HOUSE BILL NO. 4717

June 12, 2019, Introduced by Reps. Steven Johnson, Miller, Bellino, Slagh, VanSingel, Howell, Elder and Sabo and referred to the Committee on Commerce and Tourism.

A bill to provide for the labeling of certain portable fuel containers as made in Michigan; and to make findings that, under certain circumstances, portable fuel containers have not entered or substantially affected interstate commerce.

the people of the state of michigan enact:

Sec. 1. As used in this act:

(a) "Generic or insignificant parts" means parts that are minor components or have manufacturing or consumer product applications other than the production of portable fuel containers and includes, but is not limited to, steel and plastic.

(b) "Manufactured" means created from basic materials for functional usefulness, including, but not limited to, forging, casting, machining, molding, stamping, or other processes for working materials.

(c) "Portable fuel container" means that term as defined in 40 CFR 59.680.

Sec. 2. The legislature finds all of the following:

(a) A portable fuel container that is manufactured in this state without the inclusion of parts, other than generic or insignificant parts, imported from outside of this state and that remains within this state has not entered into or substantially affected interstate commerce and is not subject to congressional authority to regulate interstate commerce.

(b) Basic materials, such as unmachined and unshaped steel and plastic, are not portable fuel containers and are not subject to congressional authority to regulate portable fuel containers in interstate commerce as if the basic materials were actually portable fuel containers.

(c) Congressional authority to regulate interstate commerce in basic materials does not include authority to regulate portable fuel containers manufactured in this state from those basic materials.

Sec. 3. A portable fuel container manufactured in this state without the inclusion of parts, other than generic or insignificant parts, imported from outside of this state, may have the words "made in Michigan" clearly stamped, engraved, or otherwise clearly indicated on a central part as evidence that, if the portable fuel container remains in this state, it has not entered or substantially affected interstate commerce.

Enacting section 1. This act takes effect 90 days after the date it is enacted into law.