HB 6054

HOUSE BILL NO. 6054
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 sections 1, 2a, and 4 (MCL 445.571,
445.572a, and 445.574), section 1 as amended by 1989 PA 93, section 2a as added
by 2008 PA 389, and section 4 as amended by 2021 PA 142, and by adding sections
2b and 2c.
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; 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 airtight metal, glass, paper, or plastic container, or
a container composed of a combination of these materials , which, at the time of
sale, that contains 1 gallon or less of
a beverage at the time of sale.
(c) "Empty
returnable container" means a beverage container which that contains
nothing except the residue of its the original contents of the
beverage container.
(d)
"Returnable container" means a beverage container upon for which a
deposit of at least not less than 10 cents has been paid, or is required
to be paid upon on 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 under
section 2.
(e)
"Nonreturnable container" means a beverage container upon for which no
deposit or a deposit of less than 10 cents has been paid, or is required to be
paid upon on 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 under
section 2.
(f)
"Person" means an individual, partnership, corporation, 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 the vending
machine, the person who that refills it, the vending machine, and the owner or lessee of the
property upon which it where the vending machine is located.
(i)
"Distributor" means a person who that sells beverages in beverage containers to a
dealer within this state, and includes a manufacturer who that engages
in such those sales.
(j)
"Manufacturer" means a person who that 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 this 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 the consumer 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 that
contains less than 7% alcohol by volume, consisting
consists of wine and plain, sparkling,
or carbonated water, and containing any contains 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 that contains 10% or less alcohol by volume
consisting of distilled spirits mixed with nonalcoholic beverages or flavoring
or coloring materials and which may also contain water, fruit juices, fruit
adjuncts, sugar, carbon dioxide, or preservatives; or any spirits based
beverage, regardless of the percent of alcohol by volume, that is manufactured
for sale in a metal container.
(q) "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.
Sec. 2a. (1) Except as provided in
subsection (2), beginning 90 days after the
effective date of the amendatory act that added this section, a
manufacturer of nonalcoholic beverages shall not sell, offer for sale, or give
a nonalcoholic beverage to a consumer, dealer, or distributor 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 12-ounce metal beverage containers in this state in the
preceding calendar year were at least 500,000 cases, as determined by the
department of treasury.
(b) Sales of that
brand of beverage in 12-ounce metal beverage containers in this state in the
preceding calendar year were fewer than 500,000 cases, and 12-ounce metal
beverage containers of that brand of beverage were overredeemed by more than
600,000 containers in the preceding calendar year, as determined by the
department of treasury.
(2) Beginning 90 days after the effective date of the
amendatory act that added this section, a A manufacturer
of nonalcoholic beverages shall not sell, offer for sale, or give a
nonalcoholic beverage to a consumer, dealer, or distributor in the Upper
Peninsula 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 12-ounce metal beverage containers in the Upper Peninsula
were at least 500,000 cases, as determined by the department of treasury.
(b) Sales of that
brand of beverage in 12-ounce metal beverage containers in the Upper Peninsula
in the preceding calendar year were fewer than 500,000 cases, and 12-ounce
metal beverage containers of that brand of beverage were overredeemed in the
Upper Peninsula by more than 600,000 containers in the preceding calendar year,
as determined by the department of treasury.
(3) Except as
provided in subsection (4), beginning 450 days
after the effective date of the amendatory act that added this section, a
manufacturer of nonalcoholic beverages shall not sell, offer for sale, or give
a nonalcoholic beverage to a consumer, dealer, or distributor 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 12-ounce glass beverage containers in this state in the
preceding calendar year were at least 500,000 cases, as determined by the
department of treasury.
(b) Sales of that
brand of beverage in 12-ounce glass beverage containers in this state in the
preceding calendar year were fewer than 500,000 cases, and 12-ounce glass
beverage containers of that brand of beverage were overredeemed by more than
600,000 containers in the preceding calendar year, as determined by the
department of treasury.
(4) Beginning 450 days after the effective date of the
amendatory act that added this section, a A manufacturer
of nonalcoholic beverages shall not sell, offer for sale, or give a
nonalcoholic beverage to a consumer, dealer, or distributor in the Upper
Peninsula 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 12-ounce glass beverage containers in the Upper Peninsula
were at least 500,000 cases, as determined by the department of treasury.
(b) Sales of that
brand of beverage in 12-ounce glass beverage containers in the Upper Peninsula
in the preceding calendar year were fewer than 500,000 cases, and 12-ounce
glass beverage containers of that brand of beverage were overredeemed in the
Upper Peninsula by more than 600,000 containers in the preceding calendar year,
as determined by the department of treasury.
(5) Except as
provided in subsection (6), beginning 450 days
after the effective date of the amendatory act that added this section, a
manufacturer of nonalcoholic beverages shall not sell, offer for sale, or give
a nonalcoholic beverage to a consumer, dealer, or distributor 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 20-ounce plastic beverage containers in this state in the
preceding calendar year were at least 500,000 cases, as determined by the
department of treasury.
(b) Sales of that
brand of beverage in 20-ounce plastic beverage containers in this state in the
preceding calendar year were fewer than 500,000 cases, and 20-ounce plastic
beverage containers of that brand of beverage were overredeemed by more than
600,000 containers in the preceding calendar year, as determined by the
department of treasury.
(6) Beginning 450 days after the effective date of the
amendatory act that added this section, a A manufacturer
of nonalcoholic beverages shall not sell, offer for sale, or give a
nonalcoholic beverage to a consumer, dealer, or distributor in the Upper
Peninsula 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 20-ounce plastic beverage containers in the Upper
Peninsula were at least 500,000 cases, as determined by the department of
treasury.
(b) Sales of that
brand of beverage in 20-ounce plastic beverage containers in the Upper
Peninsula in the preceding calendar year were fewer than 500,000 cases, and
20-ounce plastic beverage containers of that brand of beverage were
overredeemed in the Upper Peninsula by more than 600,000 containers in the
preceding calendar year, as determined by the department of treasury.
(7) Beginning 90 days after the effective date of the
amendatory act that added this section, a A manufacturer
of alcoholic beverages shall not sell, offer for sale, or give an alcoholic
beverage to a consumer, dealer, or distributor 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 department of treasury.
(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 600,000 containers in the preceding calendar
year, as determined by the department of treasury.
(8) Beginning 450 days after the effective date of the
amendatory act that added this section, a A manufacturer
of alcoholic beverages shall not sell, offer for sale, or give an alcoholic
beverage to a consumer, dealer, or distributor 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 department of treasury.
(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 600,000 containers in the preceding calendar
year, as determined by the department of treasury.
(9) Beginning 450 days after the effective date of the
amendatory act that added this section, a A manufacturer
of alcoholic beverages shall not sell, offer for sale, or give an alcoholic
beverage to a consumer, dealer, or distributor 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 department of treasury.
(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 600,000 containers in the preceding calendar
year, as determined by the department of treasury.
(10) A symbol,
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.
(11) A person that
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.
(12) As used in
this section:
(a) "Alcoholic
beverage" means beer, ale, any other malt drink of whatever alcoholic
content, a mixed wine drink, or a mixed spirit drink.
(b)
"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 flavor or type of beverage and to distinguish that flavor or type of
beverage from another beverage produced or marketed by that manufacturer or
another manufacturer.
(c)
"Designated glass container" means a 12-ounce glass beverage
container that contains a symbol, mark, or other distinguishing characteristic
that allows a reverse vending machine to determine if the beverage container is
or is not a returnable container.
(d)
"Designated metal container" means a 12-ounce metal beverage
container that contains a symbol, mark, or other distinguishing characteristic
that allows a reverse vending machine to determine if the beverage container is
or is not a returnable container.
(e)
"Designated plastic container" means a 20-ounce plastic beverage
container that contains a symbol, mark, or other distinguishing characteristic
that allows a reverse vending machine to determine if the beverage container is
or is not a returnable container.
(f) "Glass
beverage container" means a beverage container composed primarily of
glass.
(g) "Metal
beverage container" means a beverage container composed primarily of
metal.
(h)
"Nonalcoholic beverage" means a soft drink, soda water, carbonated
natural or mineral water, or other nonalcoholic carbonated drink.
(i) "Plastic
beverage container" means a beverage container composed primarily of
plastic.
(j) "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.
Sec. 2b. (1) A
dealer that provides a reverse vending machine as a method to redeem beverage containers
shall provide counter redemption of beverage containers when the reverse
vending machine is inoperable or does not accept a type of beverage container
sold or offered for sale by the dealer.
(2) If the department of attorney general receives a complaint of a
violation of this section, the department shall investigate to determine if a
violation of this section has occurred.
(3) If the department of attorney general determines that a violation of
this section has occurred, the department shall provide a dealer with a written
notice of the violation and the opportunity to cure the violation. The written
notice must inform the dealer that the dealer must cure the violation not later
than 15 days after receipt of the notice.
(4) Subject to subsection (5), if the dealer does not cure the noticed
violation within
15 days after receiving the written notice under
subsection (3), the dealer is subject to a civil fine of not more than $500.00
per violation. Each day a violation occurs, a separate offense is committed.
(5) If a violation of this section continues for more than 60
consecutive days, a civil fine of not more than $1,000.00 per day for each day
that a violation continues after the initial 60-day period.
Sec. 2c. (1)
A dealer shall post, at the point of sale and within the area of redemption, a
conspicuous sign that states the following: "CONSUMER BOTTLE BILL OF
RIGHTS: State law requires us to redeem empty returnable beverage containers of
the same kind, size, and brand that we sell or offer for sale. You have the
right to get your deposit refund in cash, without proof of purchase; the right
to return your empty returnable beverage containers any day and any hour,
except for the first and last hour of the dealer's business day; and the right
to return your containers if they are empty and intact. Washing containers is
not required by law, but is strongly recommended to maintain sanitary
conditions. To report a violation, call 877-765-8388 or contact the Michigan attorney
general at www.michigan.gov/consumerprotection."
(2) If the
department of attorney general receives a report of a violation of this
section, the department shall investigate to determine if a violation of this
section has occurred.
(3) The
department of treasury, the commission, the department of attorney general, the
department of state police, and local law enforcement may inspect a dealer as
necessary to determine compliance with this section.
(4) If an
investigation under subsection (2) or an inspection under subsection (3)
determines that a violation of this section has occurred, the department of
attorney general shall provide a dealer with a written notice of the violation
and the opportunity to cure the violation. The written notice must inform the
dealer that the dealer must cure the violation not later than 15 days after
receipt of the notice.
(5) Subject
to subsection (6), if the dealer does not cure the noticed violation within 15
days after receiving the written notice under subsection (4), the dealer is
subject to a civil fine of not more than $500.00 per violation. Each day a
violation occurs, a separate offense is committed.
(6) If a
violation of this section continues for more than 60 consecutive days, the
dealer is subject to a civil fine of not more than $1,000.00 per day for each
day that a violation continues after the initial 60-day period.
Sec. 4. (1) Except as provided in subsection (2) and
sections 2b, 2c, 4a,
and 4b, a dealer, distributor, manufacturer, or other person that violates this
act is subject to a civil fine of not less than
$100.00 or more than $1,000.00 and is liable for the costs of prosecution. Each
day a violation occurs, a separate offense is committed.
(2) Subject to
subsection (3), a distributor that, with the intent to defraud or cheat,
violates section 4c is guilty of a crime punishable as follows:
(a) If the filled
beverage containers of the nonalcoholic beverages purchased in another state
have a value of less than $200.00, the distributor is guilty of a misdemeanor
punishable by imprisonment for not more than 93 days,
or a fine of not more than $500.00 or 3
times the value, whichever is greater, or both. imprisonment and a fine.
(b) If either of
the following applies, the distributor is guilty of a misdemeanor punishable by
imprisonment for not more than 1 year, or a fine of not more than $2,000.00 or 3 times
the value, whichever is greater, or both: imprisonment and a fine:
(i) The filled beverage containers of the
nonalcoholic beverages purchased in another state have a value of $200.00 or
more but less than $10,000.00.
(ii) The distributor violates subdivision (a)
and has 1 or more prior convictions for committing or attempting to commit an
offense under this subsection.
(c) If either of
the following applies, the distributor is guilty of a felony punishable by
imprisonment for not more than 5 years, or a fine of not more than $10,000.00 or 3 times
the value, whichever is greater, or both: imprisonment and a fine:
(i) The filled beverage containers of the
nonalcoholic beverages purchased in another state have a value of $10,000.00 or
more but less than $20,000.00.
(ii) The distributor violates subdivision
(b)(i) and
has 1 or more prior convictions for committing or attempting to commit an
offense under this subsection. For purposes of this subparagraph, a prior
conviction does not include a conviction for a violation or attempted violation
of subdivision (a) or (b)(ii).
(d) If either of
the following applies, the distributor is guilty of a felony punishable by
imprisonment for not more than 15 years, or a fine of not more than $15,000.00 or 3 times
the value, whichever is greater, or both: imprisonment and a fine:
(i) The filled beverage containers of the
nonalcoholic beverages purchased in another state have a value of $20,000.00 or
more but less than $50,000.00.
(ii) The distributor violates subdivision
(c)(i) and
has 2 or more prior convictions for committing or attempting to commit an
offense under this section. For purposes of this subparagraph, a prior
conviction does not include a conviction for a violation or attempted violation
of subdivision (a) or (b)(ii).
(e) If either of
the following applies, the distributor is guilty of a felony punishable by
imprisonment for not more than 15 years, or a fine of not more than $25,000.00 or 3 times
the value, whichever is greater, or both: imprisonment and a fine:
(i) The filled beverage containers of the
nonalcoholic beverages purchased in another state have a value of $50,000.00 or
more but less than $100,000.00.
(ii) The distributor violates subdivision
(d)(i) and
has 2 or more prior convictions for committing or attempting to commit an
offense under this section. For purposes of this subparagraph, a prior
conviction does not include a conviction for a violation or attempted violation
of subdivision (a) or (b)(ii).
(f) If either of
the following applies, the distributor is guilty of a felony punishable by
imprisonment for not more than 20 years, or a fine of not more than $35,000.00 or 3 times
the value, whichever is greater, or both: imprisonment and a fine:
(i) The filled beverage containers of the
nonalcoholic beverages purchased in another state have a value of $100,000.00
or more.
(ii) The distributor violates subdivision
(e)(i) and
has 2 or more prior convictions for committing or attempting to commit an
offense under this section. For purposes of this subparagraph, a prior
conviction does not include a conviction for a violation or attempted violation
of subdivision (a) or (b)(ii).
(3) All of the
following apply for purposes of subsection (2):
(a) The values of
filled beverage containers of the nonalcoholic beverages purchased in another
state in separate incidents pursuant to in accordance with a scheme or course of conduct
within any 12-month period may be aggregated to determine the total value
involved in the violation of subsection (2).
(b) If the
prosecuting attorney intends to seek an enhanced sentence based upon on the
defendant having 1 or more prior convictions, the prosecuting attorney shall
include on the complaint and information a statement listing the prior
conviction or convictions. The existence of the defendant's prior conviction or
convictions must be determined by the court, without a jury, at sentencing or
at a separate hearing for that purpose before sentencing. The existence of a
prior conviction may be established by any evidence relevant for that purpose,
including, but not limited to, 1 or more of the following:
(i) A copy of the judgment of conviction.
(ii) A transcript of a prior trial,
plea-taking, or sentencing.
(iii) Information contained in a presentence
report.
(iv) The defendant's statement.
(c) If the sentence
for a conviction under subsection (2) is enhanced by 1 or more prior
convictions, those prior convictions must not be used to further enhance the
sentence for the conviction under section 10, 11, or 12 of chapter IX of the
code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12.