February 18, 2003, Introduced by Senators LELAND, SWITALSKI, BRATER, JACOBS and PATTERSON and referred to the Committee on Natural Resources and Environmental Affairs.
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 1 (MCL 445.571), as amended by 1989 PA 93.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1. As used in this act:
2 (a) "Beverage" means a soft drink, soda water, carbonated
3 natural or mineral water, or other nonalcoholic carbonated drink;
4 fruit juice or a noncarbonated, nonalcoholic drink that contains
5 fruit juice; beer, ale, or other malt drink of whatever alcoholic
6 content; or a mixed wine drink or a mixed spirit drink.
7 (b) "Beverage
container" means an 1 of the following:
8 (i) An airtight metal, glass, paper, or plastic container, or
1 a container composed of a combination of these materials,
2 which, that at the time of sale , contains 1
gallon or less
3 of a beverage other than fruit juice or a noncarbonated,
4 nonalcoholic drink that contains fruit juice.
5 (ii) An airtight metal, glass, or plastic container that at
6 the time of sale contains 1 gallon or less of fruit juice or a
7 noncarbonated, nonalcoholic drink that contains fruit juice other
8 than a container composed in whole or in part of aluminum and
9 plastic or aluminum and paper in combination if the aluminum
10 content represents 10% or less of the unfilled container weight
11 and the unfilled container weight is 5% or less of the filled
12 container weight.
13 (c) "Empty returnable container" means a beverage container
14 which that contains nothing except the residue of
its original
15 contents.
16 (d) "Returnable container" means a beverage container upon
17 which a deposit of at
least not less than 10 cents has been
18 paid, or is required to be paid upon the removal of the beverage
19 container from the sale or consumption area, and for which a
20 refund of at least not
less than 10 cents in cash is payable by
21 every dealer or distributor in this state of that beverage in
22 beverage containers, as further provided in section 2.
23 (e) "Nonreturnable container" means a beverage container upon
24 which no deposit or a deposit of less than 10 cents has been
25 paid, or is required to be paid, upon the removal of the beverage
26 container from the sale or consumption area, or for which no cash
27 refund or a refund of less than 10 cents is payable by a dealer
1 or distributor in this state of that beverage in beverage
2 containers, as further provided in section 2.
3 (f) "Person" means an individual, partnership, corporation,
4 limited liability company, association, or other legal entity.
5 (g)
"Dealer" means a person who that sells or offers for
6 sale to consumers within this state a beverage in a beverage
7 container, including an operator of a vending machine containing
8 a beverage in a beverage container.
9 (h) "Operator of
a vending machine" means equally its the
10 owner of a vending machine, the person who refills it, and the
11 owner or lessee of the property upon which it is located.
12 (i) "Distributor" means a person who sells beverages in
13 beverage containers to a dealer within this state, and includes a
14 manufacturer who engages in such sales.
15 (j) "Manufacturer" means a person who bottles, cans, or
16 otherwise places beverages in beverage containers for sale to
17 distributors, dealers, or consumers.
18 (k) "Within this state" means within the exterior limits of
19 the state of Michigan, and includes the territory within these
20 limits owned by or ceded to the United States of America.
21 (l) "Commission" means the Michigan
liquor control
22 commission created in section 209 of the Michigan liquor control
23 code of 1998, 1998 PA 58, MCL 436.1209.
24 (m) "Sale or
consumption area" means the premises within on
25 the property of the dealer or of the dealer's lessor where the
26 sale is made, within
which where beverages in returnable
27 containers may be consumed without payment of a deposit, and,
1 upon removing a beverage container from which, where the
2 customer consumer is required by the dealer to pay the
3 deposit.
4 (n) "Nonrefillable container" means a returnable container
5 which that is not intended to be refilled for sale
by a
6 manufacturer.
7 (o) "Mixed wine drink" means a drink or similar product
8 marketed as a wine cooler and containing less than 7% alcohol by
9 volume, consisting of wine and plain, sparkling, or carbonated
10 water and containing any 1 or more of the following:
11 (i) Nonalcoholic beverages.
12 (ii) Flavoring.
13 (iii) Coloring materials.
14 (iv) Fruit juices.
15 (v) Fruit adjuncts.
16 (vi) Sugar.
17 (vii) Carbon dioxide.
18 (viii) Preservatives.
19 (p) "Mixed spirit drink" means a drink containing 10% or less
20 alcohol by volume consisting of distilled spirits mixed with
21 nonalcoholic beverages or flavoring or coloring materials and
22 which that may also contain water, fruit juices,
fruit
23 adjuncts, sugar, carbon
dioxide, or preservatives; or any a
24 spirits based beverage, regardless of the percent of alcohol by
25 volume, that is manufactured for sale in a metal beverage
26 container.
27 Enacting section 1. This amendatory act takes effect
1 January 1, 2005.