Section 445.2071 – Short Title.
445.2071 Short title. Sec. 1. This act shall be known and may be cited as the “plastic bulk merchandise container act”. History: 2012, Act 186, Eff. Dec. 18, 2012
Section 445.2073 – Definitions.
445.2073 Definitions. Sec. 3. As used in this act: (a) “Dealer” means a person, including, but not limited to, a person that operates a business as a plastics recycler, processor, or shredder or reseller, that purchases plastic bulk merchandise containers from any seller other than the manufacturer of the bulk merchandise containers or an authorized […]
Section 445.2075 – Plastic Bulk Merchandise Container Transaction; Duties of Dealer; Sale by Individual.
445.2075 Plastic bulk merchandise container transaction; duties of dealer; sale by individual. Sec. 5. (1) A dealer that purchases 10 or more plastic bulk merchandise containers from a person in a single transaction shall do all of the following: (a) Pay the seller of that container by check or with a similar financial instrument. A […]
Section 445.2077 – Record; Preparation; Retention; Information to Be Included; Exception to Certain Requirements.
445.2077 Record; preparation; retention; information to be included; exception to certain requirements. Sec. 7. (1) Subject to subsection (3), a dealer must prepare an accurate and legible record of each purchase of 10 or more plastic bulk merchandise containers from a person in a single transaction. The record shall include the information described in subsection […]
Section 445.2079 – Tagging and Holding Plastic Bulk Merchandise Container.
445.2079 Tagging and holding plastic bulk merchandise container. Sec. 9. (1) A dealer shall tag and hold a plastic bulk merchandise container purchased from a seller for at least 7 days if any of the following are met: (a) The plastic bulk merchandise container has altered or obliterated serial numbers, and the person that delivers […]
Section 445.2081 – Violation; Misdemeanor; Felony; Penalty.
445.2081 Violation; misdemeanor; felony; penalty. Sec. 11. (1) If a dealer violates section 7(1) or section 9 and knows or has reason to know that it is violating that section, the dealer is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or […]
Section 445.2083 – Violation; Civil Infraction; Fine.
445.2083 Violation; civil infraction; fine. Sec. 13. If an action of a person violates this act and the person knows or has reason to know that the action violates this act, the person is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $5,000.00. History: […]
Section 445.2085 – Monetary Damages; Treble Damages; Costs; “Value of the Plastic Bulk Merchandise Containers Stolen” Defined.
445.2085 Monetary damages; treble damages; costs; “value of the plastic bulk merchandise containers stolen” defined. Sec. 15. (1) A person may bring an action in a court of competent jurisdiction for monetary damages suffered from a violation of this act by a seller or a dealer. If the violation involves the theft of 10 or […]
Section 445.2087 – Remedies; Exemption or Release of Person From Certain Requirements Prohibited.
445.2087 Remedies; exemption or release of person from certain requirements prohibited. Sec. 17. (1) The remedies under this act are cumulative and do not affect the ability or right of any person to bring any action under this or any other civil, criminal, or regulatory act or ordinance that is otherwise not prohibited by law. […]