Penalties.

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. 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 . [C79, 81, §455C.12 ] 2013 Acts, ch 12, §11 ; 2022 Acts, ch 1139, §9, 10, 20 Referred to in §455C.12D Fraudulent practices, see §714.8 – 714.14