HB 6053

HOUSE BILL NO. 6053
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 2 (MCL 445.572), as amended by 1998
PA 473.
the people of the state of michigan enact:
Sec. 2. (1) A dealer within this state shall not sell,
offer for sale, or give to a consumer a nonreturnable container or a beverage
in a nonreturnable container.
(2) A dealer who that regularly
sells beverages for consumption off the dealer's premises shall provide on the
premises, or within 100 yards of the premises on which the dealer sells or
offers for sale a beverage in a returnable container,
and at a minimum during the designated hours of operation, a convenient
means whereby the for
containers of any kind, size, and brand sold or offered for sale by the
dealer may to be
returned by, and the deposit refunded in cash to, a person whether or not the
person is the original customer of that dealer, and whether or not the
container was sold by that dealer.
(3) Regional
centers for the redemption of returnable containers may be established, in
addition to but not as substitutes for, the means established for refunds of
deposits prescribed in subsection (2).
(4) Except as
provided in subsections (5) and (7), a dealer shall accept from a person an
empty returnable container of any kind, size, and brand sold or offered for
sale by that dealer and pay to that person its the full refund value of the
container in cash.
(5) A dealer who that does not
require a deposit on a returnable container when the contents are consumed in
the dealer's sale or consumption area is not required to pay a refund for
accepting that empty container.
(6) Except as
provided in subsection (7), a distributor shall accept from a dealer an empty
returnable container of any kind, size, and brand sold or offered for sale by
that distributor and pay to the dealer its the full refund value of the
container in cash.
(7) Each beverage
container sold or offered for sale by a dealer within this state shall must clearly
indicate by embossing or by a stamp, a label, or other method securely affixed
to the beverage container, the refund value of the container and the name of
this state. A dealer or distributor may, but is not required to, refuse to
accept from a person an empty returnable container which
that does not state on the container the
refund value of the container and the name of this state. This subsection does
not apply to a refillable container having that has a refund value of not less than 10 cents, having has a brand
name permanently marked on it, and having has a securely affixed method of indicating that it
is a returnable container.
(8) A dealer within
this state shall not sell, offer for sale, or give to consumers a metal
beverage container, any part of which becomes detached when opened.
(9) A person,
dealer, distributor, or manufacturer shall not return an empty container to a
dealer for a refund of the deposit if a dealer has already refunded the deposit
on that returnable container. This subsection does not prohibit a dealer from
refunding the deposit on an empty returnable container each time the returnable
container is sanitized by the manufacturer and reused as a beverage container.
(10) A dealer may
accept, but is not required to accept, from a person, empty returnable
containers for a refund in excess of $25.00 on any given day.
(11) A manufacturer
that is licensed by the commission shall not
require a distributor that is licensed by the
commission to pay a deposit to the manufacturer on a nonrefillable container.
However, a manufacturer that is licensed by the
commission and a distributor that is licensed
by the commission may enter into an agreement providing that either or both may
originate a deposit or any portion of a deposit on a nonrefillable container if
the agreement is entered into freely and without coercion.
(12) A manufacturer
shall refund the deposit paid on any container returned by a distributor for
which a deposit has been was paid by a distributor to the manufacturer.
(13) Subsections
(4), (6), and (7) apply only to a returnable container that was originally sold
in this state as a filled returnable container.
(14) As used in this section, "designated hours of operation"
means either of the following:
(a) Except as otherwise provided in subdivision (b), between 8 a.m. and
11 p.m.
(b) If a dealer does not normally operate the dealer's premises between
8 a.m. and 11 p.m., any period of time between 8 a.m. and 11 p.m. when the
premises is normally operated by the dealer.