Michigan bottle and can return law struck down by court
Fri, 30 Nov 2012 15:10:39 GMT —
A federal appeals court has struck down a Michigan law that requires
beverage companies to
put a special mark on returnable cans and bottles sold in the state.
I'm envisioning Kramer, from Seinfeld, driving the mail truck to a neighboring state to reap in the benefits of returning bottles and cans for the deposit.
The court said Thursday that Michigan is illegally affecting interstate commerce by dictating where cans and bottles can be distributed.
According to the law,
containers with a special Michigan mark can only be sold in Michigan and states that also require deposits. Failure to comply is a crime.
The law was approved in 2008 in an attempt to stop people from buying beverages in other states and then redeeming the containers in Michigan for the dime deposit. The appeals court in Cincinnati says there may be other ways to crack down on the problem that were not explored.
The Detroit News reports Sen. Steve Bieda, D-Warren, who as a state representative was among the main sponsors of a package of bills that paved the way for the special mark requirement, said that the ruling rolls back legislation "designed to tackle a long-standing problem that has cost the state millions of dollars."
Bieda said on Thursday, "This is a bad decision for Michigan businesses."
A spokeswoman forMichigan Attorney General Bill Schuette, who is one of the defendants in the suit, said his office was reviewing the ruling and considering whether to appeal.
With Toledo a boarder city, do you think that Michigan could end up paying a lot of money to "out-of-staters" cashing in on the deposits? I know that I have purchased beverages in Ohio, several times, that had the Michigan deposit stamp on them.
The Associated Press contributed to this report.