February 2, 2012, Introduced by Reps. McMillin, Horn, Huuki, Lund, Agema, Franz, Moss, Daley, Goike, Lyons, Haveman, Somerville, McBroom, Hooker, O'Brien and Rogers and referred to the Committee on Commerce.
A bill to provide for the labeling of certain asthma inhalers
as made in Michigan.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Asthma inhaler" means a nonprescription asthma inhaler
that contains epinephrine as an active ingredient and that may
contain chlorofluorocarbons as a propellant.
(b) "Generic or insignificant parts" means parts that are
minor components or have manufacturing or consumer product
applications other than the production of asthma inhalers and
includes, but is not limited to, steel and plastic.
(c) "Manufactured" means created from basic materials for
functional usefulness, including, but not limited to, forging,
casting, machining, or other processes for working materials.
Sec. 2. The legislature finds all of the following:
(a) An asthma inhaler that is manufactured in this state
without the inclusion of parts, other than generic or insignificant
parts, imported from outside of this state and that remains within
this state has not entered into interstate commerce and is not
subject to congressional authority to regulate interstate commerce.
(b) Basic materials, such as unmachined and unshaped steel and
plastic, are not asthma inhalers and are not subject to
congressional authority to regulate asthma inhalers in interstate
commerce as if the basic materials were actually asthma inhalers.
(c) Congressional authority to regulate interstate commerce in
basic materials does not include authority to regulate asthma
inhalers manufactured in this state from those basic materials.
Sec. 3. An asthma inhaler manufactured in this state without
the inclusion of parts, other than generic or insignificant parts,
imported from outside of this state, may have the words "made in
Michigan" clearly stamped, engraved, or otherwise clearly indicated
on a central part as evidence that, if the asthma inhaler remains
in this state, it has not entered or substantially affected
interstate commerce.