HOUSE BILL No. 5265 October 14, 1997, Introduced by Reps. Baird, Martinez, LaForge, Kaza, Willard, Ciaramitaro, Scott, Anthony, Hood and Brater and referred to the Committee on Conservation, Environment and Recreation. 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 con- tent, 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 pre- scribe 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: 1 Sec. 1. As used in this act: 2 (a) "Beverage" means a soft drink, soda water, carbonated 3 natural or mineral water, or other nonalcoholic carbonated drink; 4 A NONCARBONATED, NONALCOHOLIC DRINK THAT CONTAINS WATER, FRUIT 5 JUICE, OR TEA; beer, ale, or other malt drink of whatever alco- 6 holic content; or a mixed wine drink or a mixed spirit drink. 04199'97 JCB 2 1 (b) "Beverage container" means an airtight metal, glass, 2 paper, or plastic container, or a container composed of a 3 combination of these materials, which, at the time of sale, con- 4 tains 1 gallon or less of a beverage. 5 (c) "Empty returnable container" means a beverage container 6whichTHAT contains nothing except the residue of its original 7 contents. 8 (d) "Returnable container" means a beverage container upon 9 which a deposit of at least 10 cents has been paid, or is 10 required to be paid upon the removal of the BEVERAGE container 11 from the sale or consumption area, and for which a refund ofat12leastNOT LESS THAN 10 cents in cash is payable by every dealer 13 or distributor in this state of that beverage in beverage con- 14 tainers, as further provided in section 2. 15 (e) "Nonreturnable container" means a beverage container 16 upon which no deposit or a deposit of less than 10 cents has been 17 paid, or is required to be paid, upon the removal of the BEVERAGE 18 container from the sale or consumption area, or for which no cash 19 refund or a refund of less than 10 cents is payable by a dealer 20 or distributor in this state of that beverage in beverage con- 21 tainers, as further provided in section 2. 22 (f) "Person" means an individual, partnership, corporation, 23 association, or other legal entity. 24 (g) "Dealer" means a person who sells or offers for sale to 25 consumers within this state a beverage in a beverage container, 26 including an operator of a vending machine containing a beverage 27 in a beverage container. 04199'97 3 1 (h) "Operator of a vending machine" means equally its owner, 2 the person who refills it, and the owner or lessee of the prop- 3 erty upon which it is located. 4 (i) "Distributor" means a person who sells beverages in bev- 5 erage containers to a dealer within this state, and includes a 6 manufacturer who engages in such sales. 7 (j) "Manufacturer" means a person who bottles, cans, or oth- 8 erwise places beverages in beverage containers for sale to dis- 9 tributors, dealers, or consumers. 10 (k) "Within this state" means within the exterior limits of 11 the state of Michigan, and includes the territory within these 12 limits owned by or ceded to the United States of America. 13 (l) "Commission" means the Michigan liquor control commis- 14 sion CREATED IN SECTION 5 OF THE MICHIGAN LIQUOR CONTROL ACT, 15 1933 (EX SESS) PA 8, MCL 436.5. 16 (m) "Sale or consumption area" means the premiseswithin17 ON the property of the dealer or of the dealer's lessor where the 18 sale is made,within whichWHERE beverages in returnable con- 19 tainers may be consumed without payment of a deposit, and, upon 20 removing a beverage container from which, thecustomerCONSUMER 21 is required by the dealer to pay the deposit. 22 (n) "Nonrefillable container" means a returnable container 23whichTHAT is not intended to be refilled for sale by a 24 manufacturer. 25 (o) "Mixed wine drink" means a drink or similar product 26 marketed as a wine cooler and containing less than 7% alcohol by 04199'97 4 1 volume, consisting of wine and plain, sparkling, or carbonated 2 water and containing any 1 or more of the following: 3 (i) Nonalcoholic beverages. 4 (ii) Flavoring. 5 (iii) Coloring materials. 6 (iv) Fruit juices. 7 (v) Fruit adjuncts. 8 (vi) Sugar. 9 (vii) Carbon dioxide. 10 (viii) Preservatives. 11 (p) "Mixed spirit drink" means a drink containing 10% or 12 less alcohol by volume consisting of distilled spirits mixed with 13 nonalcoholic beverages or flavoring or coloring materials and 14whichTHAT may also contain water, fruit juices, fruit 15 adjuncts, sugar, carbon dioxide, or preservatives; oranyA 16 spirits based beverage, regardless of the percent of alcohol by 17 volume, that is manufactured for sale in a metal BEVERAGE 18 container. 04199'97 Final page. 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