Michigan 2013 bill text

     A bill to amend 1976 IL 1, 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, 2014.

A bill to amend 1976 IL 1, 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 4a (MCL 445.574a), as amended by 2008 PA 384.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 4a. (1) A person shall not return or attempt to return to

a dealer for a refund 1 or more of the following:

     (a) A beverage container that the person knows or should know

was not purchased in this state as a filled returnable container.

     (b) A beverage container that the person knows or should know

did not have a deposit paid for it at the time of purchase.

     (2) A person who violates subsection (1) is subject to 1 of

the following:

     (a) If the person returns or attempts to return 25 or more but

not more than 100 nonreturnable containers, the person may be

ordered to pay a civil fine of not more than $100.00.

     (b) If the person returns or attempts to return more than 100

but fewer than 10,000 nonreturnable containers, or violates

subdivision (a) for a second or subsequent time, the person is

guilty of a misdemeanor punishable by imprisonment for not more

than 93 days or a fine of not more than $1,000.00, or both.

     (c) If the person returns or attempts to return more than 100

but fewer than 10,000 nonreturnable containers for a second or

subsequent time, the person is guilty of a misdemeanor punishable

by imprisonment for not more than 1 year or a fine of not more than

$2,000.00, or both.

     (d) If the person returns or attempts to return 10,000 or more

nonreturnable containers, the person is guilty of a felony

punishable by imprisonment for not more than 5 years or a fine of

not more than $5,000.00, or both.

     (3) A dealer shall not knowingly accept from and pay a deposit

to a person for a nonreturnable container or knowingly deliver a

nonreturnable container to a distributor for a refund. A dealer

that violates this subsection is subject to 1 of the following:

     (a) If the dealer knowingly accepts from and pays a deposit on

25 or more but not more than 100 nonreturnable containers to a

person, or knowingly delivers 25 or more but not more than 100

nonreturnable containers to a distributor for a refund, the dealer

may be ordered to pay a civil fine of not more than $100.00.

     (b) If the dealer knowingly accepts from and pays a deposit on

more than 100 but fewer than 10,000 nonreturnable containers to a

person, or knowingly delivers more than 100 but fewer than 10,000

nonreturnable containers to a distributor for a refund, the dealer

is guilty of a misdemeanor punishable by imprisonment for not more

than 93 days or a fine of not more than $1,000.00, or both.

     (c) If the dealer knowingly accepts from and pays a deposit on

more than 100 but fewer than 10,000 nonreturnable containers to a

person, or knowingly delivers more than 100 but fewer than 10,000

nonreturnable containers to a distributor for a refund, for a

second or subsequent time, the dealer is guilty of a misdemeanor

punishable by imprisonment for not more than 1 year or a fine of

not more than $2,000.00, or both.

     (d) If the dealer knowingly accepts from and pays a deposit on

10,000 or more nonreturnable containers to a person, or knowingly

delivers 10,000 or more nonreturnable containers to a distributor

for a refund, the dealer is guilty of a felony punishable by

imprisonment for not more than 5 years or a fine of not more than

$5,000.00, or both.

     (4) A distributor shall not knowingly accept from and pay a

deposit to a dealer for a nonreturnable container or knowingly

deliver a nonreturnable container to a manufacturer for a refund. A

distributor that violates this subsection is subject to 1 of the

following:

     (a) If the distributor knowingly accepts from and pays a

deposit on 25 or more but not more than 100 nonreturnable

containers to a dealer, or knowingly delivers 25 or more but not

more than 100 nonreturnable containers to a manufacturer for a

refund, the distributor may be ordered to pay a civil fine of not

more than $100.00.

     (b) If the distributor knowingly accepts from and pays a

deposit on more than 100 but fewer than 10,000 nonreturnable

containers to a dealer, or knowingly delivers more than 100 but

fewer than 10,000 nonreturnable containers to a manufacturer for a

refund, the distributor is guilty of a misdemeanor punishable by

imprisonment for not more than 93 days or a fine of not more than

$1,000.00, or both.

     (c) If the distributor knowingly accepts from and pays a

deposit on more than 100 but fewer than 10,000 nonreturnable

containers to a dealer, or knowingly delivers more than 100 but

fewer than 10,000 nonreturnable containers to a manufacturer for a

refund, for a second or subsequent time, the distributor is guilty

of a misdemeanor punishable by imprisonment for not more than 1

year or a fine of not more than $2,000.00, or both.

     (d) If the distributor knowingly accepts from and pays a

deposit on 10,000 or more nonreturnable containers to a dealer, or

knowingly delivers 10,000 or more nonreturnable containers to a

manufacturer for a refund, the distributor is guilty of a felony

punishable by imprisonment for not more than 5 years or a fine of

not more than $5,000.00, or both.

     (5) A dealer or distributor does not violate subsection (3) or

(4) if all of the following conditions are met:

     (a) An employee of the dealer or distributor commits an act

that violates subsection (3) or (4).

     (b) At the time the employee commits the act that violates

subsection (3) or (4), the dealer or distributor had in force a

written policy prohibiting its employees from knowingly redeeming

nonreturnable containers.

     (c) The dealer or distributor did not or should not have known

of the employee's act in violation of subsection (3) or (4).

     (6) In addition to the penalty described in this section, the

court shall order a person found guilty of a misdemeanor or felony

under this section to pay restitution equal to the amount of loss

caused by the violation.

     (7) The attorney general or a county prosecutor may bring an

action to recover a civil fine under this section. A civil fine

imposed under this section is payable to this state and shall be

credited to the general fund.

Updated June 18, 2013