House
File
198
-
Introduced
HOUSE
FILE
198
BY
GASKILL
A
BILL
FOR
An
Act
relating
to
the
applicability
of
beverage
containers
1
control
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
455C.1,
subsections
1
and
2,
Code
2019,
1
are
amended
to
read
as
follows:
2
1.
a.
“Beverage”
means
:
3
(1)
wine
Wine
as
defined
in
section
123.3,
subsection
48
,
.
4
(2)
alcoholic
Alcoholic
liquor
or
intoxicating
liquor
as
5
defined
in
section
123.3,
subsection
5
,
.
6
(3)
beer
Beer
as
defined
in
section
123.3,
subsection
7
,
.
7
(4)
mineral
Mineral
water,
soda
water
,
and
similar
8
carbonated
soft
drinks
in
liquid
form
and
intended
for
human
9
consumption
.
10
(5)
Any
liquid
identified
through
the
use
of
letters,
11
words,
or
symbols
on
its
product
label
as
a
type
of
water,
12
including
any
flavored
water
or
nutritionally
enhanced
water,
13
in
a
container
more
than
or
equal
to
four
fluid
ounces
and
less
14
than
three
liters.
15
(6)
Tea
and
coffee
drinks,
regardless
of
dairy-derived
16
content,
in
a
container
more
than
or
equal
to
four
fluid
ounces
17
and
less
than
three
liters.
18
(7)
Any
other
liquid
that
is
intended
for
human
consumption
19
and
is
in
a
container
more
than
or
equal
to
four
fluid
ounces
20
and
less
than
three
liters.
21
b.
For
the
purpose
of
this
chapter,
the
term
“beverage”
22
excludes
the
following:
23
(1)
A
liquid
that
is
a
syrup,
in
a
concentrated
form,
or
24
typically
added
as
a
minor
flavoring
ingredient
in
food
or
25
drink,
such
as
but
not
limited
to
extracts,
cooking
additives,
26
sauces,
or
condiments,
and
has
more
than
twenty
percent
juice
27
content.
28
(2)
A
liquid
that
is
a
drug,
medical
food,
or
infant
29
formula
as
defined
by
the
federal
Food,
Drug,
and
Cosmetic
Act,
30
codified
in
21
U.S.C.
§301
et
seq.
31
(3)
A
liquid
that
is
designed
and
consumed
only
as
a
dietary
32
supplement
and
not
as
a
beverage
as
defined
in
the
Dietary
33
Supplement
Health
and
Education
Act
of
1994,
Pub.
L.
No.
34
103-417.
35
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(4)
Instant
drink
powders.
1
(5)
Milk,
or
any
product
marketed
as
a
plant-based
milk,
2
and
all
other
dairy-derived
products,
except
tea
and
coffee
3
drinks
included
in
paragraph
“a”
,
subparagraph
(6),
of
this
4
subsection.
5
2.
“Beverage
container”
means
any
sealed
glass,
plastic,
6
or
metal
bottle
,
or
can
,
jar
or
carton
containing
a
beverage.
7
“Beverage
container”
does
not
include
jars,
cartons,
foil
8
pouches,
and
drink
boxes.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
Current
law
limits
beverage
containers
subject
to
beverage
13
containers
control
deposit
and
refund
provisions
to
any
sealed
14
glass,
plastic,
or
metal
bottle,
can,
jar,
or
carton
holding
15
wine,
alcoholic
liquor,
beer,
mineral
water,
soda
water,
and
16
carbonated
soft
drinks.
When
a
distributor
sells
beverages
in
17
eligible
containers
to
a
dealer,
the
distributor
attaches
an
18
extra
5
cents
per
eligible
container
to
the
sale
price.
When
a
19
dealer
sells
beverages
in
eligible
containers
to
a
consumer,
20
the
dealer
passes
on
the
5-cent
deposit
to
the
sale
price.
A
21
consumer
can
take
eligible
beverage
containers
to
a
dealer,
22
dealer
agent,
or
a
redemption
center
and
receive
a
5-cent
23
refund
for
every
eligible
beverage
container
that
the
consumer
24
returns.
A
distributor
collects
eligible
containers
from
a
25
dealer,
dealer
agent,
or
redemption
center,
at
which
time
26
the
distributor
pays
the
dealer,
dealer
agent,
or
redemption
27
center
5
cents
per
eligible
container
plus
a
handling
fee
of
an
28
additional
1
cent
per
empty
container.
29
This
bill
expands
the
definition
of
“beverage”
and
excludes
30
certain
substances
from
that
definition.
The
bill
removes
jars
31
and
cartons
from
the
definition
of
“beverage
container”
and
32
instead
excludes
jars,
cartons,
foil
pouches,
and
drink
boxes.
33
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