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