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 shallreturn the amount of thepay 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