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

Terms Used In Iowa Code 455C.4

  • 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
  • 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
  • Internet: means the federated international system that is composed of allied electronic communication networks linked by telecommunication channels, that uses standardized protocols, and that facilitates electronic communication services, including but not limited to use of the world wide web; the transmission of electronic mail or messages; the transfer of files and data or other electronic information; and the transmission of voice, image, and video. 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
  • 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. See Iowa Code 455C.1
  • Operate: means to navigate or otherwise use a vessel or motorboat. See Iowa Code 462A.2
  • 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
  • United States: includes all the states. See Iowa Code 4.1
 2. a. A dealer may refuse to accept and to pay the refund value of any empty beverage container if any of the 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 class “E” retail alcohol licensee may refuse to accept and to pay the refund value on an empty alcoholic liquor container from a participating dealer or a redemption center or from a person acting on behalf of or who has received empty alcoholic liquor containers from a participating dealer or a redemption center.
 4. A manufacturer or distributor may refuse to accept and to pay the refund value and reimbursement as provided in section 455C.2 on any empty beverage container that was picked up by a dealer agent outside the geographic territory served by the manufacturer or distributor.
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