UNACCEPTABLE BEVERAGE CONTAINERS - S.B. 859: COMMITTEE SUMMARY

sans-serif">Senate Bill 859 (as introduced 12-2-03)

Sponsor: Senator Dennis Olshove

Committee: Natural Resources and Environmental Affairs


Date Completed: 12-2-03


CONTENT


The bill would amend the Natural Resources and Environmental Protection Act to expand the conditions under which a beverage dealer or distributer may refuse to refund a deposit on a returnable container.


Under the act, a dealer or distributor who regularly sells beverages for off-premises consumption must refund a consumer’s deposit on a beverage container, if the dealer sells that kind, size, and brand of beverage. A dealer or distributer may refuse to accept a returnable container that does not state its refund value and the name of this State (unless a container has a refund value of less than 10 cents, has a brand name permanently marked on it, and has a securely affixed method of indicating that it is a returnable container).


The bill would retain these provisions, and allow a dealer or distributer to refuse to accept a returnable container if any of the following applied:

 

--    The container contained residue of any substance other than the original contents of the container.

--    The container was crushed or mutilated to the extent that the bar code was not legible.

--    The container presented an unacceptable health risk to a dealer or distributor, or any customer or employee of the dealer or distributer.


MCL 445.572 - Legislative Analyst: Claire Layman


FISCAL IMPACT


The State would realize slightly more revenue as a result of this bill. The bill would create additional reasons a retailer could refuse to accept a returnable container and return the deposit. This would result in somewhat more revenue in the Bottle Deposit Fund as a result of more unclaimed deposits. Deposits paid on returnable containers are placed in the Bottle Deposit Fund. The Fund received $32.1 million in FY 2001-02 and the money was distributed for payments to retailers, pollution prevention grants, and environmental cleanup projects.


 - Fiscal Analyst: Jessica RunnelsS0304\s859sa

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.