February 2, 2005, Introduced by Reps. Leland, Tobocman, Hunter, Lipsey, Kathleen Law and Clack and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
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 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,"
by amending section 1 (MCL 445.571), as amended by 1989 PA 93.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Beverage" means a soft drink, soda water, carbonated
natural or mineral water, or other nonalcoholic carbonated drink;
noncarbonated water; fruit juice or a noncarbonated, nonalcoholic
drink that contains fruit juice; beer, ale, or other malt drink of
whatever alcoholic content; or a mixed wine drink or a mixed spirit
drink.
(b)
"Beverage container" means an 1 of the following:
(i) An airtight metal, glass, paper, or plastic container, or a
container
composed of a combination of these materials, which,
that at the time of sale , contains 1 gallon or
less of a
beverage other than noncarbonated water, fruit juice, or a
noncarbonated, nonalcoholic drink that contains fruit juice.
(ii) An airtight metal, glass, or plastic container that at the
time of sale contains 64 ounces or less of noncarbonated water.
(iii) An airtight metal, glass, or plastic container that at the
time of sale contains 1 gallon or less of fruit juice or a
noncarbonated, nonalcoholic drink that contains fruit juice other
than a container composed in whole or in part of aluminum and
plastic or aluminum and paper in combination if the aluminum
content represents 10% or less of the unfilled container weight and
the unfilled container weight is 5% or less of the filled container
weight.
(c)
"Empty returnable container" means a beverage container
which
that contains nothing except
the residue of its original
contents.
(d) "Returnable container" means a beverage container upon
which
a deposit of at least not
less than 10 cents has been paid,
or is required to be paid upon the removal of the beverage
container from the sale or consumption area, and for which a refund
of
at least not less than 10 cents in cash is payable by every
dealer or distributor in this state of that beverage in beverage
containers, as further provided in section 2.
(e) "Nonreturnable container" means a beverage container upon
which no deposit or a deposit of less than 10 cents has been paid,
or is required to be paid, upon the removal of the beverage
container from the sale or consumption area, or for which no cash
refund or a refund of less than 10 cents is payable by a dealer or
distributor in this state of that beverage in beverage containers,
as further provided in section 2.
(f) "Person" means an individual, partnership, corporation,
limited liability company, association, or other legal entity.
(g)
"Dealer" means a person who that sells or offers for
sale to consumers within this state a beverage in a beverage
container, including an operator of a vending machine containing a
beverage in a beverage container.
(h)
"Operator of a vending machine" means equally its the
owner of a vending machine, the person who refills it, and the
owner or lessee of the property upon which it is located.
(i) "Distributor" means a person who sells beverages in
beverage containers to a dealer within this state, and includes a
manufacturer who engages in such sales.
(j) "Manufacturer" means a person who bottles, cans, or
otherwise places beverages in beverage containers for sale to
distributors, dealers, or consumers.
(k) "Within this state" means within the exterior limits of
the state of Michigan, and includes the territory within these
limits owned by or ceded to the United States of America.
(l) "Commission" means the Michigan liquor
control commission
created in section 209 of the Michigan liquor control code of 1998,
1998 PA 58, MCL 436.1209.
(m)
"Sale or consumption area" means the premises within on
the property of the dealer or of the dealer's lessor where the sale
is
made, within which where beverages in returnable containers
may be consumed without payment of a deposit, and, upon removing a
beverage
container from which, where the customer consumer
is
required by the dealer to pay the deposit.
(n)
"Nonrefillable container" means a returnable container
which
that is not intended to be
refilled for sale by a
manufacturer.
(o) "Mixed wine drink" means a drink or similar product
marketed as a wine cooler and containing less than 7% alcohol by
volume,
consisting of wine and plain
noncarbonated, sparkling, or
carbonated water and containing any 1 or more of the following:
(i) Nonalcoholic beverages.
(ii) Flavoring.
(iii) Coloring materials.
(iv) Fruit juices.
(v) Fruit adjuncts.
(vi) Sugar.
(vii) Carbon dioxide.
(viii) Preservatives.
(p) "Mixed spirit drink" means a drink containing 10% or less
alcohol by volume consisting of distilled spirits mixed with
nonalcoholic
beverages or flavoring or coloring materials and
which
that may also contain water,
fruit juices, fruit adjuncts,
sugar,
carbon dioxide, or preservatives; or any a
spirits based
beverage, regardless of the percent of alcohol by volume, that is
manufactured for sale in a metal beverage container.
Enacting section 1. This amendatory act takes effect January
1, 2007.