June 8, 2017, Introduced by Reps. Johnson, Miller, Reilly, Pagel and Brann and referred to the Committee on Natural Resources.
A bill to provide for the labeling of certain portable fuel
containers as made in Michigan; and to make findings that, under
certain circumstances, portable fuel containers have not entered or
substantially affected interstate commerce.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Generic or insignificant parts" means parts that are
minor components or have manufacturing or consumer product
applications other than the production of portable fuel containers
and includes, but is not limited to, steel and plastic.
(b) "Manufactured" means created from basic materials for
functional usefulness, including, but not limited to, forging,
casting, machining, molding, stamping, or other processes for
working materials.
(c) "Portable fuel container" means that term as defined in 40
CFR 59.680.
Sec. 2. The legislature finds all of the following:
(a) A portable fuel container that is manufactured in this
state without the inclusion of parts, other than generic or
insignificant parts, imported from outside of this state and that
remains within this state has not entered into interstate commerce
and is not subject to congressional authority to regulate
interstate commerce.
(b) Basic materials, such as unmachined and unshaped steel and
plastic, are not portable fuel containers and are not subject to
congressional authority to regulate portable fuel containers in
interstate commerce as if the basic materials were actually
portable fuel containers.
(c) Congressional authority to regulate interstate commerce in
basic materials does not include authority to regulate portable
fuel containers manufactured in this state from those basic
materials.
Sec. 3. A portable fuel container manufactured in this state
without the inclusion of parts, other than generic or insignificant
parts, imported from outside of this state, may have the words
"made in Michigan" clearly stamped, engraved, or otherwise clearly
indicated on a central part as evidence that, if the portable fuel
container remains in this state, it has not entered or
substantially affected interstate commerce.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.