Text: SF00328 Text: SF00330 Text: SF00300 - SF00399 Text: SF 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 which are 1 27 not 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 a beverage 2 4 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. The department shall establish a 2 24 schedule of future increases of the reimbursement amount. A 2 25 dealer, dealer agent, or person operating a redemption center 2 26 may compact empty metal beverage containers with the approval 2 27 of the distributor required to accept the containers. 2 28 Sec. 4. Section 455C.3, subsection 2, Code 2001, is 2 29 amended to read as follows: 2 30 2. A distributor shall accept and pick up from a dealer 2 31 served by the distributor or a redemption centerfor a dealer2 32 within the geographic territory served by the distributorat2 33least weekly, or when the distributor delivers the beverage2 34product if deliveries are less frequent than weekly,any empty 2 35 beverage container of the kind, size, and brand sold by the 3 1 distributor, and. A distributor shall accept and pick up 3 2 beverage containers from a dealer or redemption center within 3 3 seven days of the previous pickup from the same dealer or 3 4 redemption center. A distributor shall pay to the dealer or 3 5 person operating a redemption center the refund value of a 3 6 beverage container and the reimbursement as provided under 3 7 section 455C.2 within one week following pickup of the 3 8 containers or when the dealer or redemption center normally 3 9 pays the distributor for the deposit on beverage products 3 10 purchased from the distributor if less frequent than weekly. 3 11 A distributor or employee or agent of a distributor is not in 3 12 violation of this subsection if a redemption center is closed 3 13 when the distributor attempts to make a regular delivery or a 3 14 regular pickup of empty beverage containers. This subsection 3 15 does not apply to a distributor selling alcoholic liquor to 3 16 the alcoholic beverages division of the department of 3 17 commerce. 3 18 Sec. 5. Section 455C.3, Code 2001, is amended by adding 3 19 the following new subsection: 3 20 NEW SUBSECTION. 6. Beginning with the calendar quarter 3 21 starting on July 1, 2001, a distributor who receives a refund 3 22 value for beverage containers sold to a dealer shall segregate 3 23 the moneys received in a fund, known as a deposit transaction 3 24 fund, which shall be maintained separately from all other 3 25 accounts and revenues of the distributor. A distributor shall 3 26 report on a quarterly basis to the department in the manner 3 27 prescribed by the department under section 455C.18. Moneys in 3 28 the deposit transaction fund shall be used to pay the refund 3 29 value to a dealer or person operating a redemption center and 3 30 shall not be used to pay the reimbursement amount required by 3 31 section 455C.2, subsection 2. A deposit transaction fund 3 32 shall be maintained by a distributor on behalf of consumers 3 33 who have purchased a beverage covered by this chapter and on 3 34 behalf of the state. At the end of each calendar quarter, any 3 35 moneys in the fund which constitute income earned on the fund 4 1 may be removed from the fund and retained by the distributor. 4 2 Sec. 6. NEW SECTION. 455C.3A ROBERT D. RAY BEAUTIFUL 4 3 LAND FUND. 4 4 1. The Robert D. Ray beautiful land fund is established in 4 5 the office of the treasurer of state under the control of the 4 6 department. The fund shall consist of any moneys appropriated 4 7 by the general assembly for that purpose and any other moneys 4 8 available to and obtained or accepted by the department for 4 9 placement in the fund. The fund shall also consist of moneys 4 10 received from distributors for deposit pursuant to section 4 11 455C.19. 4 12 2. Moneys in the fund are appropriated annually as 4 13 follows: 4 14 a. Two hundred fifty thousand dollars to the state 4 15 department of transportation to be used for purposes of the 4 16 adopt-a-highway program administered by the department. 4 17 b. Three hundred fifty thousand dollars to the state board 4 18 of regents for the Iowa waste reduction center for the safe 4 19 and economic management of solid waste and hazardous 4 20 substances established in section 268.4 for purposes of the 4 21 Iowa waste exchange. 4 22 c. The remaining moneys to the department of natural 4 23 resources to be used as follows: 4 24 (1) One-third of the remaining moneys shall be used to 4 25 provide financial assistance to cities, counties, or private 4 26 organizations for purposes of assisting adopt-a-place programs 4 27 designed to address litter collection and prevention. 4 28 (2) One-sixth of the remaining moneys shall be used to 4 29 provide grants to dealers, dealer agents, and persons 4 30 operating a redemption center for purposes of increasing the 4 31 effectiveness, efficiency, and convenience of redemption. 4 32 (3) One-sixth of the remaining moneys shall be used to 4 33 provide grants to cities, counties, or private organizations 4 34 for purposes of awareness, informational, or educational 4 35 programs designed to address litter and illegal dumping 5 1 issues. 5 2 (4) One-sixth of the remaining moneys shall be used to 5 3 provide grants to cities, counties, or private organizations 5 4 for purposes of awareness, informational, or educational 5 5 programs designed to address waste reduction, waste reuse, and 5 6 recycling issues. 5 7 (5) One-sixth of the remaining moneys shall be used to 5 8 provide no-interest loans to cities, counties, or public or 5 9 private organizations for purposes of developing end uses and 5 10 markets for recyclables in the state. 5 11 3. Notwithstanding section 8.33, all moneys in the Robert 5 12 D. Ray beautiful land fund which remain unexpended or 5 13 unobligated at the end of each fiscal year shall not revert 5 14 but shall remain available for expenditure in subsequent 5 15 fiscal years. 5 16 Sec. 7. Section 455C.4, subsection 3, Code 2001, is 5 17 amended by striking the subsection. 5 18 Sec. 8. Section 455C.5, subsections 2 and 3, Code 2001, 5 19 are amended to read as follows: 5 202. A person, except a distributor, shall not import into5 21this state after July 1, 1979 a beverage container which does5 22not have securely affixed to the container the refund value5 23indication. The provisions of this subsection do not apply5 24if:5 25a. For beverage containers containing alcoholic liquor as5 26defined in section 123.3, subsection 5, the total capacity of5 27the containers is not more than one quart or, in the case of5 28alcoholic liquor personally obtained outside the United5 29States, one gallon.5 30b. For beverage containers containing beer as defined in5 31section 123.3, subsection 7, the total capacity of the5 32containers is not more than two hundred eighty-eight fluid5 33ounces.5 34c. For all other beverage containers, the total capacity5 35of the containers is not more than five hundred seventy-six6 1fluid ounces.6 23.2.The provisions of subsections 1 and 2 of thisThis 6 3 sectiondodoes not apply to a refillable glass beverage 6 4 container which has a brand name permanently marked on it and 6 5 which has a refund value of not less than five cents, to any 6 6 other refillable beverage container which has a refund value 6 7 of not less than five cents and which is exempted by the 6 8 director under rules adopted by the commission, or to a 6 9 beverage container sold aboard a commercial airliner or 6 10 passenger train for consumption on the premises. 6 11 Sec. 9. Section 455C.12, subsection 1, Code 2001, is 6 12 amended to read as follows: 6 13 1. Any person violating the provisions of section 455C.2, 6 14 455C.3, 455C.5,and455C.8, or 455C.16, or a rule adopted 6 15 under this chapter shall be guilty of a simple misdemeanor. 6 16 Sec. 10. Section 455C.16, Code 2001, is amended to read as 6 17 follows: 6 18 455C.16 BEVERAGE CONTAINERS – DISPOSAL AT SANITARY 6 19 LANDFILL PROHIBITED. 6 20Beginning July 1, 1990, theThe final disposal of beverage 6 21 containers by a dealer, distributor, or manufacturer, or 6 22 person operating a redemption center, in a sanitary landfill, 6 23 is prohibited.Beginning September 1, 1992, the final6 24disposal of beverage containers used to contain alcoholic6 25liquor as defined in section 123.3, subsection 5, by a dealer,6 26distributor, or manufacturer, or person operating a redemption6 27center in a sanitary landfill, is prohibited.6 28 Sec. 11. NEW SECTION. 455C.17 RECYCLED CONTENT IN 6 29 BEVERAGE CONTAINERS. 6 30 A beverage container sold or offered for sale in this state 6 31 shall have a minimum postconsumer recycled content of twenty- 6 32 five percent by weight. 6 33 Sec. 12. NEW SECTION. 455C.18 REPORTS. 6 34 Every distributor shall report to the department by the 6 35 third day of the month following the completion of the 7 1 calendar quarter, concerning transactions affecting its 7 2 deposit transaction fund in the preceding calendar quarter. 7 3 The report shall be in a form prescribed by the department and 7 4 shall include the number of beverage containers sold during 7 5 the previous calendar quarter, the amount of refund value paid 7 6 by the distributor to a dealer or person operating a 7 7 redemption center during the previous calendar quarter, any 7 8 income earned on the account during the previous calendar 7 9 quarter, the balance of the fund at the end of the previous 7 10 calendar quarter, and any additional information required by 7 11 the department. 7 12 Sec. 13. NEW SECTION. 455C.19 ABANDONED DEPOSIT AMOUNTS. 7 13 1. At the end of each calendar quarter, any balance in a 7 14 distributor's deposit transaction fund which is in excess of 7 15 income earned on the fund in the previous calendar quarter 7 16 shall be deemed to be abandoned refund value. 7 17 2. By the third day of the month following the completion 7 18 of a calendar quarter, each distributor shall transfer to the 7 19 department any moneys in the deposit transaction fund which 7 20 are determined to be abandoned refund value. 7 21 3. Any moneys received by the department pursuant to this 7 22 section shall be deposited by the department in the Robert D. 7 23 Ray beautiful land fund created in section 455C.3A. 7 24 EXPLANATION 7 25 This bill expands the list of beverage containers which are 7 26 covered under the beverage container control laws in Code 7 27 chapter 455C to include any nonalcoholic carbonated and 7 28 noncarbonated drinks which are not milk and dairy-derived 7 29 products. The bill excludes from the expanded list any liquid 7 30 which is a syrup, in a concentrated form, or is typically 7 31 added as a minor flavoring ingredient in food or drink; any 7 32 liquid which is ingested in very small quantities and which is 7 33 consumed for medicinal purposes only; any liquid which is 7 34 designed and consumed only as a nutritional supplement and not 7 35 as a beverage; products frozen at the time of sale to the 8 1 consumer, or, in the case of institutional users such as 8 2 hospitals and nursing homes, at the time of sale to such 8 3 users; products designed to be consumed in a frozen state; 8 4 instant drink powders; seafood, meat, or vegetable broths or 8 5 soups but which are not juices; and farm-produced apple cider, 8 6 which has not been heated, pasteurized, or otherwise 8 7 processed. 8 8 The bill amends the definition of "distributor" to include 8 9 any dealer that manufactures or contracts for the manufacture 8 10 of its own beverage for exclusive sale by that dealer. 8 11 The bill increases the reimbursement amount received by a 8 12 dealer or person operating a redemption center who redeems 8 13 empty beverage containers from 1 cent per container to 2 cents 8 14 per container. The bill provides that the department shall 8 15 establish a schedule for future increases of the reimbursement 8 16 amount. The reimbursement amount is paid by the distributor 8 17 who collects the beverage containers from the dealer or person 8 18 operating a redemption center. 8 19 The bill provides that a distributor shall accept and pick 8 20 up from a dealer served by the distributor or a redemption 8 21 center within the geographic territory served by the 8 22 distributor any empty beverage container of the kind, size, 8 23 and brand sold by the distributor within seven days of the 8 24 previous pickup from the same dealer or redemption center. 8 25 The bill creates a Robert D. Ray beautiful land fund. The 8 26 bill sets out the amounts and purposes for which moneys in the 8 27 fund are appropriated annually. The bill provides that 8 28 $250,000 of the fund is appropriated to the state department 8 29 of transportation for purposes of the adopt-a-highway program, 8 30 and $350,000 is appropriated to the state board of regents for 8 31 the Iowa waste reduction center. The bill provides that the 8 32 remaining moneys are appropriated to the department of natural 8 33 resources to be used as follows: 8 34 1. One-third to provide financial assistance for purposes 8 35 of assisting adopt-a-place programs designed to address litter 9 1 collection and prevention. 9 2 2. One-sixth to provide grants to dealers, dealer agents, 9 3 and persons operating a redemption center for purposes of 9 4 increasing the effectiveness, efficiency, and convenience of 9 5 redemption. 9 6 3. One-sixth to provide grants for purposes of awareness, 9 7 informational, or educational programs designed to address 9 8 litter and illegal dumping issues. 9 9 4. One-sixth to provide grants for purposes of awareness, 9 10 informational, or educational programs designed to address 9 11 waste reduction, waste reuse, and recycling issues. 9 12 5. One-sixth to provide no-interest loans for purposes of 9 13 developing end uses and markets for recyclables in the state. 9 14 The bill provides that, beginning with the calendar quarter 9 15 starting on July 1, 2001, a distributor who receives a refund 9 16 value for beverage containers sold to a dealer shall segregate 9 17 the moneys received in a fund, known as a deposit transaction 9 18 fund, which shall be maintained separately from all other 9 19 accounts and revenues of the distributor. The bill provides 9 20 that moneys in the deposit transaction fund shall not be used 9 21 to pay the reimbursement amount to dealers and operators of a 9 22 redemption center. The bill provides that a deposit 9 23 transaction fund shall be maintained by a distributor on 9 24 behalf of consumers, who have purchased beverages covered by 9 25 this chapter, and on behalf of the state. The bill provides 9 26 that, at the end of each calendar quarter, any moneys in the 9 27 fund which constitute income earned on the fund may be removed 9 28 from the fund and retained by the distributor. 9 29 The bill eliminates certain exceptions to requirements 9 30 related to labeling. The bill eliminates a prohibition 9 31 against disposing of empty alcoholic liquor containers in a 9 32 sanitary landfill. 9 33 The bill provides that a beverage container sold or offered 9 34 for sale in this state shall have a minimum postconsumer 9 35 recycled content of 25 percent by weight. 10 1 The bill provides that every distributor shall report to 10 2 the department by the third day of the month following the 10 3 completion of the calendar quarter, concerning transactions 10 4 affecting its deposit transaction fund in the preceding 10 5 calendar quarter, including the number of beverage containers 10 6 sold during the previous calendar quarter, the amount of 10 7 refund value paid by the distributor to a dealer or person 10 8 operating a redemption center during the previous calendar 10 9 quarter, any income earned on the account during the previous 10 10 calendar quarter, the balance of the fund at the end of the 10 11 previous calendar quarter, and any additional information 10 12 required by the department. 10 13 The bill provides that, at the end of each calendar 10 14 quarter, any balance in a distributor's deposit transaction 10 15 fund which is in excess of income earned on the fund in the 10 16 previous calendar quarter shall be deemed to be abandoned 10 17 refund value, shall be transferred to the department, and 10 18 shall be deposited by the department in the Robert D. Ray 10 19 beautiful land fund. 10 20 LSB 2399SS 79 10 21 tm/cls/14
Text: SF00328 Text: SF00330 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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