Bill Text: MI HB4198 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Trade; containers; beverages and beverage containers subject to bottle deposit; expand. Amends sec. 1 of 1976 IL 1 (MCL 445.571).
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2013-02-07 - Printed Bill Filed 02/07/2013 [HB4198 Detail]
Download: Michigan-2013-HB4198-Introduced.html
HOUSE BILL No. 4198
February 6, 2013, Introduced by Reps. McCann, Irwin, Darany and Lipton and referred to the Committee on Regulatory Reform.
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.
