2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 388 of 2008 - Beverage Container Redemption Antifraud Act (445.631 - 445.643) › Section 445.635 - Retrofit of Reverse Vending Machines; Payment to Reverse Vending Machine Manufacturers; Application for Payment; Acceptance as Full Payment; Proof of Completion; Conditions for Requiring Installation or Retrofitting of Reverse Vending Machines.

445.635 Retrofit of reverse vending machines; payment to reverse vending machine manufacturers; application for payment; acceptance as full payment; proof of completion; conditions for requiring installation or retrofitting of reverse vending machines.
Sec. 5.
(1) The department shall pay reverse vending machine manufacturers to retrofit reverse vending machines to comply with the reverse vending machine antifraud act.
(2) A reverse vending machine manufacturer that has agreed to retrofit a dealer's reverse vending machines to comply with the reverse vending machine antifraud act shall submit a written application to the department for payment to retrofit the dealer's reverse vending machines. All of the following apply to the application for payment described in this subsection:
(a) The department shall prescribe the form of the application.
(b) A reverse vending machine manufacturer may only submit an application for retrofitting a dealer's reverse vending machines and receive payment under this act if the dealer is required to retrofit those reverse vending machines under the reverse vending machine antifraud act.
(c) An application submitted to the department shall include all of the following:
(i) Contact information for the reverse vending machine manufacturer, the number of reverse vending machines to be retrofitted by the manufacturer, the serial numbers of those machines, where those machines are located, the name and contact information of the dealer that owns or leases those machines, a copy of the dealer's purchase order for the retrofitting of those machines, the street address and county where those machines will be in operation after they are retrofitted, and any other information required by the department.
(ii) The total cost of retrofitting each reverse vending machine described in the application to install vision technology.
(iii) The signature of a designated agent of the reverse vending machine manufacturer, certifying that all of the contents of the application are correct.
(iv) The signature of a designated agent of the dealer whose reverse vending machines are to be retrofitted by the reverse vending machine manufacturer, certifying that all of the contents of the application are correct.
(d) A reverse vending machine manufacturer shall submit a separate application for each location where a dealer operates reverse vending machines.
(3) A reverse vending machine manufacturer that receives payment under this act for retrofitting a reverse vending machine manufacturer shall accept that payment as full payment for the retrofitting of that machine.
(4) When a reverse vending machine manufacturer completes the retrofitting of the reverse vending machine at a dealer's location, the reverse vending machine manufacturer shall submit proof to the department, in a form and manner prescribed by the department and signed by a designated agent of the dealer, that the retrofitting is complete.
(5) The department shall not require that a dealer or reverse vending machine manufacturer retrofit a reverse vending machine to meet the dealer requirements imposed in section 7(1) or 9(1) of the reverse vending machine antifraud act unless the department first establishes under this act that the dealer must install or retrofit the reverse vending machines at a retail location in order to meet the requirements of section 7(1) or 9(1) of the reverse vending machine antifraud act and makes money available for that retrofit under this act.
History:
2008, Act 388, Imd. Eff. Dec. 29, 2008