Bill Text: IA SF520 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the redemption and handling of beverage containers, providing civil penalties, and including effective date provisions. (Formerly SF 59.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2019-03-26 - Subcommittee recommends amendment and passage. [SF520 Detail]
Download: Iowa-2019-SF520-Introduced.html
Senate
File
520
-
Introduced
SENATE
FILE
520
BY
COMMITTEE
ON
NATURAL
RESOURCES
AND
ENVIRONMENT
(SUCCESSOR
TO
SF
59)
A
BILL
FOR
An
Act
relating
to
the
redemption
and
handling
of
beverage
1
containers,
providing
civil
penalties,
and
including
2
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
455C.1,
Code
2019,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
12A.
“Participating
dealer”
means
a
dealer
3
who
accepts
the
return
of
empty
beverage
containers
from
a
4
consumer.
5
Sec.
2.
Section
455C.2,
Code
2019,
is
amended
to
read
as
6
follows:
7
455C.2
Refund
values.
8
1.
A
refund
value
of
not
less
than
five
cents
shall
be
paid
9
by
the
consumer
on
each
beverage
container
sold
in
this
state
10
by
a
dealer
for
consumption
off
the
premises.
Upon
return
of
11
the
empty
beverage
container
upon
which
a
refund
value
has
12
been
paid
to
the
participating
dealer
or
person
operating
13
a
redemption
center
and
acceptance
of
the
empty
beverage
14
container
by
the
participating
dealer
or
person
operating
a
15
redemption
center,
the
participating
dealer
or
person
operating
16
a
redemption
center
shall
return
the
amount
of
the
refund
value
17
to
the
consumer.
18
2.
In
addition
to
the
refund
value
provided
in
subsection
1
19
of
this
section
,
a
participating
dealer,
or
person
operating
a
20
redemption
center
who
redeems
empty
beverage
containers
,
or
a
21
dealer
agent
shall
be
reimbursed
by
the
distributor
required
22
to
accept
the
empty
beverage
containers
an
amount
which
that
23
is
one
cent
two
cents
per
container.
A
participating
dealer,
24
dealer
agent,
or
person
operating
a
redemption
center
may
25
compact
empty
metal
beverage
containers
with
the
approval
of
26
the
distributor
required
to
accept
the
containers.
27
Sec.
3.
Section
455C.3,
subsections
1,
2,
and
4,
Code
2019,
28
are
amended
to
read
as
follows:
29
1.
A
participating
dealer
shall
not
refuse
to
accept
from
a
30
consumer
any
empty
beverage
container
of
the
kind,
size
,
and
31
brand
sold
by
the
participating
dealer,
or
refuse
to
pay
to
the
32
consumer
the
refund
value
of
a
beverage
container
as
provided
33
under
section
455C.2
.
34
2.
A
distributor
shall
accept
and
pick
up
from
a
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participating
dealer
served
by
the
distributor
or
a
redemption
1
center
for
a
dealer
served
by
the
distributor
at
least
weekly,
2
or
when
the
distributor
delivers
the
beverage
product
if
3
deliveries
are
less
frequent
than
weekly,
any
empty
beverage
4
container
of
the
kind,
size
,
and
brand
sold
by
the
distributor,
5
and
shall
pay
to
the
participating
dealer
or
person
operating
6
a
redemption
center
the
refund
value
of
a
beverage
container
7
and
the
reimbursement
as
provided
under
section
455C.2
within
8
one
week
following
pickup
of
the
containers
or
when
the
9
participating
dealer
or
redemption
center
normally
pays
the
10
distributor
for
the
deposit
on
beverage
products
purchased
from
11
the
distributor
if
less
frequent
than
weekly.
A
distributor
12
or
employee
or
agent
of
a
distributor
is
not
in
violation
13
of
this
subsection
if
a
redemption
center
is
closed
when
the
14
distributor
attempts
to
make
a
regular
delivery
or
a
regular
15
pickup
of
empty
beverage
containers.
This
subsection
does
16
not
apply
to
a
distributor
selling
alcoholic
liquor
to
the
17
alcoholic
beverages
division
of
the
department
of
commerce.
18
4.
A
distributor
shall
accept
from
a
dealer
agent
any
empty
19
beverage
container
of
the
kind,
size,
and
brand
sold
by
the
20
distributor
and
which
that
was
picked
up
by
the
dealer
agent
21
from
a
participating
dealer
within
the
geographic
territory
22
served
by
the
distributor
and
the
distributor
shall
pay
the
23
dealer
agent
the
refund
value
of
the
empty
beverage
container
24
and
the
reimbursement
as
provided
in
section
455C.2
.
25
Sec.
4.
Section
455C.4,
Code
2019,
is
amended
to
read
as
26
follows:
27
455C.4
Refusal
to
accept
containers.
28
1.
Except
as
provided
in
section
455C.5,
subsection
3
,
a
29
participating
dealer,
a
person
operating
a
redemption
center,
a
30
distributor
,
or
a
manufacturer
may
refuse
to
accept
any
empty
31
beverage
container
which
does
not
have
stated
on
it
a
refund
32
value
as
provided
under
section
455C.2
.
33
2.
A
dealer
may
refuse
to
accept
and
to
pay
the
refund
value
34
of
any
empty
beverage
container
if
the
place
of
business
of
the
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dealer
and
the
kind
and
brand
of
empty
beverage
containers
are
1
included
in
an
order
of
the
department
approving
a
redemption
2
center
under
section
455C.6
by
providing
notice
to
the
3
department
.
4
3.
A
dealer
or
a
distributor
may
refuse
to
accept
and
to
pay
5
the
refund
value
of
an
empty
wine
or
alcoholic
liquor
container
6
which
is
marked
to
indicate
that
it
was
sold
by
a
state
liquor
7
store.
The
alcoholic
beverages
division
shall
not
reimburse
8
a
dealer
or
a
distributor
the
refund
value
on
an
empty
wine
or
9
alcoholic
liquor
container
which
is
marked
to
indicate
that
the
10
container
was
sold
by
a
state
liquor
store.
11
4.
3.
A
class
“E”
liquor
control
licensee
may
refuse
to
12
accept
and
to
pay
the
refund
value
on
an
empty
alcoholic
liquor
13
container
from
a
participating
dealer
or
a
redemption
center
14
or
from
a
person
acting
on
behalf
of
or
who
has
received
empty
15
alcoholic
liquor
containers
from
a
participating
dealer
or
a
16
redemption
center.
17
5.
4.
A
manufacturer
or
distributor
may
refuse
to
accept
18
and
to
pay
the
refund
value
and
reimbursement
as
provided
in
19
section
455C.2
on
any
empty
beverage
container
that
was
picked
20
up
by
a
dealer
agent
from
a
participating
dealer
outside
the
21
geographic
territory
served
by
the
manufacturer
or
distributor.
22
Sec.
5.
Section
455C.5,
subsection
1,
Code
2019,
is
amended
23
to
read
as
follows:
24
1.
Each
beverage
container
sold
or
offered
for
sale
in
25
this
state
by
a
dealer
shall
clearly
indicate
by
embossing
or
26
by
a
stamp,
label
,
or
other
method
securely
affixed
to
the
27
container
,
the
refund
value
of
the
container.
The
department
28
shall
specify,
by
rule,
the
minimum
size
of
the
refund
value
29
indication
on
the
beverage
containers
and
require
registration
30
of
the
universal
product
code
for
each
beverage
container
in
a
31
format
required
by
the
department
.
32
Sec.
6.
Section
455C.6,
subsections
1,
2,
and
5,
Code
2019,
33
are
amended
to
read
as
follows:
34
1.
To
facilitate
the
return
of
empty
beverage
containers
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and
to
serve
dealers
of
beverages,
any
person
may
establish
a
1
redemption
center
,
subject
to
the
approval
of
the
department,
2
at
which
consumers
may
return
empty
beverage
containers
3
and
receive
payment
of
the
refund
value
of
such
beverage
4
containers.
5
2.
An
application
for
approval
of
Written
notice
of
the
6
operation
of
a
redemption
center
shall
be
filed
with
the
7
department.
The
application
notice
shall
state
the
name
and
8
address
of
the
person
responsible
for
the
establishment
and
9
operation
of
the
redemption
center
,
the
kind
and
brand
names
10
of
the
beverage
containers
which
will
be
accepted
at
the
11
redemption
center,
and
the
names
and
addresses
of
the
dealers
12
to
be
served
by
the
redemption
center.
The
application
notice
13
shall
contain
such
other
information
as
the
director
may
14
reasonably
require.
15
5.
All
approved
redemption
centers
shall
meet
applicable
16
health
standards.
17
Sec.
7.
Section
455C.6,
subsections
3
and
4,
Code
2019,
are
18
amended
by
striking
the
subsections.
19
Sec.
8.
Section
455C.12,
subsections
2
and
3,
Code
2019,
are
20
amended
to
read
as
follows:
21
2.
A
distributor
who
collects
or
attempts
to
collect
22
a
refund
value
on
an
empty
beverage
container
when
the
23
distributor
has
paid
the
refund
value
on
the
container
to
a
24
participating
dealer,
redemption
center,
or
consumer
is
guilty
25
of
a
fraudulent
practice.
26
3.
Any
person
who
does
any
of
the
following
acts
is
guilty
27
of
a
fraudulent
practice:
28
a.
Collects
or
attempts
to
collect
the
refund
value
on
the
29
container
a
second
time,
with
the
knowledge
that
the
refund
30
value
has
once
been
paid
by
the
distributor
to
a
participating
31
dealer,
redemption
center
,
or
consumer.
32
b.
Manufactures,
sells,
possesses
or
applies
a
false
or
33
counterfeit
label
or
indication
which
shows
or
purports
to
show
34
a
refund
value
for
a
beverage
container,
with
intent
to
use
the
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false
or
counterfeit
label
or
indication.
1
c.
Collects
or
attempts
to
collect
a
refund
value
on
2
a
container
with
the
use
of
a
false
or
counterfeit
label
3
or
indication
showing
a
refund
value,
knowing
the
label
or
4
indication
to
be
false
or
counterfeit.
5
Sec.
9.
Section
455C.12,
Code
2019,
is
amended
by
adding
the
6
following
new
subsection:
7
NEW
SUBSECTION
.
6.
A
person
who
violates
any
provision
of
8
this
chapter
shall
be
subject
to
a
civil
penalty
that
shall
9
be
established,
assessed,
and
collected
in
the
same
manner
10
as
provided
in
section
455B.109.
Any
civil
penalty
shall
be
11
deposited
in
the
general
fund
of
the
state.
12
Sec.
10.
NEW
SECTION
.
455C.12A
Administrative
enforcement
13
——
compliance
orders.
14
The
director
may
issue
any
order
necessary
to
secure
15
compliance
with
or
prevent
a
violation
of
the
provisions
of
16
this
chapter
or
any
rule
adopted
or
permit
or
order
issued
17
pursuant
to
this
chapter.
The
person
to
whom
such
compliance
18
order
is
issued
may
cause
to
be
commenced
a
contested
case
19
within
the
meaning
of
chapter
17A
by
filing
within
thirty
20
days
a
notice
of
appeal
to
the
commission.
On
appeal,
the
21
commission
may
affirm,
modify,
or
vacate
the
order
of
the
22
director.
23
Sec.
11.
NEW
SECTION
.
455C.12B
Judicial
review.
24
Judicial
review
of
any
order
or
other
action
of
the
25
commission
or
director
may
be
sought
in
accordance
with
the
26
terms
of
chapter
17A.
Notwithstanding
the
terms
of
chapter
27
17A,
petitions
for
judicial
review
may
be
filed
in
the
district
28
court
of
the
county
in
which
the
alleged
offense
was
committed.
29
Sec.
12.
NEW
SECTION
.
455C.12C
Civil
actions
for
compliance
30
——
penalties.
31
1.
The
attorney
general,
on
request
of
the
department,
shall
32
institute
any
legal
proceedings
necessary
to
obtain
compliance
33
with
an
order
of
the
commission
or
the
director,
including
34
proceedings
for
a
temporary
injunction,
or
prosecuting
any
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person
for
a
violation
of
an
order
of
the
commission
or
the
1
director
or
the
provisions
of
this
chapter
or
any
rules
adopted
2
or
permit
or
order
issued
pursuant
to
this
chapter.
3
2.
Any
person
who
violates
any
order
issued
pursuant
to
4
455C.12A
shall
be
subject
to
a
civil
penalty,
not
to
exceed
ten
5
thousand
dollars
for
each
day
of
such
violation.
6
Sec.
13.
Section
455C.13,
Code
2019,
is
amended
to
read
as
7
follows:
8
455C.13
Distributors’
agreements
authorized.
9
1.
A
distributor
,
dealer,
or
redemption
center
may
enter
10
into
a
contract
or
agreement
with
any
other
distributor,
11
manufacturer
,
or
person
for
the
purpose
of
collecting
or
paying
12
the
refund
value
on,
or
disposing
of,
beverage
containers
as
13
provided
in
this
chapter
.
14
2.
For
purposes
of
this
chapter,
any
contracts
entered
into
15
pursuant
to
this
section
for
the
collecting
or
disposal
of
16
empty
beverage
containers
shall
not
be
deemed
to
interfere
with
17
the
refund
value
pursuant
to
section
455C.2.
A
contract
shall
18
not
authorize
a
person
to
offer
and
pay
a
refund
value
of
less
19
than
five
cents.
20
Sec.
14.
Section
455C.14,
subsection
1,
Code
2019,
is
21
amended
to
read
as
follows:
22
1.
If
the
refund
value
indication
required
under
section
23
455C.5
on
an
empty
nonrefillable
metal
beverage
container
24
is
readable
but
the
redemption
of
the
container
is
lawfully
25
refused
by
a
participating
dealer
or
person
operating
a
26
redemption
center
under
other
sections
of
this
chapter
or
27
rules
adopted
pursuant
to
these
sections,
the
container
28
shall
be
accepted
and
the
refund
value
paid
to
a
consumer
29
as
provided
in
this
section
.
Each
beer
distributor
selling
30
nonrefillable
metal
beverage
containers
in
this
state
shall
31
provide
individually
or
collectively
by
contract
or
agreement
32
with
a
dealer,
person
operating
a
redemption
center
,
or
another
33
person,
at
least
one
facility
in
the
county
seat
of
each
county
34
where
refused
empty
nonrefillable
metal
beverage
containers
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having
a
readable
refund
value
indication
as
required
by
1
this
chapter
are
accepted
and
redeemed.
In
cities
having
a
2
population
of
twenty-five
thousand
or
more,
the
number
of
the
3
facilities
provided
shall
be
one
for
each
twenty-five
thousand
4
population
or
a
fractional
part
of
that
population.
5
Sec.
15.
Section
455C.16,
Code
2019,
is
amended
to
read
as
6
follows:
7
455C.16
Beverage
containers
——
disposal
at
sanitary
landfill
8
prohibited.
9
Beginning
July
1,
1990,
the
The
final
disposal
of
beverage
10
containers
,
by
a
dealer,
distributor,
or
manufacturer,
or
11
person
operating
a
redemption
center,
in
a
sanitary
landfill,
12
is
prohibited.
Beginning
September
1,
1992,
including
the
13
final
disposal
of
beverage
containers
that
used
to
contain
14
alcoholic
liquor
as
defined
in
section
123.3,
subsection
5
,
by
15
a
dealer,
distributor,
or
manufacturer,
or
person
operating
a
16
redemption
center
in
a
sanitary
landfill
,
is
prohibited.
17
Sec.
16.
REPEAL.
Sections
455C.7
and
455C.10,
Code
2019,
18
are
repealed.
19
Sec.
17.
EFFECTIVE
DATE.
The
following
take
effect
July
1,
20
2020:
21
The
sections
of
this
Act
amending
sections
455C.3
and
22
455C.4.
23
Sec.
18.
EFFECTIVE
DATE.
The
following,
being
deemed
of
24
immediate
importance,
take
effect
upon
enactment:
25
The
sections
of
this
Act
amending
or
repealing
sections
26
455C.1,
455C.2,
455C.5,
455C.6,
455C.7,
455C.10,
455C.13,
27
455C.14,
and
455C.16.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
Under
current
law,
a
consumer
may
return
an
empty
beverage
32
container
upon
which
a
refund
value
has
been
paid
to
a
dealer
33
or
a
redemption
center.
When
a
distributor
collects
empty
34
beverage
containers
from
a
dealer,
dealer
agent,
or
redemption
35
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center,
the
distributor
reimburses
the
dealer,
dealer
agent,
or
1
redemption
center
the
refund
value
plus
a
1-cent
handling
fee
2
for
each
empty
beverage
container.
Current
law
also
allows
any
3
person
to
establish
a
redemption
center
that
serves
a
dealer
4
if
it
is
approved
by
the
department
of
natural
resources.
Any
5
person
can
also
establish
an
unapproved
redemption
center.
6
Under
this
bill,
a
dealer
may
choose
to
not
accept
beverage
7
containers
by
providing
notice
to
the
department
beginning
July
8
1,
2020.
9
The
bill
raises
the
handling
fee
paid
by
a
distributor
to
10
2
cents
for
each
empty
beverage
container.
The
bill
allows
a
11
person
to
establish
a
redemption
center
by
providing
notice
to
12
the
department.
The
bill
also
requires
each
beverage
container
13
to
have
a
registered
universal
product
code
in
a
format
14
required
by
the
department.
15
These
provisions
take
effect
upon
enactment.
The
bill
16
creates
civil
enforcement
procedures
and
penalties
for
a
17
violation
of
the
provisions
of
the
bill.
18
The
bill
makes
numerous
changes
throughout
Code
chapter
455C
19
to
change
instances
of
“dealer”
to
“participating
dealer”,
20
remove
obsolete
language,
and
stylistically
and
grammatically
21
update
the
Code
chapter.
22
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