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Legislation and Administrative Regulation 
Hard Work and Grassroots Support Bring
Results

2003-2004 Legislative Session

 

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Michigan Bottle Bill Expansion:  In the summer of 2004, several environmental organizations held a press conference to urge the passage of a bill to expand the Bottle Deposit Law to include juice and water containers.  Groups are threatening to put the measure on the 2006 ballot if legislative action is not taken soon (see Bottle Bill Expansion link at left for more details).  One of our primary legislative focuses remains preventing the expansion of the Bottle Deposit Law if it requires used containers to be returned to food stores.  We oppose legislation that has been introduced that would extend mandatory deposits to include all other carbonated and non-carbonated beverages like water, juice, ice tea and sports drinks if they are packaged in metal, plastic or glass containers of a gallon or less in size.  MGA will not support any expansion of the Bottle Bill but will support removing the redemption of dirty, pest-infested beverage containers from grocery stores.

MGA supports the development of a comprehensive, statewide recycling program that encourages greater curbside recycling.  MGA continues to meet with legislators and environmental groups to express our concerns about the political movement in favor of bottle bill expansion.  Of primary importance is the compromise retailers would be forced to make to protect the safe, sanitary nature of the food store while increasing the amount of solid waste in the back room.  As founder of the Michigan Recycling Partnership, MGA continues to work with others in the food and beverage industry to find better solutions to the problem of solid waste disposal.
 

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Repeal of Item Pricing Law:  Michigan has the most restrictive item pricing law in the nation.  With very few exceptions, every item sold at retail must be individually price marked.  This antiquated and redundant regulation thumbs its nose at the increased accuracy and human resource efficiencies provided by modern P.O.S. scanning technology.  Working with legislative leaders, MGA continues to back real reform of Michigan's costly item pricing law, and lacking that opposes any increase in retailer penalties.  In addition, the Association supports fair and reasonable enforcement of the existing law -- a "level playing field" for all retail formats.
 

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MGA Stops Retroactive Collection of Buy Down Tax on Tobacco Sales:  The Michigan Department of Treasury has cited MGA members during audits for not collecting sales tax on the "total price" of a tobacco product.  According to auditors, if a manufacturer rebates a partial return of an item's purchase price, the tax should be collect on the total price of the item.  We have successfully met with Treasury officials to explain that this is both confusing and a change in tax policy.  Treasury officials have agreed to not include this items in audits for now.  We will continue to meet with them to find a permanent solution that does not require the retroactive payment of taxes not charged by retailers.
 

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Internet Sales Law Levels Playing Field for Retailers:  MGA worked with legislators to advocate food industry-friendly changes to the Streamlined Sales and Use Tax legislation.  We then supported passage to make it easier for brick and mortar retailers to compete with Internet and catalog businesses.  The new law allows Michigan to rejoin 42 other states and the District of Columbia in developing a standardized system of collecting sales and use taxes on catalog and Internet sales.
 

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MGA Holds Off Passage of Gas Stabilization Bill:  MGA opposed legislation introduced in both the House and Senate to create the Petroleum Marketing Stabilization Act to regulate gasoline sales and marketing in Michigan.  The bills include language prohibiting retailers from offering a discount coupon on a gasoline purchase if the consumer buys a featured food item.  At our request, the House legislation was sent to a special subcommittee for review.  At this time, the House Transportation Committee says it will not approve the legislation as written.
 

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Michigan Grocers First in Nation to Hold Food Security Exercises:  Michigan grocers were the first in the nation to hold an interactive food security reality check to help government and industry leaders meet critical security challenges.  MGA was a key sponsor and organizer of the exercise held on May 21, 2004 at Michigan State University's Kellogg Center.  More than 125 participants simulated four aspects of a grocery store-related security situation, moving through the threat, incident, response and recovery stages to see how grocers, emergency response leaders and government officials would react if food purchased in a Michigan grocery store was purposely contaminated and making people sick.  The results: Face-to-face communication between industry and government to find ways to improve food security measures and response.
 

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Maintain Michigan's Current Electric Deregulation Law:  A controversial package of bills was introduced to change the state's current electric deregulation law.  Passed in 2000, the current policy allows customers to chose where they want to purchase electricity enabling Michigan grocers, manufacturers, drug stores and schools to save more than $100 million a year.  MGA joined the Consumers Choice Coalition to ensure that state electric restructuring laws remain in place despite strong opposition from DTE Energy and others.
 

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Continue to Oppose a State Ergonomics Rule:  The Michigan Occupational Safety and Health Administration is in the process of drafting a rule to establish a state ergonomics standard.  In 2002, the federal government opted for a voluntary approach rather than a one-size-fits-all standard.  MGA and the business community support this voluntary ergonomics best practices guidelines and oppose any state-mandated program that will cost businesses millions of dollars and result in more enforcement and fines from MIOSHA.
 

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Support Bills to Allow Pharmacies to Fill Long-Term Prescriptions:  The Legislature is considering a five-bill package (HB 4987, 5435, 5436, 5437 and 5438), the Consumer Prescription Protection Act, to allow local pharmacies to fill longer-term prescriptions to better compete with mail order pharmacies.  Companies including the Big Three automakers, Blue Cross & Blue Shield of Michigan and organized labor oppose the bills.  MGA is part of the Coalition for Quality Health Care working to ensure passage of this important legislation.
 

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MGA Fends Off Food Establishment License Fee Increase:  By working with the Michigan Department of Agriculture and the Legislature, MGA was able to fend off an increase in the Food Establishment License fee.  MDA wanted to increase the fee; instead, we urged legislators to find money in the state budget to fund inspections.  Our efforts were successful leading to another MGA victory for our members.
 

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Protecting the Food Industry from Frivolous Lawsuits:  MGA worked closely with the Michigan Restaurant Association on House Bill 5809.   Introduced by Rep. David Palsrok (R-Manistee), the bill was signed by the Governor on October 7.  Public Act 367 of 2004 prohibits individuals from filing frivolous obesity civil court suits against the food service industry. 
 

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Reducing Taxes:  MGA supported resumption of the Single Business Tax phase-out, and continuation of the rollback of State Income Tax rates.  With a projected $1.7 billion deficit in the state's 2004 fiscal year, we will remain vigilant in protecting the food industry from quick-fix tax and fee increases to balance the budget. 

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