What changed in SF 2378

11 passages reworded, 45 added and 13 removed; 45 of 114 unchanged.

Removed AddedIntroduced textText as passedAmendments

Compares wording only. The printed bills also mark changes to existing law with strikes and underlines, which aren’t shown here.

Section 1. Section 22.7, Code 2022, is amended by adding the following new subsection:

Section 1. Section 123.136, subsection 1, Code 2022, is amended to read as follows:

NEW SUBSECTION.

1. In addition to the annual permit fee to be paid by all class “A” beer permittees under this chapter there shall be levied and collected from the permittees on all beer manufactured for sale or sold in this state at wholesale and on all beer imported into this state for sale at wholesale and sold in this state at wholesale, and from special class “A” beer permittees on all beer manufactured for consumption on the premises and on all beer sold at retail at the manufacturing premises for consumption off the premises pursuant to section 123.130, subsection 4, a tax of five and eighty-nine four and three hundredths dollars for every barrel containing thirty-one gallons, and at a like rate for any other quantity or for the fractional part of a barrel. However, no tax shall be levied or collected on beer shipped outside this state by a class “A” beer permittee or special class “A” beer permittee or on beer sold to a class “A” beer permittee by a special class “A” beer permittee or another class “A” beer permittee.

75. Identifying information submitted to the department of revenue from a distributor pursuant to section 455C.2, subsection 2, paragraph “b”. However, this subsection shall not be construed to prohibit the dissemination of aggregated information that does not identify a specific distributor.

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2. Section 455C.1, subsections 1 and 6, Code 2022, are amended to read as follows:

1. “Beverage” means wine as defined in section 123.3, subsection 54, alcoholic liquor as defined in section 123.3, subsection 5, beer as defined in section 123.3, subsection 7, high alcoholic content beer as defined in section 123.3, subsection 22, canned cocktail as defined in section 123.3, subsection 11, mineral water, soda water, and similar carbonated soft drinks in liquid form and intended for human consumption.

6. “Dealer agent” means a person who solicits or picks up empty beverage containers from a participating dealer for the purpose of returning the empty beverage containers to a distributor or manufacturer.

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3. Section 455C.1, Code 2022, is amended by adding the following new subsection: subsections:

NEW SUBSECTION. 11A. “Mobile redemption system” means a redemption center location at which a consumer may return empty beverage containers on which a refund value has been paid that uses innovative technology to process empty beverage containers and return the amount of the refund value to consumers.

NEW SUBSECTION. 12A. “Participating dealer” means a dealer who accepts the return of empty beverage containers from a consumer.

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4. Section 455C.2, Code 2022, is amended to read as follows: 455C.2 Refund values.

1. A refund value of not less than five cents shall be paid by the consumer on each beverage container sold in this state by a dealer for consumption off the premises. Upon return of the empty beverage container upon which a refund value has been paid to the a participating dealer or person operating a redemption center and acceptance of the empty beverage container by the participating dealer or person operating a redemption center, the participating dealer or person operating a redemption center shall return the amount of the refund value to the consumer within a reasonable time. time not to exceed ten days.

2.

2. a. 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 under section 455C.3 shall provide reimbursement in an amount which that is one cent per container, except that the reimbursement amount shall be container for containers accepted from a dealer agent and three cents per container for empty beverage containers accepted by from a participating dealer or redemption center. 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.

b. A distributor who pays a handling fee for beverage containers that used to contain beer, including high alcoholic content beer, may claim a refund of the barrel tax established in section 123.136 paid by the distributor in the amount of one cent for each such beverage container accepted. The department of revenue shall prescribe forms for a distributor to use to claim a refund under this paragraph. Identifying information collected by the department of revenue pursuant to this paragraph that can be used to identify a specific distributor shall be considered confidential information pursuant to section 22.7, subsection 75.

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2. A distributor shall accept and pick up from a participating dealer served by the distributor or a redemption center for a dealer served by the distributor at least weekly, or when the distributor delivers the beverage product if deliveries are less frequent than weekly, any empty beverage container of the kind, size, and brand sold by the distributor, and shall pay to the participating dealer or person operating a redemption center the refund value of a beverage container and the reimbursement as provided under section 455C.2 within one week following pickup of the containers or when the participating dealer or redemption center normally pays the distributor for the deposit on beverage products purchased from the distributor if less frequent than weekly. A distributor or employee or agent of a distributor is not in violation of this subsection if a redemption center is closed when the distributor attempts to make a regular delivery or a regular pickup of empty beverage containers. This subsection does not apply to a distributor selling alcoholic liquor to the alcoholic beverages division of the department of commerce.

4. A distributor shall accept from a dealer agent any empty beverage container of the kind, size, and brand sold by the distributor and which that was picked up by the dealer agent from a participating dealer within the geographic territory served by the distributor and the distributor shall pay the dealer agent the refund value of the empty beverage container and the reimbursement as provided in section 455C.2.

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6. Section 455C.4, Code 2022, is amended to read as follows: 455C.4 Refusal to accept containers.

1. Except as provided in section 455C.5, subsection 3, a participating dealer, a person operating a or redemption center, a distributor distributor, or a manufacturer may refuse to accept any empty beverage container which that does not have stated on it a refund value as provided under section 455C.2.

2.

2. a. A On and after July 1, 2023, a dealer may refuse to accept and to pay the refund value of any empty beverage container if the place of business of the dealer and the kind and brand of empty beverage containers are included in an order of the department approving a redemption center under section 455C.6 dealer has provided notice to any of the department. following apply:

(1) The dealer holds a food establishment license under chapter 137F to prepare or serve food, has a certified food protection manager as required by the 2017 United States food and drug administration food code and supplement, and sells time/temperature control for safety food as defined in section 137F.2.

(2) The dealer has entered an agreement with an approved redemption center for the operation of a mobile redemption system and all of the following apply:

(a) The dealer provides adequate space, utilities, and internet connection to operate the mobile redemption system.

(b) The agreement does not require additional payment to the dealer or the mobile redemption system.

(3) The dealer’s place of business is in a county with a population of more than thirty thousand and within ten miles of an approved redemption center or if the dealer’s place of business is in a county with a population of thirty thousand or fewer and within fifteen miles of an approved redemption center.

b. A dealer who refuses to accept and to pay the refund value on any empty beverage container pursuant to this subsection shall conspicuously display on the front door of the dealer’s place of business a notice that the dealer does not accept empty beverage containers. The notice shall also provide the location of the nearest approved redemption center to the dealer’s place of business. After the department has made available an electronic method for locating approved redemption centers pursuant to paragraph “c”, a dealer may direct consumers to such electronic method instead of providing the location of the nearest approved redemption center on the notice.

c. The department shall make available to the public an electronic method of locating approved redemption centers.

d. A dealer who provides space for a mobile redemption system pursuant to paragraph “a”, subparagraph (2), shall not be considered to be in violation of any county or city ordinance that would otherwise limit the ability of the dealer to provide such space as long as the mobile redemption system operates in a location that is not zoned primarily for residential purposes.

3. A dealer or a distributor may refuse to accept and to pay the refund value of an empty wine or alcoholic liquor container which is marked to indicate that it was sold by a state liquor store. The alcoholic beverages division shall not reimburse a dealer or a distributor the refund value on an empty wine or alcoholic liquor container which is marked to indicate that the container was sold by a state liquor store.

7. Section 455C.5, subsection 1, Code 2022, is amended to read as follows:

1. Each beverage container sold or offered for sale in this state by a dealer shall clearly indicate the refund value of the container by embossing or by a stamp, label, or other method securely affixed to the container, the refund value of the container. The department shall specify, by rule, the minimum size of the refund value indication on the beverage containers and require registration of the universal product code for each beverage container in a format determined by the department.

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8. Section 455C.6, subsections 1, 2, and 5, Code 2022, are amended to read as follows:

1. To facilitate the return of empty beverage containers and to serve dealers of beverages, any person may establish a redemption center, subject to the approval of the department, at which consumers may return empty beverage containers and receive payment of the refund value of such beverage containers.

1.

2. An application for approval of a A person operating a redemption center shall file written notice of the operation of the redemption center shall be filed with the department. The application notice shall state the name and address of the person responsible for the establishment and operation of the redemption center, the kind and brand names of the beverage containers which will be accepted at the redemption center, and the names and addresses of the dealers to be served by the redemption center. The application notice shall contain such other information as the director may reasonably require.

a. Each beverage container sold or offered for sale in this state by a dealer shall clearly indicate the refund value of the container by embossing or by a stamp, label, or other method securely affixed to the container, the refund value of the container. The department shall specify, by rule, the minimum size of the refund value indication on the beverage containers.

5. All approved redemption centers shall meet applicable health standards.

b. The department of revenue shall require the registration of the universal product code for each beverage container using a method of registration determined by the department of revenue.

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8. Section 455C.6, subsection 1, Code 2022, is amended to read as follows:

9. Section 455C.6, subsections 3 and 4, Code 2022, are amended by striking the subsections.

1. To facilitate the return of empty beverage containers and to serve dealers of beverages, any person may establish a redemption center, subject to the approval of the department, at which consumers may return empty beverage containers and receive payment of the refund value of such beverage containers. A participating dealer may act as a redemption center for purposes of this chapter.

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10. 9. Section 455C.12, subsections 2 and 3, Code 2022, are amended to read as follows:

2. A distributor who collects or attempts to collect a refund value on an empty beverage container when the distributor has paid the refund value on the container to a participating dealer, redemption center, or consumer is guilty of a fraudulent practice.

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11. 10. Section 455C.12, Code 2022, is amended by adding the following new subsection: subsections:

NEW SUBSECTION.

6. A person who knowingly attempts to redeem a beverage container that is not properly marked as required by section 455C.5, subsection 1, shall be subject to a civil penalty not to exceed ten dollars per improperly marked beverage container, but not to exceed five thousand dollars total per attempted transaction.

NEW SUBSECTION.

6. A 7. Except as provided in subsection 6, a person who violates any provision of this chapter shall be subject to a civil penalty of two thousand dollars per violation, which shall be assessed and collected in the same manner as provided in section 455B.109. Any civil penalty collected under this chapter shall be deposited in the general bottle bill fund of the state. established in section 455C.12D.

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12.

11.

NEW SECTION. 455C.12A Administrative enforcement —— compliance orders. The director may issue any order necessary to secure compliance with or prevent a violation of the provisions of this chapter or any rule adopted or permit or order issued pursuant to this chapter. The person to whom such compliance order is issued may cause to be commenced a contested case within the meaning of chapter 17A by filing within thirty days a notice of appeal to the commission. On appeal, the commission may affirm, modify, or vacate the order of the director.

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13.

12.

NEW SECTION. 455C.12B Judicial review. Judicial review of any order or other action of the commission or director may be sought in accordance with the terms of chapter 17A. Notwithstanding the terms of chapter 17A, petitions for judicial review may be filed in the district court of the county in which the alleged offense was committed.

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14.

13.

NEW SECTION. 455C.12C Civil actions for compliance —— penalties.

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14.

NEW SECTION. 455C.12D Bottle bill fund. A bottle bill fund is established in the state treasury under the control of the department. The fund shall consist of moneys deposited in the fund pursuant to section 455C.12, subsection 7, and any other moneys appropriated to or deposited in the fund. Moneys in the fund are appropriated to the department for purposes of administering and enforcing this chapter, including reimbursing the attorney general for costs incurred by the attorney general in enforcing this chapter. Notwithstanding section 8.33, moneys in the fund that remain unencumbered or unobligated at the close of a fiscal year shall not revert but shall remain available for expenditure for the purposes designated. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the fund shall be credited to the fund.

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15. Section 455C.13, Code 2022, is amended to read as follows: 455C.13 Distributors’ Collection and disposal agreements authorized.

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17.

17. REPEAL. Sections 455C.7, 455C.10, and 455C.14, Code 2022, are repealed.

NEW SECTION. 455C.18 Unclaimed refund value and handling fees. Any amount of refund value or handling fees possessed by a distributor after the distributor has made payments required pursuant to this chapter shall be considered the property of the distributor.

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18. LEGISLATIVE FISCAL COMMITTEE REVIEW.

1. The legislative fiscal committee established in section 2.45 shall hold a meeting during the legislative interim immediately preceding the 2026 regular legislative session. During the meeting, the committee shall review the enforcement of chapter 455C by the department of natural resources, including the collection of civil penalties, the report submitted by the attorney general pursuant to subsection 2, whether and how many redemption centers have been approved by the department, the adequacy of the reimbursement amount under section 455C.2, and any other information the committee deems important. The committee shall submit a report of its findings and recommendations to the general assembly no later than January 31, 2026.

2. The attorney general shall submit a report to the general assembly prior to the legislative fiscal committee’s meeting under subsection 1. The report shall detail any legal proceedings arising under chapter 455C since January 1, 2023.

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19. REFUSAL TO ACCEPT BEVERAGE CONTAINERS.

1. A dealer may refuse to accept beverage containers before January 1, 2023, if any of the following apply:

a. The dealer has entered an agreement with an approved redemption center for the operation of a mobile redemption system and all of the following apply:

(1) The dealer provides adequate space, utilities, and internet connection to operate the mobile redemption system.

(2) The agreement does not require additional payment to the dealer or the mobile redemption system.

b. The dealer’s place of business is in a county with a population of more than thirty thousand and within ten miles of an approved redemption center or if the dealer’s place of business is in a county with a population of thirty thousand or fewer and within fifteen miles of an approved redemption center.

2. A dealer who refuses to accept beverage containers pursuant to this section shall conspicuously display on the front door of the dealer’s place of business a notice that the dealer does not accept empty beverage containers. The notice shall also provide the location of the nearest approved redemption center to the dealer’s place of business.

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20. EFFECTIVE DATE.

1. Except as provided in subsections 2 or 3, this Act takes effect January 1, 2023.

18. EFFECTIVE DATE. 2. The section of this Act amending section 123.136 455C.5, subsection 1, takes effect July 1, November 15, 2023.

3. The section of this Act allowing a dealer to refuse to accept beverage containers before January 1, 2023, being deemed of immediate importance, takes effect upon enactment.