HOUSE BILL NO. 4717
A bill to regulate the labeling of certain portable fuel
containers as made in and for use 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:
(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.
(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 or substantially affected 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. (1) If a person manufactures a portable fuel container in this state without the inclusion of parts, other than generic or insignificant parts, imported from outside of this state and if the container does not comply with 40 CFR part 59, subpart F, the person shall clearly stamp, engrave, or otherwise indicate on a central part of the fuel container the words "Made in Michigan. For use only in Michigan." This label is evidence that, if the portable fuel container remains in this state, it has not entered or substantially affected interstate commerce.
(2) If a portable fuel container is not manufactured as described in subsection (1), a person shall not stamp, engrave, or otherwise indicate on the portable fuel container that it is made in this state.