Senate
File
2378
H-8359
Amend
Senate
File
2378,
as
amended,
passed,
and
reprinted
by
1
the
Senate,
as
follows:
2
1.
By
striking
everything
after
the
enacting
clause
and
3
inserting:
4
<
Section
1.
Section
455C.1,
subsections
1
and
6,
Code
2022,
5
are
amended
to
read
as
follows:
6
1.
“Beverage”
means
wine
as
defined
in
section
123.3,
7
subsection
54
,
alcoholic
liquor
as
defined
in
section
123.3,
8
subsection
5
,
beer
as
defined
in
section
123.3,
subsection
9
7
,
high
alcoholic
content
beer
as
defined
in
section
123.3,
10
subsection
22,
canned
cocktail
as
defined
in
section
123.3,
11
subsection
11,
mineral
water,
soda
water
,
and
similar
12
carbonated
soft
drinks
in
liquid
form
and
intended
for
human
13
consumption.
14
6.
“Dealer
agent”
means
a
person
who
solicits
or
picks
up
15
empty
beverage
containers
from
a
dealer
for
the
purpose
of
16
returning
the
empty
beverage
containers
to
a
distributor
or
17
manufacturer.
18
Sec.
2.
Section
455C.1,
Code
2022,
is
amended
by
adding
the
19
following
new
subsections:
20
NEW
SUBSECTION
.
11A.
“Mobile
redemption
system”
means
a
21
redemption
center
location
at
which
a
consumer
may
return
empty
22
beverage
containers
on
which
a
refund
value
has
been
paid
that
23
uses
innovative
technology
to
process
empty
beverage
containers
24
and
return
the
amount
of
the
refund
value
to
consumers.
25
NEW
SUBSECTION
.
12A.
“Participating
dealer”
means
a
dealer
26
who
accepts
the
return
of
empty
beverage
containers
from
a
27
consumer.
28
Sec.
3.
Section
455C.2,
Code
2022,
is
amended
to
read
as
29
follows:
30
455C.2
Refund
values.
31
1.
A
refund
value
of
not
less
than
five
cents
shall
be
paid
32
by
the
consumer
on
each
beverage
container
sold
in
this
state
33
by
a
dealer
for
consumption
off
the
premises.
Upon
return
of
34
the
empty
beverage
container
upon
which
a
refund
value
has
35
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#1.
been
paid
to
the
a
participating
dealer
or
person
operating
1
a
redemption
center
and
acceptance
of
the
empty
beverage
2
container
by
the
participating
dealer
or
person
operating
a
3
redemption
center,
the
participating
dealer
or
person
operating
4
a
redemption
center
shall
return
the
amount
of
the
refund
value
5
to
the
consumer
within
a
reasonable
time
not
to
exceed
ten
6
days
.
7
2.
a.
In
addition
to
the
refund
value
provided
in
8
subsection
1
of
this
section
,
a
dealer,
or
person
operating
a
9
redemption
center
who
redeems
empty
beverage
containers
or
a
10
dealer
agent
shall
be
reimbursed
by
the
distributor
required
11
to
accept
the
empty
beverage
containers
under
section
455C.3
12
shall
provide
reimbursement
in
an
amount
which
that
is
one
13
cent
per
container
for
containers
accepted
from
a
dealer
agent
14
and
three
cents
per
container
for
containers
accepted
from
a
15
participating
dealer
or
redemption
center
.
A
dealer,
dealer
16
agent,
or
person
operating
a
redemption
center
may
compact
17
empty
metal
beverage
containers
with
the
approval
of
the
18
distributor
required
to
accept
the
containers.
19
b.
A
distributor
who
pays
a
handling
fee
for
beverage
20
containers
that
used
to
contain
beer,
including
high-alcoholic
21
content
beer,
may
claim
a
refund
of
the
barrel
tax
established
22
in
section
123.136
paid
by
the
distributor
in
the
amount
of
one
23
cent
for
each
such
beverage
container
accepted.
The
department
24
of
revenue
shall
prescribe
forms
for
a
distributor
to
use
to
25
claim
a
refund
under
this
paragraph.
26
Sec.
4.
Section
455C.3,
subsections
1,
2,
and
4,
Code
2022,
27
are
amended
to
read
as
follows:
28
1.
A
participating
dealer
shall
not
refuse
to
accept
from
a
29
consumer
any
empty
beverage
container
of
the
kind,
size
,
and
30
brand
sold
by
the
participating
dealer,
or
refuse
to
pay
to
the
31
consumer
the
refund
value
of
a
beverage
container
as
provided
32
under
section
455C.2
.
33
2.
A
distributor
shall
accept
and
pick
up
from
a
34
participating
dealer
served
by
the
distributor
or
a
redemption
35
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center
for
a
dealer
served
by
the
distributor
at
least
weekly,
1
or
when
the
distributor
delivers
the
beverage
product
if
2
deliveries
are
less
frequent
than
weekly,
any
empty
beverage
3
container
of
the
kind,
size
,
and
brand
sold
by
the
distributor,
4
and
shall
pay
to
the
participating
dealer
or
person
operating
5
a
redemption
center
the
refund
value
of
a
beverage
container
6
and
the
reimbursement
as
provided
under
section
455C.2
within
7
one
week
following
pickup
of
the
containers
or
when
the
8
participating
dealer
or
redemption
center
normally
pays
the
9
distributor
for
the
deposit
on
beverage
products
purchased
from
10
the
distributor
if
less
frequent
than
weekly.
A
distributor
11
or
employee
or
agent
of
a
distributor
is
not
in
violation
12
of
this
subsection
if
a
redemption
center
is
closed
when
the
13
distributor
attempts
to
make
a
regular
delivery
or
a
regular
14
pickup
of
empty
beverage
containers.
This
subsection
does
15
not
apply
to
a
distributor
selling
alcoholic
liquor
to
the
16
alcoholic
beverages
division
of
the
department
of
commerce.
17
4.
A
distributor
shall
accept
from
a
dealer
agent
any
18
empty
beverage
container
of
the
kind,
size,
and
brand
sold
by
19
the
distributor
and
which
that
was
picked
up
by
the
dealer
20
agent
from
a
dealer
within
the
geographic
territory
served
21
by
the
distributor
and
the
distributor
shall
pay
the
dealer
22
agent
the
refund
value
of
the
empty
beverage
container
and
the
23
reimbursement
as
provided
in
section
455C.2
.
24
Sec.
5.
Section
455C.4,
Code
2022,
is
amended
to
read
as
25
follows:
26
455C.4
Refusal
to
accept
containers.
27
1.
Except
as
provided
in
section
455C.5,
subsection
3
,
a
28
dealer,
a
person
operating
a
redemption
center,
a
distributor
,
29
or
a
manufacturer
may
refuse
to
accept
any
empty
beverage
30
container
which
that
does
not
have
stated
on
it
a
refund
value
31
as
provided
under
section
455C.2
.
32
2.
a.
A
dealer
may
refuse
to
accept
and
to
pay
the
33
refund
value
of
any
empty
beverage
container
if
the
place
of
34
business
of
the
dealer
and
the
kind
and
brand
of
empty
beverage
35
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containers
are
included
in
an
order
of
the
department
approving
1
a
redemption
center
under
section
455C.6
any
of
the
following
2
apply:
3
(1)
The
dealer
holds
a
food
establishment
license
under
4
chapter
137F
to
prepare
or
serve
food,
has
a
certified
food
5
protection
manager
as
required
by
the
2017
United
States
food
6
and
drug
administration
food
code
and
supplement,
and
sells
7
time/temperature
control
for
safety
food
as
defined
in
section
8
137F.2.
9
(2)
The
dealer
has
entered
an
agreement
with
an
approved
10
redemption
center
for
the
operation
of
a
mobile
redemption
11
system
and
all
of
the
following
apply:
12
(a)
The
dealer
provides
adequate
space,
utilities,
and
13
internet
connection
to
operate
the
mobile
redemption
system.
14
(b)
The
agreement
does
not
require
additional
payment
to
the
15
dealer
or
the
mobile
redemption
system.
16
(3)
The
dealer’s
place
of
business
is
in
a
county
with
a
17
population
of
more
than
thirty
thousand
and
within
ten
miles
18
of
an
approved
redemption
center
or
if
the
dealer’s
place
of
19
business
is
in
a
county
with
a
population
of
thirty
thousand
20
or
fewer
and
within
fifteen
miles
of
an
approved
redemption
21
center.
22
b.
A
dealer
who
refuses
to
accept
and
to
pay
the
refund
23
value
on
any
empty
beverage
container
pursuant
to
this
24
subsection
shall
conspicuously
display
on
the
front
door
of
25
the
dealer’s
place
of
business
a
notice
that
the
dealer
does
26
not
accept
empty
beverage
containers.
The
notice
shall
also
27
provide
the
location
of
the
nearest
approved
redemption
center
28
to
the
dealer’s
place
of
business.
After
the
department
has
29
made
available
an
electronic
method
for
locating
approved
30
redemption
centers
pursuant
to
paragraph
“c”
,
a
dealer
may
31
direct
consumers
to
such
electronic
method
instead
of
providing
32
the
location
of
the
nearest
approved
redemption
center
on
the
33
notice.
34
c.
The
department
shall
make
available
to
the
public
an
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electronic
method
of
locating
approved
redemption
centers.
1
d.
A
dealer
who
provides
space
for
a
mobile
redemption
2
system
pursuant
to
paragraph
“a”
,
subparagraph
(2),
shall
not
be
3
considered
to
be
in
violation
of
any
county
or
city
ordinance
4
that
would
otherwise
limit
the
ability
of
the
dealer
to
provide
5
such
space
as
long
as
the
mobile
redemption
system
operates
6
in
a
location
that
is
not
zoned
primarily
for
residential
7
purposes.
8
3.
A
dealer
or
a
distributor
may
refuse
to
accept
and
to
pay
9
the
refund
value
of
an
empty
wine
or
alcoholic
liquor
container
10
which
is
marked
to
indicate
that
it
was
sold
by
a
state
liquor
11
store.
The
alcoholic
beverages
division
shall
not
reimburse
12
a
dealer
or
a
distributor
the
refund
value
on
an
empty
wine
or
13
alcoholic
liquor
container
which
is
marked
to
indicate
that
the
14
container
was
sold
by
a
state
liquor
store.
15
4.
3.
A
class
“E”
liquor
control
licensee
may
refuse
to
16
accept
and
to
pay
the
refund
value
on
an
empty
alcoholic
liquor
17
container
from
a
participating
dealer
or
a
redemption
center
18
or
from
a
person
acting
on
behalf
of
or
who
has
received
empty
19
alcoholic
liquor
containers
from
a
participating
dealer
or
a
20
redemption
center.
21
5.
4.
A
manufacturer
or
distributor
may
refuse
to
accept
22
and
to
pay
the
refund
value
and
reimbursement
as
provided
in
23
section
455C.2
on
any
empty
beverage
container
that
was
picked
24
up
by
a
dealer
agent
from
a
dealer
outside
the
geographic
25
territory
served
by
the
manufacturer
or
distributor.
26
Sec.
6.
Section
455C.5,
subsection
1,
Code
2022,
is
amended
27
to
read
as
follows:
28
1.
a.
Each
beverage
container
sold
or
offered
for
sale
in
29
this
state
by
a
dealer
shall
clearly
indicate
the
refund
value
30
of
the
container
by
embossing
or
by
a
stamp,
label
,
or
other
31
method
securely
affixed
to
the
container
,
the
refund
value
of
32
the
container
.
The
department
shall
specify,
by
rule,
the
33
minimum
size
of
the
refund
value
indication
on
the
beverage
34
containers.
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b.
The
department
of
revenue
shall
require
the
registration
1
of
the
universal
product
code
for
each
beverage
container
2
using
a
method
of
registration
determined
by
the
department
of
3
revenue.
4
Sec.
7.
Section
455C.6,
subsection
1,
Code
2022,
is
amended
5
to
read
as
follows:
6
1.
To
facilitate
the
return
of
empty
beverage
containers
7
and
to
serve
dealers
of
beverages,
any
person
may
establish
a
8
redemption
center,
subject
to
the
approval
of
the
department,
9
at
which
consumers
may
return
empty
beverage
containers
10
and
receive
payment
of
the
refund
value
of
such
beverage
11
containers.
A
participating
dealer
may
act
as
a
redemption
12
center
for
purposes
of
this
chapter.
13
Sec.
8.
Section
455C.12,
subsections
2
and
3,
Code
2022,
are
14
amended
to
read
as
follows:
15
2.
A
distributor
who
collects
or
attempts
to
collect
16
a
refund
value
on
an
empty
beverage
container
when
the
17
distributor
has
paid
the
refund
value
on
the
container
to
a
18
participating
dealer,
redemption
center,
or
consumer
is
guilty
19
of
a
fraudulent
practice.
20
3.
Any
person
who
does
any
of
the
following
acts
is
guilty
21
of
a
fraudulent
practice:
22
a.
Collects
or
attempts
to
collect
the
refund
value
on
the
23
container
a
second
time,
with
the
knowledge
that
the
refund
24
value
has
once
been
paid
by
the
distributor
to
a
participating
25
dealer,
redemption
center
,
or
consumer.
26
b.
Manufactures,
sells,
possesses
,
or
applies
a
false
or
27
counterfeit
label
or
indication
which
that
shows
or
purports
to
28
show
a
refund
value
for
a
beverage
container,
with
intent
to
29
use
the
false
or
counterfeit
label
or
indication.
30
c.
Collects
or
attempts
to
collect
a
refund
value
on
31
a
container
with
the
use
of
a
false
or
counterfeit
label
32
or
indication
showing
a
refund
value,
knowing
the
label
or
33
indication
to
be
false
or
counterfeit.
34
Sec.
9.
Section
455C.12,
Code
2022,
is
amended
by
adding
the
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following
new
subsections:
1
NEW
SUBSECTION
.
6.
A
person
who
knowingly
attempts
to
2
redeem
a
beverage
container
that
is
not
properly
marked
as
3
required
by
section
455C.5,
subsection
1,
shall
be
subject
to
a
4
civil
penalty
not
to
exceed
ten
dollars
per
improperly
marked
5
beverage
container,
but
not
to
exceed
five
thousand
dollars
6
total
per
attempted
transaction.
7
NEW
SUBSECTION
.
7.
Except
as
provided
in
subsection
6,
8
a
person
who
violates
any
provision
of
this
chapter
shall
9
be
subject
to
a
civil
penalty
of
two
thousand
dollars
per
10
violation,
which
shall
be
assessed
and
collected
in
the
same
11
manner
as
provided
in
section
455B.109.
Any
civil
penalty
12
collected
under
this
chapter
shall
be
deposited
in
the
bottle
13
bill
fund
established
in
section
455C.12D.
14
Sec.
10.
NEW
SECTION
.
455C.12A
Administrative
enforcement
15
——
compliance
orders.
16
The
director
may
issue
any
order
necessary
to
secure
17
compliance
with
or
prevent
a
violation
of
the
provisions
of
18
this
chapter
or
any
rule
adopted
or
permit
or
order
issued
19
pursuant
to
this
chapter.
The
person
to
whom
such
compliance
20
order
is
issued
may
cause
to
be
commenced
a
contested
case
21
within
the
meaning
of
chapter
17A
by
filing
within
thirty
22
days
a
notice
of
appeal
to
the
commission.
On
appeal,
the
23
commission
may
affirm,
modify,
or
vacate
the
order
of
the
24
director.
25
Sec.
11.
NEW
SECTION
.
455C.12B
Judicial
review.
26
Judicial
review
of
any
order
or
other
action
of
the
27
commission
or
director
may
be
sought
in
accordance
with
the
28
terms
of
chapter
17A.
Notwithstanding
the
terms
of
chapter
29
17A,
petitions
for
judicial
review
may
be
filed
in
the
district
30
court
of
the
county
in
which
the
alleged
offense
was
committed.
31
Sec.
12.
NEW
SECTION
.
455C.12C
Civil
actions
for
compliance
32
——
penalties.
33
1.
The
attorney
general,
on
request
of
the
department,
shall
34
institute
any
legal
proceedings
necessary
to
obtain
compliance
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with
an
order
of
the
commission
or
the
director,
including
1
proceedings
for
a
temporary
injunction,
or
prosecuting
any
2
person
for
a
violation
of
an
order
of
the
commission
or
the
3
director,
the
provisions
of
this
chapter,
or
any
rules
adopted
4
or
permit
or
order
issued
pursuant
to
this
chapter.
5
2.
Any
person
who
violates
any
order
issued
pursuant
to
6
section
455C.12A
shall
be
subject
to
a
civil
penalty
not
to
7
exceed
two
thousand
dollars
for
each
day
of
such
violation.
8
Sec.
13.
NEW
SECTION
.
455C.12D
Bottle
bill
fund.
9
A
bottle
bill
fund
is
established
in
the
state
treasury
10
under
the
control
of
the
department.
The
fund
shall
consist
11
of
moneys
deposited
in
the
fund
pursuant
to
section
455C.12,
12
subsection
7,
and
any
other
moneys
appropriated
to
or
deposited
13
in
the
fund.
Moneys
in
the
fund
are
appropriated
to
the
14
department
for
purposes
of
administering
and
enforcing
this
15
chapter,
including
reimbursing
the
attorney
general
for
costs
16
incurred
by
the
attorney
general
in
enforcing
this
chapter.
17
Notwithstanding
section
8.33,
moneys
in
the
fund
that
remain
18
unencumbered
or
unobligated
at
the
close
of
a
fiscal
year
shall
19
not
revert
but
shall
remain
available
for
expenditure
for
the
20
purposes
designated.
Notwithstanding
section
12C.7,
subsection
21
2,
interest
or
earnings
on
moneys
in
the
fund
shall
be
credited
22
to
the
fund.
23
Sec.
14.
Section
455C.13,
Code
2022,
is
amended
to
read
as
24
follows:
25
455C.13
Distributors’
Collection
and
disposal
agreements
26
authorized.
27
1.
A
distributor
,
dealer,
or
redemption
center
may
enter
28
into
a
contract
or
agreement
with
any
other
distributor,
29
manufacturer
,
or
person
for
the
purpose
of
collecting
or
paying
30
the
refund
value
on,
or
disposing
of
,
beverage
containers
as
31
provided
in
this
chapter
.
32
2.
For
purposes
of
this
chapter,
any
contracts
entered
into
33
pursuant
to
this
section
for
the
collection
or
disposal
of
34
empty
beverage
containers
shall
not
be
deemed
to
interfere
with
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the
refund
value
pursuant
to
section
455C.2.
1
Sec.
15.
Section
455C.16,
Code
2022,
is
amended
to
read
as
2
follows:
3
455C.16
Beverage
containers
——
disposal
at
sanitary
landfill
4
prohibited.
5
Beginning
July
1,
1990,
the
The
final
disposal
of
beverage
6
containers
by
a
dealer,
distributor,
or
manufacturer,
or
7
person
operating
a
redemption
center,
in
a
sanitary
landfill,
8
is
prohibited.
Beginning
September
1,
1992
,
including
the
9
final
disposal
of
beverage
containers
that
used
to
contain
10
alcoholic
liquor
as
defined
in
section
123.3,
subsection
5
,
11
by
a
participating
dealer,
distributor,
or
manufacturer,
or
12
person
operating
a
redemption
center
in
a
sanitary
landfill
,
13
is
prohibited.
14
Sec.
16.
NEW
SECTION
.
455C.18
Unclaimed
refund
value
and
15
handling
fees.
16
Any
amount
of
refund
value
or
handling
fees
possessed
by
a
17
distributor
after
the
distributor
has
made
payments
required
18
pursuant
to
this
chapter
shall
be
considered
the
property
of
19
the
distributor.
20
Sec.
17.
LEGISLATIVE
FISCAL
COMMITTEE
REVIEW.
21
1.
The
legislative
fiscal
committee
established
in
section
22
2.45
shall
hold
a
meeting
during
the
legislative
interim
23
immediately
preceding
the
2026
regular
legislative
session.
24
During
the
meeting,
the
committee
shall
review
the
enforcement
25
of
chapter
455C
by
the
department
of
natural
resources,
26
including
the
collection
of
civil
penalties,
the
report
27
submitted
by
the
attorney
general
pursuant
to
subsection
2,
28
whether
and
how
many
redemption
centers
have
been
approved
29
by
the
department,
the
adequacy
of
the
reimbursement
amount
30
under
section
455C.2,
and
any
other
information
the
committee
31
deems
important.
The
committee
shall
submit
a
report
of
its
32
findings
and
recommendations
to
the
general
assembly
no
later
33
than
January
31,
2026.
34
2.
The
attorney
general
shall
submit
a
report
to
the
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general
assembly
prior
to
the
legislative
fiscal
committee’s
1
meeting
under
subsection
1.
The
report
shall
detail
any
legal
2
proceedings
arising
under
chapter
455C
since
January
1,
2023.
3
Sec.
18.
REFUSAL
TO
ACCEPT
BEVERAGE
CONTAINERS.
4
1.
A
dealer
may
refuse
to
accept
beverage
containers
before
5
January
1,
2023,
if
any
of
the
following
apply:
6
a.
The
dealer
has
entered
an
agreement
with
an
approved
7
redemption
center
for
the
operation
of
a
mobile
redemption
8
system
and
all
of
the
following
apply:
9
(1)
The
dealer
provides
adequate
space,
utilities,
and
10
internet
connection
to
operate
the
mobile
redemption
system.
11
(2)
The
agreement
does
not
require
additional
payment
to
the
12
dealer
or
the
mobile
redemption
system.
13
b.
The
dealer’s
place
of
business
is
in
a
county
with
a
14
population
of
more
than
thirty
thousand
and
within
ten
miles
15
of
an
approved
redemption
center
or
if
the
dealer’s
place
of
16
business
is
in
a
county
with
a
population
of
thirty
thousand
17
or
fewer
and
within
fifteen
miles
of
an
approved
redemption
18
center.
19
2.
A
dealer
who
refuses
to
accept
beverage
containers
20
pursuant
to
this
section
shall
conspicuously
display
on
the
21
front
door
of
the
dealer’s
place
of
business
a
notice
that
the
22
dealer
does
not
accept
empty
beverage
containers.
The
notice
23
shall
also
provide
the
location
of
the
nearest
redemption
24
center
to
the
dealer’s
place
of
business.
25
Sec.
19.
EFFECTIVE
DATE.
26
1.
Except
as
provided
in
subsections
2
or
3,
this
Act
takes
27
effect
January
1,
2023.
28
2.
The
section
of
this
Act
amending
section
455C.5,
29
subsection
1,
takes
effect
November
15,
2023.
30
3.
The
section
of
this
Act
allowing
a
dealer
to
refuse
to
31
accept
beverage
containers
before
January
1,
2023,
being
deemed
32
of
immediate
importance,
takes
effect
upon
enactment.
>
33
2.
Title
page,
by
striking
lines
1
through
4
and
inserting
34
<
An
Act
relating
to
beverage
containers
control
provisions,
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including
handling
fees,
refund
value,
applicability
to
certain
1
beverages,
and
acceptance
of
beverage
containers,
providing
2
penalties,
and
including
effective
date
provisions.
>
3
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