Law on Bottle Returns
Michigan Bottle Deposit Law (MCL 445.571 – 445.576):
– Requires a minimum 10-cent refundable deposit on beverage containers sold in Michigan.
– Retailers that sell beverages for consumption off the premises are required to accept empty beverage containers and refund the deposit.
– There are some exceptions for very small retailers below a certain annual volume.
– Retailers must accept empty containers of the same type, size and brand that they sell, regardless of where the containers were purchased.
– Retailers can limit the total number of containers they will accept from a single redeemer per day.
– Failure to properly accept and refund deposits can result in fines.
Relevant Case Law:
Tomra of North America, Inc v Butts (2011) – The Michigan Court of Appeals ruled that reverse vending machine companies have standing to sue retailers for failure to take back containers as required under the bottle deposit law.
Cizauskas v Unico Staffing (2005) – The court held that placing limits on daily bottle return volumes must be reasonable and cannot completely prohibit consumers from returning containers at retail locations.
Bantam Books v Attorney General (1984) – While not directly about bottles, this case established principles that retailers cannot refuse service based on where the consumer obtained the merchandise originally.
In summary, Michigan law requires retailers like those in Grand Rapids to accept and provide refunds for empty approved beverage containers, with reasonable limits on volumes per customer per day. Failure to comply can expose retailers to liability under the bottle deposit statute and case precedents.
