand
1
five
hundred
dollars.
Any
civil
penalty
collected
under
this
2
chapter
shall
be
deposited
in
the
general
fund
of
the
state.
3
Sec.
11.
NEW
SECTION
.
455C.12A
Administrative
enforcement
4
——
compliance
orders.
5
The
director
may
issue
any
order
necessary
to
secure
6
compliance
with
or
prevent
a
violation
of
the
provisions
of
7
this
chapter
or
any
rule
adopted
or
permit
or
order
issued
8
pursuant
to
this
chapter.
The
person
to
whom
the
compliance
9
order
is
issued
may
cause
to
be
commenced
a
contested
case
10
within
the
meaning
of
chapter
17A
by
filing
within
thirty
11
days
a
notice
of
appeal
to
the
commission.
On
appeal,
the
12
commission
may
affirm,
modify,
or
vacate
the
order
of
the
13
director.
14
Sec.
12.
NEW
SECTION
.
455C.12B
Judicial
review.
15
Judicial
review
of
any
order
or
other
action
of
the
16
commission
or
director
may
be
sought
in
accordance
with
the
17
terms
of
chapter
17A.
Notwithstanding
the
terms
of
chapter
18
17A,
petitions
for
judicial
review
may
be
filed
in
the
district
19
court
of
the
county
in
which
the
alleged
offense
was
committed.
20
Sec.
13.
NEW
SECTION
.
455C.12C
Civil
actions
for
compliance
21
——
penalties.
22
1.
The
attorney
general,
on
request
of
the
department,
shall
23
institute
any
legal
proceedings
necessary
to
obtain
compliance
24
with
an
order
of
the
commission
or
the
director,
including
25
proceedings
for
a
temporary
injunction,
or
prosecuting
any
26
person
for
a
violation
of
an
order
of
the
commission
or
the
27
director
or
the
provisions
of
this
chapter
or
any
rules
adopted
28
or
permit
or
order
issued
pursuant
to
this
chapter.
29
2.
Any
person
who
violates
an
order
issued
pursuant
to
30
section
455C.12A
shall
be
subject
to
a
civil
penalty,
not
to
31
exceed
two
thousand
five
hundred
dollars
for
each
day
of
such
32
violation.
33
Sec.
14.
Section
455C.13,
Code
2021,
is
amended
to
read
as
34
follows:
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455C.13
Distributors’
agreements
authorized.
1
1.
A
distributor
,
dealer,
or
redemption
center
may
enter
2
into
a
contract
or
agreement
with
any
other
distributor,
3
manufacturer
,
or
person
for
the
purpose
of
collecting
or
paying
4
the
refund
value
on,
or
disposing
of,
beverage
containers
as
5
provided
in
this
chapter
.
6
2.
For
purposes
of
this
chapter,
any
contracts
entered
into
7
pursuant
to
this
section
for
the
collection
or
disposal
of
8
empty
beverage
containers
shall
not
be
deemed
to
interfere
with
9
the
refund
value
pursuant
to
section
455C.2.
A
contract
shall
10
not
authorize
a
person
to
offer
and
pay
a
refund
value
of
less
11
than
five
cents.
12
Sec.
15.
Section
455C.14,
subsection
1,
Code
2021,
is
13
amended
to
read
as
follows:
14
1.
If
the
refund
value
indication
required
under
section
15
455C.5
on
an
empty
nonrefillable
metal
beverage
container
16
is
readable
but
the
redemption
of
the
container
is
lawfully
17
refused
by
a
participating
dealer
or
person
operating
a
18
redemption
center
under
other
sections
of
this
chapter
or
19
rules
adopted
pursuant
to
these
sections,
the
container
20
shall
be
accepted
and
the
refund
value
paid
to
a
consumer
21
as
provided
in
this
section
.
Each
beer
distributor
selling
22
nonrefillable
metal
beverage
containers
in
this
state
shall
23
provide
individually
or
collectively
by
contract
or
agreement
24
with
a
dealer,
person
operating
a
redemption
center
,
or
another
25
person,
at
least
one
facility
in
the
county
seat
of
each
county
26
where
refused
empty
nonrefillable
metal
beverage
containers
27
having
a
readable
refund
value
indication
as
required
by
28
this
chapter
are
accepted
and
redeemed.
In
cities
having
a
29
population
of
twenty-five
thousand
or
more,
the
number
of
the
30
facilities
provided
shall
be
one
for
each
twenty-five
thousand
31
population
or
a
fractional
part
of
that
population.
32
Sec.
16.
REPEAL.
Sections
455C.7
and
455C.10,
Code
2021,
33
are
repealed.
34
Sec.
17.
EFFECTIVE
DATE.
This
Act
takes
effect
July
1,
35
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814
2023.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
Under
current
law,
a
consumer
may
return
an
empty
beverage
5
container
upon
which
a
refund
value
has
been
paid
to
a
dealer
6
or
a
redemption
center.
When
a
distributor
collects
empty
7
beverage
containers
from
a
dealer,
dealer
agent,
or
redemption
8
center,
the
distributor
reimburses
the
dealer,
dealer
agent,
or
9
redemption
center
the
refund
value
plus
a
1-cent
handling
fee
10
for
each
empty
beverage
container.
Current
law
also
allows
any
11
person
to
establish
a
redemption
center
that
serves
a
dealer
12
if
it
is
approved
by
the
department
of
natural
resources.
Any
13
person
can
also
establish
an
unapproved
redemption
center.
14
Under
this
bill,
a
dealer
may
choose
to
not
accept
beverage
15
containers
if
the
dealer
enters
into
a
contract
with
a
dealer
16
agent
or
redemption
center
who
will
accept
beverage
containers
17
on
the
dealer’s
behalf.
A
dealer
may
only
enter
such
contract
18
with
a
redemption
center
if
the
dealer’s
place
of
business
is
19
in
a
county
with
a
population
of
more
than
30,000
and
within
20
10
miles
of
the
redemption
center
or
if
the
dealer’s
place
of
21
business
is
in
a
county
with
a
population
of
30,000
or
fewer
22
and
within
15
miles
of
the
redemption
center.
23
The
bill
amends
the
definition
of
“dealer
agent”
so
that
a
24
dealer
agent
is
not
limited
to
soliciting
or
picking
up
empty
25
beverage
containers
from
a
dealer.
The
bill
allows
a
person
26
to
establish
a
redemption
center
by
providing
notice
to
the
27
department.
The
bill
also
requires
each
beverage
container
to
28
have
a
registered
universal
product
code
in
a
format
required
29
by
the
department.
30
The
bill
creates
civil
enforcement
procedures
and
penalties
31
for
a
violation
of
the
provisions
of
the
bill,
including
a
32
civil
penalty
of
up
to
$2,500.
33
The
bill
makes
numerous
changes
throughout
Code
chapter
455C
34
to
change
instances
of
“dealer”
to
“participating
dealer”,
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