Michigan Laws 445.667 – Violations; penalties; restitution
Current as of: 2023 | Check for updates
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Attorney's Note
Under the Michigan Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| G | up to 2 years |
Terms Used In Michigan Laws 445.667
- Beverage container: means that term as defined in section 1 of the beverage container law, MCL 445. See Michigan Laws 445.653
- 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
- Manufacturer: means that term as defined in section 1 of the beverage container law, MCL 445. See Michigan Laws 445.653
- Person: means an individual, partnership, corporation, association, limited liability company, governmental entity, or other legal entity. See Michigan Laws 445.653
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- 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 445.653state: 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 Update: means to install vision technology for designated metal, plastic, or glass beverage containers in an existing, new, or replacement reverse vending machine. See Michigan Laws 445.653
(1) A person who violates section 11 or 13(1) is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $10,000.00, or both.
(2) Except as provided in subsection (1), and subject to subsections (3) and (4), a person that violates this act is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $5,000.00, or both.
(3) A dealer or reverse vending machine manufacturer is not considered in violation of section 7(1) or 9(1) if the department has not made money available to the reverse vending machine manufacturer under the beverage container redemption antifraud act to update the dealer’s reverse vending machines.
(4) A dealer is not considered in violation of the requirements imposed on a dealer in section 7(1) or 9(1) if the dealer is using the reverse vending machines of a reverse vending machine manufacturer and the reverse vending machines of that reverse vending machine manufacturer cannot be retrofitted due to the lack of technology to meet the standards described in subdivisions (a) and (b) of section 7(1) or 9(1).
(5) In addition to the penalty imposed under subsection (1) or (2), a court shall order a person convicted of a violation of this act to make restitution to this state and to any dealer or distributor for any loss caused by the violation.