December 2, 2003, Introduced by Senator OLSHOVE 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 2 (MCL 445.572), as amended by 1998 PA 473.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 2. (1) A dealer within this state shall not sell,
2 offer for sale, or give to a consumer a nonreturnable container
3 or a beverage in a nonreturnable container.
4 (2) A dealer who regularly sells beverages for consumption
5 off the dealer's premises shall provide on the premises, or
6 within 100 yards of the premises on which the dealer sells or
7 offers for sale a beverage in a returnable container, a
8 convenient means whereby
the where a person may return
1 containers of any kind, size, and brand sold or offered for sale
2 by the dealer, may
be returned by, and receive a refund of the
3 deposit, refunded
in cash to, a person whether or not the
4 person is the original
customer of that dealer , and whether or
5 not the container was sold by that dealer.
6 (3) Regional centers for the redemption of returnable
7 containers may be established, in addition to but not as
8 substitutes for, the means established for refunds of deposits
9 prescribed in under subsection (2).
10 (4) Except as
provided in subsections (5) and (7) (8), a
11 dealer shall accept from
a person an empty a returnable
12 container of any kind, size, and brand sold or offered for sale
13 by that dealer and pay to that person its full refund value in
14 cash.
15 (5) A dealer who does not require a deposit on a returnable
16 container when the contents are consumed in the dealer's sale or
17 consumption area is not required to pay a refund for accepting
18 that empty container.
19 (6) Except as
provided in subsection (7) (8), a distributor
20 shall accept from a
dealer an empty a returnable container of
21 any kind, size, and brand sold or offered for sale by that
22 distributor and pay to the dealer its full refund value in cash.
23 (7) Each beverage container sold or offered for sale by a
24 dealer within this state shall clearly indicate by embossing or
25 by a stamp, a label, or other method securely affixed to the
26 beverage container, the refund value of the container and the
27 name of this state.
1 (8) A dealer
or distributor may , but is not required to,
2 refuse to accept from a
person an empty a returnable container
3 which does not state
on the container the that meets
any of the
4 following:
5 (a) The refund value of the container and the name of this
6 state is not stated on
the container. This subsection
7 subdivision does not
apply to a refillable container having a
8 that has refund value of
not less than 10 cents, having has a
9 brand name permanently
marked on it, and having has a securely
10 affixed method of indicating that it is a returnable container.
11 (b) The container contains residue of any substance other
12 than the original contents of the container.
13 (c) The container is crushed or mutilated to the extent that
14 the bar code is not legible.
15 (d) The container presents an unacceptable health risk to a
16 dealer or distributor or any customer or employee of the dealer
17 or distributor.
18 (9) (8) A
dealer within this state shall not sell, offer
19 for sale, or give to
consumers a metal beverage container , if
20 any part of which the
container becomes detached when opened.
21 (10) (9) A
person, dealer, distributor, or manufacturer
22 shall not return an empty container to a dealer for a refund of
23 the deposit if a dealer has already refunded the deposit on that
24 returnable container. This subsection does not prohibit a dealer
25 from refunding the deposit on an empty returnable container each
26 time the returnable container is sanitized by the manufacturer
27 and reused as a beverage container.
1 (11) (10) A
dealer may accept, but is not required to
2 accept , from a
person, empty returnable containers from a
3 person for a refund in excess of $25.00 on any given day.
4 (12) (11) A
manufacturer licensed by the commission shall
5 not require a distributor licensed by the commission to pay a
6 deposit to the manufacturer on a nonrefillable container.
7 However, a manufacturer licensed by the commission and a
8 distributor licensed by the commission may enter into an
9 agreement providing that either or both may originate a deposit
10 or any portion of a deposit on a nonrefillable container if the
11 agreement is entered into freely and without coercion.
12 (13) (12) A
manufacturer shall refund the deposit paid on
13 any container returned by
a distributor for which if the
14 distributor has paid a
deposit has been paid by a distributor
15 on that container to the manufacturer.
16 (14) (13) Subsections
(4), (6), and (7) apply only to a
17 returnable container that was originally sold in this state as a
18 filled returnable container.