Iowa 2013 bill text

Senate Study Bill 1247

The following text was found at http://coolice.legis.iowa.gov/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&menu=false&hbill=ssb1247&ga=85

A BILL FOR

An Act relating to the types of containers included under the beverage container control laws and the reimbursement amount paid by a distributor for empty beverage containers and making an appropriation.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 455C.1, subsections 1 and 2, Code 2013, are amended to read as follows:
   1.  “Beverage” means

includes but is not limited to wine as defined in section 123.3, subsection 47, alcoholic liquor as defined in section 123.3, subsection 5,

and beer

all as defined in section 123.3, subsection 7, mineral water, soda water and similar carbonated soft drinks

and any nonalcoholic, carbonated and noncarbonated drinks, in liquid form and intended for human consumption.

 

“Beverage” does not include any of the following:
   a.  Fruit and vegetable juice and drink products.
   b.  Grade “A” milk and milk products as specified in the grade “A” pasteurized milk ordinance, as provided in section 192.102.
   c.  A liquid that is any of the following:
   (1)  A syrup.
   (2)  In a concentrated form.
   (3)  Typically added as a minor flavoring ingredient in food or drink, such as extracts, cooking additives, sauces, or condiments.
   d.  A liquid that is ingested in very small quantities and consumed for medicinal purposes only.
   e.  A liquid that is designed and consumed only as a nutritional supplement, as defined by the department, and not as a beverage.
   f.  Products frozen at the time of sale to the consumer, or, in the case of institutional users such as hospitals and nursing homes, at the time of sale to such users.
   g.  Products designed to be consumed in a frozen state.
   h.  Instant drink powders.
   i.  Seafood, meat, or vegetable broths or soups.
   j.  Farm-produced apple cider that has not been heated, pasteurized, or otherwise processed.
   k.  Infant formula.
   2.  “Beverage container” means any sealed glass, plastic, or metal bottle, can, jar, or carton containing a beverage.

 

“Beverage container” does not include any of the following:
   a.  A bottle, can, jar, or carton of three liters or more in size containing a noncarbonated beverage.
   b.  A bottle, can, jar, or carton made of high-density polyethylene.
    Sec. 2.  Section 455C.2, subsection 2, Code 2013, is amended to read as follows:
   2.  In addition to the refund value provided in subsection 1 of this section, a dealer, or person operating a redemption center who redeems empty beverage containers or a dealer agent shall be reimbursed by the distributor required to accept the empty beverage containers an amount which is one cent per container.

 

However, the distributor shall provide an additional one cent reimbursement for each beverage container made of plastic. A dealer, dealer agent, or person operating a redemption center may compact empty metal beverage containers with the approval of the distributor required to accept the containers.
    Sec. 3.  APPROPRIATION.  There is appropriated from the general fund of the state to the department of natural resources for the fiscal year beginning July 1, 2013, and ending June 30, 2014, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For administering chapter 455C, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $     10,000
EXPLANATION
   This bill relates to the types of containers included under the beverage container control laws and the reimbursement amount paid by a distributor for empty beverage containers.
   The bill expands the list of beverages whose containers are regulated under Code chapter 455C, commonly referred to as the bottle bill. The newly regulated beverages include any nonalcoholic, carbonated and noncarbonated drinks excluding fruit and vegetable juices and fruit drinks and grade “A” milk and milk products as specified in the grade “A” pasteurized milk ordinance. The bill also includes a list of other exceptions to the newly regulated beverages.
   The bill limits the type of bottles, cans, jars, and cartons that are included under the definition for the term “beverage container”. The bill excludes from the term bottles, cans, jars, and cartons of three liters or more in size containing a noncarbonated beverage and bottles, cans, jars, and cartons made of high-density polyethylene.
   The reimbursement amount, commonly referred to as a handling fee, is paid by the distributor who collects the beverage containers from the dealer or person operating a redemption center. Currently, the reimbursement amount is 1 cent per container. The bill requires distributors to pay an additional 1 cent for each collected beverage container that is made of plastic.
   The bill appropriates moneys from the general fund of the state to the department of natural resources for purposes of administering Code chapter 455C relating to the beverage container control laws.