September 23, 2008, Introduced by Senator JELINEK and referred to the Committee on Appropriations.
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) In addition to the requirements of section 2(1),
beginning January 1, 2009, a dealer shall not sell, offer for sale,
or give a beverage to a consumer 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 this state in the
preceding calendar year were at least 500,000 case equivalents, as
determined by the commission.
(b) Sales of that brand of beverage in this state in the
preceding calendar year were fewer than 500,000 case equivalents,
and beverage containers of that brand of beverage were overredeemed
by more than 100,000 containers in the preceding calendar year, as
determined by the commission.
(2) In addition to the requirements of section 2(1), beginning
January 1, 2010, a dealer shall not sell, offer for sale, or give a
beverage to a consumer 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 this state in the
preceding calendar year were at least 500,000 case equivalents, as
determined by the commission.
(b) Sales of that brand of beverage in this state in the
preceding calendar year were fewer than 500,000 case equivalents,
and beverage containers of that brand of beverage were overredeemed
by more than 100,000 containers in the preceding calendar year, as
determined by the commission.
(3) In addition to the requirements of section 2(1), beginning
January 1, 2010, a dealer shall not sell, offer for sale, or give a
beverage to a consumer 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 this state in the
preceding calendar year were at least 500,000 case equivalents, as
determined by the commission.
(b) Sales of that brand of beverage in this state in the
preceding calendar year were fewer than 500,000 case equivalents,
and beverage containers of that brand of beverage were overredeemed
by more than 100,000 containers in the preceding calendar year, as
determined by the commission.
(4) A symbol, etching, 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.
(5) A person who 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.
(6) 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 meets either of the following:
(i) It contains a symbol, etching, mark, or other
distinguishing characteristic that allows a reverse vending machine
to determine if the beverage container is a returnable container.
(ii) It contains a symbol, etching, mark, or other
distinguishing characteristic that indicates it is a beverage
container that is sold outside this state and the lack of that
symbol, etching, mark, or other distinguishing characteristic
allows a reverse vending machine to determine if the beverage
container is a returnable container.
(c) "Designated metal container" means a 12-ounce metal
beverage container that meets either of the following:
(i) It contains a symbol, etching, mark, or other
distinguishing characteristic that allows a reverse vending machine
to determine if the beverage container is a returnable container.
(ii) It contains a symbol, etching, mark, or other
distinguishing characteristic that indicates it is a beverage
container that is sold outside this state and the lack of that
symbol, etching, mark, or other distinguishing characteristic
allows a reverse vending machine to determine if the beverage
container is a returnable container.
(d) "Designated plastic container" means a 20-ounce plastic
beverage container that meets either of the following:
(i) It contains a symbol, etching, mark, or other
distinguishing characteristic that allows a reverse vending machine
to determine if the beverage container is a returnable container.
(ii) It contains a symbol, etching, mark, or other
distinguishing characteristic that indicates it is a beverage
container that is sold outside this state and the lack of that
symbol, etching, mark, or other distinguishing characteristic
allows a reverse vending machine to determine if the beverage
container is 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 does not take effect
unless Senate Bill No. 822 or House Bill No. 5147 of the 94th
Legislature is enacted into law.