February 12, 2003, Introduced by Senators SWITALSKI, PATTERSON, CLARKE, BASHAM, BRATER, CLARK-COLEMAN, JACOBS and LELAND and referred to the Committee on Natural Resources and Environmental Affairs.
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:
1 Sec. 1. As used in this act:
2 (a)
"Beverage" means a soft drink, soda or other carbonated
3 or noncarbonated water;
, carbonated natural or mineral water,
4 or other nonalcoholic
carbonated drink; beer, ale, or
other malt
5 drink of whatever
alcoholic content; or a mixed wine drink or a
6 mixed spirit drink; or a nonalcoholic carbonated or noncarbonated
7 drink in liquid form and intended for internal human consumption,
8 except for unflavored rice milk, unflavored soymilk, milk, or a
1 dairy-derived product.
2 (b) "Beverage
container" means an 1 of the following:
3 (i) An airtight metal, glass, paper, or plastic container, or
4 a container composed of a combination of these materials, which
5 , at the time of sale , contains 1 gallon or
less of a
6 beverage other than a nonalcoholic beverage.
7 (ii) An airtight metal, glass, or plastic container which at
8 the time of sale contains 1 gallon or less of a nonalcoholic
9 beverage other than a container composed in whole or in part of
10 aluminum and plastic or aluminum and paper in combination if the
11 aluminum content represents 10% or less of the unfilled container
12 weight and the unfilled container weight is 5% or less of the
13 filled container weight.
14 (c) "Empty returnable container" means a beverage container
15 which that contains nothing except the residue of
its original
16 contents.
17 (d) "Returnable container" means a beverage container upon
18 which a deposit of at
least not less than 10 cents has been
19 paid, or is required to be paid upon the removal of the beverage
20 container from the sale or consumption area, and for which a
21 refund of at least not
less than 10 cents in cash is payable by
22 every dealer or distributor in this state of that beverage in
23 beverage containers, as further provided in section 2.
24 (e) "Nonreturnable container" means a beverage container upon
25 which no deposit or a deposit of less than 10 cents has been
26 paid, or is required to be paid, upon the removal of the beverage
27 container from the sale or consumption area, or for which no cash
1 refund or a refund of less than 10 cents is payable by a dealer
2 or distributor in this state of that beverage in beverage
3 containers, as further provided in section 2.
4 (f) "Person" means an individual, partnership, corporation,
5 limited liability company, association, or other legal entity.
6 (g) "Dealer" means a person who sells or offers for sale to
7 consumers within this state a beverage in a beverage container,
8 including an operator of a vending machine containing a beverage
9 in a beverage container.
10 (h) "Operator of a vending machine" means equally its owner,
11 the person who refills it, and the owner or lessee of the
12 property upon which it is located.
13 (i) "Distributor" means a person, including a manufacturer,
14 who sells beverages in beverage containers to a dealer within
15 this state. ,
and includes a manufacturer who engages in such
16 sales.
17 (j) "Manufacturer" means a person who bottles, cans, or
18 otherwise places beverages in beverage containers for sale to
19 distributors, dealers, or consumers.
20 (k) "Within this state" means within the exterior limits of
21 the state of Michigan, and includes the territory within these
22 limits owned by or ceded to the United States of America.
23 (l) "Commission" means the Michigan
liquor control
24 commission created in section 209 of the Michigan liquor control
25 code of 1998, 1998 PA 58, MCL 436.1209.
26 (m) "Sale or
consumption area" means the premises within on
27 the property of the dealer or of the dealer's lessor where the
1 sale is made, within
which where beverages in returnable
2 containers may be
consumed without payment of a deposit, and ,
3 upon removing a
beverage container from which, the customer is
4 required by where a consumer may not remove a beverage
container
5 without the dealer requiring
him or her to pay the a deposit.
6 (n) "Nonrefillable container" means a returnable container
7 which that is not intended to be refilled for sale by
a
8 manufacturer.
9 (o) "Mixed wine drink" means a drink or similar product
10 marketed as a wine cooler and containing less than 7% alcohol by
11 volume, consisting of wine and plain, sparkling, or carbonated
12 water and containing any 1 or more of the following:
13 (i) Nonalcoholic beverages.
14 (ii) Flavoring.
15 (iii) Coloring materials.
16 (iv) Fruit juices.
17 (v) Fruit adjuncts.
18 (vi) Sugar.
19 (vii) Carbon dioxide.
20 (viii) Preservatives.
21 (p) "Mixed spirit drink" means a drink containing 10% or less
22 alcohol by volume consisting of distilled spirits mixed with
23 nonalcoholic beverages or flavoring or coloring materials and
24 which that may also contain water, fruit juices,
fruit
25 adjuncts, sugar, carbon
dioxide, or preservatives; or any a
26 spirits based beverage, regardless of the percent of alcohol by
27 volume, that is manufactured for sale in a metal beverage
1 container.
2 (q) "Unflavored soymilk" means a liquid containing no
3 additional flavoring ingredients and intended for internal human
4 consumption, the primary protein source of which is soy protein
5 derived from whole soybeans, isolated soy protein, soy protein
6 concentrate, soy flour, spray-dried tofu, or spray-dried
7 soymilk.
8 (r) "Rice milk" means a liquid intended for internal human
9 consumption of which the primary protein source is rice protein
10 derived from partially milled brown rice.
11 Enacting section 1. This amendatory act takes effect
12 January 1, 2005.