December 19, 2018, Introduced by Reps. Rabhi, Wittenberg and Sowerby and referred to the Committee on Commerce and Trade.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending the heading of part 163 and sections 16301 and 16303
(MCL 324.16301 and 324.16303) and by adding sections 16304, 16305,
16306, 16307, and 16308.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 163. PLASTIC DEGRADABLE CONTAINERS PLASTICS
Sec. 16301. As used in this part:
(a) "Containers" means glass, metal, or plastic bottles, cans,
jars, or other receptacles that contain any substance.
(b) "Degradable" means capable of being broken down by
biodegradation, photodegradation, or chemical degradation into
component parts within 360 days under exposure to the elements.
(c) "Department" means the department of environmental
quality.
(d) "Director" means the director of the department, or his or
her designee.
(e) "Distribute" means to sell, offer for sale, or otherwise
transfer possession of an item for compensation, either as a
separate transaction or as part of the sale, offer for sale, or
other transfer of possession of another item for compensation.
(f) "Egg carton" means a carton for raw eggs sold to consumers
from a refrigerator case or similar retail appliance.
(g) "Food service ware" means containers, bowls, plates,
trays, cups, lids, and other like items that are designed for 1-
time use for prepared foods, including takeout foods or leftovers
from partially consumed meals prepared by food vendors. Food
service ware does not include items composed entirely of aluminum
or include coolers or ice chests.
(h) "Food vendor" means a restaurant or retail food vendor
located or operating within this state.
(i) "Meat and fish tray" means a tray for raw meat, fish, or
poultry sold to consumers from a refrigerator case or similar
retail appliance.
(j) "Packing material" means material used to hold, cushion,
or protect items packed in a container for shipping, transport, or
storage.
(k) "Polystyrene foam" means blown polystyrene and expanded
and extruded foams that are thermoplastic petrochemical materials
utilizing a styrene monomer and processed by techniques, including,
but not limited to, fusion of polymer spheres (expandable bead
polystyrene), injection molding, foam molding, and extrusion-blown
molding (extruded foam polystyrene).
(l) "Prepared food" means food or beverages that are serviced,
packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed,
or otherwise prepared for individual customers or consumers.
Prepared food does not include raw eggs or raw, butchered meats,
fish, or poultry sold from a butcher case, a refrigerator case, or
similar retail appliance.
(m) "Restaurant" means an establishment that sells prepared
food for consumption on, near, or off its premises. A restaurant
may be a permanent or temporary facility, cart, vehicle, or mobile
unit.
(n) "Retail food vendor" means a store, shop, sales outlet, or
other establishment, including a grocery store or a delicatessen,
that sells prepared food and that is not a restaurant.
(o) "State contractor or lessee" means a person or entity that
has a contract with this state for public works or improvements to
be performed, for a franchise, concession, or lease of property,
for grant money or for goods, services, or supplies to be purchased
at the expense of this state or to be paid out of money deposited
in the state treasury or out of trust money under the control of or
collected by this state.
(p) "State facility" means any building, structure, or vehicle
owned or operated by this state.
(q) "State facility food provider" means an entity that
provides, but does not sell, prepared food in a state facility.
Sec. 16303. A person who violates this part section 16302 is
guilty of a misdemeanor punishable by a fine of $500.00 for each
day this part section 16302 is violated.
Sec. 16304. A person shall not distribute within this state
any food service ware made, in whole or in part, from polystyrene
foam.
Sec. 16305. (1) A food vendor shall not distribute prepared
food in food service ware made, in whole or in part, from
polystyrene foam.
(2) A state facility food provider shall not provide prepared
food to a state facility in food service ware made, in whole or in
part, from polystyrene foam.
(3) A state department shall not purchase, acquire, or use
food service ware for prepared food if the food service ware is
made, in whole or in part, from polystyrene foam.
(4) A state contractor or lessee shall not use food service
ware for prepared food in a state facility while acting under a
state contract or lease if the food service ware is made, in whole
or in part, from polystyrene foam.
(5) It is not a violation of this section to distribute,
provide, purchase, acquire, or use prepared food packaged in food
service ware otherwise prohibited by subsections (1) to (3), or to
use food service ware otherwise prohibited by subsection (4), if
the prepared food is packaged outside this state and is sold or
otherwise provided to the consumer in the same food service ware in
which it originally was packaged.
Sec. 16306. (1) A person shall not distribute for compensation
within this state any of the following if made, in whole or in
part, from polystyrene foam that is not wholly encapsulated or
encased within a more durable material:
(a) Packing material, including a shipping box or packing
peanuts.
(b) A cooler, ice chest, or similar container.
(c) A pool or beach toy.
(d) A dock float, mooring buoy, or anchor or navigation
marker.
(2) A person shall not distribute for compensation within this
state a meat and fish tray or egg carton made, in whole or in part,
from polystyrene foam, either as a separate item or as part of the
sale of raw meat, fish, poultry, or eggs sold to a consumer from a
refrigerator case or similar retail appliance.
(3) For purposes of this section, distribution of packing
material includes using packing material to hold, cushion, or
protect items to be packed in a container for shipping, transport,
or storage, for compensation, if the packing takes place within
this state.
(4) For purposes of this section, distribution of packing
material does not include any of the following:
(a) Receiving a shipment within this state that includes
polystyrene foam used as packing material.
(b) Reusing packing material for shipping, transport, or
storage within the same distribution system, if the packing
material is not sent to a consumer or end user.
(c) Donating used packing material to another person, if the
donor receives nothing of value for the donated packing material.
(d) Using packing material donated under subdivision (c) for
shipping, transport, or storage, if the person using the packing
material receives nothing of value for the donated packing
material.
(5) Subsection (1) does not apply to packing material or a
cooler, ice chest, or similar container used for temperature-
controlled shipping for medical, veterinary, or research purposes,
including, but not limited to, the shipping of breast milk,
medicine, an organ, tissue, an embryo, or gametes for such
purposes.
Sec. 16307. (1) Pursuant to the administrative procedures act
of 1969, 1969 PA 306, MCL 24.201 to 24.328, the director may
promulgate rules to implement this part.
(2) The director may waive the requirements of section 16304,
16305(1), or 16306(1) or (2) under either of the following
circumstances:
(a) The applicant for the waiver demonstrates to the
director's satisfaction that there is no reasonably feasible
alternative available for a specific noncompliant product.
(b) The applicant for the waiver demonstrates to the
director's satisfaction both of the following:
(i) That the applicant has a gross income of less than
$500,000.00 on the applicant's annual federal income tax filing for
the most recent tax year.
(ii) That there is no suitable and reasonably affordable
alternative available for a specific noncompliant product.
(3) The director may waive the requirements of section
16305(2), (3), or (4) upon the request of a state officer,
employee, or department if the applicant for the waiver
demonstrates, to the director's satisfaction, either of the
following:
(a) Strict application of the specific requirement would
create an undue hardship or practical difficulty not generally
applicable to other persons in similar circumstances.
(b) The waiver is otherwise justified.
(4) In addition to individual waivers provided for under
subsections (2) and (3), the director may waive the requirements of
section 16306 with respect to a particular category of uses of
packing materials or of egg cartons or meat and fish trays made, in
whole or in part, from polystyrene foam if the director determines
that no suitable and reasonably affordable alternative to use of
the noncompliant product is feasible. The director's determination
is final and not subject to appeal.
(5) To apply for a waiver under subsection (2) or (3), a
person shall submit to the department a written application on a
form approved by the director. The director may require the
applicant to submit additional information or documentation to make
a determination regarding the waiver requested. The director shall
review applications on a case-by-case basis.
(6) The director may grant a waiver under subsection (2), (3),
or (4) in whole or in part, with or without conditions, for up to 3
years. A waiver under subsection (2) may be renewed. To maintain a
continuous waiver status, an applicant for renewal of a waiver
under subsection (2) must apply for a new waiver not later than 60
days before the expiration of the then-current waiver. The director
shall review each renewal application and base his or her
determination on the most current information available.
Sec. 16308. (1) A person who violates section 16303, 16305(1),
(2), or (4), or 16306 is responsible for a civil fine as follows:
(a) For a first violation, not more than $250.00.
(b) For a second violation, not more than $1,000.00.
(2) A violation described in subsection (1) may be prosecuted
by the prosecutor of the county where the violation occurred or by
the attorney general. A civil fine under subsection (1) shall be
deposited in the recycling initiative fund created in section
17711.
(3) A person who violates section 16303, 16305(1), (2), or
(4), or 16306 a third or subsequent time is guilty of a misdemeanor
punishable by imprisonment for not more than 6 months or a fine of
not more than $2,500.00, or both.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 99th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No.____ (request no.
06918'18).
(b) Senate Bill No.____ or House Bill No.____ (request no.
06918'18 a).
(c) Senate Bill No.____ or House Bill No.____ (request no.
06918'18 b).