Senate File 2311 H-8384 Amend Senate File 2311, as passed by the Senate, as 1 follows: 2 1. Page 1, line 9, after < industries > by inserting 3 < , including the promotion of recycling and bottle 4 deposit programs which protect precious agricultural 5 resources > 6 2. Page 2, after line 27 by inserting: 7 < DIVISION ___ 8 AGRICULTURAL RESOURCES 9 Sec. ___. AGRICULTURAL RESOURCES —— PLASTIC BOTTLES 10 CONTAINING NONCARBONATED BEVERAGES. The general 11 assembly finds and declares all of the following: 12 1. The consumer use of plastic bottles containing 13 noncarbonated beverages has grown significantly since 14 the enactment of this state’s popular and highly 15 successful bottle deposit law, codified in chapter 16 455C. 17 2. The failure to include plastic bottles 18 containing noncarbonated beverages in this state’s 19 popular and highly successful bottle deposit law has 20 substantially and negatively affected agriculture in 21 this state, by increasing litter in ditches, fields, 22 pastures, rivers, lakes, and streams. 23 3. The inclusion of plastic bottles containing 24 noncarbonated beverages in this state’s popular and 25 highly successful bottle deposit law would positively 26 impact agriculture in this state and would protect 27 precious agricultural resources. 28 Sec. ___. Section 455C.1, subsections 1 and 2, Code 29 Supplement 2011, are amended to read as follows: 30 1. “Beverage” means includes but is not limited 31 to wine as defined in section 123.3, subsection 32 47 , alcoholic liquor as defined in section 123.3, 33 subsection 5 , and beer all as defined in section 123.3, 34 subsection 7 , mineral water, soda water and similar 35 carbonated soft drinks and any nonalcoholic carbonated 36 and noncarbonated drinks, in liquid form and intended 37 for human consumption. “Beverage” does not include any 38 of the following: 39 a. Fruit and vegetable juice and drink products. 40 b. Grade ‘A’ milk and milk products as specified in 41 the grade ‘A’ pasteurized milk ordinance, as provided 42 in section 192.102. 43 c. A liquid that is any of the following: 44 (1) A syrup. 45 (2) In a concentrated form. 46 (3) Typically added as a minor flavoring ingredient 47 in food or drink, such as extracts, cooking additives, 48 sauces, or condiments. 49 d. A liquid that is ingested in very small 50 -1- SF2311.5514 (3) 84 da/rj 1/ 2 #1. #2.

quantities and consumed for medicinal purposes only. 1 e. A liquid that is designed and consumed only as a 2 nutritional supplement, as defined by the department, 3 and not as a beverage. 4 f. Products frozen at the time of sale to the 5 consumer, or, in the case of institutional users such 6 as hospitals and nursing homes, at the time of sale to 7 such users. 8 g. Products designed to be consumed in a frozen 9 state. 10 h. Instant drink powders. 11 i. Seafood, meat, or vegetable broths or soups. 12 j. Farm-produced apple cider that has not been 13 heated, pasteurized, or otherwise processed. 14 k. Infant formula. 15 2. “Beverage container” means any sealed glass, 16 plastic, or metal bottle, can, jar , or carton 17 containing a beverage. “Beverage container” does not 18 include any of the following: 19 a. A bottle, can, jar, or carton of three liters or 20 more in size containing a noncarbonated beverage. 21 b. A bottle, can, jar, or carton made of 22 high-density polyethylene. 23 Sec. ___. Section 455C.2, subsection 2, Code 2011, 24 is amended to read as follows: 25 2. In addition to the refund value provided in 26 subsection 1 of this section , a dealer, or person 27 operating a redemption center who redeems empty 28 beverage containers or a dealer agent shall be 29 reimbursed by the distributor required to accept the 30 empty beverage containers an amount which is one cent 31 per container. However, the distributor shall provide 32 an additional one cent reimbursement for each beverage 33 container made of plastic. A dealer, dealer agent, or 34 person operating a redemption center may compact empty 35 metal beverage containers with the approval of the 36 distributor required to accept the containers. > 37 3. Title page, line 9, after < measures, > by 38 inserting < regulating beverage containers, > 39 4. By renumbering, redesignating, and correcting 40 internal references as necessary. 41 ______________________________ WITTNEBEN of Emmet -2- SF2311.5514 (3) 84 da/rj 2/ 2 #3. #4.