Amend Senate File 2311, as passed by the Senate, as follows:
   1.  Page 1, line 9, after <industries> by inserting <, including the promotion of recycling and bottle deposit programs which protect precious agricultural resources>
   2.  Page 2, after line 27 by inserting: 

<DIVISION ___

AGRICULTURAL RESOURCES
   Sec. ___.  AGRICULTURAL RESOURCES —— PLASTIC BOTTLES CONTAINING NONCARBONATED BEVERAGES.  The general assembly finds and declares all of the following:
   1.  The consumer use of plastic bottles containing noncarbonated beverages has grown significantly since the enactment of this state’s popular and highly successful bottle deposit law, codified in chapter 455C.
   2.  The failure to include plastic bottles containing noncarbonated beverages in this state’s popular and highly successful bottle deposit law has substantially and negatively affected agriculture in this state, by increasing litter in ditches, fields, pastures, rivers, lakes, and streams.
   3.  The inclusion of plastic bottles containing noncarbonated beverages in this state’s popular and highly successful bottle deposit law would positively impact agriculture in this state and would protect precious agricultural resources.
   Sec. ___.  Section 455C.1, subsections 1 and 2, Code Supplement 2011, are amended to read as follows:
   1.  “Beverage” means
 
includes but is not limited to wine as defined in section 123.3, subsection 47, alcoholic liquor as defined in section 123.3, subsection 5,
 
and beer
 
all as defined in section 123.3, subsection 7, mineral water, soda water and similar carbonated soft drinks
 
and any nonalcoholic carbonated and noncarbonated drinks, in liquid form and intended for human consumption.

“Beverage” does not include any of the following:
   a.  Fruit and vegetable juice and drink products.
   b.  Grade ‘A’ milk and milk products as specified in the grade ‘A’ pasteurized milk ordinance, as provided in section 192.102.
   c.  A liquid that is any of the following:
   (1)  A syrup.
   (2)  In a concentrated form.
   (3)  Typically added as a minor flavoring ingredient in food or drink, such as extracts, cooking additives, sauces, or condiments.
   d.  A liquid that is ingested in very small quantities and consumed for medicinal purposes only.
   e.  A liquid that is designed and consumed only as a nutritional supplement, as defined by the department, and not as a beverage.
   f.  Products frozen at the time of sale to the consumer, or, in the case of institutional users such as hospitals and nursing homes, at the time of sale to such users.
   g.  Products designed to be consumed in a frozen state.
   h.  Instant drink powders.
   i.  Seafood, meat, or vegetable broths or soups.
   j.  Farm-produced apple cider that has not been heated, pasteurized, or otherwise processed.
   k.  Infant formula.
   2.  “Beverage container” means any sealed glass, plastic, or metal bottle, can, jar, or carton containing a beverage.

“Beverage container” does not include any of the following:
   a.  A bottle, can, jar, or carton of three liters or more in size containing a noncarbonated beverage.
   b.  A bottle, can, jar, or carton made of high-density polyethylene.
   Sec. ___.  Section 455C.2, subsection 2, Code 2011, is amended to read as follows:
   2.  In addition to the refund value provided in subsection 1 of this section, a dealer, or person operating a redemption center who redeems empty beverage containers or a dealer agent shall be reimbursed by the distributor required to accept the empty beverage containers an amount which is one cent per container.

However, the distributor shall provide an additional one cent reimbursement for each beverage container made of plastic. A dealer, dealer agent, or person operating a redemption center may compact empty metal beverage containers with the approval of the distributor required to accept the containers.>
   3.  Title page, line 9, after <measures,> by inserting <regulating beverage containers,>
   4.  By renumbering, redesignating, and correcting internal references as necessary.

______________________________
WITTNEBEN of Emmet