House File 2207 - Introduced HOUSE FILE 2207 BY SHIPLEY A BILL FOR An Act relating to county and city standards and requirements 1 for the sale or marketing of bags. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5310YH (2) 88 js/ns

H.F. 2207 Section 1. Section 331.301, subsection 6, paragraph 1 c, subparagraph (1), subparagraph division (b), unnumbered 2 paragraph 1, Code 2020, is amended to read as follows: 3 “Container” means a bag, cup, package, container, bottle, 4 or other packaging , other than a bag, that is all of the 5 following: 6 Sec. 2. Section 331.301, subsection 6, paragraph c, Code 7 2020, is amended by adding the following new subparagraph: 8 NEW SUBPARAGRAPH . (4) This paragraph “c” does not prohibit 9 a county from adopting or enforcing an ordinance, motion, 10 resolution, or amendment that sets standards or requirements 11 regarding the sale or marketing of bags of any kind offered for 12 sale or lease, or provided with a sale or lease of consumer 13 merchandise. 14 Sec. 3. Section 364.3, subsection 3, paragraph c, 15 subparagraph (1), subparagraph division (b), unnumbered 16 paragraph 1, Code 2020, is amended to read as follows: 17 “Container” means a bag, cup, package, container, bottle, 18 or other packaging , other than a bag, that is all of the 19 following: 20 Sec. 4. Section 364.3, subsection 3, paragraph c, Code 2020, 21 is amended by adding the following new subparagraph: 22 NEW SUBPARAGRAPH . (4) This paragraph “c” does not prohibit 23 a city from adopting or enforcing an ordinance, motion, 24 resolution, or amendment that sets standards or requirements 25 regarding the sale or marketing of bags of any kind offered for 26 sale or lease, or provided with a sale or lease of consumer 27 merchandise. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill relates to the regulation of bags by counties and 32 cities. 33 Current law prohibits a county or city from adopting or 34 enforcing an ordinance, motion, resolution, or amendment that 35 -1- LSB 5310YH (2) 88 js/ns 1/ 2

H.F. 2207 sets standards or requirements regarding the sale or marketing 1 of consumer merchandise that are different from, or in addition 2 to, any state law. The definition of “consumer merchandise” 3 includes any container used for consuming, carrying, or 4 transporting such merchandise. The definition of “container” 5 includes a bag, cup, package, container, bottle, or other 6 package, all of which are subject to specified conditions. 7 The bill excludes the word “bag” from the definition of 8 “container”, and therefore bags are not considered consumer 9 merchandise. The bill provides that the prohibition preventing 10 counties and cities from adopting or enforcing an ordinance, 11 motion, resolution, or amendment that sets standards or 12 requirements regarding the sale or marketing of consumer 13 merchandise that are different from, or in addition to, any 14 state law does not prevent a county or city from adopting or 15 enforcing an ordinance, motion, resolution, or amendment that 16 sets standards or requirements regarding the sale or marketing 17 of bags of any kind offered for sale or lease, or provided with 18 a sale or lease of consumer merchandise. 19 -2- LSB 5310YH (2) 88 js/ns 2/ 2