Terms Used In Michigan Laws 445.659

  • Dealer: means that term as defined in section 1 of the beverage container law, MCL 445. See Michigan Laws 445.653
  • Department: means the department of treasury. See Michigan Laws 445.653
  • Distributor: means that term as defined in section 1 of the beverage container law, MCL 445. See Michigan Laws 445.653
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Manufacturer: means that term as defined in section 1 of the beverage container law, MCL 445. See Michigan Laws 445.653
  • 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. See Michigan Laws 445.653
  • Reverse vending machine manufacturer: means a person that engages in any of the following and the representatives of that person:
  (i) Designing or manufacturing a reverse vending machine. See Michigan Laws 445.653
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  •   (1) Subject to subsection (2), beginning 720 days after the effective date of this act, a reverse vending machine manufacturer shall not lease, sell, or otherwise transfer a reverse vending machine that processes glass beverage containers or plastic beverage containers for use in any county of this state that borders another state, or any county in the Lower Peninsula that is contiguous with a county of this state that borders another state, and a dealer shall not use a reverse vending machine that processes glass beverage containers or plastic beverage containers in any of those counties, if the reverse vending machine does not meet the following standards:
      (a) It identifies at least 85% of appropriately marked and legible designated glass containers and designated plastic containers that are or are not nonreturnable containers, and authorizes or provides a refund only for those containers identified as returnable containers or refuses to provide or authorize a refund for those containers identified as nonreturnable containers.
      (b) It maintains accurate data concerning the number of beverage containers accepted by that reverse vending machine, categorized according to the distributor of those beverage containers.
      (2) If a reverse vending machine manufacturer demonstrates to the department‘s satisfaction that material and technical issues prevent the reverse vending machine manufacturer from meeting the requirements of subsection (1) by the date described in that subsection, the department may grant an extension of that date of not more than 180 days. The department may grant a second extension of not more than an additional 180 days, but only if the department determines that the reverse vending machine manufacturer gave its best effort to meeting the requirements of subsection (1) before the end of the first extension.