Smugglers still cashing in on Michigan can refund
LANSING (AP) – Michigan lawmakers want to crack down on can and bottle smugglers they say are scamming Michigan for undeserved recycling refunds, corrupting a generous 10-cent per container payback policy once infamously portrayed in a “Seinfeld” episode and which beverage officials now claim costs the state millions of dollars annually.
“Seinfeld” characters Kramer and Newman failed miserably in their comedic attempt to cash in on the refund, when they loaded a mail truck full of cans and bottles in New York and attempted to drive them to Michigan. But lawmakers say it’s a serious problem, especially in border counties, and they want to toughen penalties on people who try to return unmarked, out-of-state cans and bottles for refunds.
“If you are intending to defraud … then you should be held accountable for it,” said Republican Rep. Kenneth Kurtz of Coldwater. He recently introduced legislation aimed at cracking down on scammers who drive car and truck loads of cans from Indiana, Wisconsin and Ohio – states that do not offer refunds – to stores across the border in Michigan.
His legislation would make an attempt to return between 100 and 10,000 non-returnable containers punishable by up to 93 days in jail and a $1,000 fine. Current law sets penalties only for those who actually return fraudulent containers.
Michigan’s 10 cent-per-container refund – the highest in the country – was enacted more than 30 years ago to encourage recycling. Many say it’s worked. The state’s recycling rate for cans and bottles was nearly 96 percent in 2011. By contrast, New York, one of nine states with nickel deposits on most containers, saw only a 66.8 percent redemption rate in 2007, the most recent figure available.
Despite measures Michigan lawmakers have taken over the years, including tougher penalties for bottle scammers and new machines that kick out fraudulent cans, store owners and distributors along the border say illegal returns persist.
Mike Hautala owns Hautala Distributing, which services Gogebic and Ontonagon counties in the western part of the Upper Peninsula near the Wisconsin border. He said for every case of beer his distributorship delivers to a store along the border, it picks up about seven more cases of empty cans.
The state loses $10 million to $13 million a year to fraudulent redemptions, according to most recent 2007 estimates from the Michigan Beer and Wine Wholesalers Association. Angela Madden, the association’s director of governmental affairs, said that number has likely gone down slightly because of changes implemented since, but not by much.
Despite their best efforts to clamp down on fraudulent bottles, a federal lawsuit may shake things up even more. In 2012, a federal appeals court in Cincinnati struck down the Michigan law that makes beverage companies put a special mark on cans sold in the state. It said the Michigan law is illegally affecting interstate commerce by dictating where cans can be distributed.
Joy Yearout, spokeswoman for Michigan Attorney General Bill Schuette, said the office has requested a stay on the ruling and plans to file a petition with the U.S. Supreme Court in April.