House File 679 - Introduced HOUSE FILE 679 BY CROKEN A BILL FOR An Act relating to county and city authorization to impose fees 1 for the provision of single-use plastic bags. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2813YH (3) 91 sb/js

H.F. 679 Section 1. Section 331.301, subsection 6, paragraph 1 c, subparagraph (1), subparagraph division (b), unnumbered 2 paragraph 1, Code 2025, is amended to read as follows: 3 “Container” means a bag, other than a single-use plastic bag, 4 cup, package, container, bottle, or other packaging that is all 5 of the following: 6 Sec. 2. Section 331.301, subsection 6, paragraph c, 7 subparagraph (1), Code 2025, is amended by adding the following 8 new subparagraph division: 9 NEW SUBPARAGRAPH DIVISION . (c) “Single-use plastic bag” 10 means a bag made of plastic that is provided by a retailer to 11 a consumer at the point of sale and that is not a reusable 12 grocery bag. A single-use plastic bag does not include any of 13 the following: 14 (i) A bag provided by a pharmacy to a customer purchasing a 15 prescription medication. 16 (ii) A bag without handles used to protect a purchased 17 item from damaging or contaminating other purchased items when 18 placed in another bag. 19 (iii) A bag provided to contain an unwrapped food item. 20 Sec. 3. Section 331.301, subsection 6, paragraph c, Code 21 2025, is amended by adding the following new subparagraph: 22 NEW SUBPARAGRAPH . (4) This paragraph “c” does not prohibit 23 a county from adopting or enforcing an ordinance, motion, 24 resolution, or amendment that sets a fee for providing a 25 single-use plastic bag with a sale or lease of consumer 26 merchandise. 27 Sec. 4. Section 364.3, subsection 3, paragraph c, 28 subparagraph (1), subparagraph division (b), unnumbered 29 paragraph 1, Code 2025, is amended to read as follows: 30 “Container” means a bag, other than a single-use plastic bag, 31 cup, package, container, bottle, or other packaging that is all 32 of the following: 33 Sec. 5. Section 364.3, subsection 3, paragraph c, 34 subparagraph (1), Code 2025, is amended by adding the following 35 -1- LSB 2813YH (3) 91 sb/js 1/ 3

H.F. 679 new subparagraph division: 1 NEW SUBPARAGRAPH DIVISION . (c) “Single-use plastic bag” 2 means a bag made of plastic that is provided by a retailer to 3 a consumer at the point of sale and that is not a reusable 4 grocery bag. A single-use plastic bag does not include any of 5 the following: 6 (i) A bag provided by a pharmacy to a customer purchasing a 7 prescription medication. 8 (ii) A bag without handles used to protect a purchased 9 item from damaging or contaminating other purchased items when 10 placed in another bag. 11 (iii) A bag provided to contain an unwrapped food item. 12 Sec. 6. Section 364.3, subsection 3, paragraph c, Code 2025, 13 is amended by adding the following new subparagraph: 14 NEW SUBPARAGRAPH . (4) This paragraph “c” does not 15 prohibit a city from adopting or enforcing an ordinance, 16 motion, resolution, or amendment that sets a fee for providing 17 a single-use plastic bag with a sale or lease of consumer 18 merchandise. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to the regulation of single-use plastic 23 bags by counties and cities. 24 Current law prohibits a county or city from adopting or 25 enforcing an ordinance, motion, resolution, or amendment that 26 sets standards or requirements regarding the sale or marketing 27 of consumer merchandise that are different from, or in addition 28 to, any state law. The definition of “consumer merchandise” 29 includes any container used for consuming, carrying, or 30 transporting such merchandise. The definition of “container” 31 includes a bag, cup, package, container, bottle, or other 32 package, all of which are subject to specified conditions. 33 The bill excludes single-use plastic bags from the 34 definition of “container”, and therefore single-use plastic 35 -2- LSB 2813YH (3) 91 sb/js 2/ 3

H.F. 679 bags are not considered consumer merchandise. The bill 1 defines “single-use plastic bag” to mean a bag made of plastic 2 that is provided by a retailer to a consumer at the point 3 of sale and that is not a reusable grocery bag, but with 4 certain exceptions. The bill provides that the prohibition 5 preventing counties and cities from adopting or enforcing an 6 ordinance, motion, resolution, or amendment that sets standards 7 or requirements regarding the sale or marketing of consumer 8 merchandise that are different from, or in addition to, any 9 state law does not prevent a county or city from adopting or 10 enforcing an ordinance, motion, resolution, or amendment that 11 sets a fee for providing a single-use plastic bag with a sale 12 or lease of consumer merchandise. 13 -3- LSB 2813YH (3) 91 sb/js 3/ 3