Name | Michigan Beverage Container Act |
Purpose | To reduce roadside litter, clean up the environment, and conserve energy and natural resources |
Enacted | 11/2/1976 |
Date Implemented | 12/3/1978 |
Regulations | Michigan Compiled Laws (MCL) §§445.571 - 445.576; 1996 PA 384, last amended in 2022 |
Beverages Covered |
|
Containers Covered | Any airtight metal, glass, paper, or plastic container, or a combination, under 1 gallon |
Amount of Deposit | 10¢ |
Reclamation System | Retail stores |
Handling Fee | None |
Unredeemed Deposits | First $1 million goes to Bottle Bill Enforcement Fund, then 75% to state for environmental programs, 25% to retailers (more information) |
Redemption Rate |
Overall redemption rate: [1]
|
% of All Beverages Sold That Are Covered By Deposit | 55% [2] |
Details
The Michigan law requires reporting of containers sold and redeemed by bottlers and distributors. Beverage containers are also prohibited from landfill disposal after Public Act 34's implementation in 2004. Along with Oregon and California, Michigan's deposit is 10¢.
Michigan's bottle bill does not have a handling fee, since no redemption centers operate in the state. Instead, after $1 million dollars is echeated to the state's Bottle Bill Enforcement Fund, 25% of unredeemed deposits in Michigan go to retailers. The remaining 75% is retained by the state in a Cleanup and Redevelopment Trust Fund (Trust Fund), and is distributed as follows: [3]
- 80% to the Cleanup and Redevelopment Fund, used to clean up specific sites of contamination in Michigan.
- 10% to the Community Pollution Prevention Fund, for educational programs on pollution prevention methods, technologies, and processes, with an emphasis on the direct reduction of toxic material releases or disposal, at the source.
- 10% remains in the Trust Fund. The Trust Fund continues to collect the 10% per year until a maximum of $200 million is met.
In 2008, Public Acts 386, 387, 388, and 389 were passed to combat fraud by mandating a Michigan-specific label on beverage containers and prohibiting the sale of containers with the Michigan label outside the state. However, the Federal District Court ruled in American Beverage Association v. Snyder that, while selling beverages with a Michigan-specific label within Michigan was permitted, prohibiting their sale outside of the state burdened interstate commerce. Consequently, Public Acts 386, 387, 388, and 389 were deemed unconstitutional and cannot be enforced. [4]
In 2022, the Michigan legislature passed Public Act 198. As of January 1, 2023, "over-redeemers", retailers who refund more money in bottle deposits than they receive from beverage sales, can request a refund of the difference.
Footnotes
[1] "Michigan Bottle Bill." Michigan Department of Environment, Great Lakes, and Energy. Last Accessed May 15, 2024.
[2] "2021 Beverage Market Data Analysis." Container Recycling Institute. 2024.
[3] "Used Beverage Container Deposits." Michigan Recycling Coalition. 2011 State of Recycling in Michigan: A Way Forward. p.10.
[4] See Footnote 1.
Last Updated on July 18, 2024.