Senate
File
494
-
Introduced
SENATE
FILE
494
BY
CELSI
A
BILL
FOR
An
Act
relating
to
the
applicability
of
beverage
containers
1
control
provisions,
refund
value
for
beverage
containers,
2
and
handling
fees.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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494
Section
1.
Section
455C.1,
subsections
1
and
2,
Code
2019,
1
are
amended
to
read
as
follows:
2
1.
a.
“Beverage”
means
wine
all
of
the
following:
3
(1)
Wine
as
defined
in
section
123.3,
subsection
48
,
4
alcoholic
.
5
(2)
Alcoholic
liquor
or
intoxicating
liquor
as
defined
in
6
section
123.3,
subsection
5
,
beer
.
7
(3)
Beer
as
defined
in
section
123.3,
subsection
7
,
mineral
.
8
(4)
Mineral
water,
soda
water
and
similar
carbonated
soft
9
drinks
in
liquid
form
and
intended
for
human
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
designed
and
consumed
only
as
a
dietary
29
supplement
and
not
as
a
beverage
as
defined
in
the
Dietary
30
Supplement
Health
and
Education
Act
of
1994,
Pub.
L.
No.
31
103-417.
32
(3)
Instant
drink
powders.
33
(4)
Milk,
or
any
product
marketed
as
a
plant-based
milk,
34
and
all
other
dairy-derived
products,
except
tea
and
coffee
35
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drinks
included
in
paragraph
“a”
,
subparagraph
(6),
of
this
1
subsection.
2
2.
“Beverage
container”
means
any
sealed
glass,
plastic,
3
or
metal
bottle
,
or
can
,
jar
or
carton
containing
a
beverage.
4
“Beverage
container”
does
not
include
jars,
cartons,
foil
5
pouches,
and
drink
boxes.
6
Sec.
2.
Section
455C.2,
Code
2019,
is
amended
to
read
as
7
follows:
8
455C.2
Refund
values.
9
1.
A
refund
value
of
not
less
than
five
seventeen
cents
10
shall
be
paid
by
the
consumer
on
each
beverage
container
sold
11
in
this
state
by
a
dealer
for
consumption
off
the
premises.
12
Upon
return
of
the
empty
beverage
container
upon
which
a
13
refund
value
has
been
paid
to
the
dealer
or
person
operating
14
a
redemption
center
and
acceptance
of
the
empty
beverage
15
container
by
the
dealer
or
person
operating
a
redemption
16
center,
the
dealer
or
person
operating
a
redemption
center
17
shall
return
the
amount
of
the
refund
value
to
the
consumer.
18
2.
In
addition
to
the
refund
value
provided
in
subsection
19
1
of
this
section
,
a
dealer,
or
person
operating
a
redemption
20
center
who
redeems
empty
beverage
containers
or
a
dealer
agent
21
shall
be
reimbursed
by
the
distributor
required
to
accept
22
the
empty
beverage
containers
an
amount
which
is
one
cent
23
three
cents
per
container.
A
dealer,
dealer
agent,
or
person
24
operating
a
redemption
center
may
compact
empty
metal
beverage
25
containers
with
the
approval
of
the
distributor
required
to
26
accept
the
containers.
27
Sec.
3.
Section
455C.5,
subsection
3,
Code
2019,
is
amended
28
to
read
as
follows:
29
3.
The
provisions
of
subsections
1
and
2
of
this
section
30
do
not
apply
to
a
refillable
glass
beverage
container
which
31
has
a
brand
name
permanently
marked
on
it
and
which
has
a
32
refund
value
of
not
less
than
five
seventeen
cents,
to
any
33
other
refillable
beverage
container
which
has
a
refund
value
34
of
not
less
than
five
seventeen
cents
and
which
is
exempted
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by
the
director
under
rules
adopted
by
the
commission,
or
to
1
a
beverage
container
sold
aboard
a
commercial
airliner
or
2
passenger
train
for
consumption
on
the
premises.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
Current
law
limits
beverage
containers
subject
to
beverage
7
containers
control
deposit
and
refund
provisions
to
any
sealed
8
glass,
plastic,
or
metal
bottle,
can,
jar,
or
carton
holding
9
wine,
alcoholic
liquor,
beer,
mineral
water,
soda
water,
and
10
carbonated
soft
drinks.
When
a
distributor
sells
beverages
in
11
eligible
containers
to
a
dealer,
the
distributor
attaches
an
12
extra
5
cents
per
eligible
container
to
the
sale
price.
When
a
13
dealer
sells
beverages
in
eligible
containers
to
a
consumer,
14
the
dealer
passes
on
the
5-cent
deposit
to
the
sale
price.
A
15
consumer
can
take
eligible
beverage
containers
to
a
dealer,
16
dealer
agent,
or
a
redemption
center
and
receive
a
5-cent
17
refund
for
every
eligible
beverage
container
that
the
consumer
18
returns.
A
distributor
collects
eligible
containers
from
a
19
dealer,
dealer
agent,
or
redemption
center,
at
which
time
20
the
distributor
pays
the
dealer,
dealer
agent,
or
redemption
21
center
5
cents
per
eligible
container
plus
a
handling
fee
of
an
22
additional
1
cent
per
empty
container.
23
This
bill
expands
the
definition
of
“beverage”
and
excludes
24
certain
substances
from
that
definition.
The
bill
removes
jars
25
and
cartons
from
the
definition
of
“beverage
container”
and
26
instead
excludes
jars,
cartons,
foil
pouches,
and
drink
boxes.
27
The
bill
increases
the
refund
and
deposit
amount
from
5
cents
28
to
17
cents
for
all
beverage
containers
subject
to
the
deposit
29
and
refund
provisions.
The
bill
also
increases
the
handling
30
fee
that
a
dealer,
dealer
agent,
or
redemption
center
will
31
charge
a
distributor
from
1
cent
to
3
cents.
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