Iowa Admin. Code r. 567-107.3

Current through Register Vol. 47, No. 8, October 30, 2024

Rule 567-107.3 - Labeling requirements

(1) All beer, wine, alcoholic liquor, mineral water, soda water and similar carbonated soft drink containers (other than exempt containers) sold or offered for sale in Iowa by a dealer shall have the words "Iowa Refund 5¢" or "IA 5¢" clearly, indelibly and legibly indicated on the container. Any abbreviation of the words "Iowa Refund" other than as provided in this subrule shall be submitted to and approved by the department.

(2) The minimum size of the words "Iowa Refund 5¢" or "IA 5¢" and all approved abbreviations shall be a minimum of 9-point type (approximately .125 inch or 3 millimeters) if the words are embossed or incised and 18-point type (approximately .25 inch or 6 millimeters) if the words are otherwise affixed to the container. A stamp or label may have the words "Iowa Refund 5¢" or "IA 5¢" in less than 18-point type if the label is submitted to the department and the department determines that the high-contrasting color or the characteristics of the stamp or label make the stamp or label as easy to discern as a stamp or label with 18-point type.

(3) The words "Iowa Refund 5¢" or "IA 5¢" shall be indicated by embossing (raised letters), by incising, by printing in high-contrasting color, by a stamp or label of high-contrasting color, or other method approved by the department securely and permanently affixed to the container.

(4) Reserved.

(5) The words "Iowa Refund 5¢" or "IA 5¢" shall be on the top or on the cylindrical portion of a metal beverage container. The words "Iowa Refund 5¢" or "IA 5¢" shall be on the conical portion of a glass or plastic beverage container so that the words are visible from above or shall be on the product label. The placement of refund information solely on the bottom of the beverage container is prohibited.

(6) An example of the label or labeled container may, but need not, be submitted to the department for informal approval.

(7) An application for exemption from the requirement of having the words "Iowa Refund 5¢" or "IA 5¢" indicated on the container shall be submitted to the department and shall contain:

a. The name, address and telephone number of the applicant;

b. The refund value of the container; and

c. A statement of why the container can be readily and permanently identified by consumers as subject to a deposit.

(8) An example of the container for which the exemption is being requested shall be sent to the department along with the application required in subrule 107.3(7). The example may consist of photographic images or empty containers. Examples submitted to the department shall not contain any liquid.

(9) The department may exempt the container if the department determines that the container is subject to a deposit of 5 or more cents and that consumers can readily and permanently identify the container as one subject to a deposit.

(10) Automatic exemption. Beverage containers sold in Iowa containing alcoholic liquor as defined in Iowa Code section 123.3(5) where the total capacity of the container is not more than 50 milliliters are automatically exempted from the labeling requirement of rule 567-107.3 (455C). However, such beverage containers remain subject to the remainder of this chapter.

Iowa Admin. Code r. 567-107.3

Amended by IAB January 11, 2023/Volume XLV, Number 14, effective 12/16/2022