Bill Text: MI HB6505 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Environmental protection; pollution prevention; distribution of single-use plastic straws; prohibit by restaurants. Amends heading of pt. 163 & secs. 16301 & 16303 of 1994 PA 451 (MCL 324.16301 & 324.16303) & adds sec. 16304. TIE BAR WITH: HB 6506'18

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-11-28 - Bill Electronically Reproduced 11/27/2018 [HB6505 Detail]

Download: Michigan-2017-HB6505-Introduced.html

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HOUSE BILL No. 6505

 

 

November 27, 2018, Introduced by Rep. Cochran and referred to the Committee on Commerce and Trade.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending the heading of part 163 and sections 16301 and 16303

 

(MCL 324.16301 and 324.16303), and by adding section 16304.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 163. PLASTIC DEGRADABLE CONTAINERS PLASTICS

 

     Sec. 16301. As used in this part:

 

     (a) "Consumer" means an individual who takes possession of

 

food from the restaurant, is not functioning in the capacity of an

 

operator of the restaurant, and does not offer the food for resale.

 

     (b) (a) "Containers" means glass, metal, or plastic bottles,

 

cans, jars, or other receptacles that contain any substance.

 

     (c) (b) "Degradable" means capable of being broken down by

 

biodegradation, photodegradation, or chemical degradation into

 

component parts within 360 days under exposure to the elements.

     (d) "Food" means articles used for food or drink for humans.

 

     (e) "Law enforcement officer" means that term as defined in

 

section 8801 of the revised judicature act of 1961, 1961 PA 236,

 

MCL 600.8801.

 

     (f) "Restaurant" means a fixed establishment serving food to

 

the public for consumption indoors on the premises.

 

     (g) "Single-use plastic straw" means a single-use, disposable

 

tube made predominantly of plastic derived from either petroleum or

 

a biologically based polymer, such as corn or other plant sources,

 

used to transfer a beverage from a container to the mouth of the

 

individual drinking the beverage.

 

     Sec. 16303. A person who violates this part section 16304 is

 

guilty of a misdemeanor punishable by a fine of $500.00 for each

 

day this part is violated.

 

     Sec. 16304. (1) A restaurant shall not provide a single-use

 

plastic straw to a consumer unless requested by the consumer.

 

     (2) A law enforcement officer shall give the owner or operator

 

of the restaurant a warning for a first and second violation of

 

subsection (1). A restaurant that violates subsection (1) a third

 

or subsequent time is responsible for a state civil infraction and

 

may be fined $25.00 for each day the restaurant is in violation,

 

but not more than $300.00 annually.

 

     (3) This section does not prohibit a local unit of government

 

from adopting and implementing an ordinance that would further

 

restrict the provision of single-use plastic straws.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 6506 (request no.

 

06757'18 a) of the 99th Legislature is enacted into law.