Bill Text: IA HSB705 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to alcoholic beverage drink pods and including effective date provisions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2020-02-20 - Subcommittee recommends passage. [HSB705 Detail]
Download: Iowa-2019-HSB705-Introduced.html
House
Study
Bill
705
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
KAUFMANN)
A
BILL
FOR
An
Act
relating
to
alcoholic
beverage
drink
pods
and
including
1
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
123.3,
Code
2020,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
4A.
“
Alcoholic
beverage
drink
pod”
means
3
a
sealed,
plastic
capsule
that
is
not
readily
accessible
or
4
intended
for
consumption
unless
certain
processing
procedures
5
are
followed
that
is
composed
in
whole
or
in
part
of
alcoholic
6
liquor,
wine,
or
beer
that
is
combined
with
other
alcoholic
7
beverages
or
nonalcoholic
beverages
or
ingredients
including
8
but
not
limited
to
ice,
water,
soft
drinks,
or
flavorings.
For
9
purposes
of
this
subsection,
“processing
procedures”
means
use
10
of
an
appliance
designed
to
release
the
contents
of
the
plastic
11
capsule
and
produce
an
alcoholic
beverage
that
contains
more
12
than
one-half
of
one
percent
of
alcohol
by
volume
but
not
more
13
than
twenty-one
percent
of
alcohol
by
volume.
14
Sec.
2.
Section
123.3,
subsection
5,
Code
2020,
is
amended
15
to
read
as
follows:
16
5.
“Alcoholic
liquor”
means
the
varieties
of
liquor
defined
17
in
subsections
3
and
50
which
contain
more
than
six
and
18
twenty-five
hundredths
percent
of
alcohol
by
volume,
beverages
19
made
as
described
in
subsection
7
which
beverages
contain
20
more
than
six
and
twenty-five
hundredths
percent
of
alcohol
21
by
volume
but
which
are
not
wine
as
defined
in
subsection
54
,
22
high
alcoholic
content
beer
as
defined
in
subsection
22
,
or
23
canned
cocktails
as
defined
in
subsection
11
,
or
alcoholic
24
beverage
drink
pods
as
defined
in
subsection
4A,
and
every
25
other
liquid
or
solid,
patented
or
not,
containing
spirits
and
26
every
beverage
obtained
by
the
process
described
in
subsection
27
54
containing
more
than
twenty-one
and
twenty-five
hundredths
28
percent
of
alcohol
by
volume,
and
susceptible
of
being
consumed
29
by
a
human
being,
for
beverage
purposes.
Alcohol
manufactured
30
in
this
state
for
use
as
fuel
pursuant
to
an
experimental
31
distilled
spirits
plant
permit
or
its
equivalent
issued
by
32
the
federal
bureau
of
alcohol,
tobacco
and
firearms
is
not
an
33
“alcoholic
liquor”
.
34
Sec.
3.
NEW
SECTION
.
123.126B
Alcoholic
beverage
drink
pods
35
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——
applicability
——
manufacture.
1
1.
Unless
otherwise
provided
by
this
chapter,
the
2
provisions
of
this
chapter
applicable
to
beer
shall
also
apply
3
to
alcoholic
beverage
drink
pods.
4
2.
Notwithstanding
any
provision
of
this
chapter
to
the
5
contrary,
a
manufacturer
of
beer
may
obtain
and
possess
6
alcoholic
liquor
from
the
division
for
the
purpose
of
7
manufacturing
alcoholic
beverage
drink
pods.
8
Sec.
4.
Section
123A.2,
Code
2020,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
2A.
“Alcoholic
beverage
drink
pods”
means
11
the
same
as
defined
in
section
123.3.
12
Sec.
5.
Section
123A.13,
Code
2020,
is
amended
to
read
as
13
follows:
14
123A.13
Canned
cocktails
——
alcoholic
beverage
drink
pods
——
15
applicability
of
chapter.
16
The
provisions
of
this
chapter
that
apply
to
a
brewer
and
17
wholesaler
of
beer
shall
apply
to
a
manufacturer
and
wholesaler
18
of
alcoholic
beverage
drink
pods
and
canned
cocktails.
19
Sec.
6.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
20
importance,
takes
effect
upon
enactment.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
concerns
alcoholic
beverage
drink
pods.
25
Code
section
123.3
is
amended
by
adding
a
definition
for
26
“alcoholic
beverage
drink
pods”
and
amending
the
definition
of
27
“alcoholic
liquor”.
“Alcoholic
beverage
drink
pods”
is
defined
28
as
a
sealed,
plastic
capsule
that
is
not
readily
accessible
or
29
intended
for
consumption
unless
certain
processing
procedures
30
are
followed
that
is
composed
in
whole
or
in
part
of
alcoholic
31
liquor,
wine,
or
beer.
The
bill
provides
that
“processing
32
procedures”
means
use
of
an
appliance
designed
to
release
33
the
contents
of
the
plastic
capsule
and
produce
an
alcoholic
34
beverage
that
contains
more
than
1.5
percent
of
alcohol
by
35
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volume
but
not
more
than
21
percent
of
alcohol
by
volume.
The
1
definition
of
“alcoholic
liquor”
is
also
amended
to
exclude
2
alcoholic
beverage
drink
pods.
3
New
Code
section
123.126B
provides
that
the
provisions
4
of
Code
chapter
123
applicable
to
beer
shall
also
apply
to
5
alcoholic
beverage
drink
pods
and
allows
a
manufacturer
of
6
beer
to
obtain
and
possess
alcoholic
liquor
for
the
purpose
of
7
manufacturing
alcoholic
beverage
drink
pods.
8
New
Code
section
123A.13
provides
that
the
provisions
of
9
Code
chapter
123A
that
apply
to
brewers
and
wholesalers
of
10
beer
also
apply
to
manufacturers
and
wholesalers
of
alcoholic
11
beverage
drink
pods.
12
The
bill
takes
effect
upon
enactment.
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