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:
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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
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