House
File
2155
-
Introduced
HOUSE
FILE
2155
BY
McKEAN
,
ISENHART
,
BAUDLER
,
MAXWELL
,
SHEETS
,
HAGER
,
BERGAN
,
LUNDGREN
,
MOHR
,
SALMON
,
BACON
,
McCONKEY
,
FISHER
,
LENSING
,
WINCKLER
,
HOLZ
,
BAXTER
,
WOLFE
,
GUSTAFSON
,
GASKILL
,
KRESSIG
,
RUNNING-MARQUARDT
,
HUNTER
,
STECKMAN
,
STAED
,
MASCHER
,
BENNETT
,
BRECKENRIDGE
,
KAUFMANN
,
BROWN-POWERS
,
R.
SMITH
,
NIELSEN
,
ANDERSON
,
OLDSON
,
KURTH
,
ABDUL-SAMAD
,
ZUMBACH
,
JACOBY
,
COHOON
,
HEATON
,
and
WESSEL-KROESCHELL
A
BILL
FOR
An
Act
relating
to
the
applicability
of
beverage
containers
1
control
provisions
and
the
handling
fees
pursuant
to
those
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
455C.1,
subsections
1
and
2,
Code
2018,
1
are
amended
to
read
as
follows:
2
1.
a.
“Beverage”
means
:
3
(1)
wine
Wine
as
defined
in
section
123.3,
subsection
47
,
.
4
(2)
alcoholic
Alcoholic
liquor
or
intoxicating
liquor
as
5
defined
in
section
123.3,
subsection
5
,
.
6
(3)
beer
Beer
as
defined
in
section
123.3,
subsection
7
,
.
7
(4)
mineral
Mineral
water,
soda
water
,
and
similar
8
carbonated
soft
drinks
in
liquid
form
and
intended
for
human
9
consumption
.
10
(5)
Any
liquid
identified
through
the
use
of
letters,
11
words,
or
symbols
on
its
product
label
as
a
type
of
water,
12
including
any
flavored
water
or
nutritionally
enhanced
water,
13
in
a
container
more
than
or
equal
to
four
fluid
ounces
and
less
14
than
three
liters.
15
(6)
Tea
and
coffee
drinks,
regardless
of
dairy-derived
16
content,
in
a
container
more
than
or
equal
to
four
fluid
ounces
17
and
less
than
three
liters.
18
(7)
Any
other
liquid
that
is
intended
for
human
consumption
19
and
is
in
a
container
more
than
or
equal
to
four
fluid
ounces
20
and
less
than
three
liters.
21
b.
For
the
purpose
of
this
chapter,
the
term
“beverage”
22
excludes
the
following:
23
(1)
A
liquid
that
is
a
syrup,
in
a
concentrated
form,
or
24
typically
added
as
a
minor
flavoring
ingredient
in
food
or
25
drink,
such
as
but
not
limited
to
extracts,
cooking
additives,
26
sauces,
or
condiments,
and
has
more
than
twenty
percent
juice
27
content.
28
(2)
A
liquid
that
is
a
drug,
medical
food,
or
infant
29
formula
as
defined
by
the
federal
Food,
Drug,
and
Cosmetic
Act,
30
codified
in
21
U.S.C.
§301
et
seq.
31
(3)
A
liquid
that
is
designed
and
consumed
only
as
a
dietary
32
supplement
and
not
as
a
beverage
as
defined
in
the
Dietary
33
Supplement
Health
and
Education
Act
of
1994,
Pub.
L.
No.
34
103-417.
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(4)
Instant
drink
powders.
1
(5)
Milk,
or
any
product
marketed
as
a
plant-based
milk,
2
and
all
other
dairy-derived
products,
except
tea
and
coffee
3
drinks
included
in
paragraph
“a”
,
subparagraph
(6),
of
this
4
subsection.
5
2.
“Beverage
container”
means
any
sealed
glass,
plastic,
6
or
metal
bottle
,
or
can
,
jar
or
carton
containing
a
beverage.
7
“Beverage
container”
does
not
include
jars,
cartons,
foil
8
pouches,
and
drink
boxes.
9
Sec.
2.
Section
455C.2,
subsection
2,
Code
2018,
is
amended
10
to
read
as
follows:
11
2.
In
addition
to
the
refund
value
provided
in
subsection
12
1
of
this
section
,
a
dealer,
or
person
operating
a
redemption
13
center
who
redeems
empty
beverage
containers
or
a
dealer
agent
14
shall
be
reimbursed
by
the
distributor
required
to
accept
the
15
empty
beverage
containers
an
amount
which
is
one
cent
two
cents
16
per
container.
A
dealer,
dealer
agent,
or
person
operating
a
17
redemption
center
may
compact
empty
metal
beverage
containers
18
with
the
approval
of
the
distributor
required
to
accept
the
19
containers.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
Current
law
limits
beverage
containers
subject
to
beverage
24
containers
control
deposit
and
refund
provisions
to
any
sealed
25
glass,
plastic,
or
metal
bottle,
can,
jar,
or
carton
holding
26
wine,
alcoholic
liquor,
beer,
mineral
water,
soda
water,
and
27
carbonated
soft
drinks.
When
a
distributor
sells
beverages
in
28
eligible
containers
to
a
dealer,
the
distributor
attaches
an
29
extra
5
cents
per
eligible
container
to
the
sale
price.
When
a
30
dealer
sells
beverages
in
eligible
containers
to
a
consumer,
31
the
dealer
passes
on
the
5-cent
deposit
to
the
sale
price.
A
32
consumer
can
take
eligible
beverage
containers
to
a
dealer,
33
dealer
agent,
or
a
redemption
center
and
receive
a
5-cent
34
refund
for
every
eligible
beverage
container
that
the
consumer
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returns.
A
distributor
collects
eligible
containers
from
a
1
dealer,
dealer
agent,
or
redemption
center,
at
which
time
2
the
distributor
pays
the
dealer,
dealer
agent,
or
redemption
3
center
5
cents
per
eligible
container
plus
a
handling
fee
of
an
4
additional
1
cent
per
empty
container.
5
This
bill
expands
the
definition
of
“beverage”
and
excludes
6
certain
substances
from
that
definition.
The
bill
removes
jars
7
and
cartons
from
the
definition
of
“beverage
container”
and
8
instead
excludes
jars,
cartons,
foil
pouches,
and
drink
boxes.
9
The
bill
also
increases
the
handling
fee
that
a
dealer,
dealer
10
agent,
or
redemption
center
will
charge
a
distributor
from
1
11
cent
to
2
cents.
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