Bill Text: IA SSB1225 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the applicability of beverage container control provisions, handling fees, and acceptance of beverage containers, making penalties applicable, and providing effective date provisions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-02-28 - Subcommittee: Feenstra, Dawson, and Dotzler. [SSB1225 Detail]
Download: Iowa-2019-SSB1225-Introduced.html
Senate
Study
Bill
1225
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WAYS
AND
MEANS
BILL
BY
CHAIRPERSON
FEENSTRA)
A
BILL
FOR
An
Act
relating
to
the
applicability
of
beverage
container
1
control
provisions,
handling
fees,
and
acceptance
of
2
beverage
containers,
making
penalties
applicable,
and
3
providing
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
455C.1,
subsection
6,
Code
2019,
is
1
amended
to
read
as
follows:
2
6.
“Dealer
agent”
means
a
person
who
solicits
or
picks
up
3
empty
beverage
containers
from
a
dealer
for
the
purpose
of
4
returning
the
empty
beverage
containers
to
a
distributor
or
5
manufacturer.
6
Sec.
2.
Section
455C.1,
Code
2019,
is
amended
by
adding
the
7
following
new
subsection:
8
NEW
SUBSECTION
.
12A.
“Participating
dealer”
means
a
dealer
9
who
accepts
the
return
of
empty
beverage
containers
from
a
10
consumer.
11
Sec.
3.
Section
455C.2,
Code
2019,
is
amended
to
read
as
12
follows:
13
455C.2
Refund
values.
14
1.
A
refund
value
of
not
less
than
five
cents
shall
be
paid
15
by
the
consumer
on
each
beverage
container
sold
in
this
state
16
by
a
dealer
for
consumption
off
the
premises.
Upon
return
of
17
the
empty
beverage
container
upon
which
a
refund
value
has
18
been
paid
to
the
participating
dealer
or
person
operating
19
a
redemption
center
and
acceptance
of
the
empty
beverage
20
container
by
the
participating
dealer
or
person
operating
a
21
redemption
center,
the
participating
dealer
or
person
operating
22
a
redemption
center
shall
immediately
return
the
amount
of
23
the
refund
value
to
the
consumer.
Upon
return
of
the
empty
24
beverage
container
on
which
a
refund
value
has
been
paid
to
a
25
dealer
agent,
the
dealer
agent
shall
return
the
amount
of
the
26
refund
value
to
the
consumer
within
a
reasonable
time.
27
2.
Upon
delivery
of
beverages
from
a
distributor
to
a
28
dealer,
the
dealer
shall
pay
a
one-cent
handling
fee
per
29
container
to
the
distributor.
In
addition
to
the
refund
value
30
provided
in
subsection
1
of
this
section
,
a
participating
31
dealer,
dealer
agent,
or
person
operating
a
redemption
center
32
who
redeems
empty
beverage
containers
or
a
dealer
agent
shall
33
be
reimbursed
by
the
distributor
required
to
accept
the
empty
34
beverage
containers
an
amount
which
a
handling
fee
that
is
one
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cent
two
cents
per
container.
A
participating
dealer,
dealer
1
agent,
or
person
operating
a
redemption
center
may
compact
2
empty
metal
beverage
containers
with
the
approval
of
the
3
distributor
required
to
accept
the
containers.
4
Sec.
4.
Section
455C.3,
subsections
1,
2,
and
4,
Code
2019,
5
are
amended
to
read
as
follows:
6
1.
A
participating
dealer
shall
not
refuse
to
accept
from
7
a
consumer
any
empty
beverage
container
of
the
kind,
size
and
8
brand
sold
by
the
participating
dealer,
or
refuse
to
pay
to
the
9
consumer
the
refund
value
of
a
beverage
container
as
provided
10
under
section
455C.2
.
11
2.
A
distributor
shall
accept
and
pick
up
from
a
12
participating
dealer
served
by
the
distributor
or
a
redemption
13
center
for
a
dealer
served
by
the
distributor
at
least
weekly,
14
or
when
the
distributor
delivers
the
beverage
product
if
15
deliveries
are
less
frequent
than
weekly,
any
empty
beverage
16
container
of
the
kind,
size
,
and
brand
sold
by
the
distributor,
17
and
shall
pay
to
the
participating
dealer
or
person
operating
18
a
redemption
center
the
refund
value
of
a
beverage
container
19
and
the
reimbursement
as
provided
under
section
455C.2
within
20
one
week
following
pickup
of
the
containers
or
when
the
21
participating
dealer
or
redemption
center
normally
pays
the
22
distributor
for
the
deposit
on
beverage
products
purchased
from
23
the
distributor
if
less
frequent
than
weekly.
A
distributor
24
or
employee
or
agent
of
a
distributor
is
not
in
violation
25
of
this
subsection
if
a
redemption
center
is
closed
when
the
26
distributor
attempts
to
make
a
regular
delivery
or
a
regular
27
pickup
of
empty
beverage
containers.
This
subsection
does
28
not
apply
to
a
distributor
selling
alcoholic
liquor
to
the
29
alcoholic
beverages
division
of
the
department
of
commerce.
30
4.
A
distributor
shall
accept
from
a
dealer
agent
any
empty
31
beverage
container
of
the
kind,
size,
and
brand
sold
by
the
32
distributor
and
which
that
was
picked
up
by
the
dealer
agent
33
from
a
participating
dealer
within
the
geographic
territory
34
served
by
the
distributor
and
the
distributor
shall
pay
the
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dealer
agent
the
refund
value
of
the
empty
beverage
container
1
and
the
reimbursement
as
provided
in
section
455C.2
.
2
Sec.
5.
Section
455C.4,
Code
2019,
is
amended
to
read
as
3
follows:
4
455C.4
Refusal
to
accept
containers.
5
1.
Except
as
provided
in
section
455C.5,
subsection
3
,
a
6
participating
dealer,
a
person
operating
a
redemption
center,
a
7
distributor
or
a
manufacturer
may
refuse
to
accept
any
empty
8
beverage
container
which
does
not
have
stated
on
it
a
refund
9
value
as
provided
under
section
455C.2
.
10
2.
A
dealer
may
refuse
to
accept
and
to
pay
the
refund
value
11
of
any
empty
beverage
container
if
the
place
of
business
of
the
12
dealer
and
the
kind
and
brand
of
empty
beverage
containers
are
13
included
in
an
order
of
the
department
approving
a
redemption
14
center
under
section
455C.6
after
providing
notice
to
the
15
department
and
if
the
place
of
business
of
the
dealer
is
16
located
within
a
ten-mile
radius
of
a
redemption
center
or
17
dealer
agent
.
18
3.
A
dealer
or
a
distributor
may
refuse
to
accept
and
to
pay
19
the
refund
value
of
an
empty
wine
or
alcoholic
liquor
container
20
which
is
marked
to
indicate
that
it
was
sold
by
a
state
liquor
21
store.
The
alcoholic
beverages
division
shall
not
reimburse
22
a
dealer
or
a
distributor
the
refund
value
on
an
empty
wine
or
23
alcoholic
liquor
container
which
is
marked
to
indicate
that
the
24
container
was
sold
by
a
state
liquor
store.
25
4.
3.
A
class
“E”
liquor
control
licensee
may
refuse
to
26
accept
and
to
pay
the
refund
value
on
an
empty
alcoholic
liquor
27
container
from
a
participating
dealer
or
a
redemption
center
28
or
from
a
person
acting
on
behalf
of
or
who
has
received
empty
29
alcoholic
liquor
containers
from
a
participating
dealer
or
a
30
redemption
center.
31
5.
4.
A
manufacturer
or
distributor
may
refuse
to
accept
32
and
to
pay
the
refund
value
and
reimbursement
as
provided
in
33
section
455C.2
on
any
empty
beverage
container
that
was
picked
34
up
by
a
participating
dealer
agent
from
a
dealer
outside
the
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geographic
territory
served
by
the
manufacturer
or
distributor.
1
Sec.
6.
Section
455C.5,
subsection
1,
Code
2019,
is
amended
2
to
read
as
follows:
3
1.
Each
beverage
container
sold
or
offered
for
sale
in
4
this
state
by
a
dealer
shall
clearly
indicate
by
embossing
or
5
by
a
stamp,
label
,
or
other
method
securely
affixed
to
the
6
container
,
the
refund
value
of
the
container.
The
department
7
shall
specify,
by
rule,
the
minimum
size
of
the
refund
value
8
indication
on
the
beverage
containers
and
require
registration
9
of
the
universal
product
code
for
each
beverage
container
in
a
10
format
required
by
the
department
.
11
Sec.
7.
Section
455C.6,
subsections
1,
2,
and
5,
Code
2019,
12
are
amended
to
read
as
follows:
13
1.
To
facilitate
the
return
of
empty
beverage
containers
14
and
to
serve
dealers
of
beverages,
any
person
may
establish
a
15
redemption
center
,
subject
to
the
approval
of
the
department,
16
at
which
consumers
may
return
empty
beverage
containers
17
and
receive
payment
of
the
refund
value
of
such
beverage
18
containers.
19
2.
An
application
for
approval
of
Written
notice
of
the
20
operation
of
a
redemption
center
shall
be
filed
with
the
21
department.
The
application
notice
shall
state
the
name
and
22
address
of
the
person
responsible
for
the
establishment
and
23
operation
of
the
redemption
center
,
the
kind
and
brand
names
24
of
the
beverage
containers
which
will
be
accepted
at
the
25
redemption
center,
and
the
names
and
addresses
of
the
dealers
26
to
be
served
by
the
redemption
center.
The
application
notice
27
shall
contain
such
other
information
as
the
director
may
28
reasonably
require.
29
5.
All
approved
redemption
centers
shall
meet
applicable
30
health
standards.
31
Sec.
8.
Section
455C.6,
subsections
3
and
4,
Code
2019,
are
32
amended
by
striking
the
subsections.
33
Sec.
9.
Section
455C.12,
subsections
2
and
3,
Code
2019,
are
34
amended
to
read
as
follows:
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2.
A
distributor
who
collects
or
attempts
to
collect
1
a
refund
value
on
an
empty
beverage
container
when
the
2
distributor
has
paid
the
refund
value
on
the
container
to
a
3
participating
dealer,
redemption
center,
or
consumer
is
guilty
4
of
a
fraudulent
practice.
5
3.
Any
person
who
does
any
of
the
following
acts
is
guilty
6
of
a
fraudulent
practice:
7
a.
Collects
or
attempts
to
collect
the
refund
value
on
the
8
container
a
second
time,
with
the
knowledge
that
the
refund
9
value
has
once
been
paid
by
the
distributor
to
a
participating
10
dealer,
redemption
center
,
or
consumer.
11
b.
Manufactures,
sells,
possesses
,
or
applies
a
false
or
12
counterfeit
label
or
indication
which
shows
or
purports
to
show
13
a
refund
value
for
a
beverage
container,
with
intent
to
use
the
14
false
or
counterfeit
label
or
indication.
15
c.
Collects
or
attempts
to
collect
a
refund
value
on
16
a
container
with
the
use
of
a
false
or
counterfeit
label
17
or
indication
showing
a
refund
value,
knowing
the
label
or
18
indication
to
be
false
or
counterfeit.
19
Sec.
10.
Section
455C.12,
Code
2019,
is
amended
by
adding
20
the
following
new
subsection:
21
NEW
SUBSECTION
.
6.
A
person
who
violates
any
provision
22
of
this
chapter
shall
be
subject
to
a
civil
penalty
of
two
23
thousand
five
hundred
dollars
per
violation,
which
shall
be
24
assessed
and
collected
in
the
same
manner
as
provided
in
25
section
455B.109.
Any
civil
penalty
shall
be
deposited
in
the
26
general
fund
of
the
state.
27
Sec.
11.
NEW
SECTION
.
455C.12A
Administrative
enforcement
28
——
compliance
orders.
29
The
director
may
issue
any
order
necessary
to
secure
30
compliance
with
or
prevent
a
violation
of
the
provisions
of
31
this
chapter
or
any
rule
adopted
or
permit
or
order
issued
32
pursuant
to
this
chapter.
The
person
to
whom
such
compliance
33
order
is
issued
may
cause
to
be
commenced
a
contested
case
34
within
the
meaning
of
chapter
17A
by
filing
within
thirty
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days
a
notice
of
appeal
to
the
commission.
On
appeal,
the
1
commission
may
affirm,
modify,
or
vacate
the
order
of
the
2
director.
3
Sec.
12.
NEW
SECTION
.
455C.12B
Judicial
review.
4
Judicial
review
of
any
order
or
other
action
of
the
5
commission
or
director
may
be
sought
in
accordance
with
the
6
terms
of
chapter
17A.
Notwithstanding
the
terms
of
chapter
7
17A,
petitions
for
judicial
review
may
be
filed
in
the
district
8
court
of
the
county
in
which
the
alleged
offense
was
committed.
9
Sec.
13.
NEW
SECTION
.
455C.12C
Civil
actions
for
compliance
10
——
penalties.
11
1.
The
attorney
general,
on
request
of
the
department,
shall
12
institute
any
legal
proceedings
necessary
to
obtain
compliance
13
with
an
order
of
the
commission
or
the
director,
including
14
proceedings
for
a
temporary
injunction,
or
prosecuting
any
15
person
for
a
violation
of
an
order
of
the
commission
or
the
16
director,
the
provisions
of
this
chapter,
or
any
rules
adopted
17
or
permit
or
order
issued
pursuant
to
this
chapter.
18
2.
Any
person
who
violates
any
order
issued
pursuant
to
19
section
455C.12A
shall
be
subject
to
a
civil
penalty
not
to
20
exceed
ten
thousand
dollars
for
each
day
of
such
violation.
21
Sec.
14.
Section
455C.13,
Code
2019,
is
amended
to
read
as
22
follows:
23
455C.13
Distributors’
agreements
authorized.
24
1.
A
distributor
,
dealer,
or
person
operating
a
redemption
25
center
may
enter
into
a
contract
or
agreement
with
any
other
26
distributor,
manufacturer
,
or
person
for
the
purpose
of
27
collecting
or
paying
the
refund
value
on,
or
disposing
of,
28
beverage
containers
as
provided
in
this
chapter
.
29
2.
For
purposes
of
this
chapter,
any
contracts
entered
into
30
pursuant
to
this
section
for
the
collecting
or
disposal
of
31
empty
beverage
containers
shall
not
be
deemed
to
interfere
with
32
the
refund
value
pursuant
to
section
455C.2.
33
Sec.
15.
Section
455C.14,
subsection
1,
Code
2019,
is
34
amended
to
read
as
follows:
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1.
If
the
refund
value
indication
required
under
section
1
455C.5
on
an
empty
nonrefillable
metal
beverage
container
2
is
readable
but
the
redemption
of
the
container
is
lawfully
3
refused
by
a
participating
dealer
or
person
operating
a
4
redemption
center
under
other
sections
of
this
chapter
or
rules
5
adopted
pursuant
to
these
sections,
the
container
shall
be
6
accepted
and
the
refund
value
paid
to
a
consumer
as
provided
7
in
this
section
.
Each
beer
distributor
selling
nonrefillable
8
metal
beverage
containers
in
this
state
shall
provide
9
individually
or
collectively
by
contract
or
agreement
with
a
10
dealer,
person
operating
a
redemption
center
or
another
person,
11
at
least
one
facility
in
the
county
seat
of
each
county
where
12
refused
empty
nonrefillable
metal
beverage
containers
having
a
13
readable
refund
value
indication
as
required
by
this
chapter
14
are
accepted
and
redeemed.
In
cities
having
a
population
of
15
twenty-five
thousand
or
more,
the
number
of
the
facilities
16
provided
shall
be
one
for
each
twenty-five
thousand
population
17
or
a
fractional
part
of
that
population.
18
Sec.
16.
REPEAL.
Sections
455C.7
and
455C.10,
Code
2019,
19
are
repealed.
20
Sec.
17.
EFFECTIVE
DATE.
This
Act
takes
effect
July
1,
21
2020.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
the
beverage
container
control
law,
26
also
known
as
the
bottle
bill.
27
Current
law
limits
beverage
containers
subject
to
beverage
28
containers
control
deposit
and
refund
provisions
to
any
sealed
29
glass,
plastic,
or
metal
bottle,
can,
jar,
or
carton
holding
30
wine,
alcoholic
liquor,
beer,
mineral
water,
soda
water,
and
31
carbonated
soft
drinks.
When
a
distributor
sells
beverages
32
in
eligible
containers
to
a
dealer,
the
distributor
charges
5
33
cents
per
eligible
container
to
the
sale
price.
When
a
dealer
34
sells
beverages
in
eligible
containers
to
a
consumer,
the
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dealer
charges
the
5-cent
deposit
on
each
beverage
container.
1
A
consumer
can
take
eligible
beverage
containers
to
a
dealer,
2
dealer
agent,
or
a
redemption
center
and
receive
a
5-cent
3
refund
for
every
eligible
beverage
container
that
the
consumer
4
returns.
A
distributor
collects
eligible
containers
from
a
5
dealer,
dealer
agent,
or
redemption
center,
at
which
time
6
the
distributor
pays
the
dealer,
dealer
agent,
or
redemption
7
center
5
cents
per
eligible
container
plus
a
handling
fee
of
an
8
additional
1
cent
per
empty
container.
9
The
bill
creates
a
definition
for
“participating
dealer”.
10
The
bill
requires
any
dealer
to
pay
a
1-cent
handling
fee
to
11
a
distributor
upon
delivery
of
beverages
and
increases
the
12
handling
fee
that
a
participating
dealer,
dealer
agent,
or
13
redemption
center
will
charge
a
distributor
from
1
cent
to
2
14
cents.
The
bill
requires
a
participating
dealer
to
accept
15
and
pay
the
refund
value
of
any
beverage
container,
except
as
16
currently
provided
by
law.
The
bill
requires
a
participating
17
dealer
or
a
redemption
center
to
immediately
return
the
18
refund
value
to
a
consumer
upon
the
return
and
acceptance
19
of
a
beverage
container
for
which
the
refund
value
has
been
20
paid.
However,
a
dealer
agent
shall
return
the
refund
value
21
to
a
consumer
within
a
reasonable
time
for
the
return
of
a
22
beverage
container
for
which
the
refund
value
has
been
paid.
A
23
dealer
can
choose
to
not
be
a
participating
dealer
by
providing
24
notice
to
the
department
of
natural
resources
and
only
if
the
25
place
of
business
of
the
dealer
is
within
a
10-mile
radius
of
26
a
redemption
center
or
dealer
agent.
The
bill
requires
the
27
registration
of
the
universal
product
code
for
each
beverage
28
container
in
a
format
provided
by
the
department
of
natural
29
resources.
The
bill
requires
a
redemption
center
to
file
a
30
notice
with
the
department
of
natural
resources
but
does
not
31
require
the
department
of
natural
resources
to
grant
approval
32
for
any
redemption
centers.
The
bill
also
allows
a
dealer
or
33
person
operating
a
redemption
center
to
enter
into
contracts
34
or
agreements
for
the
collection
or
disposal
of
beverage
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containers.
1
The
bill
authorizes
the
department
to
establish
a
civil
2
penalty
of
$2,500
for
a
violation
of
any
provision
of
Code
3
chapter
455C.
The
bill
allows
the
department
to
issue
4
compliance
orders,
subject
to
judicial
review,
that
may
be
5
enforced
by
the
attorney
general’s
office.
A
violation
of
a
6
compliance
order
is
subject
to
a
fine
of
not
more
than
$10,000
7
per
day
per
violation.
8
The
bill
takes
effect
July
1,
2020.
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