Text: HF00171 Text: HF00173 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 455C.1, subsections 1, 2, 9, and 13, 1 2 Code 2001, are amended to read as follows: 1 3 1. "Beverage" means wine as defined in section 123.3, 1 4 subsection 37, alcoholic liquor as defined in section 123.3, 1 5 subsection 5, beer as defined in section 123.3, subsection 7, 1 6mineral water, soda water and similar carbonated soft drinks1 7 and any nonalcoholic carbonated and noncarbonated drinks 1 8 excluding milk and dairy-derived products in liquid form and 1 9 intended for human consumption. "Beverage" shall not include 1 10 any of the following: 1 11 a. A liquid which is any of the following: 1 12 (1) A syrup. 1 13 (2) In a concentrated form. 1 14 (3) Typically added as a minor flavoring ingredient in 1 15 food or drink, such as extracts, cooking additives, sauces, or 1 16 condiments. 1 17 b. A liquid which is ingested in very small quantities and 1 18 which is consumed for medicinal purposes only. 1 19 c. A liquid which is designed and consumed only as a 1 20 nutritional supplement and not as a beverage. 1 21 d. Products frozen at the time of sale to the consumer, 1 22 or, in the case of institutional users such as hospitals and 1 23 nursing homes, at the time of sale to such users. 1 24 e. Products designed to be consumed in a frozen state. 1 25 f. Instant drink powders. 1 26 g. Seafood, meat, or vegetable broths or soups but not 1 27 juices. 1 28 h. Farm-produced apple cider, which has not been heated, 1 29 pasteurized, or otherwise processed. 1 30 2. "Beverage container" means anysealed glass, plastic,1 31or metalbottle, can, jar, orcartonother container made of 1 32 glass, metal, or plastic containing a beverage which has been 1 33 sealed by a manufacturer. 1 34 9. "Distributor" means any person who engages in the sale 1 35 or distribution of beverages in beverage containers to a 2 1 dealer in this state, including any manufacturer who engages 2 2 in such sales. "Distributor" also means any dealer that 2 3 manufactures or contracts for the manufacture of its own 2 4 beverage for exclusive sale by that dealer. 2 5 13. "Redemption center" meansa facilityboth approved and 2 6 unapproved facilities at which consumers may return empty 2 7 beverage containers and receive payment for the refund value 2 8 of the empty beverage containers. 2 9 Sec. 2. Section 455C.1, Code 2001, is amended by adding 2 10 the following new subsection: 2 11 NEW SUBSECTION. 11A. "Milk and dairy-derived products" 2 12 means whole milk, skim milk, low-fat milk, cream, or any 2 13 combination thereof. "Milk and dairy-derived products" also 2 14 means products of which the single largest ingredient is whole 2 15 milk, milk fat, or milk with varying percentages of milk fat. 2 16 Sec. 3. Section 455C.2, subsection 2, Code 2001, is 2 17 amended to read as follows: 2 18 2. In addition to the refund value provided in subsection 2 19 1 of this section, a dealer, or person operating a redemption 2 20 center who redeems empty beverage containers or a dealer agent 2 21 shall be reimbursed by the distributor required to accept the 2 22 empty beverage containers an amount which isone centtwo 2 23 cents per container. A dealer, dealer agent, or person 2 24 operating a redemption center may compact empty metal beverage 2 25 containers with the approval of the distributor required to 2 26 accept the containers. 2 27 Sec. 4. Section 455C.3, subsection 2, Code 2001, is 2 28 amended to read as follows: 2 29 2. A distributor shall accept and pick up from a dealer 2 30 served by the distributor or a redemption centerfor a dealer2 31 within the geographic territory served by the distributorat2 32least weekly, or when the distributor delivers the beverage2 33product if deliveries are less frequent than weekly,any empty 2 34 beverage container of the kind, size, and brand sold by the 2 35 distributor, and. A distributor shall accept and pick up 3 1 beverage containers from a dealer or redemption center within 3 2 seven days of the previous pickup from the same dealer or 3 3 redemption center. A distributor shall pay to the dealer or 3 4 person operating a redemption center the refund value of a 3 5 beverage container and the reimbursement as provided under 3 6 section 455C.2 within one week following pickup of the 3 7 containers or when the dealer or redemption center normally 3 8 pays the distributor for the deposit on beverage products 3 9 purchased from the distributor if less frequent than weekly. 3 10 A distributor or employee or agent of a distributor is not in 3 11 violation of this subsection if a redemption center is closed 3 12 when the distributor attempts to make a regular delivery or a 3 13 regular pickup of empty beverage containers. This subsection 3 14 does not apply to a distributor selling alcoholic liquor to 3 15 the alcoholic beverages division of the department of 3 16 commerce. 3 17 Sec. 5. NEW SECTION. 455C.3A DISTRIBUTOR SEPARATE 3 18 ACCOUNTS. 3 19 1. A distributor subject to the provisions of this chapter 3 20 shall open and maintain a separate account to be known as the 3 21 Iowa refund value account. The account shall be kept separate 3 22 from all other accounts and revenues of the distributor and 3 23 shall be maintained by the distributor on behalf of the 3 24 consumers purchasing a beverage container from a dealer and on 3 25 behalf of the state. Moneys in the account shall not be 3 26 considered income of the distributor and shall be used only to 3 27 pay refund values as required in section 455C.3, subsections 2 3 28 and 4. Any interest earned on the account may be removed from 3 29 the account and may be retained by the distributor. 3 30 2. A distributor shall deposit five cents in the 3 31 distributor's Iowa refund value account for every beverage 3 32 container sold to a dealer in this state. The deposit shall 3 33 be made in a prompt manner following a sale and delivery of a 3 34 beverage container to a dealer. 3 35 3. At the end of each month, the distributor shall 4 1 determine what amount, if any, is equal to the excess of the 4 2 sum of the income earned on the account during that month and 4 3 the total amount deposited in the account during that month 4 4 and the previous two months. Any excess shall be deemed to 4 5 constitute abandoned refund value. By the seventh day of the 4 6 following month, a distributor shall remit any excess to the 4 7 department for deposit in the Robert D. Ray beautiful land 4 8 fund established in section 455C.3B. 4 9 Sec. 6. NEW SECTION. 455C.3B ROBERT D. RAY BEAUTIFUL 4 10 LAND FUND. 4 11 1. The Robert D. Ray beautiful land fund is established in 4 12 the office of the treasurer of state under the control of the 4 13 department. The fund shall consist of any moneys appropriated 4 14 by the general assembly for that purpose and any other moneys 4 15 available to and obtained or accepted by the department for 4 16 placement in the fund. The fund shall also consist of moneys 4 17 received from distributors for deposit pursuant to section 4 18 455C.3A. 4 19 2. Moneys in the fund are appropriated annually as 4 20 follows: 4 21 a. Two hundred fifty thousand dollars to the state 4 22 department of transportation to be used for purposes of the 4 23 adopt-a-highway program administered by the department. 4 24 b. Three hundred fifty thousand dollars to the state board 4 25 of regents for the Iowa waste reduction center for the safe 4 26 and economic management of solid waste and hazardous 4 27 substances established in section 268.4 for purposes of the 4 28 Iowa waste exchange. 4 29 c. The remaining moneys to the department of natural 4 30 resources to be used as follows: 4 31 (1) One-third of the remaining moneys shall be used to 4 32 provide financial assistance to cities, counties, or private 4 33 organizations for purposes of assisting adopt-a-place programs 4 34 designed to address litter collection and prevention. 4 35 (2) One-sixth of the remaining moneys shall be used to 5 1 provide grants to dealers, dealer agents, and persons 5 2 operating a redemption center for purposes of increasing the 5 3 effectiveness, efficiency, and convenience of redemption. 5 4 (3) One-sixth of the remaining moneys shall be used to 5 5 provide grants to cities, counties, or private organizations 5 6 for purposes of awareness, informational, or educational 5 7 programs designed to address litter and illegal dumping 5 8 issues. 5 9 (4) One-sixth of the remaining moneys shall be used to 5 10 provide grants to cities, counties, or private organizations 5 11 for purposes of awareness, informational, or educational 5 12 programs designed to address waste reduction, waste reuse, and 5 13 recycling issues. 5 14 (5) One-sixth of the remaining moneys shall be used to 5 15 provide no-interest loans to cities, counties, or public or 5 16 private organizations for purposes of developing end uses and 5 17 markets for recyclables in the state. 5 18 3. Notwithstanding section 8.33, all moneys in the Robert 5 19 D. Ray beautiful land fund which remain unexpended or 5 20 unobligated at the end of each fiscal year shall not revert 5 21 but shall remain available for expenditure in subsequent 5 22 fiscal years. 5 23 Sec. 7. Section 455C.5, subsection 1, Code 2001, is 5 24 amended to read as follows: 5 25 1. Each beverage container sold or offered for sale in 5 26 this state by a dealer shall clearly indicate by embossing or 5 27 by a stamp, label or other method securely affixed to the 5 28 container, the refund value of the container. The department 5 29 shall specify, by rule, the minimum size of the refund value 5 30 indication on the beverage containers. The embossing, stamp, 5 31 label, or other method used to identify containers with a 5 32 refund value shall be clear, conspicuous, and in significant 5 33 color contrast to the rest of the container. 5 34 Sec. 8. NEW SECTION. 455C.17 RECYCLED CONTENT IN 5 35 BEVERAGE CONTAINERS. 6 1 A beverage container sold or offered for sale in this state 6 2 shall have a minimum postconsumer recycled content of twenty- 6 3 five percent by weight. 6 4 EXPLANATION 6 5 6 6 This bill expands the list of beverage containers which are 6 7 covered under the beverage container control laws in Code 6 8 chapter 455C to include any nonalcoholic carbonated and 6 9 noncarbonated drinks excluding milk and dairy-derived 6 10 products. The bill excludes from the expanded list any liquid 6 11 which is a syrup, in a concentrated form, or is typically 6 12 added as a minor flavoring ingredient in food or drink; any 6 13 liquid which is ingested in very small quantities and which is 6 14 consumed for medicinal purposes only; any liquid which is 6 15 designed and consumed only as a nutritional supplement and not 6 16 as a beverage; products frozen at the time of sale to the 6 17 consumer, or, in the case of institutional users such as 6 18 hospitals and nursing homes, at the time of sale to such 6 19 users; products designed to be consumed in a frozen state; 6 20 instant drink powders; seafood, meat, or vegetable broths or 6 21 soups but not juices; and farm-produced apple cider, which has 6 22 not been heated, pasteurized, or otherwise processed. 6 23 The bill amends the definition of "distributor" to include 6 24 any dealer that manufactures or contracts for the manufacture 6 25 of its own beverage for exclusive sale by that dealer. 6 26 The bill increases the reimbursement amount received by a 6 27 dealer or person operating a redemption center who redeems 6 28 empty beverage containers from 1 cent per container to 2 cents 6 29 per container. The reimbursement amount is paid by the 6 30 distributor who collects the beverage containers from the 6 31 dealer or person operating a redemption center. 6 32 The bill provides that a distributor shall accept and pick 6 33 up from a dealer served by the distributor or a redemption 6 34 center within the geographic territory served by the 6 35 distributor any empty beverage container of the kind, size, 7 1 and brand sold by the distributor within seven days of the 7 2 previous pickup from the same dealer or redemption center. 7 3 The bill provides that a distributor shall open and 7 4 maintain a separate account to be known as the Iowa refund 7 5 value account. The bill provides that the account shall be 7 6 kept separate from all other accounts and revenues of the 7 7 distributor and shall be maintained by the distributor on 7 8 behalf of the consumers purchasing a beverage container from a 7 9 dealer and on behalf of the state. The bill provides that 7 10 moneys in the account shall be used only to pay refund values. 7 11 The bill provides that a distributor shall deposit 5 cents in 7 12 the distributor's account for every beverage container sold to 7 13 a dealer in this state. 7 14 The bill provides that at the end of each month, the 7 15 distributor shall determine what amount, if any, is equal to 7 16 the excess of the sum of the income earned on the account 7 17 during that month and the total amount deposited in the 7 18 account during that month and the previous two months. The 7 19 bill provides that any excess shall be deemed to constitute 7 20 abandoned refund value and shall be remitted to the department 7 21 of natural resources for deposit in the Robert D. Ray 7 22 beautiful land fund which is established in the bill. 7 23 The bill sets out the amounts and purposes for which moneys 7 24 in the fund are appropriated annually. The bill provides that 7 25 $250,000 of the fund is appropriated to the state department 7 26 of transportation for purposes of the adopt-a-highway program, 7 27 and $350,000 is appropriated to the state board of regents for 7 28 the Iowa waste reduction center. The bill provides that the 7 29 remaining moneys are appropriated to the department of natural 7 30 resources to be used as follows: 7 31 1. One-third to provide financial assistance for purposes 7 32 of assisting adopt-a-place programs designed to address litter 7 33 collection and prevention. 7 34 2. One-sixth to provide grants to dealers, dealer agents, 7 35 and persons operating a redemption center for purposes of 8 1 increasing the effectiveness, efficiency, and convenience of 8 2 redemption. 8 3 3. One-sixth to provide grants for purposes of awareness, 8 4 informational, or educational programs designed to address 8 5 litter and illegal dumping issues. 8 6 4. One-sixth to provide grants for purposes of awareness, 8 7 informational, or educational programs designed to address 8 8 waste reduction, waste reuse, and recycling issues. 8 9 5. One-sixth to provide no-interest loans for purposes of 8 10 developing end uses and markets for recyclables in the state. 8 11 The bill provides that the indication by embossing or by a 8 12 stamp, label, or other method used to identify containers with 8 13 a refund value shall be clear, conspicuous, and in significant 8 14 color contrast to the rest of the container. 8 15 The bill provides that a beverage container sold or offered 8 16 for sale in this state shall have a minimum postconsumer 8 17 recycled content of 25 percent by weight. 8 18 LSB 1846HH 79 8 19 tm/cls/14.2
Text: HF00171 Text: HF00173 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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