Iowa Code 455C.12 – Penalties
Current as of: 2023 | Check for updates
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1. Any person violating the provisions of section 455C.2, 455C.3, or 455C.5, or a rule adopted under this chapter, shall be guilty of a simple misdemeanor.
Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Simple misdemeanor | up to 30 days | between $105 and $855 |
Terms Used In Iowa Code 455C.12
- Beverage: means wine as defined in section 123. See Iowa Code 455C.1
- Beverage container: means any sealed glass, plastic, or metal bottle, can, jar, or carton containing a beverage. See Iowa Code 455C.1
- Consumer: means any person who purchases a beverage in a beverage container for use or consumption. See Iowa Code 455C.1
- Dealer: means any person who engages in the sale of beverages in beverage containers to a consumer. See Iowa Code 455C.1
- Distributor: means any person who engages in the sale of beverages in beverage containers to a dealer in this state, including any manufacturer who engages in such sales. See Iowa Code 455C.1
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Manufacturer: means any person who bottles, cans, or otherwise fills beverage containers for sale to distributors or dealers. See Iowa Code 455C.1
- Participating dealer: means a dealer who accepts the return of empty beverage containers from a consumer. See Iowa Code 455C.1
- Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
- Redemption center: means a facility at which consumers may return empty beverage containers and receive payment for the refund value of the empty beverage containers. See Iowa Code 455C.1
- Rule: includes "regulation". See Iowa Code 4.1
- Use: means to operate, navigate, or employ a vessel. See Iowa Code 462A.2
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.
3. Any person who does any of the following acts is guilty of a fraudulent practice:
a. Collects or attempts to collect the refund value on the container a second time, with the knowledge that the refund value has once been paid by the distributor to a participating dealer, redemption center, or consumer.
b. Manufactures, sells, possesses, or applies a false or counterfeit label or indication that shows or purports to show a refund value for a beverage container, with intent to use the false or counterfeit label or indication.
c. Collects or attempts to collect a refund value on a container with the use of a false or counterfeit label or indication showing a refund value, knowing the label or indication to be false or counterfeit.
4. As used in this section, a false or counterfeit label or indication means a label or indication purporting to show a valid refund value which has not been initially applied as authorized by a distributor.
5. Subsection 2 and subsection 3, paragraph “a”, of this section have no application to empty beverage containers which are intended to be refillable and are in a standard of condition except for sanitization to be refillable by the manufacturer.
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.
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 bottle bill fund established in section 455C.12D.