Iowa Code 455C.3 – Payment of refund value
Current as of: 2023 | Check for updates
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Except as provided in section 455C.4:
1. A participating dealer shall not refuse to accept from a consumer any empty beverage container of the kind, size, and brand sold by the participating dealer, or refuse to pay to the consumer the refund value of a beverage container as provided under section 455C.2.
Terms Used In Iowa Code 455C.3
- 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
- Dealer agent: means a person who solicits or picks up empty beverage containers for the purpose of returning the empty beverage containers to a distributor or manufacturer. See Iowa Code 455C.1
- Department: means the department of natural resources created under section 455A. 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
- Geographic territory: means the geographical area within a perimeter formed by the outermost boundaries served by a distributor. See Iowa Code 455C.1
- Manufacturer: means any person who bottles, cans, or otherwise fills beverage containers for sale to distributors or dealers. See Iowa Code 455C.1
- Nonrefillable beverage container: means a beverage container not intended to be refilled for sale by a manufacturer. 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
- 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
- week: means seven consecutive days. See Iowa Code 4.1
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 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 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 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.
3. A distributor shall not be required to pay to a manufacturer a deposit or refund value on a nonrefillable beverage container.
4. A distributor shall accept from a dealer agent any empty beverage container of the kind, size, and brand sold by the distributor and that was picked up by the dealer agent 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.
5. The alcoholic beverages division of the department of commerce shall provide for the disposal of empty beverage containers as required under subsection 2. The division shall give priority consideration to the recycling of the empty beverage containers to the extent possible, before any other appropriate disposal method is considered or implemented.