September 11, 2008, Introduced by Reps. Bieda and Warren and referred to the Committee on Great Lakes and Environment.
A bill to amend 1976 IL 1, 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:
Sec.
2. (1) A dealer within this state shall not sell, offer
for sale, or give to a consumer a nonreturnable container or a
beverage in a nonreturnable container in this state.
(2)
A Subject to subsection
(3), a dealer who that regularly
sells beverages for consumption off the dealer's premises shall
provide on the premises, or within 100 yards of the premises on
which the dealer sells or offers for sale a beverage in a
returnable
container, a convenient means whereby the where
containers of any kind, size, and brand sold or offered for sale by
the dealer may be returned by, and the deposit refunded in cash to,
a person, whether or not the person is the original customer of
that
dealer , and
whether or not the container was sold by that
dealer.
(3) Regional centers for the redemption of returnable
containers may be established, in addition to but not as
substitutes for, the means established for refunds of deposits
prescribed in subsection (2).
(4)
Except Subject to
subsection (12), and except as provided
in subsections (5) and (7), a dealer shall accept from a person an
empty returnable container of any kind, size, and brand sold or
offered for sale by that dealer and pay to that person its full
refund value in cash. However, a dealer may accept, but is not
required to accept, empty returnable containers from a person for a
refund that exceeds the following amounts on any given day:
(a) Except for a dealer described in subdivision (b), $5.00.
(b) If a dealer utilizes 1 or more reverse vending machines to
redeem beverage containers, $25.00. As used in this subdivision,
"reverse vending machine" means a device designed to properly
identify an empty returnable container and provide a means for a
deposit refund.
(5)
A dealer who that does not require a deposit on a
returnable container when the contents are consumed in the dealer's
sale or consumption area is not required to pay a refund for
accepting that empty container.
(6)
Except Subject to
subsection (12), and except as provided
in subsection (7), a distributor shall accept from a dealer an
empty returnable container of any kind, size, and brand sold or
offered for sale by that distributor and pay to the dealer its full
refund value in cash.
(7)
Each Subject to subsection
(12), each beverage container
sold
or offered for sale in this state by a dealer within this
state
shall clearly indicate, by
embossing or by a stamp, a label,
or other method securely affixed to the beverage container, the
refund value of the container and the name of this state. A dealer
or distributor may, but is not required to, refuse to accept from a
person
an empty returnable container which that does not state on
the container the refund value of the container and the name of
this state. This subsection does not apply to a refillable
container
having a that has refund value of not less than 10 cents,
having
has a brand name permanently marked on it, and having
has a
securely affixed method of indicating that it is a returnable
container.
(8)
A dealer within this state shall not sell, offer for sale,
or
give to consumers a
consumer a metal beverage container ,
any
part
of which in this state if any
part of the container becomes
detached when opened.
(9) A person, dealer, distributor, or manufacturer shall not
return an empty container to a dealer for a refund of the deposit
if a dealer has already refunded the deposit on that returnable
container. This subsection does not prohibit a dealer from
refunding the deposit on an empty returnable container each time
the returnable container is sanitized by the manufacturer and
reused as a beverage container.
(10)
A dealer may accept, but is not required to accept, from
a
person, empty returnable containers for a refund in excess of
$25.00
on any given day.
(10) (11)
A manufacturer licensed by the
commission shall not
require a distributor licensed by the commission to pay a deposit
to the manufacturer on a nonrefillable container. However, a
manufacturer licensed by the commission and a distributor licensed
by the commission may enter into an agreement providing that either
or both may originate a deposit or any portion of a deposit on a
nonrefillable container if the agreement is entered into freely and
without coercion.
(11) (12)
A manufacturer shall refund the
deposit paid on any
container returned by a distributor for which a deposit has been
paid by a distributor to the manufacturer.
(12) (13)
Subsections (4), (6), and (7) apply
only to a
returnable container that was originally sold in this state as a
filled returnable container.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 94th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 6441(request no.
06616'08).
(b) Senate Bill No.____ or House Bill No. 6442(request no.
07087'08).