House Study Bill 86 SENATE/HOUSE FILE BY (PROPOSED DEPARTMENT OF NATURAL RESOURCES BILL) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to enforcement of prohibitions against the use of 2 heavy metals in packaging and packaging components and 3 providing a civil penalty. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1401DP 82 6 tm/sh/8 PAG LIN 1 1 Section 1. Section 455D.19, subsection 8, Code 2007, is 1 2 amended by striking the subsection and inserting in lieu 1 3 thereof the following: 1 4 8. The commission or the director may issue any order 1 5 necessary to secure compliance with or prevent a violation of 1 6 a provision of this section or a rule adopted pursuant to this 1 7 section. The attorney general shall, upon request by the 1 8 department, institute any civil or criminal legal proceeding 1 9 necessary to obtain compliance with an order of the commission 1 10 or director or to prosecute a person for a violation of a 1 11 provision of this section or a rule adopted pursuant to this 1 12 section. 1 13 Unless otherwise provided in this section, a person who 1 14 violates a provision of this section, a rule adopted pursuant 1 15 to this section, or a condition of a permit or order issued 1 16 pursuant to this section shall be subject to a civil penalty 1 17 not to exceed five thousand dollars for each day of such 1 18 violation. 1 19 EXPLANATION 1 20 This bill relates to enforcement of prohibitions against 1 21 the use of heavy metals in packaging and packaging components. 1 22 Currently, if a manufacturer or distributor does not comply 1 23 with prohibitions against the use of heavy metals in packaging 1 24 and packaging components, the manufacturer or distributor is 1 25 guilty of a simple misdemeanor. 1 26 The bill provides that the environmental protection 1 27 commission or the director of the department of natural 1 28 resources may issue any order necessary to secure compliance 1 29 with or prevent a violation of the prohibitions against the 1 30 use of heavy metals in packaging and packaging components. 1 31 The bill provides that the attorney general shall, upon 1 32 request by the department, institute any civil or criminal 1 33 legal proceeding necessary to obtain compliance with an order 1 34 of the commission or director or to prosecute a person for a 1 35 violation of the prohibitions. 2 1 The bill provides that a person who violates a prohibition 2 2 against the use of heavy metals in packaging and packaging 2 3 components shall be subject to a civil penalty not to exceed 2 4 $5,000 for each day of such violation. 2 5 LSB 1401DP 82 2 6 tm:rj/sh/8