Bill Text: MI SB0054 | 2009-2010 | 95th Legislature | Introduced

---

Bill Title: Trade; containers; beverages and beverage containers subject to bottle deposit; expand. Amends sec. 1 of 1976 IL 1 (MCL 445.571).

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2009-01-27 - Referred To Committee On Natural Resources And Environmental Affairs [SB0054 Detail]

Download: Michigan-2009-SB0054-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 54

 

 

January 27, 2009, Introduced by Senators SWITALSKI, BASHAM and JACOBS and referred to the Committee on Natural Resources and Environmental Affairs.

 

 

 

     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,"

 

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 or other carbonated or

 

noncarbonated water; , carbonated natural or mineral water, or

 

other nonalcoholic carbonated drink; beer, ale, or other malt drink

 

of whatever alcoholic content; or a mixed wine drink or a mixed

 

spirit drink; or a nonalcoholic carbonated or noncarbonated drink

 

in liquid form and intended for internal human consumption, except

 

for unflavored rice milk, unflavored soymilk, milk, or a dairy-

 

derived product.

 

     (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 , at

 

the time of sale , contains 1 gallon or less of a beverage other

 

than a nonalcoholic beverage.

 

     (ii) An airtight metal, glass, or plastic container which at

 

the time of sale contains 1 gallon or less of a nonalcoholic

 

beverage 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 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 owner,

 

the person who refills it, and the owner or lessee of the property

 

upon which it is located.

 

     (i) "Distributor" means a person, including a manufacturer,

 

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, the customer is required by where a

 

consumer may not remove a beverage container without the dealer

 

requiring him or her to pay the a 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, 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.

 

     (q) "Unflavored soymilk" means a liquid containing no

 

additional flavoring ingredients and intended for internal human

 

consumption, the primary protein source of which is soy protein

 

derived from whole soybeans, isolated soy protein, soy protein

 

concentrate, soy flour, spray-dried tofu, or spray-dried soymilk.

 

     (r) "Rice milk" means a liquid intended for internal human

 

consumption of which the primary protein source is rice protein

 

derived from partially milled brown rice.

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2011.