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Legislative & Regulatory Alerts

 

 2008 Alerts:   2007 Alerts: 

Retailers Must Post New Nutrition Information
2007 Bottle Deposit Fund Reimbursement
Reminder to Post MIOSHA Form 300A
State Rollout of WIC EBT Program

 
 

NFIB/MI Releases New Tax Plan Calculator
Student Work-Hour Deviation
Castleberry's Foods Recall
New Federal Minimum Wage Poster Requirement
New SAR Report Form
Beef Products Recall
Combat Meth Training/Self Certification
Reminder to Post MIOSHA Form 300A
2006 Bottle Deposit Fund Reimbursement  

2008 Alerts:

Retailers Must Post New Nutrition Information for Fish and Produce.

[February, 2008]  Retailers are urged to post new nutrition information for Fish and Produce immediately in their produce and seafood departments as part of the current FDA nutrition labeling program for fresh foods.  Failure to do so could prompt FDA to turn this voluntary program into a regulatory mandate.  Click here to download the information you need.

MIOSHA Remindes Employers to Post Form 300A from February 1 to April 30.

[February, 2008]  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 Hale at 800.947.6237 x 25 if you need forms faxed or mailed to you. Back to Top

2007 Bottle Deposit Fund Reimbursement Forms due on or before June 1, 2008.

[January, 2008]  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 2196) on or before June 1, 2008.  Reports postmarked after June 1 will not be honored.  Back to Top

WHERE TO GET FORM 2196:

For your convenience, a copy of Form 2196 is attached.  This form can also be found in the Sales and Use Tax Booklet sent to you or your accountant.  Form 2196, along with many other tax forms, can now be completed on-line for printing and mailing.  Visit the 2006 Sales & Use Tax Forms Page of Treasury’s website for more information.  Back to Top

State Rollout of WIC EBT Program to begin in January.

[January, 2008]  As reported in the December 2007 issue of the Michigan Food News, the state will begin to rollout the WIC Electronic Benefit Transfer (EBT) program across the state at the end of January.

Each month during the rollout period, WIC vendors located in a specific group of counties will be converted to electronic WIC processing. Clients will be issued a Michigan WIC Bridge Card to use at stores to redeem WIC benefits, similar to the way food stamps are issued today on EBT cards. WIC EBT processing will eliminate the need for paper coupon processing, thus speeding up the checkout process.

WIC EBT Group

Conversion Date

No. of Counties

All vendors located in the each county listed below will need
to be ready by the conversion date shown for that group

1

January 28, 2008 2 Barry, Eaton
2 February 25, 2008 5 Calhoun, Ingham, Branch, Hillsdale, St. Joseph
3 March 24, 2008 8 Kalamazoo, Allegan, Ottawa, Van Buren, Cass, Berrien, Kent Muskegon
4 April 21, 2008 11 Arenac, Clare, Gladwin, Isabella, Osceola, Roscommon, Ionia, Clinton, Gratiot, Montcalm, Shiawassee
5 May 27,2008 4 Washtenaw, Monroe, Lenawee, Livingston
6 June 30, 2008 Detroit City of Detroit
7 August 4, 2008 1 Wayne
8 September 2, 2008 2 Oakland, Macomb
9 September 29, 2008 9 Lapeer, Tuscola, Huron, Sanilac, Genesee, Bay, Saginaw, Midland, St. Clair
10 October 20, 2008 15 Keweenaw, Dickinson, Iron, Baraga, Gogebic, Houghton, Ontonagon, Marquette, Delta, Menominee, Alger, Luce, Mackinac, Schoolcraft, Chippewa
11 November 17, 2008 25 Crawford, Kalkaska, Lake, Manistee, Mason, Mecosta, Missaukee, Oceana, Newaygo, Wexford, Grand Traverse, Benzie, Leelanau, Alcona, Iosco, Ogemaw, Oscoda, Alpena, Cheboygan, Montmorency, Presque Isle, Antrim, Charlevoix, Emmet, Otsego


2007 Alerts:

NFIB/MI Releases New Michigan Business Tax (MBT) Estimator© Version 7.5 Surcharge Edition

[December 18, 2007]  The new NFIB Michigan Business Tax (MBT) Plan Estimator is an Excel 2003 spreadsheet based program. Its purpose is to allow users to estimate tax liability under the new Michigan Business Tax (MBT) that replaces the previous Michigan Single Business Tax (SBT).

Version 7.5 is an update to reflect the passage of legislation in December of 2007 that applied a surcharge to the MBT to replace revenue from a repeal of the services tax. On the first worksheet, the "Data Entry - Summary" sheet, the MBT surcharge amount is shown below the MBT and Alternative Profits Tax (APT) calculation area.

The upper original Data Entry - Summary worksheet with the MBT and APT calculation area, was left unchanged to allow a comparison of the original MBT and the surcharged MBT.

A new worksheet titled "Surcharge" was added to calculate the surcharge. The surcharge rate is 21.99%, however, the total surcharge liability to a taxpayer is capped for each tax year at $6,000,000. Since there are less than a dozen taxpayers in the state that would reach the capped liability, this version does not include the cap in the calculation.

Taxpayers that qualify for the APT method of filing will be exempt from the surcharge in most circumstances. This is because the APT credit is determined by subtracting the total APT tax liability from the total surcharged MBT liability. This method of credit calculation zeroes out the surcharge. The exception are those taxpayers between the APT threshold limits because the APT credit is reduced as a taxpayer moves from the lower to the maximum threshold amounts. The threshold ranges are: Owner Income $160K - 180K, Gross Receipts $19 - 20 million. The Adjusted Business Income threshold has no range and is $1.3 million.

Version 7.5 also updates the MBT Information Tabbed worksheet to reflect changes from the surcharge legislation.

More information:

bulletData is only accepted in the yellow highlighted cells.
bulletData cells with small red triangles in the upper right corner include pop-up notes and information.
bulletMore information can be viewed by selecting the worksheet tabs at the bottom of the screen.

The spreadsheet is intended to give the average in-state Michigan business an approximation of tax liability under the MBT. It does not attempt to calculate unique circumstances or narrow exemptions and credits that are part of the MBT but not used by most taxpayers. For more information, select the MBT Information tab at the bottom of the screen or the "Errata" tabbed worksheet at the end of the spreadsheet.

Disclaimer

NFIB/Michigan is providing the MBT Estimator free of charge as a public service to allow business owners and interested individuals to determine approximate tax liability under the MBT. NFIB assumes no liability for incorrect results or determination of tax liability. The MBT estimator is not a substitute for competent counsel from a tax professional. The Estimator may be downloaded, distributed, and shared by users without permission as long as NFIB is referenced as the source. Altering or changing the spreadsheet in any way or removing the NFIB masthead is prohibited without permission.

The spreadsheet will only calculate from information provided by the user. It is the responsibility of the user to determine if the data they input is correct relative to their specific tax situation and the definitions and criteria under the MBT.

If you receive errors after running the spreadsheet with data you input, or if the numbers do not seem to be correct, email the spreadsheet, as is, to charles.owens@nfib.org and he will try to determine the problem. Users should check back with the website periodically for updated or corrected versions. The highest version number (such as 7.5) will be the latest version.

The Errata tabbed worksheet at the back of the workbook lists a history of development, changes, upgrades and corrections.

MGA Secures Student Work-Hours Deviation for Holiday Season

[November 8, 2007]  To help members with holiday staffing needs, Michigan Grocers Association requested a deviation in the hours standard for youth employment.  The Michigan Department of Labor & Economic Growth (DLEG) Wage and Hour Division approved the request in October.  The Youth Employment Standards Act was amended to allow 16- and 17-year-olds to work until 11:30 p.m. on Fridays and Saturdays and during school vacations without a deviation.  However, many MGA member retailers are open until midnight.  This deviation gives them greater scheduling flexibility during the busy holiday shopping season.


STATE OF MICHIGAN

JENNIFER M. GRANHOLM
GOVERNOR

DEPARTMENT OF LABOR & ECONOMIC GROWTH
Lansing

KEITH W. COOLEY
DIRECTOR

October 10, 2007

Nora L. Hale,

Executive Assistant to the President
Michigan Grocers Association
221 North Walnut Street
Lansing, MI  48933

Dear Ms. Hale:

This will acknowledge receipt of your October 8, 2007 request on behalf of the Michigan Grocers Association retail membership for an hour’s deviation for minor employees.

Your membership is hereby granted a deviation to employ 16 and 17 year olds between the hours of 11:30 pm and midnight on Fridays and Saturdays and during school vacation periods beginning November 16, 2007 until January 2, 2008.  Additionally, this deviation allows 16 and 17 year old minors to work until 11:30 p.m. on school nights when students are not on a vacation period during November 15, 2007 thru January 2, 2008. 

This deviation requires:

bullet Each store in your membership to keep a copy of this letter on file at the place of employment;
bullet That minors work no more than 48 hours per week when school is not in session;
bullet When school is in session, the 48 hour maximum is a combination of school hours and work hours; and
bullet Each store in your membership to have work permits for all minors employed and written permission of the parent or guardian for each minor to work deviated hours.

This temporary hours deviation shall not excuse noncompliance with the provisions of the Youth Employment Standards Act. Records required by the Act must be maintained and made available for inspection by an authorized representative of the Wage and Hour Division.

Sincerely,


Georgia B. Harris

Program Evaluation Manager
Wage and Hour Division

WAGE & HOUR DIVISION
P.O. BOX 30476 · LANSING, MICHIGAN 48909-7976
www.michigan.gov/wagehour
· (517) 335-0400 · FAX (517) 335-0077

For more information, contact MGA at 800.947.6237.  Back to Top

Castleberry's Food Company is expanding its voluntary recall to additional products

[July 23, 2007] 

bullet This recall has been expanded and now includes more food products, retailer private label products and pet food.  Please check all the products listed in this fax (provided by Castleberry’s website).
bullet Remove all of the recalled products from store shelves. If possible, use other methods, such as locking out the UPC codes, to ensure these products are not sold to consumers.
bullet Consider other means for alerting consumers to this recall (store signs, press announcements, shopper notification, etc.)
bullet Targeted action should be taken to secure product removed from store shelves or put on hold at warehouses and DCs. Consider shrink wrapping or marking containers to ensure that the product does not accidentally find its way back into commerce.
bullet Product should be handled as "hazardous" and arrangements made for disposal in accordance with local or state regulations. Consider contacting the supplier for specific information on how to dispose of product.

There is concern that the information about this recall is not getting out to retail stores and consumers. Although some cans that contain the bacteria C. botulinum may swell, there is no reliable way, other than laboratory analysis, to determine which products may contain the toxin. Botulism is a rare but potentially deadly disease.

Complete List of Recalled Items:

Brand

Product

Can Size

UPC Barcode

Austex

Beef Stew

15oz

30300 90815

Austex

Chili with Beans

15oz

30300 91015

Austex

Chili with Beans

19oz

30300 92519

Austex

Chili no Beans

15oz

30300 97715

Austex

Chili no Beans

19oz

30300 97719

Austex

Onion Hot Dog Chili Sauce

10oz

30300 97101

Austex

Hot Dog Chili Sauce

10oz

30300 99533

Best Yet

Chili with Beans

15oz

4218740842

Best Yet

Corned Beef Hash

15oz

4217841082

Big Y

Chili with Beans

15oz

18894 80425

Big Y

Chili no Beans

15oz

18894 80424

Big Y

Corned Beef Hash

15oz

18894 80225

Black Rock

Chili with Beans

15oz

30300 01715

Bloom

Hot Dog Chili Sauce

10oz

25439 92448

Bryan

Chili no Beans

10oz

53400 35264

Bryan

Chili no Beans

15oz

53401 30200

Bryan

Chili with Beans

15oz

53400 30205

Bryan

Corned Beef Hash

15oz

53400 30110

Bryan

Hot Dog Chili Sauce with Beef

10oz

53400 30010

Bunker Hill

Chili no Beans

10oz

75266 04112

Bunker Hill

Spicier Chili no Beans

10oz

75266 04224

Bunker Hill

Hot Dog Chili Sauce

10oz

75266 04152

Castleberry's

Barbecue Pork in Barbecue Sauce

10oz

30300 00402

Castleberry's

Barbecue Pork in Barbecue Sauce

14.5oz

30300 00415

Castleberry's

Barbecue Beef

10oz

30300 00602

Castleberry's

Beef Stew

15oz

30300 00815

Castleberry's

Brunswick Beef Stew Chicken & Beef

15oz

30300 00315

Castleberry's

Chili with Beans

15oz

30300 01015

Castleberry's

Chili no Beans

10oz

30300 07701

Castleberry's

Chili no Beans

15oz

30300 07715

Castleberry's

Corned Beef Hash

15oz