Bill Text: IA SSB1022 | 2021-2022 | 89th 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: (Introduced) 2021-01-21 - Subcommittee Meeting: 01/25/2021 4:00PM 217 Conference Room. [SSB1022 Detail]

Download: Iowa-2021-SSB1022-Introduced.html
Senate Study Bill 1022 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON SMITH) 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 TLSB 1399XC (2) 89 je/rn
S.F. _____ Section 1. Section 123.3, Code 2021, 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 2021, 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 -1- LSB 1399XC (2) 89 je/rn 1/ 3
S.F. _____ —— 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 2021, 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 2021, 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 -2- LSB 1399XC (2) 89 je/rn 2/ 3
S.F. _____ 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. 13 -3- LSB 1399XC (2) 89 je/rn 3/ 3
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