HB-6460, As Passed House, December 4, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 6460

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,"

(MCL 445.571 to 445.576) by adding section 2a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2a. (1) Except as provided in subsection (2), in addition

to the requirements of section 2(1), beginning 90 days after the

effective date of the amendatory act that added this section, a

manufacturer shall not sell, offer for sale, or give a beverage to

a consumer, dealer, or distributor in this state in a 12-ounce

metal beverage container that is not a designated metal container

if either of the following is met:

(a) Sales of that brand of beverage in 12-ounce metal beverage

containers in this state in the preceding calendar year were at

least 500,000 cases, as determined by the department of treasury.

(b) Sales of that brand of beverage in 12-ounce metal beverage

containers in this state in the preceding calendar year were fewer

than 500,000 cases, and 12-ounce metal beverage containers of that

brand of beverage were overredeemed by more than 600,000 containers

in the preceding calendar year, as determined by the department of

treasury.

(2) In addition to the requirements of section 2(1), beginning

90 days after the effective date of the amendatory act that added

this section, a manufacturer shall not sell, offer for sale, or

give a nonalcoholic beverage to a consumer, dealer, or distributor

in the Upper Peninsula in a 12-ounce metal beverage container that

is not a designated metal container if either of the following is

met:

(a) Sales of that brand of beverage in 12-ounce metal beverage

containers in the Upper Peninsula were at least 500,000 cases, as

determined by the department of treasury.

(b) Sales of that brand of beverage in 12-ounce metal beverage

containers in the Upper Peninsula in the preceding calendar year

were fewer than 500,000 cases, and 12-ounce metal beverage

containers of that brand of beverage were overredeemed in the Upper

Peninsula by more than 600,000 containers in the preceding calendar

year, as determined by the department of treasury.

(3) Except as provided in subsection (4), in addition to the

requirements of section 2(1), beginning 450 days after the

effective date of the amendatory act that added this section, a

manufacturer shall not sell, offer for sale, or give a beverage to

a consumer, dealer, or distributor in this state in a 12-ounce

glass beverage container that is not a designated glass container

if either of the following is met:

(a) Sales of that brand of beverage in 12-ounce glass beverage

containers in this state in the preceding calendar year were at

least 500,000 cases, as determined by the department of treasury.

(b) Sales of that brand of beverage in 12-ounce glass beverage

containers in this state in the preceding calendar year were fewer

than 500,000 cases, and 12-ounce glass beverage containers of that

brand of beverage were overredeemed by more than 600,000 containers

in the preceding calendar year, as determined by the department of

treasury.

(4) In addition to the requirements of section 2(1), beginning

450 days after the effective date of the amendatory act that added

this section, a manufacturer shall not sell, offer for sale, or

give a nonalcoholic beverage to a consumer, dealer, or distributor

in the Upper Peninsula in a 12-ounce glass beverage container that

is not a designated glass container if either of the following is

met:

(a) Sales of that brand of beverage in 12-ounce glass beverage

containers in the Upper Peninsula were at least 500,000 cases, as

determined by the department of treasury.

(b) Sales of that brand of beverage in 12-ounce glass beverage

containers in the Upper Peninsula in the preceding calendar year

were fewer than 500,000 cases, and 12-ounce glass beverage

containers of that brand of beverage were overredeemed in the Upper

Peninsula by more than 600,000 containers in the preceding calendar

year, as determined by the department of treasury.

(5) Except as provided in subsection (6), in addition to the

requirements of section 2(1), beginning 450 days after the

effective date of the amendatory act that added this section, a

manufacturer shall not sell, offer for sale, or give a beverage to

a consumer, dealer, or distributor in this state in a 20-ounce

plastic beverage container that is not a designated plastic

container if either of the following is met:

(a) Sales of that brand of beverage in 20-ounce plastic

beverage containers in this state in the preceding calendar year

were at least 500,000 cases, as determined by the department of

treasury.

(b) Sales of that brand of beverage in 20-ounce plastic

beverage containers in this state in the preceding calendar year

were fewer than 500,000 cases, and 20-ounce plastic beverage

containers of that brand of beverage were overredeemed by more than

600,000 containers in the preceding calendar year, as determined by

the department of treasury.

(6) In addition to the requirements of section 2(1), beginning

450 days after the effective date of the amendatory act that added

this section, a manufacturer shall not sell, offer for sale, or

give a nonalcoholic beverage to a consumer, dealer, or distributor

in the Upper Peninsula in a 20-ounce plastic beverage container

that is not a designated plastic container if either of the

following is met:

(a) Sales of that brand of beverage in 20-ounce plastic

beverage containers in the Upper Peninsula were at least 500,000

cases, as determined by the department of treasury.

(b) Sales of that brand of beverage in 20-ounce plastic

beverage containers in the Upper Peninsula in the preceding

calendar year were fewer than 500,000 cases, and 20-ounce plastic

beverage containers of that brand of beverage were overredeemed in

the Upper Peninsula by more than 600,000 containers in the

preceding calendar year, as determined by the department of

treasury.

(7) A symbol, mark, or other distinguishing characteristic

that is placed on a designated metal container, designated glass

container, or designated plastic container by a manufacturer to

allow a reverse vending machine to determine if that container is a

returnable container must be unique to this state, or used only in

this state and 1 or more other states that have laws substantially

similar to this act.

(8) A person that violates this section is guilty of a

misdemeanor punishable by imprisonment for not more than 180 days

or a fine of not more than $2,000.00, or both. Section 4 does not

apply to a violation described in this subsection.

(9) As used in this section:

(a) "Brand" means any word, name, group of letters, symbol, or

trademark, or any combination of them, adopted and used by a

manufacturer to identify a specific beverage and to distinguish

that beverage from another beverage produced or marketed by that

manufacturer or another manufacturer.

(b) "Designated glass container" means a 12-ounce glass

beverage container that contains a symbol, mark, or other

distinguishing characteristic that allows a reverse vending machine

to determine if the beverage container is or is not a returnable

container.

beverage container that contains a symbol, mark, or other

distinguishing characteristic that allows a reverse vending machine

to determine if the beverage container is or is not a returnable

container.

(d) "Designated plastic container" means a 20-ounce plastic

beverage container that contains a symbol, mark, or other

distinguishing characteristic that allows a reverse vending machine

to determine if the beverage container is or is not a returnable

container.

(e) "Glass beverage container" means a beverage container

composed primarily of glass.

(f) "Metal beverage container" means a beverage container

composed primarily of metal.

(g) "Plastic beverage container" means a beverage container

composed primarily of plastic.

(h) "Reverse vending machine" means a device designed to

properly identify and process empty beverage containers and provide

a means for a deposit refund on returnable containers.

Enacting section 1. This amendatory act takes effect on the

date that deposits into the beverage container redemption antifraud

fund created in the beverage container redemption antifraud act

from money appropriated by the legislature equal or exceed

$1,000,000.00.

Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 94th Legislature are

enacted into law:

(a) Senate Bill No. 1648.

(b) House Bill No. 5147.