Michigan 2008 bill text

January 24, 2007, Introduced by Senator SWITALSKI 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:

     Sec. 1. As used in this act:

     (a) "Beverage" means a soft drink, soda or other carbonated or

noncarbonated water; , carbonated natural or mineral water, or

other nonalcoholic carbonated drink; beer, ale, or other malt drink

of whatever alcoholic content; or a mixed wine drink or a mixed

spirit drink; or a nonalcoholic carbonated or noncarbonated drink

in liquid form and intended for internal human consumption, except

for unflavored rice milk, unflavored soymilk, milk, or a dairy-

derived product.

     (b) "Beverage container" means an 1 of the following:

     (i) An airtight metal, glass, paper, or plastic container, or a

container composed of a combination of these materials, which , at

the time of sale , contains 1 gallon or less of a beverage other

than a nonalcoholic beverage.

     (ii) An airtight metal, glass, or plastic container which at

the time of sale contains 1 gallon or less of a nonalcoholic

beverage other than a container composed in whole or in part of

aluminum and plastic or aluminum and paper in combination if the

aluminum content represents 10% or less of the unfilled container

weight and the unfilled container weight is 5% or less of the

filled container weight.

     (c) "Empty returnable container" means a beverage container

which that contains nothing except the residue of its original

contents.

     (d) "Returnable container" means a beverage container upon

which a deposit of at least not less than 10 cents has been paid,

or is required to be paid upon the removal of the beverage

container from the sale or consumption area, and for which a refund

of at least not less than 10 cents in cash is payable by every

dealer or distributor in this state of that beverage in beverage

containers, as further provided in section 2.

     (e) "Nonreturnable container" means a beverage container upon

which no deposit or a deposit of less than 10 cents has been paid,

or is required to be paid, upon the removal of the beverage

container from the sale or consumption area, or for which no cash

refund or a refund of less than 10 cents is payable by a dealer or

distributor in this state of that beverage in beverage containers,

as further provided in section 2.

     (f) "Person" means an individual, partnership, corporation,

limited liability company, association, or other legal entity.

     (g) "Dealer" means a person who sells or offers for sale to

consumers within this state a beverage in a beverage container,

including an operator of a vending machine containing a beverage in

a beverage container.

     (h) "Operator of a vending machine" means equally its owner,

the person who refills it, and the owner or lessee of the property

upon which it is located.

     (i) "Distributor" means a person, including a manufacturer,

who sells beverages in beverage containers to a dealer within this

state. , and includes a manufacturer who engages in such sales.

     (j) "Manufacturer" means a person who bottles, cans, or

otherwise places beverages in beverage containers for sale to

distributors, dealers, or consumers.

     (k) "Within this state" means within the exterior limits of

the state of Michigan, and includes the territory within these

limits owned by or ceded to the United States of America.

     (l) "Commission" means the Michigan liquor control commission

created in section 209 of the Michigan liquor control code of 1998,

1998 PA 58, MCL 436.1209.

     (m) "Sale or consumption area" means the premises within on

the property of the dealer or of the dealer's lessor where the sale

is made, within which where beverages in returnable containers may

be consumed without payment of a deposit, and , upon removing a

beverage container from which, the customer is required by where a

consumer may not remove a beverage container without the dealer

requiring him or her to pay the a deposit.

     (n) "Nonrefillable container" means a returnable container

which that is not intended to be refilled for sale by a

manufacturer.

     (o) "Mixed wine drink" means a drink or similar product

marketed as a wine cooler and containing less than 7% alcohol by

volume, consisting of wine and plain, sparkling, or carbonated

water and containing any 1 or more of the following:

     (i) Nonalcoholic beverages.

     (ii) Flavoring.

     (iii) Coloring materials.

     (iv) Fruit juices.

     (v) Fruit adjuncts.

     (vi) Sugar.

     (vii) Carbon dioxide.

     (viii) Preservatives.

     (p) "Mixed spirit drink" means a drink containing 10% or less

alcohol by volume consisting of distilled spirits mixed with

nonalcoholic beverages or flavoring or coloring materials and which

that may also contain water, fruit juices, fruit adjuncts, sugar,

carbon dioxide, or preservatives; or any a spirits based beverage,

regardless of the percent of alcohol by volume, that is

manufactured for sale in a metal beverage container.

     (q) "Unflavored soymilk" means a liquid containing no

additional flavoring ingredients and intended for internal human

consumption, the primary protein source of which is soy protein

derived from whole soybeans, isolated soy protein, soy protein

concentrate, soy flour, spray-dried tofu, or spray-dried soymilk.

     (r) "Rice milk" means a liquid intended for internal human

consumption of which the primary protein source is rice protein

derived from partially milled brown rice.

     Enacting section 1. This amendatory act takes effect January

1, 2009.

Updated August 11, 2008