HF 679 (LSB 2813YH (3) 91)

HOUSE FILE 679

BY  CROKEN

A BILL FOR

An Act relating to county and city authorization to impose fees for the provision of single-use plastic bags.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.301, subsection 6, paragraph c, subparagraph (1), subparagraph division (b), unnumbered paragraph 1, Code 2025, is amended to read as follows:
   “Container” means a bag, other than a single-use plastic bag, cup, package, container, bottle, or other packaging that is all of the following:
    Sec. 2.  Section 331.301, subsection 6, paragraph c, subparagraph (1), Code 2025, is amended by adding the following new subparagraph division:
   NEW SUBPARAGRAPH DIVISION.  (c)  “Single-use plastic bag” means a bag made of plastic that is provided by a retailer to a consumer at the point of sale and that is not a reusable grocery bag. A single-use plastic bag does not include any of the following:
   (i)  A bag provided by a pharmacy to a customer purchasing a prescription medication.
   (ii)  A bag without handles used to protect a purchased item from damaging or contaminating other purchased items when placed in another bag.
   (iii)  A bag provided to contain an unwrapped food item.
    Sec. 3.  Section 331.301, subsection 6, paragraph c, Code 2025, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (4)  This paragraph “c” does not prohibit a county from adopting or enforcing an ordinance, motion, resolution, or amendment that sets a fee for providing a single-use plastic bag with a sale or lease of consumer merchandise.
    Sec. 4.  Section 364.3, subsection 3, paragraph c, subparagraph (1), subparagraph division (b), unnumbered paragraph 1, Code 2025, is amended to read as follows:
   “Container” means a bag, other than a single-use plastic bag, cup, package, container, bottle, or other packaging that is all of the following:
    Sec. 5.  Section 364.3, subsection 3, paragraph c, subparagraph (1), Code 2025, is amended by adding the following new subparagraph division:
   NEW SUBPARAGRAPH DIVISION.  (c)  “Single-use plastic bag” means a bag made of plastic that is provided by a retailer to a consumer at the point of sale and that is not a reusable grocery bag. A single-use plastic bag does not include any of the following:
   (i)  A bag provided by a pharmacy to a customer purchasing a prescription medication.
   (ii)  A bag without handles used to protect a purchased item from damaging or contaminating other purchased items when placed in another bag.
   (iii)  A bag provided to contain an unwrapped food item.
    Sec. 6.  Section 364.3, subsection 3, paragraph c, Code 2025, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (4)  This paragraph “c” does not prohibit a city from adopting or enforcing an ordinance, motion, resolution, or amendment that sets a fee for providing a single-use plastic bag with a sale or lease of consumer merchandise.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the regulation of single-use plastic bags by counties and cities.
   Current law prohibits a county or city from adopting or enforcing an ordinance, motion, resolution, or amendment that sets standards or requirements regarding the sale or marketing of consumer merchandise that are different from, or in addition to, any state law. The definition of “consumer merchandise” includes any container used for consuming, carrying, or transporting such merchandise. The definition of “container” includes a bag, cup, package, container, bottle, or other package, all of which are subject to specified conditions.
   The bill excludes single-use plastic bags from the definition of “container”, and therefore single-use plastic bags are not considered consumer merchandise. The bill defines “single-use plastic bag” to mean a bag made of plastic that is provided by a retailer to a consumer at the point of sale and that is not a reusable grocery bag, but with certain exceptions. The bill provides that the prohibition preventing counties and cities from adopting or enforcing an ordinance, motion, resolution, or amendment that sets standards or requirements regarding the sale or marketing of consumer merchandise that are different from, or in addition to, any state law does not prevent a county or city from adopting or enforcing an ordinance, motion, resolution, or amendment that sets a fee for providing a single-use plastic bag with a sale or lease of consumer merchandise.