Read the full stored bill text
House
File
679
-
Introduced
HOUSE
FILE
679
BY
CROKEN
A
BILL
FOR
An
Act
relating
to
county
and
city
authorization
to
impose
fees
1
for
the
provision
of
single-use
plastic
bags.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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679
Section
1.
Section
331.301,
subsection
6,
paragraph
1
c,
subparagraph
(1),
subparagraph
division
(b),
unnumbered
2
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
3
“Container”
means
a
bag,
other
than
a
single-use
plastic
bag,
4
cup,
package,
container,
bottle,
or
other
packaging
that
is
all
5
of
the
following:
6
Sec.
2.
Section
331.301,
subsection
6,
paragraph
c,
7
subparagraph
(1),
Code
2025,
is
amended
by
adding
the
following
8
new
subparagraph
division:
9
NEW
SUBPARAGRAPH
DIVISION
.
(c)
“Single-use
plastic
bag”
10
means
a
bag
made
of
plastic
that
is
provided
by
a
retailer
to
11
a
consumer
at
the
point
of
sale
and
that
is
not
a
reusable
12
grocery
bag.
A
single-use
plastic
bag
does
not
include
any
of
13
the
following:
14
(i)
A
bag
provided
by
a
pharmacy
to
a
customer
purchasing
a
15
prescription
medication.
16
(ii)
A
bag
without
handles
used
to
protect
a
purchased
17
item
from
damaging
or
contaminating
other
purchased
items
when
18
placed
in
another
bag.
19
(iii)
A
bag
provided
to
contain
an
unwrapped
food
item.
20
Sec.
3.
Section
331.301,
subsection
6,
paragraph
c,
Code
21
2025,
is
amended
by
adding
the
following
new
subparagraph:
22
NEW
SUBPARAGRAPH
.
(4)
This
paragraph
“c”
does
not
prohibit
23
a
county
from
adopting
or
enforcing
an
ordinance,
motion,
24
resolution,
or
amendment
that
sets
a
fee
for
providing
a
25
single-use
plastic
bag
with
a
sale
or
lease
of
consumer
26
merchandise.
27
Sec.
4.
Section
364.3,
subsection
3,
paragraph
c,
28
subparagraph
(1),
subparagraph
division
(b),
unnumbered
29
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
30
“Container”
means
a
bag,
other
than
a
single-use
plastic
bag,
31
cup,
package,
container,
bottle,
or
other
packaging
that
is
all
32
of
the
following:
33
Sec.
5.
Section
364.3,
subsection
3,
paragraph
c,
34
subparagraph
(1),
Code
2025,
is
amended
by
adding
the
following
35
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679
new
subparagraph
division:
1
NEW
SUBPARAGRAPH
DIVISION
.
(c)
“Single-use
plastic
bag”
2
means
a
bag
made
of
plastic
that
is
provided
by
a
retailer
to
3
a
consumer
at
the
point
of
sale
and
that
is
not
a
reusable
4
grocery
bag.
A
single-use
plastic
bag
does
not
include
any
of
5
the
following:
6
(i)
A
bag
provided
by
a
pharmacy
to
a
customer
purchasing
a
7
prescription
medication.
8
(ii)
A
bag
without
handles
used
to
protect
a
purchased
9
item
from
damaging
or
contaminating
other
purchased
items
when
10
placed
in
another
bag.
11
(iii)
A
bag
provided
to
contain
an
unwrapped
food
item.
12
Sec.
6.
Section
364.3,
subsection
3,
paragraph
c,
Code
2025,
13
is
amended
by
adding
the
following
new
subparagraph:
14
NEW
SUBPARAGRAPH
.
(4)
This
paragraph
“c”
does
not
15
prohibit
a
city
from
adopting
or
enforcing
an
ordinance,
16
motion,
resolution,
or
amendment
that
sets
a
fee
for
providing
17
a
single-use
plastic
bag
with
a
sale
or
lease
of
consumer
18
merchandise.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
the
regulation
of
single-use
plastic
23
bags
by
counties
and
cities.
24
Current
law
prohibits
a
county
or
city
from
adopting
or
25
enforcing
an
ordinance,
motion,
resolution,
or
amendment
that
26
sets
standards
or
requirements
regarding
the
sale
or
marketing
27
of
consumer
merchandise
that
are
different
from,
or
in
addition
28
to,
any
state
law.
The
definition
of
“consumer
merchandise”
29
includes
any
container
used
for
consuming,
carrying,
or
30
transporting
such
merchandise.
The
definition
of
“container”
31
includes
a
bag,
cup,
package,
container,
bottle,
or
other
32
package,
all
of
which
are
subject
to
specified
conditions.
33
The
bill
excludes
single-use
plastic
bags
from
the
34
definition
of
“container”,
and
therefore
single-use
plastic
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bags
are
not
considered
consumer
merchandise.
The
bill
1
defines
“single-use
plastic
bag”
to
mean
a
bag
made
of
plastic
2
that
is
provided
by
a
retailer
to
a
consumer
at
the
point
3
of
sale
and
that
is
not
a
reusable
grocery
bag,
but
with
4
certain
exceptions.
The
bill
provides
that
the
prohibition
5
preventing
counties
and
cities
from
adopting
or
enforcing
an
6
ordinance,
motion,
resolution,
or
amendment
that
sets
standards
7
or
requirements
regarding
the
sale
or
marketing
of
consumer
8
merchandise
that
are
different
from,
or
in
addition
to,
any
9
state
law
does
not
prevent
a
county
or
city
from
adopting
or
10
enforcing
an
ordinance,
motion,
resolution,
or
amendment
that
11
sets
a
fee
for
providing
a
single-use
plastic
bag
with
a
sale
12
or
lease
of
consumer
merchandise.
13
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