Text: HF00266 Text: HF00268 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 455D.22 PACKAGING REVIEW BOARD.
1 2 1. DEFINITIONS. As used in this section, unless the
1 3 context otherwise requires:
1 4 a. "Board" means the packaging review board established
1 5 pursuant to this section.
1 6 b. "Committee" means the packaging review advisory
1 7 committee established in this section.
1 8 c. "Package" means package as defined in section 455D.19.
1 9 2. PACKAGING REVIEW BOARD.
1 10 a. A packaging review board is established within the
1 11 department of natural resources. The board consists of the
1 12 following members:
1 13 (1) The director of the department of natural resources or
1 14 the director's designee.
1 15 (2) The secretary of agriculture or the secretary's
1 16 designee.
1 17 (3) The director of the director of the department of
1 18 economic development or the director's designee.
1 19 b. The director of the department of natural resources or
1 20 the director's designee shall serve as chairperson of the
1 21 board. The board shall meet as frequently as the business of
1 22 the board requires, but at least quarterly.
1 23 c. The chairperson shall designate an employee of the
1 24 department to act as secretary of the board.
1 25 3. The board shall do all of the following:
1 26 a. Adopt rules under chapter 17A to implement this
1 27 section.
1 28 b. Monitor the development of national standards relating
1 29 to the environmental benefit claims of packaging; seek to
1 30 assist in the development of the standards; and seek to host,
1 31 as necessary, national and regional forums on promotion of the
1 32 environmental benefits of packaging.
1 33 c. Educate the public on the issue of promotion the
1 34 environmental benefits of packaging.
1 35 d. Gather information relating to claims of environmental
2 1 benefit made for packaging used in this state and provide
2 2 annual reports to the consumer protection division of the
2 3 office of attorney general.
2 4 e. Establish standards for the awarding of the
2 5 environmental benefits logo to applicants. The standards
2 6 shall include but are not limited to a determination that the
2 7 material used in the packaging is environmentally acceptable,
2 8 a determination that the packaging will not have a negative
2 9 impact on product recovery and is reusable or recyclable, and
2 10 a determination that the benefits of the product to the public
2 11 outweigh the environmental costs of the packaging.
2 12 4. ENVIRONMENTAL BENEFITS LOGO - AUTHORIZATION OF USE.
2 13 a. The board shall develop a program using a logo or logos
2 14 authorized for use in promotion the environmental benefits of
2 15 packaging, which shall include standards for authorizing the
2 16 use of a logo or logos.
2 17 b. The program shall include a process for application for
2 18 and awarding of the logo to manufacturers or users of
2 19 packaging or representatives of manufacturers or users who
2 20 apply for authorization to display the logo.
2 21 c. Upon application of a manufacturer or user of a package
2 22 or class of packages, or a representative of a manufacturer or
2 23 user, the applicant shall pay an application fee of one
2 24 thousand dollars. The board shall determine whether to
2 25 recommend the use or discontinuance of the use of the
2 26 environmental benefits logo by the applicant. The board shall
2 27 make its recommendations to the director of the department of
2 28 natural resources after a hearing on the application.
2 29 d. The board may require the applicant to provide
2 30 information the board deems necessary to make its
2 31 determination, including, but not limited to, data regarding a
2 32 cost benefits analysis of the packaging.
2 33 e. At the request of the applicant, the board and any
2 34 members or staff of the board shall hold any information
2 35 submitted to the board as confidential proprietary
3 1 information, and such information is not subject to disclosure
3 2 under chapter 21 or 22 or upon any other basis.
3 3 f. In authorizing the use of a logo under this program,
3 4 the board, the state, and any state agency, official, or
3 5 employee involved in the authorization is immune from a civil
3 6 suit for damages, including, but not limited to, a suit based
3 7 on contract, breach of warranty, negligence, strict liability,
3 8 or tort. Authorization of the use of a logo by the board, the
3 9 state, or any state agency, official, or employee is not an
3 10 express or implied guarantee or warranty concerning the
3 11 environmental benefit of the applicant's packaging. This
3 12 paragraph does not create a duty of care to the applicant or
3 13 any other person.
3 14 g. Moneys collected from applicants shall be deposited in
3 15 the waste volume reduction and recycling fund created under
3 16 section 455D.15 to be used for administration, research, and
3 17 other costs of the packaging review program.
3 18 6. PACKAGING REVIEW ADVISORY COMMITTEE.
3 19 a. The governor shall appoint in accordance with sections
3 20 69.16 and 69.16A, an eight-member packaging review advisory
3 21 committee for the purpose of providing technical advice to the
3 22 packaging review board. The members shall serve without
3 23 compensation. The members' terms of office shall be three
3 24 years and shall be staggered. The committee shall consist of
3 25 a representative from each of the following categories:
3 26 (1) The department of natural resources.
3 27 (2) The retail food industry.
3 28 (3) An environmental group.
3 29 (4) The packaging manufacturing industry.
3 30 (5) Local government.
3 31 (6) The waste disposal or recycling industry.
3 32 (7) The restaurant industry.
3 33 (8) The waste reduction center.
3 34 b. The representative of the department shall serve as the
3 35 committee chairperson.
4 1 c. The committee shall provide technical advice and
4 2 recommendations to the board concerning the environmental
4 3 benefits and impacts of the manufacture, use, and disposal of
4 4 packages.
4 5 d. A list of the members of the committee shall be
4 6 submitted with a progress report of the committee and the
4 7 board in the report filed by the department pursuant to
4 8 section 7A.3.
4 9 e. The governor shall make initial appointments to the
4 10 packaging review advisory committee as follows:
4 11 (1) Three members to one-year terms.
4 12 (2) Two members to two-year terms.
4 13 (3) Three members to three-year terms.
4 14 Subsequent appointments shall be for three-year terms.
4 15 Sec. 2. Section 455D.15, subsection 3, Code 1995, is
4 16 amended by adding the following new paragraph:
4 17 NEW PARAGRAPH. j. To provide for administration,
4 18 research, and other costs associated with the packaging review
4 19 program pursuant to section 455D.22.
4 20 EXPLANATION
4 21 This bill creates a packaging review board to promote the
4 22 manufacture and use of environmentally beneficial packaging.
4 23 The board is directed to develop a logo for use in identifying
4 24 environmentally beneficial packaging and to evaluate
4 25 applicants and authorize use of the environmental benefits
4 26 logo. A packaging advisory committee is created to provide
4 27 the board with technical advice in related areas. A
4 28 manufacturer or user may seek authorization of the board to
4 29 use the logo for environmentally beneficial packaging through
4 30 an application process including payment of an application
4 31 fee. Moneys collected from the authorization application
4 32 process are deposited in the waste volume reduction and
4 33 recycling fund and are to be used for administrative,
4 34 research, and other costs associated with the packaging review
4 35 program.
5 1 LSB 1775HH 76
5 2 pf/jj/8
Text: HF00266 Text: HF00268 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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