HOUSE BILL No. 4864 September 28, 1999, Introduced by Reps. Switalski, Martinez, Spade, Woodward, Wojno, Dennis, Daniels, DeHart, Minore, LaForge, Neumann and Gieleghem and referred to the Committee on Conservation and Outdoor 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" meansa soft drink,soda OR OTHER CARBON- 3 ATED OR NONCARBONATED water;, carbonated natural or mineral4water, or other nonalcoholic carbonated drink;beer, ale, or 5 other malt drink of whatever alcoholic content;ora mixed wine 6 drink or a mixed spirit drink; OR A NONALCOHOLIC CARBONATED OR 7 NONCARBONATED DRINK IN LIQUID FORM AND INTENDED FOR INTERNAL 03780'99 DAM 2 1 HUMAN CONSUMPTION, EXCEPT FOR UNFLAVORED RICE MILK, UNFLAVORED 2 SOYMILK, MILK, OR A DAIRY-DERIVED PRODUCT. 3 (b) "Beverage container" meansan1 OF THE FOLLOWING: 4 (i) AN airtight metal, glass, paper, or plastic container, 5 or a container composed of a combination of these materials, 6 which,at the time of sale,contains 1 gallon or less of a 7 beverage OTHER THAN A NONALCOHOLIC BEVERAGE. 8 (ii) AN AIRTIGHT METAL, GLASS, OR PLASTIC CONTAINER WHICH AT 9 THE TIME OF SALE CONTAINS 1 GALLON OR LESS OF A NONALCOHOLIC BEV- 10 ERAGE OTHER THAN A CONTAINER COMPOSED IN WHOLE OR IN PART OF ALU- 11 MINUM AND PLASTIC OR ALUMINUM AND PAPER IN COMBINATION IF THE 12 ALUMINUM CONTENT REPRESENTS 10% OR LESS OF THE UNFILLED CONTAINER 13 WEIGHT AND THE UNFILLED CONTAINER WEIGHT IS 5% OR LESS OF THE 14 FILLED CONTAINER WEIGHT. 15 (c) "Empty returnable container" means a beverage container 16whichTHAT contains nothing except the residue of its original 17 contents. 18 (d) "Returnable container" means a beverage container upon 19 which a deposit ofat leastNOT LESS THAN 10 cents has been 20 paid, or is required to be paid upon the removal of the BEVERAGE 21 container from the sale or consumption area, and for which a 22 refund ofat leastNOT LESS THAN 10 cents in cash is payable by 23 every dealer or distributor in this state of that beverage in 24 beverage containers, as further provided in section 2. 25 (e) "Nonreturnable container" means a beverage container 26 upon which no deposit or a deposit of less than 10 cents has been 27 paid, or is required to be paid, upon the removal of the BEVERAGE 03780'99 3 1 container from the sale or consumption area, or for which no cash 2 refund or a refund of less than 10 cents is payable by a dealer 3 or distributor in this state of that beverage in beverage con- 4 tainers, as further provided in section 2. 5 (f) "Person" means an individual, partnership, corporation, 6 association, or other legal entity. 7 (g) "Dealer" means a person who sells or offers for sale to 8 consumers within this state a beverage in a beverage container, 9 including an operator of a vending machine containing a beverage 10 in a beverage container. 11 (h) "Operator of a vending machine" means equally its owner, 12 the person who refills it, and the owner or lessee of the prop- 13 erty upon which it is located. 14 (i) "Distributor" means a person who sells beverages in bev- 15 erage containers to a dealer within this state, and includes a 16 manufacturer who engages in such sales. 17 (j) "Manufacturer" means a person who bottles, cans, or oth- 18 erwise places beverages in beverage containers for sale to dis- 19 tributors, dealers, or consumers. 20 (k) "Within this state" means within the exterior limits of 21 the state of Michigan, and includes the territory within these 22 limits owned by or ceded to the United States of America. 23 (l) "Commission" means theMichiganliquor control commis- 24 sion CREATED IN SECTION 209 OF THE MICHIGAN LIQUOR CONTROL CODE 25 OF 1998, 1998 PA 58, MCL 436.1209. 26 (m) "Sale or consumption area" means the premiseswithin27 ON the property of the dealer or of the dealer's lessor where the 03780'99 4 1 sale is made,within whichWHERE beverages in returnable 2 containers may be consumed without payment of a deposit, and, 3 upon removing a beverage container from which, thecustomer4 CONSUMER is required by the dealer to pay the deposit. 5 (n) "Nonrefillable container" means a returnable container 6whichTHAT is not intended to be refilled for sale by a 7 manufacturer. 8 (o) "Mixed wine drink" means a drink or similar product 9 marketed as a wine cooler and containing less than 7% alcohol by 10 volume, consisting of wine and plain, sparkling, or carbonated 11 water and containing any 1 or more of the following: 12 (i) Nonalcoholic beverages. 13 (ii) Flavoring. 14 (iii) Coloring materials. 15 (iv) Fruit juices. 16 (v) Fruit adjuncts. 17 (vi) Sugar. 18 (vii) Carbon dioxide. 19 (viii) Preservatives. 20 (p) "Mixed spirit drink" means a drink containing 10% or 21 less alcohol by volume consisting of distilled spirits mixed with 22 nonalcoholic beverages or flavoring or coloring materials and 23whichTHAT may also contain water, fruit juices, fruit 24 adjuncts, sugar, carbon dioxide, or preservatives; oranyA 25 spirits based beverage, regardless of the percent of alcohol by 26 volume, that is manufactured for sale in a metal BEVERAGE 27 container. 03780'99 5 1 (Q) "UNFLAVORED SOYMILK" MEANS A LIQUID CONTAINING NO 2 ADDITIONAL FLAVORING INGREDIENTS AND INTENDED FOR INTERNAL HUMAN 3 CONSUMPTION, THE PRIMARY PROTEIN SOURCE OF WHICH IS SOY PROTEIN 4 DERIVED FROM WHOLE SOYBEANS, ISOLATED SOY PROTEIN, SOY PROTEIN 5 CONCENTRATE, SOY FLOUR, SPRAY-DRIED TOFU, OR SPRAY-DRIED 6 SOYMILK. 7 (R) "RICE MILK" MEANS A LIQUID INTENDED FOR INTERNAL HUMAN 8 CONSUMPTION OF WHICH THE PRIMARY PROTEIN SOURCE IS RICE PROTEIN 9 DERIVED FROM PARTIALLY MILLED BROWN RICE. 10 Enacting section 1. This amendatory act takes effect 11 January 1, 2001. 03780'99 Final page. DAM