HOUSE BILL No. 4717

 

 

June 12, 2019, Introduced by Reps. Steven Johnson, Miller, Bellino, Slagh, VanSingel, Howell, Elder and Sabo and referred to the Committee on Commerce and Tourism.

 

     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 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. 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.