Senate File 261 - Introduced



                                       SENATE FILE       
                                       BY  ZIEMAN


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to refund values for empty beverage containers.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 2667XS 81
  4 tm/sh/8

PAG LIN



  1  1    Section 1.  Section 455C.2, subsection 1, Code 2005, is
  1  2 amended to read as follows:
  1  3    1.  A refund value of not less than five cents shall be
  1  4 paid by the consumer on each beverage container sold in this
  1  5 state by a dealer for consumption off the premises.  Upon
  1  6 return of the empty beverage container upon which a refund
  1  7 value has been paid to the dealer or person operating a
  1  8 redemption center and acceptance of the empty beverage
  1  9 container by the dealer or person operating a redemption
  1 10 center, the dealer or person operating a redemption center
  1 11 shall return the amount of the pay a refund value to the
  1 12 consumer in an amount determined by the dealer or person
  1 13 operating a redemption center.
  1 14    Sec. 2.  Section 455C.3, subsections 2 and 4, Code 2005,
  1 15 are amended to read as follows:
  1 16    2.  A distributor shall accept and pick up from a dealer
  1 17 served by the distributor or a redemption center for a dealer
  1 18 served by the distributor at least weekly, or when the
  1 19 distributor delivers the beverage product if deliveries are
  1 20 less frequent than weekly, any empty beverage container of the
  1 21 kind, size and brand sold by the distributor, and shall pay to
  1 22 the dealer or person operating a redemption center the refund
  1 23 value of a beverage container in an amount agreed upon by the
  1 24 distributor and the dealer or redemption center and the
  1 25 reimbursement as provided under section 455C.2 within one week
  1 26 following pickup of the containers or when the dealer or
  1 27 redemption center normally pays the distributor for the
  1 28 deposit on beverage products purchased from the distributor if
  1 29 less frequent than weekly.  A distributor or employee or agent
  1 30 of a distributor is not in violation of this subsection if a
  1 31 redemption center is closed when the distributor attempts to
  1 32 make a regular delivery or a regular pickup of empty beverage
  1 33 containers.  This subsection does not apply to a distributor
  1 34 selling alcoholic liquor to the alcoholic beverages division
  1 35 of the department of commerce.
  2  1    4.  A distributor shall accept from a dealer agent any
  2  2 empty beverage container of the kind, size, and brand sold by
  2  3 the distributor and which was picked up by the dealer agent
  2  4 from a dealer within the geographic territory served by the
  2  5 distributor and the distributor shall pay the dealer agent the
  2  6 refund value of the empty beverage container in an amount
  2  7 agreed upon by the distributor and the dealer agent and the
  2  8 reimbursement as provided in section 455C.2.
  2  9    Sec. 3.  Section 455C.5, subsection 1, Code 2005, is
  2 10 amended to read as follows:
  2 11    1.  Each beverage container sold or offered for sale in
  2 12 this state by a dealer shall clearly indicate by embossing or
  2 13 by a stamp, label or other method securely affixed to the
  2 14 container, the refund value of the container that must be paid
  2 15 by the consumer.  The department shall specify, by rule, the
  2 16 minimum size of the refund value indication on the beverage
  2 17 containers.
  2 18    Sec. 4.  Section 455C.6, subsection 1, Code 2005, is
  2 19 amended to read as follows:
  2 20    1.  To facilitate the return of empty beverage containers
  2 21 and to serve dealers of beverages, any person may establish a
  2 22 redemption center, subject to the approval of the department,
  2 23 at which consumers may return empty beverage containers and
  2 24 receive payment of the refund value of such beverage
  2 25 containers in an amount determined by the person operating the
  2 26 redemption center.
  2 27    Sec. 5.  Section 455C.7, Code 2005, is amended to read as
  2 28 follows:
  2 29    455C.7  UNAPPROVED REDEMPTION CENTERS.
  2 30    Any person may establish a redemption center which has not
  2 31 been approved by the department, at which a consumer may
  2 32 return empty beverage containers and receive payment of the
  2 33 refund value of the beverage containers in an amount
  2 34 determined by the person operating the redemption center.  The
  2 35 establishment of an unapproved redemption center shall not
  3  1 relieve any dealer from the responsibility of redeeming any
  3  2 empty beverage containers of the kind and brand sold by the
  3  3 dealer.
  3  4                           EXPLANATION
  3  5    This bill relates to refund values for empty beverage
  3  6 containers.
  3  7    The bill allows a dealer or person operating a redemption
  3  8 center to determine the amount of refund value that may be
  3  9 paid to a consumer upon the return of an empty beverage
  3 10 container.  The bill allows a distributor and a dealer or
  3 11 person operating a redemption center to negotiate the amount
  3 12 of refund value that the distributor must pay to the dealer or
  3 13 redemption center upon the distributor's acceptance and pickup
  3 14 of empty beverage containers from dealers or redemption
  3 15 centers.  The bill provides that beverage containers sold or
  3 16 offered for sale in this state must clearly indicate the
  3 17 refund value of the container that must be paid by the
  3 18 consumer.
  3 19 LSB 2667XS 81
  3 20 tm:nh/sh/8