House File 320 - IntroducedA Bill ForAn Act 1relating to the use of single-use plastic bags,
2containers, and straws, providing penalties, and including
3effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 455B.183A, subsection 1, Code 2021, is
2amended to read as follows:
   31.  A water quality protection fund is created in the
4state treasury under the control of the department. The fund
5consists of moneys appropriated to the fund by the general
6assembly, moneys deposited into the fund from fees described
7in subsection 2, moneys deposited into the fund from fees
8collected pursuant to sections 455B.187 and 455B.190A, moneys
9deposited into the fund from fees and civil penalties collected
10pursuant to section 455D.17,
and other moneys available to and
11obtained or accepted by the department from the United States
12government or private sources for placement in the fund. The
13fund is divided into the public water supply system account
14and the private water supply system account. Moneys in the
15public water supply system account are appropriated to the
16department for purposes of carrying out the provisions of this
17division, which relate to the administration, regulation, and
18enforcement of the federal Safe Drinking Water Act, and to
19support the program to assist supply systems, as provided in
20section 455B.183B. Moneys in the private water supply system
21account are appropriated to the department for the purpose of
22supporting the programs established to protect private drinking
23water supplies as provided in sections 455B.187, 455B.188,
24455B.190, and 455B.190A.
25   Sec. 2.  NEW SECTION.  455D.17  Single-use plastic bags,
26containers, and straws.
   271.  As used in this section:
   28a.  “Carryout bag” means a bag made of plastic that is
29provided by a retail establishment to a customer at the point
30of sale and that is not a reusable grocery bag. “Carryout bag”
31does not include any of the following:
   32(1)  A bag provided by a pharmacy to a customer purchasing a
33prescription medication.
   34(2)  A bag without handles used to protect a purchased item
35from damaging or contaminating other purchased items when
-1-1placed in another bag.
   2(3)  A bag provided to contain an unwrapped food item.
   3(4)  A bag that is designed to be placed over an article of
4clothing on a hanger.
   5b.  “Consumer product” means any product that is regularly
6used or purchased to be used for personal, family, household,
7commercial, or industrial purposes.
   8c.  Except when used in the context of a single-use plastic
9straw, “container” means a bottle, can, jar, or carton composed
10in whole or in part of plastic, designed to contain a consumer
11product, and having a volume capacity of five thousand seven
12hundred milliliters or less. “Container” includes a bottle,
13can, jar, or carton that is made of biodegradable material.
   14d.  “Food service establishment” means any place where food
15that is intended for individual service and consumption is
16routinely provided completely prepared, regardless of whether
17consumption occurs on or off the premises and regardless
18of whether there is a charge for the food. “Food service
19establishment”
does not mean a private home where food is
20prepared for individual consumption.
   21e.  “Manufacturer” means a person who does any of the
22following:
   23(1)  Manufactures a single-use carryout bag or a consumer
24product in a single-use container for sale in this state under
25its own brand or label or without affixing a brand name or
26label.
   27(2)  Sells in this state under its own brand or label a
28single-use carryout bag or a consumer product in a single-use
29container produced by another supplier.
   30(3)  Owns a brand that it licenses to another person for
31use on a single-use carryout bag or a consumer product in a
32single-use container sold in this state.
   33(4)  Imports into the United States for sale in this state a
34single-use carryout bag or a consumer product in a single-use
35container manufactured by a person without a presence in the
-2-1United States.
   2f.  “Plastic” means a synthetic material made from organic
3polymers that can be molded into a shape while soft and then
4set into a rigid or slightly elastic form.
   5g.  “Reusable grocery bag” means a bag that is provided by
6a retail establishment to a customer at the point of sale and
7that satisfies all of the following:
   8(1)  The bag has a handle and is designed for at least one
9hundred twenty-five uses.
   10(2)  The bag has a volume capacity of at least fifteen
11liters.
   12(3)  The bag is machine washable or made from a material that
13can be cleaned and disinfected.
   14(4)  The bag has printed on the bag, or on a tag attached to
15the bag that is not intended to be removed, in a manner visible
16to the customer all of the following information:
   17(a)  The name of the manufacturer.
   18(b)  The country where the bag was manufactured.
   19(c)  A statement that the bag is a reusable bag and designed
20for at least one hundred twenty-five uses.
   21(d)  If the bag is eligible for recycling in this state, a
22statement that the bag is recyclable, provided the statement
23complies with 16 C.F.R. §260.12.
   24h.  “Single-use” means the intention that a consumer product
25is to be used only once with the general recognition by the
26public that such item be discarded after one use.
   27i.  “Single-use plastic straw” means a single-use tube made
28of plastic that is used to transfer liquid from a container to
29the mouth of a person drinking the liquid.
   302.  The department shall charge a manufacturer a fee of five
31cents on each single-use carryout bag or single-use container
32sold in this state. The department shall deposit the fees
33collected on a monthly basis in the water quality protection
34fund created in section 455B.183A.
   353.  Each manufacturer shall keep a record of all single-use
-3-1carryout bags or single-use containers sold in or sold into
2this state. Records shall be available at all times for
3inspection by the department.
   44.  A food service establishment shall not offer, provide,
5distribute, or sell a single-use plastic straw to a consumer
6unless requested by the consumer. A food service establishment
7that violates this subsection shall be subject to a civil
8penalty imposed by the department of not more than fifty
9dollars for each day the food service establishment remains in
10violation. The food service establishment shall be subject
11to a civil penalty imposed by the department of one hundred
12dollars for each day a subsequent violation occurs. The
13department shall deposit the civil penalties collected on a
14monthly basis in the water quality protection fund created in
15section 455B.183A.
16   Sec. 3.  EFFECTIVE DATE.  This Act takes effect January 1,
172022.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
   21This bill relates to single-use plastic bags, containers,
22and straws.
   23The bill defines “carryout bag”, “consumer product”,
24“container”, “food service establishment”, “manufacturer”,
25“plastic”, “reusable grocery bag”, “single-use”, and
26“single-use plastic straw”. The bill requires the department
27of natural resources to collect from manufacturers a fee of 5
28cents for every single-use plastic bag or single-use container
29sold in or sold into the state. The department shall deposit
30fees collected into the water quality protection fund. The
31bill requires each manufacturer to keep a record of all
32single-use carryout bags or single-use containers sold in or
33sold into this state and to make records available at all times
34for inspection by the department.
   35The bill prohibits a food service establishment from
-4-1offering, providing, distributing, or selling a single-use
2plastic straw to a consumer unless requested by the consumer.
3A food service establishment that offers, provides,
4distributes, or sells a single-use plastic straw in violation
5of the bill shall be subject to a civil penalty imposed by
6the department of not more than $50 for each day the food
7service establishment remains in violation. The food service
8establishment shall be subject to a civil penalty imposed by
9the department of $100 for each day a subsequent violation
10occurs. The department shall deposit civil penalties collected
11in the water quality protection fund.
   12The director of the department of natural resources may
13issue a compliance order against a person who violates the
14bill. A person against whom a compliance order is issued may
15initiate a contested case pursuant to Code chapter 17A. Upon
16request of the department, the attorney general shall institute
17any legal proceedings necessary to obtain compliance with an
18order of the commission or the director, including proceedings
19for a temporary injunction, or prosecuting any person for
20a violation of an order of the environmental protection
21commission or the director or the provisions of the bill or
22rules adopted pursuant to the bill.
   23The bill takes effect January 1, 2022.
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