Minnesota 2011 bill text

H.F. No. 1494

The following text was found at https://www.revisor.mn.gov/bin/getbill.php?number=HF1494&session=ls87&version=list&session_number=0&session_year=2011 The companion Senate bill can be found at https://www.revisor.mn.gov/bin/bldbill.php?bill=S1206.0.html&session=ls87

1.2relating to solid waste; requiring a refund to be placed on recyclable beverage
1.3containers; requiring labeling of beverage containers; establishing an account;
1.4providing reports; appropriating money;amending Minnesota Statutes 2010,
1.5section 13.7411, subdivision 4; proposing coding for new law in Minnesota
1.6Statutes, chapter 115A.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8    Section 1. Minnesota Statutes 2010, section 13.7411, subdivision 4, is amended to read:
1.9    Subd. 4. Waste management. (a) Transfer station data. Data received by a
1.10county or district from a transfer station under section 115A.84, subdivision 5, are
1.11classified under that section.
1.12(b) Solid waste records. Records of solid waste facilities received, inspected,
1.13or copied by a county pursuant to section 115A.882 are classified pursuant to section
1.14115A.882, subdivision 3 .
1.15(c) Customer lists. Customer lists provided to counties or cities by solid waste
1.16collectors are classified under section 115A.93, subdivision 5.
1.17(d) Beverage container payment. Data regarding manufacturer payments for
1.18beverage containers sold or offered for sale in the state are classified under section
1.19115A.1339.
1.20(e) Beverage container reporting. Data reported regarding refunds for beverage
1.21containers are classified under section 115A.1342.

1.22    Sec. 2. [115A.1335] DEFINITIONS.
1.23    Subdivision 1. Scope. For purposes of sections 115A.1335 to 115A.1348, the
1.24following terms have the meaning given.
2.1    Subd. 2. Agency. "Agency" means the Pollution Control Agency.
2.2    Subd. 3. Beverage. (a) "Beverage" means:
2.3(1) a soft drink, soda water, carbonated or uncarbonated natural or mineral water,
2.4juice, tea, or coffee;
2.5(2) beer, ale, or other malt liquor;
2.6(3) mixed spirits, wine, or mixed wine; and
2.7(4) other drinks in liquid form intended for human consumption.
2.8(b) "Beverage" does not include a liquid that is:
2.9(1) milk;
2.10(2) a syrup;
2.11(3) in concentrated form;
2.12(4) typically added as a minor flavoring ingredient in food or drink, such as extracts,
2.13cooking additives, sauces, or condiments;
2.14(5) a drug or infant formula, as defined in the Federal Food, Drug, and Cosmetic
2.15Act, United States Code, title 21, section 321, paragraph (g), clause (1), and paragraph
2.16(z), respectively; or
2.17(6) a medical food, as defined in the 1988 Orphan Drug Act Amendments, United
2.18States Code, title 21, section 360ee, paragraph (b), clause (3).
2.19    Subd. 4. Beverage container. "Beverage container" means an airtight metal, glass,
2.20or plastic container, or a container composed of a combination of these materials, that,
2.21when sold or offered for sale, contains no more than three liters of a beverage.
2.22    Subd. 5. Commissioner. "Commissioner" means the commissioner of the Pollution
2.23Control Agency.
2.24    Subd. 6. Convenience store. "Convenience store" means an establishment that
2.25retails a limited selection of food and nonfood items, including snacks and prepared foods,
2.26cigarettes, and beverages in beverage containers and may also retail automotive fuel. A
2.27convenience store is assigned a North American Industry Classification System code of
2.28445120 or 447110 by the United States Census Bureau.
2.29    Subd. 7. Distilled spirits. "Distilled spirits" has the meaning given in section
2.30340A.101, subdivision 9.
2.31    Subd. 8. Department. "Department" means the Department of Revenue.
2.32    Subd. 9. Exclusive liquor store. "Exclusive liquor store" has the meaning given in
2.33section 340A.101, subdivision 10.
2.34    Subd. 10. Grocery store. "Grocery store" means an establishment retailing a
2.35general line of food, including canned and frozen foods, fresh fruits and vegetables, fresh
2.36and prepared meats, fish, poultry, dairy products, beverages in beverage containers, and
3.1nonfood items. A grocery store is assigned a North American Industry Classification
3.2System code of 445110 by the United States Census Bureau.
3.3    Subd. 11. Hauler. "Hauler" means a person who makes a commercial arrangement
3.4to collect and transport empty beverage containers to be redeemed, processed, or recycled.
3.5    Subd. 12. Intact beverage container. "Intact beverage container" means an empty
3.6beverage container that is not broken, cracked, or compressed and on which the labeling
3.7required under section 115A.1336 is clearly readable.
3.8    Subd. 13. Large general merchandise store. "Large general merchandise
3.9store" means an establishment retailing a wide range of general merchandise, including
3.10groceries, beverages in beverage containers, apparel, furniture, and appliances. A large
3.11general merchandise store is assigned a North American Industry Classification System
3.12code of 452910 by the United States Census Bureau.
3.13    Subd. 14. Malt liquor. "Malt liquor" has the meaning given in section 340A.101,
3.14subdivision 16.
3.15    Subd. 15. Manufacturer. "Manufacturer" means a person who places beverages in
3.16beverage containers for eventual sale to consumers.
3.17    Subd. 16. Mixed spirits. "Mixed spirits" means a drink containing ten percent or
3.18less alcohol by volume, consisting of distilled spirits mixed with nonalcoholic beverages
3.19or flavoring or coloring materials.
3.20    Subd. 17. Mixed wine. "Mixed wine" means a drink containing less than seven
3.21percent alcohol by volume, consisting of wine and plain, sparkling, or carbonated water
3.22and other nonalcoholic ingredients.
3.23    Subd. 18. On-site seller. "On-site seller" means a person, other than a convenience
3.24store, who sells beverages in or from beverage containers to retail customers for
3.25consumption on-site, including, but not limited to, a seasonal permanent food stand,
3.26as defined in section 157.15, subdivision 12a; a school concession stand, as defined in
3.27section 157.15, subdivision 12b; and a special event food stand, as defined in section
3.28157.15, subdivision 14.
3.29    Subd. 19. Processor. "Processor" means a person who physically reduces the
3.30volume of empty beverage containers received from a transporter through crushing,
3.31shredding, grinding, or other physical processes, which may include the removal of
3.32extraneous materials such as labels, caps, and rings, in order to prepare the containers
3.33for recycling.
3.34    Subd. 20. Program year. "Program year" means the period from July 1 through
3.35June 30.
4.1    Subd. 21. Recycling. "Recycling" means the manufacturing of glass, plastic, or
4.2metal from empty beverage containers that have been previously processed.
4.3    Subd. 22. Redeem. "Redeem" means to pay the refund value of an empty beverage
4.4container to a person.
4.5    Subd. 23. Retailer. "Retailer" means a grocery store, a convenience store, an
4.6exclusive liquor store, or a large general merchandise store subject to the provisions of
4.7section 115A.1342, but does not include an on-site seller.
4.8    Subd. 24. Unclaimed refunds. "Unclaimed refunds" means the revenues remaining
4.9in the account established in section 115A.1338 after payment of all refunds, handling
4.10fees, and costs incurred by the agency and the department to implement and administer
4.11sections 115A.1335 to 115A.1348.
4.12    Subd. 25. Wholesaler. "Wholesaler" has the meaning given in section 340A.101,
4.13subdivision 28.
4.14    Subd. 26. Wine. "Wine" has the meaning given in section 340A.101, subdivision 29.
4.15EFFECTIVE DATE.This section is effective the day following final enactment.

4.16    Sec. 3. [115A.1336] BEVERAGE CONTAINER LABELING.
4.17After January 1, 2012, no beverage container may be sold or offered for sale in this
4.18state unless it clearly indicates by embossing or imprinting on the product label, or in the
4.19case of a metal beverage container, on top of the container, the word "Minnesota" or the
4.20letters "MN" and the refund value of the container in type at least one-eighth inch in
4.21height, or an alternate indication as may be approved by the commissioner. The names or
4.22abbreviations of other states that have enacted legislation comparable to that in sections
4.23115A.1335 to 115A.1348 may be indicated on the container.
4.24EFFECTIVE DATE.This section is effective the day following final enactment.

4.25    Sec. 4. [115A.1337] MANUFACTURER REGISTRATION.
4.26(a) A manufacturer of beverage containers sold or offered for sale in this state after
4.27November 15, 2011, must submit a registration by that date to the agency that includes:
4.28(1) a list of the manufacturer's brands of beverages sold in beverage containers
4.29offered for sale in this state and the size, shape, and material of the beverage containers;
4.30(2) the name, address, and contact information of a person responsible for ensuring
4.31compliance with sections 115A.1335 to 115A.1348; and
4.32(3) a certification that the manufacturer has complied and will continue to comply
4.33with the requirements of sections 115A.1335 to 115A.1348.
5.1(b) A manufacturer who begins to sell or offer for sale beverage containers in this
5.2state after November 15, 2011, and has not filed a registration under this section must
5.3submit a registration to the agency within ten days of beginning to sell or offer for sale
5.4beverage containers in this state.
5.5(c) A registration must be updated within 30 days after a change in the size, shape,
5.6or material of a manufacturer's brands of beverage containers sold or offered for sale in
5.7this state.
5.8(d) A registration is effective upon receipt by the agency and is valid until June
5.930 of each program year.
5.10(e) The agency must review each registration and notify the manufacturer of any
5.11information required by this section that is omitted from the registration. Within 30 days
5.12of receipt of a notification from the agency, the manufacturer must submit a revised
5.13registration providing the information noted by the agency.
5.14(f) The agency must maintain on its Web site the names of manufacturers and the
5.15manufacturers' brands listed in registrations filed with the agency. The agency must update
5.16the Web site information promptly upon receipt of a new or updated registration.
5.17(g) A retailer is not responsible for an unlawful sale under this section if the
5.18manufacturer's registration expired or was revoked and the retailer took possession of a
5.19beverage container prior to the expiration or revocation of the manufacturer's registration.
5.20EFFECTIVE DATE.This section is effective the day following final enactment.

5.21    Sec. 5. [115A.1338] MANUFACTURER'S REGISTRATION FEE; CREATION
5.22OF ACCOUNT.
5.23    Subdivision 1. Registration fee. (a) Each manufacturer that registers under section
5.24115A.1337 must, by July 1 each year, pay to the commissioner an annual registration
5.25fee. The commissioner of revenue must deposit the fee in the account established in
5.26subdivision 2.
5.27(b) The registration fee for a manufacturer's initial year of registration is $3 per
5.2810,000 beverage containers sold in Minnesota during the previous 12 months and $1 per
5.2910,000 beverage containers sold in Minnesota during the previous 12 months thereafter.
5.30    Subd. 2. Creation of account; appropriations. (a) The beverage container
5.31recycling account is established in the environmental fund. The commissioner of revenue
5.32must deposit receipts from the fees established in subdivision 1 and section 115A.1339
5.33and any penalties received from violations of sections 115A.1335 to 115A.1348 in the
5.34account. Any interest earned on the account must be credited to the account. Money from
5.35other sources may be credited to the account.
6.1(b) Until June 30, 2014, money in the account is annually appropriated to the
6.2Pollution Control Agency for implementing sections 115A.1335 to 115A.1348.
6.3EFFECTIVE DATE.This section is effective the day following final enactment.

6.4    Sec. 6. [115A.1339] MANUFACTURER PAYMENTS.
6.5(a) Beginning January 1, 2012, each manufacturer registered under section
6.6115A.1337 must pay monthly to the commissioner of revenue, for each beverage container
6.7sold or offered for sale in this state during the previous month, a refund value of ten cents
6.8and a handling fee of two cents.
6.9(b) Data reported under this section by an individual manufacturer is nonpublic data,
6.10as defined in section 13.02, subdivision 9, except that the department or agency may
6.11release the data in summary form in which individual manufacturers are not identified
6.12and from which neither their identities nor any other characteristics that could uniquely
6.13identify an individual manufacturer is ascertainable.
6.14EFFECTIVE DATE.This section is effective the day following final enactment.

6.15    Sec. 7. [115A.1340] FOREIGN MANUFACTURERS; REGISTRATION FEE
6.16AND PAYMENTS.
6.17(a) A manufacturer who places beverages in beverage containers outside the United
6.18States that sells to a single wholesaler more than $5,000 annually in beverage containers to
6.19be offered for sale in Minnesota must comply with the requirements of section 115A.1337.
6.20(b) A wholesaler must pay the registration fee established in section 115A.1338 and
6.21the payments in section 115A.1339 for each manufacturer located outside the United
6.22States from whom the wholesaler purchases more than $5,000 annually in beverage
6.23containers to be sold or offered for sale in Minnesota. A wholesaler has the right to
6.24recover payments made under this section from a manufacturer who places beverages in
6.25beverage containers outside the United States.

6.26    Sec. 8. [115A.1341] REFUND CENTERS.
6.27(a) Any person may establish a refund center, subject to the approval of the
6.28commissioner, at which a person may return empty beverage containers and receive
6.29payment of the containers' refund value.
6.30(b) Application for approval of a refund center must be made on a form prescribed
6.31by the commissioner.
7.1(c) The commissioner must approve a request to establish a refund center if the
7.2commissioner determines that the refund center provides a convenient service to persons
7.3for the return of empty beverage containers and complies with local land use regulations.
7.4 (d) The commissioner may review approval of a request to establish a refund center
7.5at any time and may, after public hearing, withdraw approval of a refund center if the
7.6commissioner finds that the refund center no longer provides a convenient service to the
7.7public or has violated a provision of this section or section 115A.1342.
7.8(e) A refund center may make commercial arrangements with a hauler to transport
7.9beverage containers or with on-site sellers of beverage containers to accept empty
7.10beverage containers and may pay the transporters or on-site sellers less than the full refund
7.11value of the containers. A refund center arranging to accept empty beverage containers
7.12from an on-site seller must certify chain of custody of unredeemed empty beverage
7.13containers from on-site sellers and certify that no redeemed empty beverage containers
7.14are mixed with unredeemed empty beverage containers.
7.15(f) A refund center may contract with organizers of special events to collect, process,
7.16and recycle empty beverage containers.
7.17(g) A refund center may process empty beverage containers it has redeemed or
7.18unredeemed containers it has received under paragraph (e) or (f).
7.19(h) A nonprofit organization may receive refunds on empty beverage containers it
7.20brings to a refund center.
7.21EFFECTIVE DATE.This section is effective the day following final enactment.

7.22    Sec. 9. [115A.1342] RETAILERS' AND REFUND CENTERS'
7.23RESPONSIBILITIES.
7.24    Subdivision 1. Acceptance of beverage containers. (a) A retailer or refund center
7.25must accept and pay the refund value of any empty beverage container that:
7.26(1) is an intact beverage container;
7.27(2) does not visibly contain a substance other than water, residue from its original
7.28contents, or ordinary dust; and
7.29(3) is labeled as required under section 115A.1336.
7.30(b) A retailer or refund center must not accept or pay the refund value of an empty
7.31beverage container that does not comply with each of the provisions of paragraph (a).
7.32    Subd. 2. Payment of refund value. (a) A retailer must ensure that the process of
7.33redeeming empty beverage containers is no more time-consuming and no less efficient
7.34than making a retail purchase at the retailer's store.
8.1(b) Except as provided in this subdivision, subdivision 1, paragraph (b), and section
8.2115A.1345, a retailer or refund center must pay the refund value of any empty beverage
8.3container to a person who brings the empty beverage container to the retailer.
8.4(c) A retailer may accept, but is not required to accept, empty beverage containers
8.5from a person for a refund in excess of $20 on any given day. A refund center may accept,
8.6but is not required to accept, empty beverage containers from a person for a refund in
8.7excess of $100 on any given day.
8.8(d) A retailer may offer, at the retailer's discretion, in lieu of a cash refund, in-store
8.9credit in an amount equal to the cash refund owed to a person bringing empty beverage
8.10containers to the retailer for redemption.
8.11    Subd. 3. Disposition of containers. (a) Empty beverage containers redeemed by a
8.12retailer or refund center are the property of the retailer or refund center.
8.13(b) To minimize opportunities for fraud, a retailer or refund center must, within one
8.14business day after paying a refund on an empty beverage container, crush, shred, or clearly
8.15and permanently mark the empty beverage container as redeemed. Until one of these
8.16treatment methods is applied to a redeemed empty beverage container, a retailer or refund
8.17center must provide for secure storage of the redeemed empty beverage container.
8.18(c) A retailer or refund center may process empty beverage containers it has
8.19redeemed and treated under paragraph (b) to make the empty beverage containers ready
8.20to be recycled.
8.21(d) A retailer or refund center may contract with a person to transport empty
8.22beverage containers it has redeemed to a processor or recycler or contract directly with a
8.23processor or recycler for processing or recycling of empty beverage containers. A retailer
8.24or refund center is responsible for maintaining, for a period of three years, documentation
8.25indicating where all empty beverage containers it redeems are transported for processing
8.26and recycling.
8.27    Subd. 4. Retailer and refund center compensation. A retailer or refund center
8.28is entitled to monthly payment from the department of the refund value of each empty
8.29beverage container the retailer or refund center redeems, plus the following compensation
8.30for handling:
8.31(1) for a large general merchandise store, one cent per empty beverage container
8.32redeemed by the large general merchandise store;
8.33(2) for a grocery store or convenience store, two cents per empty beverage container
8.34redeemed by the grocery store or convenience store;
8.35(3) for an exclusive liquor store, two cents per empty beverage container redeemed
8.36by the exclusive liquor store; and
9.1(4) for refund centers, two cents per empty beverage container redeemed by the
9.2refund center.
9.3    Subd. 5. Reporting. A retailer or refund center must report monthly to the
9.4commissioner on a form developed by the commissioner:
9.5(1) the amount of refunds paid to redeem empty beverage containers;
9.6(2) a separate count of the number of empty glass, metal, and plastic beverage
9.7containers redeemed;
9.8(3) to whom and in what amounts redeemed empty beverage containers were
9.9transported; and
9.10 (4) any other information requested by the commissioner.
9.11    Subd. 6. Nonpublic data. Data reported under subdivision 5 by an individual
9.12retailer or refund center are classified as nonpublic data, as defined in section 13.02,
9.13subdivision 9, except that the agency may release the data in summary form in which
9.14individual retailers or refund centers are not identified and from which neither their
9.15identities nor any other characteristics that could uniquely identify an individual retailer
9.16or refund center is ascertainable.
9.17EFFECTIVE DATE.This section is effective the day following final enactment.

9.18    Sec. 10. [115A.1343] HAULERS' RESPONSIBILITIES.
9.19(a) A hauler may arrange with a retailer, refund center, processor, or recycler to
9.20collect and transport redeemed empty beverage containers to a processor or recycler.
9.21(b) A hauler may arrange with an on-site seller, homeowner, owner of multifamily
9.22housing, or municipality to collect and transport unredeemed empty beverage containers
9.23to a refund center, processor, or recycler.
9.24(c) A hauler collecting and transporting unredeemed empty beverage containers
9.25must certify to the person to whom the unredeemed empty beverage containers are
9.26delivered that no redeemed empty beverage containers are mixed with unredeemed empty
9.27beverage containers.
9.28EFFECTIVE DATE.This section is effective the day following final enactment.

9.29    Sec. 11. [115A.1344] PROCESSORS' RESPONSIBILITIES.
9.30(a) A processor may accept for processing:
9.31(1) redeemed empty beverage containers from a hauler, retailer, or refund center; and
10.1(2) unredeemed empty beverage containers from a homeowner, an owner of
10.2multifamily housing, an on-site seller, a hauler, or a municipality utilizing a curbside
10.3collection system.
10.4(b) A processor must be able to certify that redeemed empty beverage containers are
10.5not mixed in with unredeemed empty beverage containers accepted for processing.
10.6(c) A processor is entitled to be paid an amount for documented unredeemed empty
10.7beverage containers in its possession based on the weight of the material, as established by
10.8the commissioner under section 115A.1346, subdivision 1.
10.9(d) A processor may sell processed empty beverage container material to a material
10.10trader or a recycler.
10.11(e) A processor must report each month to the commissioner both the number
10.12of redeemed and unredeemed empty beverage containers it receives, processes, and
10.13transports.
10.14EFFECTIVE DATE.This section is effective the day following final enactment.

10.15    Sec. 12. [115A.1345] ON-SITE SELLERS' RESPONSIBILITIES.
10.16(a) An on-site seller may, but is not required to, redeem empty beverage containers.
10.17(b) An on-site seller that elects to redeem empty beverage containers:
10.18(1) is eligible to receive directly from the department the refund value and a handling
10.19fee payment of 2 cents for each empty beverage container redeemed; and
10.20(2) must comply with the provisions of section 115A.1342 to which a retailer
10.21is subject.
10.22(c) An on-site seller that elects not to redeem empty beverage containers is not
10.23eligible to receive directly from the department the refund value or a handling fee payment
10.24for empty beverage containers.
10.25(d) An on-site seller must offer conveniently placed and adequately sized containers
10.26for the disposal by customers and employees of empty beverage containers holding
10.27beverages consumed by retail customers on site. The containers must be clearly labeled to
10.28indicate that no material other than empty beverage containers may be deposited in them.
10.29(e) An on-site seller may arrange with a hauler or a refund center to take possession
10.30of the on-site seller's unredeemed empty beverage containers and may receive all or a
10.31portion of the revenue the transporter or refund center receives for redeeming the empty
10.32beverage containers.
10.33EFFECTIVE DATE.This section is effective the day following final enactment.

11.1    Sec. 13. [115A.1346] AGENCY AND DEPARTMENT DUTIES.
11.2    Subdivision 1. Agency duties. (a) The agency shall administer sections 115A.1335
11.3to 115A.1348.
11.4(b) The agency shall establish procedures for receipt and maintenance of the
11.5registrations filed with the agency under section 115A.1337 and shall make them easily
11.6available to manufacturers, retailers, and members of the public.
11.7(c) The agency shall establish a refund value to be paid based on the weight of empty
11.8beverage containers redeemed.
11.9(d) The agency shall annually review:
11.10(1) the amount of empty beverage containers collected, processed, and recycled by
11.11material type, by type of retailer, and by refund centers;
11.12(2) the manufacturers' registration fee; and
11.13(3) the reports submitted under section 115A.1344.
11.14(e) The agency shall review the monthly reports from retailers and refund centers
11.15required under section 115A.1342 and the report required from processors under section
11.16115A.1344, certify the proper amount of refund due to each entity submitting a report, and
11.17request the department to remit refunds in those amounts to each entity.
11.18(f) On or before December 1, 2013, and each year thereafter, the agency shall
11.19provide a report to the governor and the legislature on the implementation of sections
11.20115A.1335 to 115A.1348. For each program year, the report must discuss the total amount
11.21of beverage containers recycled and a summary of information in the reports submitted
11.22by retailers and refund centers under section 115A.1342, subdivision 5. The report must
11.23also discuss the various collection programs used to collect beverage containers and
11.24information about beverage containers, if any, being disposed of in landfills in the state.
11.25The report must include a description of enforcement actions under sections 115A.1335 to
11.26115A.1348. The agency may include in its report other information received or developed
11.27by the agency regarding the implementation of sections 115A.1335 to 115A.1348.
11.28(g) The agency shall enforce sections 115A.1335 to 115A.1348 in the manner
11.29provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072.
11.30(h) The agency shall develop a form retailers and refund centers must use to report
11.31information under section 115A.1342, subdivision 5.
11.32    Subd. 2. Department duties. (a) The department shall pay refunds as directed by
11.33the agency under subdivision 1, paragraph (e).
11.34(b) The department shall manage the account established in section 115A.1338,
11.35subdivision 2. If the revenues in the account exceed the amount that the department
11.36determines is necessary for efficient and effective administration of the program, including
12.1any amount for contingencies, the agency must recommend to the legislature that the
12.2registration fee be lowered to reduce revenues collected in the subsequent program year
12.3by the estimated amount of the excess.
12.4EFFECTIVE DATE.This section is effective the day following final enactment.

12.5    Sec. 14. [115A.1347] UNCLAIMED REFUNDS.
12.6From all unclaimed refunds in the beverage container recycling account, the
12.7commissioner shall transfer at the end of each quarter:
12.8(1) 90 percent to the environmental fund; and
12.9(2) ten percent, divided in equal amounts, to each county for the purpose of solid
12.10waste management.
12.11EFFECTIVE DATE.This section is effective the day following final enactment.

12.12    Sec. 15. [115A.1348] VIOLATIONS.
12.13Actions that violate sections 115A.1335 to 115A.1347 include, but are not limited
12.14to, the following:
12.15(1) collecting or attempting to collect the refund value or handling fee on an empty
12.16beverage container after the applicable refund or handling fee has been paid on the empty
12.17beverage container;
12.18(2) manufacturing, selling, possessing, or affixing a false or counterfeit label
12.19purporting to comply with the requirements of section 115A.1336; and
12.20(3) collecting or attempting to collect the refund value or handling fee on an empty
12.21beverage container with the use of a false or counterfeit label.
12.22EFFECTIVE DATE.This section is effective the day following final enactment.