HOUSE BILL No. 5860

 

March 4, 2008, Introduced by Reps. Bauer, Valentine, Alma Smith, Meadows, Kathleen Law and Warren and referred to the Committee on Great Lakes and Environment.

 

     A bill to amend 2000 PA 92, entitled

 

"Food law of 2000,"

 

by amending section 4115 (MCL 289.4115).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4115. (1) A water bottler or water dispensing machine

 

owner shall register with the department each brand of bottled

 

water with a unique declaration of identity before the sale or

 

offering for sale of the water. The application for registration

 

shall be made on a form prescribed by the department and shall

 

include both of the following:

 

     (a) The proposed label or placard for the water.

 

     (b) For each year or portion of a year, a registration fee of

 

$25.00 for each brand of water with a unique declaration of

 

identity and $25.00 for each water dispensing machine.


 

     (2) The registration required by subsection (1) expires

 

annually on April 30 and shall be renewed 30 calendar days before

 

expiration of the current registration.

 

     (3) The department shall assess a late fee of $25.00 for

 

bottled water or water from a water dispensing machine that is sold

 

or offered for sale without registration. A registration is not

 

effective until the late fee is paid.

 

     (4) A water bottler in this state shall annually report to the

 

department in a form and manner required by the department, for

 

each water source the water bottler utilizes for producing bottled

 

water, the total amount of water withdrawn during the preceding

 

year and the amount of that water that is bottled. A water bottler

 

who reports the amount of water withdrawn and the amount of that

 

water that is a consumptive use to the department of environmental

 

quality under section 32707 of the natural resources and

 

environmental protection act, 1994 PA 451, MCL 324.32707, or under

 

the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023,

 

is not required to report under this section. However, the

 

department of environmental quality shall annually forward this

 

information to the department.

 

     (5) The department shall create and maintain a database of

 

information received under subsection (4) related to both of the

 

following:

 

     (a) The annual amount of water that is withdrawn from each

 

water source for the production of bottled water.

 

     (b) The amount of water from each water source that is bottled

 

or, if applicable, is a consumptive use.


 

     (6) As used in this section, "consumptive use" means that term

 

as it is defined in section 32701 of the natural resources and

 

environmental protection act, 1994 PA 451, MCL 324.32701.