Bottle Return Hours Bill Introduced in Michigan Legislature by Kalamazoo Representative

Would require retailers to accept returns between 8 a.m. and 11 p.m.

Feb 10, 2024

LCD display screen on a TOMRA T-53s bottle return machine at Midtown Fresh Market in Kalamazoo, Michigan on Saturday, February 10, 2024 at 9:28 a.m. It displays an image of a glass bottle, underneath the red circle and diagonal line of the international no symbol. Below that is the word "Closed".

On February 7, State Representative Julie Rogers (D - Kalamazoo) introduced House Bill 5421 in the Michigan legislature. This amendment to the Bottle Bill of 1976 would require retailers to accept returnable beverage containers between the hours of 8 a.m. and 11 p.m., or "any period of time between 8 a.m. and 11 p.m. when the premises is normally operated by the dealer."

This proposed amendment comes as a result of constituent complaints that Rep. Rogers has received following the COVID-19 pandemic. From March 23 to June 15, 2020, Michigan Governor Gretchen Whitmer ordered retailers to not accept can and bottle returns, as a means to limit spread of the SARS-CoV-2 virus. That was followed by a 4-month period where bottle returns were phased in, when stores were permitted to "limit hours of operation to allow for more cleaning".

Black and white paper sign taped to a bottle return machine at Midtown Fresh Market in Kalamazoo, Michigan on Saturday, February 10, 2024. It reads: "BOTTLE RETURN HOURS, MONDAY THROUGH SATURDAY, 1 P.M. TO 6 P.M., SUNDAY CLOSED".

Now, more than 3 years later, some retailers are continuing to limit bottle return hours. For example, Midtown Fresh Market in Kalamazoo continues to limit bottle returns to 1–6 p.m. on Mondays through Saturdays (no returns on Sundays), despite the fact that they have 3 can and bottle return machines located at the front of their store. Rep. Rogers said she's heard of a store that limited returns to noon–2 p.m. Then, there are the convenience and liquor stores, like Bottom's Up in Kalamazoo, that flat out refuse to accept returns at all and have had bogus "no returns, storage full" signs on their front door continuously for the past 3 years.

The three TOMRA T-53s reverse vending machines inside the front entrance of Midtown Fresh Market in Kalamazoo, Michigan on Saturday, February 10, 2024 at 9:29 a.m. Two machines accept plastic bottles and aluminum cans, while the third machine accepts glass bottles. All three machines display "Closed" on their LCD screens.

Passing House Bill 5421 will be difficult. The bottle bill was introduced as a citizens' initiative and approved by the electors (voters) of Michigan. In order to amend a citizen initiated law, approval by a three-fourths super-majority of both the Michigan House and Senate is required. Article II, Section 9 of the Michigan Constitution states:

no law adopted by the people at the polls under the initiative provisions of this section shall be amended or repealed, except by a vote of the electors unless otherwise provided in the initiative measure or by three-fourths of the members elected to and serving in each house of the legislature.

Recognizing the uphill battle this bill faces, Rep. Rogers got 21 of her colleagues to co-sponsor the bill, including some Republicans, who have typically been against amendments to the bottle bill. The bill has been referred to the House Committee on Regulatory Reform.

Have you had difficulty returning bottles and cans in Michigan over the past 3 years? Please share your experiences in the comments below.

Jeff Messer for Kalamazoo Public Library Board of Trustees

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