May 28, 2003, Introduced by Rep. Rivet and referred to the Committee on Commerce.
A bill to amend the Initiated Law of 1976, entitled
"A petition to initiate legislation to provide for the use of
returnable containers for soft drinks, soda water, carbonated
natural or mineral water, other nonalcoholic carbonated drink,
and for beer, ale, or other malt drink of whatever alcoholic
content, and for certain other beverage containers; to provide
for the use of unredeemed bottle deposits; to prescribe the
powers and duties of certain state agencies and officials; and to
prescribe penalties and provide remedies,"
by amending section 2 (MCL 445.572), as amended by 1998 PA 473.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 2. (1) A dealer within this state shall not sell,
2 offer for sale, or give to a consumer a nonreturnable container
3 or a beverage in a nonreturnable container.
4 (2) A dealer who regularly sells beverages for consumption
5 off the dealer's premises shall provide on the premises, or
6 within 100 yards of the premises on which the dealer sells or
7 offers for sale a beverage in a returnable container, a
8 convenient means
whereby the and conspicuous return area where
1 containers of any kind, size, and brand sold or offered for sale
2 by the dealer may be returned by, and the deposit refunded in
3 cash to, a person whether or not the person is the original
4 customer of that dealer, and whether or not the container was
5 sold by that dealer. The dealer shall post a clearly visible
6 sign at each customer entrance indicating the location of the
7 return area.
8 (3) Regional centers for the redemption of returnable
9 containers may be established, in addition to but not as
10 substitutes for, the means
established for refunds of deposits
11 prescribed return areas described in subsection (2).
12 (4) Except as provided in subsections (5) and (7), a dealer
13 shall accept from a person an empty returnable container of any
14 kind, size, and brand sold or offered for sale by that dealer and
15 pay to that person its full refund value in cash.
16 (5) A dealer who does not require a deposit on a returnable
17 container when the contents are consumed in the dealer's sale or
18 consumption area is not required to pay a refund for accepting
19 that empty container.
20 (6) Except as provided in subsection (7), a distributor shall
21 accept from a dealer an empty returnable container of any kind,
22 size, and brand sold or offered for sale by that distributor and
23 pay to the dealer its full refund value in cash.
24 (7) Each beverage container sold or offered for sale by a
25 dealer within this state shall clearly indicate by embossing or
26 by a stamp, a label, or other method securely affixed to the
27 beverage container, the refund value of the container and the
1 name of this state. A dealer or distributor may, but is not
2 required to, refuse to accept from a person an empty returnable
3 container which does not state on the container the refund value
4 of the container and the name of this state. This subsection
5 does not apply to a refillable container having a refund value of
6 not less than 10 cents, having a brand name permanently marked on
7 it, and having a securely affixed method of indicating that it is
8 a returnable container.
9 (8) A dealer within this state shall not sell, offer for
10 sale, or give to consumers a metal beverage container, any part
11 of which becomes detached when opened.
12 (9) A person, dealer, distributor, or manufacturer shall not
13 return an empty container to a dealer for a refund of the deposit
14 if a dealer has already refunded the deposit on that returnable
15 container. This subsection does not prohibit a dealer from
16 refunding the deposit on an empty returnable container each time
17 the returnable container is sanitized by the manufacturer and
18 reused as a beverage container.
19 (10) A dealer may accept, but is not required to accept, from
20 a person, empty returnable containers for a refund in excess of
21 $25.00 on any given day.
22 (11) A manufacturer licensed by the commission shall not
23 require a distributor licensed by the commission to pay a deposit
24 to the manufacturer on a nonrefillable container. However, a
25 manufacturer licensed by the commission and a distributor
26 licensed by the commission may enter into an agreement providing
27 that either or both may originate a deposit or any portion of a
1 deposit on a nonrefillable container if the agreement is entered
2 into freely and without coercion.
3 (12) A manufacturer shall refund the deposit paid on any
4 container returned by a distributor for which a deposit has been
5 paid by a distributor to the manufacturer.
6 (13) Subsections (4), (6), and (7) apply only to a returnable
7 container that was originally sold in this state as a filled
8 returnable container.