GRAND RAPIDS, Mich. — The majority of bottles and cans sold in the state of Michigan are sold with an agreement attached - 10 cents up front with the purchase means 10 cents back when it gets returned. If a store sells you that can or bottle, the law requires that store to refund your deposit on that same empty container. We've heard from viewers that stores in their area are not holding up their end of the deal.
"That is a cost of doing business in Michigan, it has been since the 1970s," said Conan Smith, President and CEO of the Michigan Environmental Council. "It is the law, if you sell it, you need to take it back. Plain and simple."
The law he's referring to is the 1976 Bottle Bill. Smith called the bill the 'most successful circular economic program in the United States', and the Data seems to back up that claim. The state's website has statistics from as far back as 1990, and between 1990 and 2017, more than 90% of the deposits paid were reclaimed by returning bottles. 2018 and 19 were the first two years below 90% returns before a pandemic hiatus caused that number to dip to 73%.
"We’re well past any pandemic relief that should be given," Smith said. "You’re not stopping someone or hesitating to have someone come in to purchase that can, so there’s no reason to hesitate in accepting the bottle return either."
"It can be difficult sometimes, right now especially because it’s difficult to find employees," said State Senator Winnie Brinks. "I think that’s probably part of the crunch for some of the smaller businesses especially." Brinks said she's sympathetic with small businesses, but feels they need to find a way to comply with the law.
Brinks said she has not been informed of constituents reaching out to her office about bottle return issues, but the senator says that doesn't mean its not happening. The main, if not only solution for consumers is to report businesses that are in violation of the law. She says calling your representatives for this particular issue won't be the right solution. Even though there are tweaks to the bill circulating the capitol to modernize the 1976 law, it's written specifically on the side of the consumer.
"To be clear, legislation, and the changes proposed will not fix this problem," Brinks said. "It’s already required that the stores take those returnable containers."
To report businesses in violation of the bottle bill, it's best to go through the Attorney General's office, specifically the consumer protection division. Smith and Brinks understand the difficult decision to report a small or locally owned business, but both say in the long run, it's what's best for everyone.
"The consumer has the rights here," Brinks said. "They are correct to ask the retailers to take those returnables, that is their right and it is the law."
"Maybe the first step is to talk to the manager or talk to the owner," Smith said. "Often it’s a case of educating the retailer so punitive actions aren’t necessary, fines aren’t necessary."
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