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VMP H04682'25_HB6054_INTR_1 30masf
HOUSE BILL NO. 6054
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, 2a, and 4 (MCL 445.571, 445.572a, and
445.574), section 1 as amended by 1989 PA 93, section 2a as added
by 2008 PA 389, and section 4 as amended by 2021 PA 142, and by
adding sections 2b and 2c.
June 04, 2026, Introduced by Reps. Wozniak, Rogers, Longjohn, Herzberg, Hoadley, McKinney,
Wilson, Conlin, Rheingans, T. Carter, Coffia, Morgan, Brixie, Price, Dievendorf, McFall,
Glanville, Skaggs and Young and referred to Committee on Regulatory Reform.
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VMP H04682'25_HB6054_INTR_1 30masf
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act: 1
(a) "Beverage" means a soft drink, soda water, carbonated 2
natural or mineral water, or other nonalcoholic carbonated drink; 3
beer, ale, or other malt drink of whatever alcoholic content; or a 4
mixed wine drink or a mixed spirit drink. 5
(b) "Beverage container" means an airtight metal, glass, 6
paper, or plastic container, or a container composed of a 7
combination of these materials , which, at the time of sale, that 8
contains 1 gallon or less of a beverage at the time of sale. 9
(c) "Empty returnable container" means a beverage container 10
which that contains nothing except the residue of its the original 11
contents of the beverage container. 12
(d) "Returnable container" means a beverage container upon for 13
which a deposit of at least not less than 10 cents has been paid, 14
or is required to be paid upon on the removal of the beverage 15
container from the sale or consumption area, and for which a refund 16
of at least not less than 10 cents in cash is payable by every 17
dealer or distributor in this state of that beverage in beverage 18
containers , as further provided in under section 2. 19
(e) "Nonreturnable container" means a beverage container upon 20
for which no deposit or a deposit of less than 10 cents has been 21
paid, or is required to be paid upon on the removal of the beverage 22
container from the sale or consumption area, or for which no cash 23
refund or a refund of less than 10 cents is payable by a dealer or 24
distributor in this state of that beverage in beverage containers , 25
as further provided in under section 2. 26
(f) "Person" means an individual, partnership, corporation, 27
association, or other legal entity. 28
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(g) "Dealer" means a person who that sells or offers for sale 1
to consumers within this state a beverage in a beverage container, 2
including an operator of a vending machine containing a beverage in 3
a beverage container. 4
(h) "Operator of a vending machine" means equally its the 5
owner of the vending machine, the person who that refills it, the 6
vending machine, and the owner or lessee of the property upon which 7
it where the vending machine is located. 8
(i) "Distributor" means a person who that sells beverages in 9
beverage containers to a dealer within this state, and includes a 10
manufacturer who that engages in such those sales. 11
(j) "Manufacturer" means a person who that bottles, cans, or 12
otherwise places beverages in beverage containers for sale to 13
distributors, dealers, or consumers. 14
(k) "Within this state" means within the exterior limits of 15
the this state, of Michigan, and includes the territory within 16
these limits owned by or ceded to the United States of America. 17
(l) "Commission" means the Michigan liquor control commission 18
created in section 209 of the Michigan liquor control code of 1998, 19
1998 PA 58, MCL 436.1209. 20
(m) "Sale or consumption area" means the premises within on 21
the property of the dealer or of the dealer's lessor where the sale 22
is made, within which where beverages in returnable containers may 23
be consumed without payment of a deposit, and , upon removing a 24
beverage container from which, the customer is required by where a 25
consumer may not remove a beverage container without the dealer 26
requiring the consumer to pay the a deposit. 27
(n) "Nonrefillable container" means a returnable container 28
which that is not intended to be refilled for sale by a 29
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manufacturer. 1
(o) "Mixed wine drink" means a drink or similar product 2
marketed as a wine cooler and containing that contains less than 7% 3
alcohol by volume, consisting consists of wine and plain, 4
sparkling, or carbonated water, and containing any contains 1 or 5
more of the following: 6
(i) Nonalcoholic beverages. 7
(ii) Flavoring. 8
(iii) Coloring materials. 9
(iv) Fruit juices. 10
(v) Fruit adjuncts. 11
(vi) Sugar. 12
(vii) Carbon dioxide. 13
(viii) Preservatives. 14
(p) "Mixed spirit drink" means a drink containing that 15
contains 10% or less alcohol by volume consisting of distilled 16
spirits mixed with nonalcoholic beverages or flavoring or coloring 17
materials and which may also contain water, fruit juices, fruit 18
adjuncts, sugar, carbon dioxide, or preservatives; or any spirits 19
based beverage, regardless of the percent of alcohol by volume, 20
that is manufactured for sale in a metal container. 21
(q) "Reverse vending machine" means a device designed to 22
properly identify and process empty beverage containers and provide 23
a means for a deposit refund on returnable containers. 24
Sec. 2a. (1) Except as provided in subsection (2), beginning 25
90 days after the effective date of the amendatory act that added 26
this section, a manufacturer of nonalcoholic beverages shall not 27
sell, offer for sale, or give a nonalcoholic beverage to a 28
consumer, dealer, or distributor in this state in a 12-ounce metal 29
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beverage container that is not a designated metal container if 1
either of the following is met: 2
(a) Sales of that brand of beverage in 12-ounce metal beverage 3
containers in this state in the preceding calendar year were at 4
least 500,000 cases, as determined by the department of treasury. 5
(b) Sales of that brand of beverage in 12-ounce metal beverage 6
containers in this state in the preceding calendar year were fewer 7
than 500,000 cases, and 12-ounce metal beverage containers of that 8
brand of beverage were overredeemed by more than 600,000 containers 9
in the preceding calendar year, as determined by the department of 10
treasury. 11
(2) Beginning 90 days after the effective date of the 12
amendatory act that added this section, a A manufacturer of 13
nonalcoholic beverages shall not sell, offer for sale, or give a 14
nonalcoholic beverage to a consumer, dealer, or distributor in the 15
Upper Peninsula in a 12-ounce metal beverage container that is not 16
a designated metal container if either of the following is met: 17
(a) Sales of that brand of beverage in 12-ounce metal beverage 18
containers in the Upper Peninsula were at least 500,000 cases, as 19
determined by the department of treasury. 20
(b) Sales of that brand of beverage in 12-ounce metal beverage 21
containers in the Upper Peninsula in the preceding calendar year 22
were fewer than 500,000 cases, and 12-ounce metal beverage 23
containers of that brand of beverage were overredeemed in the Upper 24
Peninsula by more than 600,000 containers in the preceding calendar 25
year, as determined by the department of treasury. 26
(3) Except as provided in subsection (4), beginning 450 days 27
after the effective date of the amendatory act that added this 28
section, a manufacturer of nonalcoholic beverages shall not sell, 29
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offer for sale, or give a nonalcoholic beverage to a consumer, 1
dealer, or distributor in this state in a 12-ounce glass beverage 2
container that is not a designated glass container if either of the 3
following is met: 4
(a) Sales of that brand of beverage in 12-ounce glass beverage 5
containers in this state in the preceding calendar year were at 6
least 500,000 cases, as determined by the department of treasury. 7
(b) Sales of that brand of beverage in 12-ounce glass beverage 8
containers in this state in the preceding calendar year were fewer 9
than 500,000 cases, and 12-ounce glass beverage containers of that 10
brand of beverage were overredeemed by more than 600,000 containers 11
in the preceding calendar year, as determined by the department of 12
treasury. 13
(4) Beginning 450 days after the effective date of the 14
amendatory act that added this section, a A manufacturer of 15
nonalcoholic beverages shall not sell, offer for sale, or give a 16
nonalcoholic beverage to a consumer, dealer, or distributor in the 17
Upper Peninsula in a 12-ounce glass beverage container that is not 18
a designated glass container if either of the following is met: 19
(a) Sales of that brand of beverage in 12-ounce glass beverage 20
containers in the Upper Peninsula were at least 500,000 cases, as 21
determined by the department of treasury. 22
(b) Sales of that brand of beverage in 12-ounce glass beverage 23
containers in the Upper Peninsula in the preceding calendar year 24
were fewer than 500,000 cases, and 12-ounce glass beverage 25
containers of that brand of beverage were overredeemed in the Upper 26
Peninsula by more than 600,000 containers in the preceding calendar 27
year, as determined by the department of treasury. 28
(5) Except as provided in subsection (6), beginning 450 days 29
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after the effective date of the amendatory act that added this 1
section, a manufacturer of nonalcoholic beverages shall not sell, 2
offer for sale, or give a nonalcoholic beverage to a consumer, 3
dealer, or distributor in this state in a 20-ounce plastic beverage 4
container that is not a designated plastic container if either of 5
the following is met: 6
(a) Sales of that brand of beverage in 20-ounce plastic 7
beverage containers in this state in the preceding calendar year 8
were at least 500,000 cases, as determined by the department of 9
treasury. 10
(b) Sales of that brand of beverage in 20-ounce plastic 11
beverage containers in this state in the preceding calendar year 12
were fewer than 500,000 cases, and 20-ounce plastic beverage 13
containers of that brand of beverage were overredeemed by more than 14
600,000 containers in the preceding calendar year, as determined by 15
the department of treasury. 16
(6) Beginning 450 days after the effective date of the 17
amendatory act that added this section, a A manufacturer of 18
nonalcoholic beverages shall not sell, offer for sale, or give a 19
nonalcoholic beverage to a consumer, dealer, or distributor in the 20
Upper Peninsula in a 20-ounce plastic beverage container that is 21
not a designated plastic container if either of the following is 22
met: 23
(a) Sales of that brand of beverage in 20-ounce plastic 24
beverage containers in the Upper Peninsula were at least 500,000 25
cases, as determined by the department of treasury. 26
(b) Sales of that brand of beverage in 20-ounce plastic 27
beverage containers in the Upper Peninsula in the preceding 28
calendar year were fewer than 500,000 cases, and 20-ounce plastic 29
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beverage containers of that brand of beverage were overredeemed in 1
the Upper Peninsula by more than 600,000 containers in the 2
preceding calendar year, as determined by the department of 3
treasury. 4
(7) Beginning 90 days after the effective date of the 5
amendatory act that added this section, a A manufacturer of 6
alcoholic beverages shall not sell, offer for sale, or give an 7
alcoholic beverage to a consumer, dealer, or distributor in this 8
state in a 12-ounce metal beverage container that is not a 9
designated metal container if either of the following is met: 10
(a) Sales of that brand of beverage in this state in the 11
preceding calendar year were at least 500,000 case equivalents, as 12
determined by the department of treasury. 13
(b) Sales of that brand of beverage in this state in the 14
preceding calendar year were fewer than 500,000 case equivalents, 15
and beverage containers of that brand of beverage were overredeemed 16
by more than 600,000 containers in the preceding calendar year, as 17
determined by the department of treasury. 18
(8) Beginning 450 days after the effective date of the 19
amendatory act that added this section, a A manufacturer of 20
alcoholic beverages shall not sell, offer for sale, or give an 21
alcoholic beverage to a consumer, dealer, or distributor in this 22
state in a 12-ounce glass beverage container that is not a 23
designated glass container if either of the following is met: 24
(a) Sales of that brand of beverage in this state in the 25
preceding calendar year were at least 500,000 case equivalents, as 26
determined by the department of treasury. 27
(b) Sales of that brand of beverage in this state in the 28
preceding calendar year were fewer than 500,000 case equivalents, 29
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and beverage containers of that brand of beverage were overredeemed 1
by more than 600,000 containers in the preceding calendar year, as 2
determined by the department of treasury. 3
(9) Beginning 450 days after the effective date of the 4
amendatory act that added this section, a A manufacturer of 5
alcoholic beverages shall not sell, offer for sale, or give an 6
alcoholic beverage to a consumer, dealer, or distributor in this 7
state in a 20-ounce plastic beverage container that is not a 8
designated plastic container if either of the following is met: 9
(a) Sales of that brand of beverage in this state in the 10
preceding calendar year were at least 500,000 case equivalents, as 11
determined by the department of treasury. 12
(b) Sales of that brand of beverage in this state in the 13
preceding calendar year were fewer than 500,000 case equivalents, 14
and beverage containers of that brand of beverage were overredeemed 15
by more than 600,000 containers in the preceding calendar year, as 16
determined by the department of treasury. 17
(10) A symbol, mark, or other distinguishing characteristic 18
that is placed on a designated metal container, designated glass 19
container, or designated plastic container by a manufacturer to 20
allow a reverse vending machine to determine if that container is a 21
returnable container must be unique to this state, or used only in 22
this state and 1 or more other states that have laws substantially 23
similar to this act. 24
(11) A person that violates this section is guilty of a 25
misdemeanor punishable by imprisonment for not more than 180 days, 26
or a fine of not more than $2,000.00, or both. Section 4 does not 27
apply to a violation described in this subsection. 28
(12) As used in this section: 29
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(a) "Alcoholic beverage" means beer, ale, any other malt drink 1
of whatever alcoholic content, a mixed wine drink, or a mixed 2
spirit drink. 3
(b) "Brand" means any word, name, group of letters, symbol, or 4
trademark, or any combination of them, adopted and used by a 5
manufacturer to identify a specific flavor or type of beverage and 6
to distinguish that flavor or type of beverage from another 7
beverage produced or marketed by that manufacturer or another 8
manufacturer. 9
(c) "Designated glass container" means a 12-ounce glass 10
beverage container that contains a symbol, mark, or other 11
distinguishing characteristic that allows a reverse vending machine 12
to determine if the beverage container is or is not a returnable 13
container. 14
(d) "Designated metal container" means a 12-ounce metal 15
beverage container that contains a symbol, mark, or other 16
distinguishing characteristic that allows a reverse vending machine 17
to determine if the beverage container is or is not a returnable 18
container. 19
(e) "Designated plastic container" means a 20-ounce plastic 20
beverage container that contains a symbol, mark, or other 21
distinguishing characteristic that allows a reverse vending machine 22
to determine if the beverage container is or is not a returnable 23
container. 24
(f) "Glass beverage container" means a beverage container 25
composed primarily of glass. 26
(g) "Metal beverage container" means a beverage container 27
composed primarily of metal. 28
(h) "Nonalcoholic beverage" means a soft drink, soda water, 29
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carbonated natural or mineral water, or other nonalcoholic 1
carbonated drink. 2
(i) "Plastic beverage container" means a beverage container 3
composed primarily of plastic. 4
(j) "Reverse vending machine" means a device designed to 5
properly identify and process empty beverage containers and provide 6
a means for a deposit refund on returnable containers. 7
Sec. 2b. (1) A dealer that provides a reverse vending machine 8
as a method to redeem beverage containers shall provide counter 9
redemption of beverage containers when the reverse vending machine 10
is inoperable or does not accept a type of beverage container sold 11
or offered for sale by the dealer. 12
(2) If the department of attorney general receives a complaint 13
of a violation of this section, the department shall investigate to 14
determine if a violation of this section has occurred. 15
(3) If the department of attorney general determines that a 16
violation of this section has occurred, the department shall 17
provide a dealer with a written notice of the violation and the 18
opportunity to cure the violation. The written notice must inform 19
the dealer that the dealer must cure the violation not later than 20
15 days after receipt of the notice. 21
(4) Subject to subsection (5), if the dealer does not cure the 22
noticed violation within 15 days after receiving the written notice 23
under subsection (3), the dealer is subject to a civil fine of not 24
more than $500.00 per violation. Each day a violation occurs, a 25
separate offense is committed. 26
(5) If a violation of this section continues for more than 60 27
consecutive days, a civil fine of not more than $1,000.00 per day 28
for each day that a violation continues after the initial 60-day 29
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period. 1
Sec. 2c. (1) A dealer shall post, at the point of sale and 2
within the area of redemption, a conspicuous sign that states the 3
following: "CONSUMER BOTTLE BILL OF RIGHTS: State law requires us 4
to redeem empty returnable beverage containers of the same kind, 5
size, and brand that we sell or offer for sale. You have the right 6
to get your deposit refund in cash, without proof of purchase; the 7
right to return your empty returnable beverage containers any day 8
and any hour, except for the first and last hour of the dealer's 9
business day; and the right to return your containers if they are 10
empty and intact. Washing containers is not required by law, but is 11
strongly recommended to maintain sanitary conditions. To report a 12
violation, call 877-765-8388 or contact the Michigan attorney 13
general at www.michigan.gov/consumerprotection." 14
(2) If the department of attorney general receives a report of 15
a violation of this section, the department shall investigate to 16
determine if a violation of this section has occurred. 17
(3) The department of treasury, the commission, the department 18
of attorney general, the department of state police, and local law 19
enforcement may inspect a dealer as necessary to determine 20
compliance with this section. 21
(4) If an investigation under subsection (2) or an inspection 22
under subsection (3) determines that a violation of this section 23
has occurred, the department of attorney general shall provide a 24
dealer with a written notice of the violation and the opportunity 25
to cure the violation. The written notice must inform the dealer 26
that the dealer must cure the violation not later than 15 days 27
after receipt of the notice. 28
(5) Subject to subsection (6), if the dealer does not cure the 29
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VMP H04682'25_HB6054_INTR_1 30masf
noticed violation within 15 days after receiving the written notice 1
under subsection (4), the dealer is subject to a civil fine of not 2
more than $500.00 per violation. Each day a violation occurs, a 3
separate offense is committed. 4
(6) If a violation of this section continues for more than 60 5
consecutive days, the dealer is subject to a civil fine of not more 6
than $1,000.00 per day for each day that a violation continues 7
after the initial 60-day period. 8
Sec. 4. (1) Except as provided in subsection (2) and sections 9
2b, 2c, 4a, and 4b, a dealer, distributor, manufacturer, or other 10
person that violates this act is subject to a civil fine of not 11
less than $100.00 or more than $1,000.00 and is liable for the 12
costs of prosecution. Each day a violation occurs, a separate 13
offense is committed. 14
(2) Subject to subsection (3), a distributor that, with the 15
intent to defraud or cheat, violates section 4c is guilty of a 16
crime punishable as follows: 17
(a) If the filled beverage containers of the nonalcoholic 18
beverages purchased in another state have a value of less than 19
$200.00, the distributor is guilty of a misdemeanor punishable by 20
imprisonment for not more than 93 days, or a fine of not more than 21
$500.00 or 3 times the value, whichever is greater, or both. 22
imprisonment and a fine. 23
(b) If either of the following applies, the distributor is 24
guilty of a misdemeanor punishable by imprisonment for not more 25
than 1 year, or a fine of not more than $2,000.00 or 3 times the 26
value, whichever is greater, or both: imprisonment and a fine: 27
(i) The filled beverage containers of the nonalcoholic 28
beverages purchased in another state have a value of $200.00 or 29
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more but less than $10,000.00. 1
(ii) The distributor violates subdivision (a) and has 1 or more 2
prior convictions for committing or attempting to commit an offense 3
under this subsection. 4
(c) If either of the following applies, the distributor is 5
guilty of a felony punishable by imprisonment for not more than 5 6
years, or a fine of not more than $10,000.00 or 3 times the value, 7
whichever is greater, or both: imprisonment and a fine: 8
(i) The filled beverage containers of the nonalcoholic 9
beverages purchased in another state have a value of $10,000.00 or 10
more but less than $20,000.00. 11
(ii) The distributor violates subdivision (b)(i) and has 1 or 12
more prior convictions for committing or attempting to commit an 13
offense under this subsection. For purposes of this subparagraph, a 14
prior conviction does not include a conviction for a violation or 15
attempted violation of subdivision (a) or (b)(ii). 16
(d) If either of the following applies, the distributor is 17
guilty of a felony punishable by imprisonment for not more than 15 18
years, or a fine of not more than $15,000.00 or 3 times the value, 19
whichever is greater, or both: imprisonment and a fine: 20
(i) The filled beverage containers of the nonalcoholic 21
beverages purchased in another state have a value of $20,000.00 or 22
more but less than $50,000.00. 23
(ii) The distributor violates subdivision (c)(i) and has 2 or 24
more prior convictions for committing or attempting to commit an 25
offense under this section. For purposes of this subparagraph, a 26
prior conviction does not include a conviction for a violation or 27
attempted violation of subdivision (a) or (b)(ii). 28
(e) If either of the following applies, the distributor is 29
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VMP H04682'25_HB6054_INTR_1 30masf
guilty of a felony punishable by imprisonment for not more than 15 1
years, or a fine of not more than $25,000.00 or 3 times the value, 2
whichever is greater, or both: imprisonment and a fine: 3
(i) The filled beverage containers of the nonalcoholic 4
beverages purchased in another state have a value of $50,000.00 or 5
more but less than $100,000.00. 6
(ii) The distributor violates subdivision (d)(i) and has 2 or 7
more prior convictions for committing or attempting to commit an 8
offense under this section. For purposes of this subparagraph, a 9
prior conviction does not include a conviction for a violation or 10
attempted violation of subdivision (a) or (b)(ii). 11
(f) If either of the following applies, the distributor is 12
guilty of a felony punishable by imprisonment for not more than 20 13
years, or a fine of not more than $35,000.00 or 3 times the value, 14
whichever is greater, or both: imprisonment and a fine: 15
(i) The filled beverage containers of the nonalcoholic 16
beverages purchased in another state have a value of $100,000.00 or 17
more. 18
(ii) The distributor violates subdivision (e)(i) and has 2 or 19
more prior convictions for committing or attempting to commit an 20
offense under this section. For purposes of this subparagraph, a 21
prior conviction does not include a conviction for a violation or 22
attempted violation of subdivision (a) or (b)(ii). 23
(3) All of the following apply for purposes of subsection (2): 24
(a) The values of filled beverage containers of the 25
nonalcoholic beverages purchased in another state in separate 26
incidents pursuant to in accordance with a scheme or course of 27
conduct within any 12-month period may be aggregated to determine 28
the total value involved in the violation of subsection (2). 29
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VMP H04682'25_HB6054_INTR_1 30masf
(b) If the prosecuting attorney intends to seek an enhanced 1
sentence based upon on the defendant having 1 or more prior 2
convictions, the prosecuting attorney shall include on the 3
complaint and information a statement listing the prior conviction 4
or convictions. The existence of the defendant's prior conviction 5
or convictions must be determined by the court, without a jury, at 6
sentencing or at a separate hearing for that purpose before 7
sentencing. The existence of a prior conviction may be established 8
by any evidence relevant for that purpose, including, but not 9
limited to, 1 or more of the following: 10
(i) A copy of the judgment of conviction. 11
(ii) A transcript of a prior trial, plea-taking, or sentencing. 12
(iii) Information contained in a presentence report. 13
(iv) The defendant's statement. 14
(c) If the sentence for a conviction under subsection (2) is 15
enhanced by 1 or more prior convictions, those prior convictions 16
must not be used to further enhance the sentence for the conviction 17
under section 10, 11, or 12 of chapter IX of the code of criminal 18
procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12. 19