Form 2196 - 2010 Bottle Deposit Fund Reimbursement Forms - Due on or before June 1, 2011

Under P.A. 148 of 1989, Michigan retailers and dealers who sell beverages in returnable containers can request compensation for a small portion of the costs for handling empty containers.  Any excess of deposits collected over refunds made by manufacturers and distributors in paid annually to the Bottle Deposit Fund within the Michigan Department of Treasury.  Seventy-five percent of those funds are deposited into the Cleanup and Redevelopment Trust fund and 25% are apportioned among retailers based on the number of returnable containers redeemed each year. 

The payment is based on the number of empty returnable containers handled in a calendar year. Payment amounts will be known after Treasury determines how much money is available.  Treasury will begin issuing checks after August 1.

To qualify for a portion of these funds, retailers must file a Request for Bottle Deposit Fund Reimbursement Form on or before June 1, 2011.  Reports postmarked after June 1 will not be honored.  Back to Top

MIOSHA REMINDER:  Post Form 300A February 1 to April 30, 2011.

[January, 2011]  MIOSHA requires employers with 11 or more employees to log and maintain records of work-related injuries and illnesses, and to make those records available during MIOSHA inspections of the workplace.  Employers are required to post the total number of job-related injuries and illnesses on MIOSHA Form 300A, Summary of Work Related Injuries and Illnesses, that occurred during the previous calendar year from February 1 to April 30. 

Visit MGA’s Required Postings Page to download Form 300A and other required postings or call Nora Jones at 800.947.6237 x 25 if you need forms faxed or mailed to you.  Back to Top

2010 Alerts:

Update on Sunday AM Alcohol Sales Permits
[December 16, 2010]  MGA has received several additional questions regarding the application process and issuance of early morning Sunday Sales permits from the Michigan Liquor Control Commission (MLCC).

A.    Retailers must complete MLCC Form LC-1161, Application for Sunday Sales, to apply for a permit to sell alcohol on Sunday between the hours of 7 a.m. and 12 Noon. 

·         Retailers are encouraged to submit their applications as soon as possible.  MLCC will begin issuing permits today, December 16, 2010.

·         An individual application must be submitted for EACH LOCATION that you wish to apply for a permit to sell alcohol between the hours of 7 a.m. and 12 Noon.   

·         The fee for the Sunday a.m. sales permit is $160.00 per location, not per license (i.e. if your store has both an SDD and SDM license the fee is still $160.00).

B.    HOW TO SEND IN YOUR APPLICATION:  Your application (s) MUST be accompanied by the $160.00 fee.

·         BY MAIL:  The Application for Sunday Sales is a fillable PDF form that you can complete online and print. Mail the completed for, along with your check made payable to State of Michigan to the Michigan Liquor Control Commission, PO Box 30005, Lansing, MI 48909-7505.  CLICK HERE to download the Application.

·         BY FAX:  To pay the $160.00 fee by credit card, retailers must complete MLCC Form LC-65, Credit Card Payment Form.  The payment form is a fillable PDF that you can complete online and print. Fax BOTH completed forms (The Application for Sunday Sales AND the Credit Card Payment Form) to MLCC at their SECURED FAX NUMBER 517.322.5237.  CLICK HERE to download the Payment Form.

C.    HOW TO COMPLETE YOUR APPLICATION

1.     Applicant Identification: 

a.     Name of Licensee:  (holder of license, corporation, LLC etc.)

b.    Address:  (physical location of store)

c.     Governmental Unit:  (this is the county, city, township or village that approved your license).  If you are unsure what entity issued your license you can visit MLCC’s Licensing List and select the county where your store is located. The issuing governmental unit will be listed above your store/company’s name.

d.    County:  (enter the county where your store is located)

2.     Nature of Application

a.     Retailers should check the SECOND BOX.  This is for a.m. Sunday Sales.

IMPORTANT NOTE:  MLCC has compiled an Opt Out List of Governmental Units (city, village, township, or county) that have opted out of Sunday sales (all day or Sunday a.m. only).  Retailers should check this list before submitting their application.  CLICK HERE to view the Opt Out List.

As stated on the application, should the local governmental unit or county within which the business is located prohibit the Sunday Sale of spirits, mixed spirit drink, beer or wine in the future, Sunday Sales will no longer be permitted pursuant to Section 1111, Section 1113 or Section 1115 of the Liquor Control Code and the permit will be terminated accordingly. Back to Top

Liquor Reforms Now Law
[December, 2010] As part of a group that worked to pass a bill to allow wine and beer sampling in grocery stores, Michigan Grocers Association scored a victory in November when three important changes were made to the Michigan Liquor Control Code.

Sunday Morning Sales
Also under the new law, retailers will be permitted to sell alcohol on Sunday between the hours of 7 a.m. and 12 Noon, if a retailer pays an additional license fee of $160 annually. Following a phone call to MLCC, the updated Sunday Sales Application is now available as a fillable PDF form. 

NOTE:  Retailers should check the SECOND BOX under “2) Nature of Application” listed on the application. This is for AM Sunday Sales.  If a retailer does not wish to sell alcohol before noon on Sundays, they do not need to purchase an AM Sunday Sales Permit.

Local Governing Units Opt Out List:

The Liquor Control Commission sent a letter to all Local Government Units on December 1, 2010 notifying them that they must submit a resolution or ordinance prohibiting Sunday sales on or before December 15, 2010.

As of December 9, MLCC began to maintain an ongoing list of Local Governing Units (city, village, township, county) that have opted out of Sunday sales (all day or Sunday AM only).  This is an ongoing list so retailers should check back around noon each day for the completed up-to-date list.  CLICK HERE for current Sunday Sales Opt Out List.

Christmas Day Sales Hours
Under the new law, Christmas Eve and Christmas Day alcohol sales hours have changed. The sale of alcoholic liquor is now prohibited only between the hours of 11:59 p.m. December 24th (Christmas Eve) and 12:00 Noon on December 25th (Christmas Day).

The MLCC is not required to issue a permit for these sales — it is now an allowed activity.

However, licensees should contact their local governmental unit to determine if there are local prohibitions on alcohol sales for these legal holidays.

On Premise Beer/Wine Tasting
Under the new law retailers will be able to offer free beer and wine samples to shoppers. “For years MGA has touted the value of allowing customers to sample new wines before committing to a purchase,” says MGA President Linda M. Gobler. “It’s a win-win-win for consumers, wine/beer makers, and retailers. We’re very pleased that the legislature and the governor have supported this measure.”

Specifically, under the new law, a Specialty Designated Merchant (SDM) licensee may conduct beer and wine tasting on the licensed premises if:

Spirits Coupons
By order of the Liquor Control Commission on December 1, 2010, spirits manufacturers and vendors may now distribute POS materials to SDD licensees that advertise their products and offer an “instant cash refund” to consumers.  In other words, coupons.  The coupons must be made available to all SDD licensees that choose to offer them, in an amount equal to the licensee’s inventory of the couponed product.  CLICK HERE for complete details on conditions and restrictions (PDF file).  Back to Top

Michigan Bans Alcohol Energy Drinks
[December, 2010]  The Michigan Liquor Control Commission (MLCC) says it is continuing to look closely at all products for sale in Michigan that contain alcohol, including all product packaging and labeling. The MLCC’s concerns for the public health and safety have prompted the following recent changes:

·         On September 1, 2010, Michigan was the first state to de-list the alcohol infused whipped cream product, “Cream.” De-listing means “Cream” is no longer for sale in Michigan. The product is 15 percent alcohol by volume (30 proof) and comes in a variety of flavors including chocolate, raspberry, and orange. The product’s packaging and container mirror that of non-alcohol whipped cream products.

·         On November 4, 2010, the MLCC rescinded the approval of all alcohol energy drinks by issuing an order to manufactures to remove 55 products containing alcohol mixed with added stimulants by December 3, 2010. Eleven products have since been released from the alcohol energy drink ban.  Click Here (PDF file) for the most recent information and an up-to-date list of banned alcohol energy drinks.

The Commission believes the packaging is often misleading and appeals to a younger customer, encouraging excessive consumption. In addition, the products themselves can pose problems in mixing alcohol with various other chemical and herbal stimulants.

Federal Action
On November 17, The U.S. Food and Drug Administration warned four companies that the caffeine added to their malt alcoholic beverages is an “unsafe food additive” and said that further action, including seizure of their products nationwide, is possible under federal law.

The companies receiving warning letters and their products are:
Charge Beverages Corp.: Core High Gravity HG, Core High Gravity HG Orange, and Lemon Lime Core Spiked;
New Century Brewing Co. LLC: Moonshot;
Phusion Projects LLC (doing business as Drink Four Brewing Co.): Four Loko; and
United Brands Co. Inc.: Joose and Max.     Back to Top

Click Here to download a complete schedule of dates on which each recipient group will receive benefits throughout all of 2011.  (PDF file)

The Food Bank Council of Michigan is prepared to provide extra help to minimize any difficulties and eliminate gaps in service for food assistance clients during this transition. Please direct anyone needing extra help to the Food Bank Council: (800) 552-4483.

Food banks are counting on increased donations to make sure enough food is available for everyone. Please consider increasing your donations throughout the coming year to make the new distribution schedule a win-win for both Bridge Card clients and the food industry.

When the transition is complete we should see Bridge Card users gain greater access to fresh fruits, vegetables, meat, dairy products, and more. And retailers should be better able to cope with the ebb and flow of Bridge Card purchases each month.  Back to Top

These amounts will ensure that participants receive comparable nutritive value for the replaced product. 

3.   Return to Abbott: Contact Abbott, as provided in the recall press release.

Question & Answer

a)   What should WIC State agencies tell participants who have the infant formula involved in the recall?

Answer:  State agencies should advise participants not to purchase any powder Similac infant formula involved in the recall.   If it is determined that a participant has the recalled infant formula, provide instructions consistent with the option selected by the State agency (that is, return to vendor or to clinic).

b)   What should State agencies do with infant formula returned to clinics?

Answer:  State agencies should contact Abbott on the logistics of returning the recalled infant formula.

c)   What should State agencies do with sample infant formulas involved in the recall?

Answer:  State agencies should advise their local offices to check their inventory for product impacted by the recall.  Please refer to the Abbott letter sent to State WIC offices for further direction on how to return the product.

d)   What should State agencies tell vendors about the recalled infant formula?

Answer:  FNS strongly encourages State agencies to provide maximum flexibility for participants to exchange affected product as expediently as possible.  State agencies need to provide guidance to vendors and participants about how to proceed with returns and exchanges that involve WIC participants.  State agencies should also be flexible in enforcement in minimum stock and quantity requirements for infant formula products in light of the recall.

For Additional Information: 
FDA is advising against consumption of the recalled product and urges consumers to follow the manufacturer’s instructions for reporting and returning the formula. Abbott has set up a special web address so consumers can check their formula against the recalled product. Go to http://www.similac.com/recall or call Abbott’s 24-hour a day consumer hotline at 1-800-986-8850.

·         FDA’s Infant Formula Searchable Database: http://www.accessdata.fda.gov/scripts/infantformula/index.cfm#InfantFormula

Light, Low, or Mild or Similar Descriptors
The law now prohibits manufacturers from producing any tobacco products labeled or advertised as “light,” “low,” “mild” or similar descriptors. Manufacturers may distribute for sale existing products until July 21, 2010. These new legal restrictions do not prohibit retailers from selling tobacco products with the descriptors “light,” “low,” “mild” or similar descriptors that were manufactured before June 22, 2010.

While the law permits retailers to continue selling these products, FDA is concerned that keeping these products on the market for an extended period of time is not in the interest of public health. Although many smokers who use “light” cigarettes believe that these products are less harmful and easier to quit, studies have shown that they present no less health risks than other cigarettes.

The FDA has established a retailer-specific fact page to help clarify the new law for retailers: www.fda.gov/TobaccoProducts/ResourcesforYou/ForIndustry/Retailer/default.htm (Note: There is no period after the htm).

The FDA tells retailers, “By complying with federal tobacco regulations, you are following the law and helping to break the chain of tobacco addiction ... Retailers are also responsible for following state tobacco laws. Visit your state tobacco control web site for further details.”  Back to Top

Update on Hydrolyzed Vegetable Protein (HVP) Recalls due to Salmonella:

[March, 2010]  On February 26, 2010, Basic Food Flavors, Inc. issued a recall of the food ingredient HVP.   This has resulted in several sub-recalls.  

To-date, no illnesses have been associated with the recalled HVP.  However, investigations are ongoing.   The FDA has issued a press release providing the latest information to the public: 

The following excel spreadsheets provide the following information:

1)  HVP 2010:  A list of company recalls, sorted by date, involving product recalls with Michigan distribution.

2)  FDA's Excel spreadsheet listing individual recalled products, with specific product codes, etc.  This sheet includes both FDA and USDA-FSIS product recalls. 

Both attachments are sortable and filterable.   Updated attachments will be sent as-needed (likely once a day or less). 

For more information on the HVP recalls, please see:

URGENT:  Retailers in border counties must complete and return Treasury Form 4708
on or before February 1, 2010.

[January, 2010]  The Michigan Department of Treasury sent MGA the following information regarding the retro fitting of reverse vending machines. Please be advised, this applies to retailers who operate a RVM in the following counties: Berrien, Branch, Calhoun, Cass, Dickinson, Gogebic, Hillsdale, Iron, Jackson, Kalamazoo, Lenawee, Menominee, Monroe, St. Joseph, Van Buren, Washtenaw and Wayne. The filing date is on or before February 1, 2010. 

 This letter is being sent to provide information about new reverse vending machine legislation. Public Acts 386, 387, 388, and 389 of 2008, collectively serve to prevent the fraudulent redemption of non-returnable beverage containers in the state of Michigan. The legislation provides initial funding to pay for the installation of new vision technology in reverse vending machines located in designated border counties where fraudulent redemption activity is more likely to occur. The new vision technology will allow reverse vending machines to distinguish beverage containers that are properly returnable in the state of Michigan from those that are not. Importantly, the legislation places a reporting requirement on certain beverage dealers and prescribes an application process for payment of the vision technology.

Dealer report due on or before February 1, 2010:  Each beverage dealer that operates a reverse vending machine located in any designated border county must complete and submit Form 4708, Report of Beverage Container and Vending Machine Activity on or before February 1, 2010. The seventeen designated border counties are listed at the top of the enclosed form. After receiving the required reports, the Department will review the information to determine which specific dealer locations have the greatest potential benefit of reducing the fraudulent redemption of non-returnable beverage containers. The reported information will also be used to prioritize vision technology payment applications submitted by reverse vending machine manufacturers.

Reverse vending machine manufacturers payment application: Beginning March 1, 2010, a reverse vending machine manufacturer that has agreed to install vision technology in a dealer's reverse vending machine must submit a written application seeking payment approval for an amount not to exceed $5,000 per machine from the Department. All applications received will be reviewed and approved based on priority criteria established by the legislation and from information contained in form 4708 as submitted by beverage dealers. As applications are approved, the Department will make payment arrangements with the reverse vending machine manufacturers. The application form and additional details on the application process will be available soon by visiting the same web address and heading noted above.

I trust that this information will be of assistance to you as we begin the implementation of this important legislation. Should you have any questions, please contact the Bottle Deposit Section at (517) 636-4730.  

Sincerely,

Scott Lonberger, Administrator Return Processing Division Back to Top

Form 2196 - 2009 Bottle Deposit Fund Reimbursement Forms - Due on or before June 1, 2010

Under P.A. 148 of 1989, Michigan retailers and dealers who sell beverages in returnable containers can request compensation for a small portion of the costs for handling empty containers.  Any excess of deposits collected over refunds made by manufacturers and distributors in paid annually to the Bottle Deposit Fund within the Michigan Department of Treasury.  Seventy-five percent of those funds are deposited into the Cleanup and Redevelopment Trust fund and 25% are apportioned among retailers based on the number of returnable containers redeemed each year. 

The payment is based on the number of empty returnable containers handled in a calendar year. Payment amounts will be known after Treasury determines how much money is available.  Treasury will begin issuing checks after August 1.

To qualify for a portion of these funds, retailers must file a Request for Bottle Deposit Fund Reimbursement Form on or before June 1, 2010.  Reports postmarked after June 1 will not be honored.  Back to Top