The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)


STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5399

November 29, 1978

HOSPITALS:

Serving beverages in containers to patients

BEVERAGES:

Hospitals serving beverages in containers to patients

A hospital may not serve patients beverages in beverage containers which are not labeled or embossed with the refund value of the container and the State of Michigan.

Honorable H. Lynn Jondahl

State Representative

The Capitol

Lansing, Michigan 48909

You have requested my opinion as to whether a hospital may serve patients a beverage in a beverage container which is not labeled or embossed in accordance with section 2(7) of the Initiated Law of 1976, MCLA 445.571 et seq; MSA 18.1206(1) et seq.

The Initiated Law of 1976, supra, was adopted by the voters of Michigan on November 2, 1976, and becomes effective December 3, 1978.

Subsections 2(1) and 2(7) of the Initiated Law state in pertinent part:

'(1) A dealer shall not, within this state, sell, offer for sale, or give to consumers a nonreturnable container or a beverage in a nonreturnable container.

'(7) Every beverage container sold or offered for sale by a dealer within this state shall clearly indicate by embossing or by a stamp, or by a label or other method securely affixed to the beverage container, the refund value of the container and the name of this state. . . .' [Emphasis added]

The issue therefore is whether a hospital is a 'dealer' under the terms of the Initiated Law, supra, when it supplies beverages in beverage containers to its patients.

'Dealer' is defined by subsection 1(f) of the Initiated Law to mean:

'. . . a person who sells or offers for sale to consumers within this state a beverage in a beverage container, including an operator of a vending machine containing a beverage in a beverage container.' [Emphasis added]

'Person' is defined by subsection 1(e) to mean:

'. . . an individual, partnership, corporation, association, or other legal entity.'

Hospitals provide beverages to their patients and impose a charge for medical and other services which includes the serving of meals and beverages. Thus, a patient is a consumer of the beverage even though the hospital does not charge a patient for the beverage at the time that the beverage is supplied; the cost of the beverage, however, is included in the hospital bill. Thus, it may be concluded that the hospital is a 'dealer' within the definition of the term as used in subsection 1(f), supra, and 'sells' the beverage to its patients.

It is my opinion, therefore, that a hospital may not serve a patient a beverage in a beverage container which is not properly labeled or embossed with the refund value of the container and the State of Michigan.

If it is determined, for sanitary reasons, to be in the best public interest to permit hospitals to dispose of beverage containers, the Legislature may consider amending the Initiated Law of 1976, supra, to so provide. This may be accomplished if 3/4 of the members elected to and serving in each house, vote in favor of such an amendment. Const 1963, art 2, Sec. 9.

Frank J. Kelley

Attorney General