Michigan Compiled Laws

Mich. Comp. Laws § 445.571 (2026)

Definitions.

✓ current as of July 2026

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BEVERAGE CONTAINERS

Initiated Law 1 of 1976

445.571 Definitions.

Sec. 1.

As used in this act:

(a) "Beverage" means a soft drink, soda water, carbonated natural or mineral water, or other nonalcoholic carbonated drink; beer, ale, or other malt drink of whatever alcoholic content; or a mixed wine drink or a mixed spirit drink.

(b) "Beverage container" means an airtight metal, glass, paper, or plastic container, or a container composed of a combination of these materials, which, at the time of sale, contains 1 gallon or less of a beverage.

(c) "Empty returnable container" means a beverage container which contains nothing except the residue of its original contents.

(d) "Returnable container" means a beverage container upon which a deposit of at least 10 cents has been paid, or is required to be paid upon the removal of the container from the sale or consumption area, and for which a refund of at least 10 cents in cash is payable by every dealer or distributor in this state of that beverage in beverage containers, as further provided in section 2.

(e) "Nonreturnable container" means a beverage container upon which no deposit or a deposit of less than 10 cents has been paid, or is required to be paid upon the removal of the container from the sale or consumption area, or for which no cash refund or a refund of less than 10 cents is payable by a dealer or distributor in this state of that beverage in beverage containers, as further provided in section 2.

(f) "Person" means an individual, partnership, corporation, association, or other legal entity.

(g) "Dealer" means a person who sells or offers for sale to consumers within this state a beverage in a beverage container, including an operator of a vending machine containing a beverage in a beverage container.

(h) "Operator of a vending machine" means equally its owner, the person who refills it, and the owner or lessee of the property upon which it is located.

(i) "Distributor" means a person who sells beverages in beverage containers to a dealer within this state, and includes a manufacturer who engages in such sales.

(j) "Manufacturer" means a person who bottles, cans, or otherwise places beverages in beverage containers for sale to distributors, dealers, or consumers.

(k) "Within this state" means within the exterior limits of the state of Michigan, and includes the territory within these limits owned by or ceded to the United States of America.

(l) "Commission" means the Michigan liquor control commission.

(m) "Sale or consumption area" means the premises within the property of the dealer or of the dealer's lessor where the sale is made, within which beverages in returnable containers may be consumed without payment of a deposit, and, upon removing a beverage container from which, the customer is required by the dealer to pay the deposit.

(n) "Nonrefillable container" means a returnable container which is not intended to be refilled for sale by a manufacturer.

(o) "Mixed wine drink" means a drink or similar product marketed as a wine cooler and containing less than 7% alcohol by volume, consisting of wine and plain, sparkling, or carbonated water and containing any 1 or more of the following:

(i) Nonalcoholic beverages.

(ii) Flavoring.

(iii) Coloring materials.

(iv) Fruit juices.

(v) Fruit adjuncts.

(vi) Sugar.

(vii) Carbon dioxide.

(viii) Preservatives.

(p) "Mixed spirit drink" means a drink containing 10% or less alcohol by volume consisting of distilled spirits mixed with nonalcoholic beverages or flavoring or coloring materials and which may also contain water, fruit juices, fruit adjuncts, sugar, carbon dioxide, or preservatives; or any spirits based beverage, regardless of the percent of alcohol by volume, that is manufactured for sale in a metal container.

History: 1976, Initiated Law 1, Eff. Dec. 3, 1978 ;-- Am. 1982, Act 39, Imd. Eff. Mar. 16, 1982 ;-- Am. 1982, Act 266, Imd. Eff. Oct. 5, 1982 ;-- Am. 1986, Act 235, Eff. June 1, 1989 ;-- Am. 1989, Act 93, Imd. Eff. June 20, 1989

PopularName Notes:

Bottle Bill

Notes of Decisions

Cited in 10 cases, 1981–2020 · leading case: Am. Beverage Ass'n v. Snyder, 735 F.3d 362 (6th Cir. 2013).

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Am. Beverage Ass'n v. Snyder, 735 F.3d 362 (6th Cir. 2013). · cites it 4× “Mich. Comp. Laws § 445.571 et seq.1 In 1976, Michigan enacted the Michigan Container Act, commonly referred to as the “Bottle Bill.”

Michigan Soft Drink Ass'n v. Dep't of Treasury, 522 N.W.2d 643 (Mich. Ct. App. 1994). · cites it 3× “i STATUTORY SCHEME The concerns of Michigan’s citizens about environmental damage and financial burdens caused by discarded beverage containers led the people to approve the Initiated Law of 1976, MCL 445.571 et seq.; MSA 18.1206(11) et seq.”

Welch Foods, Inc. v. Attorney Gen., 540 N.W.2d 693 (Mich. Ct. App. 1995). · cites it 2× “Plaintiff had claimed that the sparkling fruit juices they produce are not subject to Michigan’s bottle law, MCL 445.571 et seq.; MSA 18.1206(11) et seq.”

Am. Beverage Ass'n v. Snyder, 700 F.3d 796 (6th Cir. 2012). · cites it 4× “Mich. Comp. Laws § 445.571 et seq.1 In 1976, Michigan enacted the Michigan Container Act, commonly referred to as the “Bottle Bill.”

Michigan United Conservation Clubs v. Lansing Twp., 342 N.W.2d 290 (Mich. Ct. App. 1983). “icant piece of environmental legislation that’s passed the Michigan Legislature in the last 30 or 40 years has had input from us”, including the Inland Lakes and Streams Act, 1972 PA 346 , the Wetlands Protection Act, 1979 PA 203 , the Shorelands Protection and Management Act,…”

Rasmussen v. Pennfield Twp., 304 N.W.2d 581 (Mich. Ct. App. 1981). “2 MCL 445.571 et seq.; MSA 18.1206(11) et seq.”

Am. Beverage Ass'n v. Snyder, 793 F. Supp. 2d 1022 (W.D. Mich. 2011). · cites it 2× “§ 445.571(a). 3 .A "reverse vending machine” is defined as "a device designed to properly identify and process empty beverage containers and provide a means for a deposit refund on returnable containers.”

Tomra of North Am. Inc v. Dep't of Treasury (Mich. 2020). “FACTS AND PROCEDURAL HISTORY TOMRA sells and leases reverse-vending machines, the bottle- and can-recycling machines commonly found in grocery stores used to help retailers comply with Michigan’s bottle-deposit law, MCL 445.571 et seq. The company also sells repair parts for the…”

Graphic Packaging Corp. v. Glenn Hegar, Comptroller of Pub. Accounts of the State of Texas & Ken Paxton, Attorney Gen. of the State of Texas (Tex. App. 2015). “( vii ) Any deposit required under any of the following, phased in over a 5-year period starting with 50% of that amount in the 2008 tax year, 60% in the 2009 tax year, 60% in the 2010 tax year, 75% in the 2011 tax year, and 100% in the 2012 tax year and each tax year…”

— Mich. Comp. Laws § 445.571(a) — 2 cases

Welch Foods, Inc. v. Attorney Gen., 540 N.W.2d 693 (Mich. Ct. App. 1995). “Plaintiff had claimed that the sparkling fruit juices they produce are not subject to Michigan’s bottle law, MCL 445.571 et seq.; MSA 18.1206(11) et seq.”

Am. Beverage Ass'n v. Snyder, 793 F. Supp. 2d 1022 (W.D. Mich. 2011). “§ 445.571(a). 3 .A "reverse vending machine” is defined as "a device designed to properly identify and process empty beverage containers and provide a means for a deposit refund on returnable containers.”

— Mich. Comp. Laws § 445.571(d) — 2 cases

Michigan Soft Drink Ass'n v. Dep't of Treasury, 522 N.W.2d 643 (Mich. Ct. App. 1994). “i STATUTORY SCHEME The concerns of Michigan’s citizens about environmental damage and financial burdens caused by discarded beverage containers led the people to approve the Initiated Law of 1976, MCL 445.571 et seq.; MSA 18.1206(11) et seq.”

— Mich. Comp. Laws § 445.571(g) — 1 case

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