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