SENATE BILL NO. 167

February 24, 2021, Introduced by Senators MCCANN, IRWIN, POLEHANKI, CHANG, BAYER, ALEXANDER and GEISS and referred to the Committee on Regulatory Reform.

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, 2, 2a, 3c, 3e, and 3f (MCL 445.571, 445.572, 445.572a, 445.573c, 445.573e, and 445.573f), section 1 as amended by 1989 PA 93, section 2 as amended by 1998 PA 473, section 2a as added by 2008 PA 389, and section 3c as amended and sections 3e and 3f as added by 1996 PA 384, and by adding section 3g.

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, wine, spirits, 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 plant-based milks or dairy-derived products.

(b) "Beverage container" means an any of the following:

(i) An airtight metal, glass, paper, or plastic container, or a container composed of a combination of these materials, which , that at the time of sale , contains 1 gallon or less of a carbonated or alcoholic beverage or more than 0.1 liters but less than 3 liters of a noncarbonated and nonalcoholic beverage.

(ii) An airtight metal, glass, or plastic container that 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 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 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 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