Michigan Laws 445.2079 – Tagging and holding plastic bulk merchandise container
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 445.2079
- Dealer: means a person, including, but not limited to, a person that operates a business as a plastics recycler, processor, or shredder or reseller, that purchases plastic bulk merchandise containers from any seller other than the manufacturer of the bulk merchandise containers or an authorized dealer or distributor of those containers. See Michigan Laws 445.2073
- Documentation: means a signed statement that indicates where a person obtained a plastic bulk merchandise container offered for sale, indicates that a person is authorized to sell a plastic bulk merchandise container, or provides other evidence that reasonably demonstrates ownership of a plastic bulk merchandise container offered for sale and the source of the container. See Michigan Laws 445.2073
- Person: means an individual, partnership, corporation, limited liability company, or other legal entity. See Michigan Laws 445.2073
- Plastic bulk merchandise container: means a plastic pallet, crate, container, or shell used by a producer, distributor, or retailer for the bulk transportation or storage of goods for sale at retail, including, but not limited to, food or beverages. See Michigan Laws 445.2073
- Seller: means a person that sells, barters, or trades a plastic bulk merchandise container to a dealer. See Michigan Laws 445.2073
(1) A dealer shall tag and hold a plastic bulk merchandise container purchased from a seller for at least 7 days if any of the following are met:
(a) The plastic bulk merchandise container has altered or obliterated serial numbers, and the person that delivers the plastic bulk merchandise container does not have a written receipt or documentation for the container.
(b) There is identifying information shown on the plastic bulk merchandise container; because of that information, the dealer knows or reasonably should know that the plastic bulk merchandise container is or was the property of a specific business; and the person delivering the plastic bulk merchandise container does not have a written receipt or documentation for the container.
(c) The plastic bulk merchandise container is subject to a notification or bulletin from any law enforcement agency that the dealer received before the purchase of the plastic bulk merchandise container.
(2) Section 7 applies to a purchase of a plastic bulk merchandise container that is subject to subsection (1).
(3) Subsection (1) does not apply to a dealer’s purchase of a plastic bulk merchandise container from another dealer if that other dealer complied with subsection (1) concerning that container.
(4) If subsection (1) did not apply to the initial purchase of a plastic bulk merchandise container by a dealer, subsection (1) does not apply to the resale of that container by the dealer to another dealer.