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Michigan: sustainable packaging labelling
Michigan layers an unusually broad resin-code law, a ten-cent beverage-deposit mark, express environmental-claim standards and detailed non-flushable-wipe labelling. Each regime has its own product definition, responsible actors and evidence requirements.
Executive summary
Michigan has one of the most layered state packaging regimes in this report series. Part 161 of the Natural Resources and Environmental Protection Act prescribes resin identification for plastic products. The Beverage Containers Initiated Law requires the refund value and state name on covered returnable containers. The Michigan Consumer Protection Act expressly regulates environmental marketing claims, and Public Act 43 of 2024 adds a detailed warning system for non-flushable wipes.
No single icon satisfies these laws. A covered wipe in a rigid plastic tub can require a resin code on the package, a “Do Not Flush” warning for the contents and substantiation for any environmental claims. A deposit beverage container adds a further market-specific statement. The compliance file should separate each trigger and responsible actor.
Legal status at a glance
| Requirement | Status | Operational meaning |
|---|---|---|
| Plastic-product resin code | mandatory | Covered plastic bottles and rigid containers use a code at least one-half inch high where feasible; Michigan includes an eighth “8 D” degradable category. |
| Beverage-container deposit mark | mandatory | Covered containers state the refund value and the name of Michigan through a securely affixed method. |
| Environmental marketing claim | restricted | Specified recycled, recyclable and degradation claims must comply with the Green Guides and Michigan’s additional decomposition rule. |
| Covered disposable wipe | mandatory and restrictive | The “Do Not Flush” symbol and notice follow package-format rules, and flushable representations are prohibited. |
Plastic-product resin code
Michigan defines a plastic product as a plastic bottle and any other rigid plastic container. A bottle has a capacity of at least 16 ounces and a neck smaller than its body; another rigid container has a capacity of at least eight ounces. The statute does not state a five-gallon upper limit. Every covered plastic product sold in the state must display the code on or near the bottom.
The code uses a number inside the traditional triangle of arrows with letters beneath. It must be at least one-half inch high unless the product cannot accommodate that size, in which case a smaller but easily read label is permitted. Categories 1 through 7 follow the familiar resin system. Michigan uniquely adds “8 D” for a product meeting the statute's degradable definition, which refers to breakdown into component parts within 360 days under exposure to the elements. That category should not be selected casually or treated as a substitute for the separate consumer-claim standards.
Ten-cent beverage-container marking
Michigan's returnable beverage-container system uses a deposit of at least ten cents. Section 445.572(7) requires each covered beverage container sold or offered for sale by a dealer to indicate the refund value and the name of the state clearly. The information may be embossed, stamped, placed on a label or applied by another securely affixed method. A common practical legend is “MI 10¢,” but the statutory test is the value plus the state name.
A refillable container is exempt from the ordinary statement where it has a refund value of at least ten cents, a permanently marked brand and a securely affixed returnable indication. Deposit coverage depends on the statutory beverage and one-gallon-or-less container definitions. Barcodes support reverse-vending operation, but a readable barcode does not replace the required refund statement.
Environmental marketing claims
Michigan Consumer Protection Act section 445.903(1)(dd) treats specified representations by a manufacturer as unlawful when a product or package is represented as recycled, recyclable, degradable or of a stated recycled content in violation of the FTC Green Guides. Contrary to some older summaries, the statute does contain an express cross-reference to 16 C.F.R. Part 260.
Subdivision (ee) separately addresses degradable, biodegradable and photodegradable representations. The claimant must substantiate that the product or package will completely decompose into elements found in nature within a reasonably short period after consumer use and disposal in the relevant landfill or composting facility. The claim file should therefore contain current federal analysis as well as evidence meeting Michigan's express complete-decomposition proposition. A resin “8 D” code does not by itself establish that broader consumer claim.
Non-flushable wipe warning
Public Act 43 covers defined premoistened nonwoven disposable wipes likely to be used in a bathroom or otherwise presenting significant flushing potential. Covered products must display the statutory “Do Not Flush” symbol and label notice. The requirements became effective on 2 April 2025, with the substantive label section applying from 1 February 2025 as stated in the enacted text.
Placement changes by format. Cylindrical packages use the principal display panel and can place the symbol or notice on a flip lid, where it must occupy at least eight percent of the lid. Flexible-film packages place the symbol on both the principal display panel and dispensing side. Refillable tubs place the symbol and notice on the principal display panel. The symbol generally occupies at least two percent of the principal display-panel area, appears in sharp contrast and is not obscured by seams or folds. Bulk and small combination packages have additional rules.
Prohibited flushability representations
A covered wipe may not be represented as flushable through a product name, endorsement, depiction, illustration, trademark, trade name or other presentation. The warning should not be treated as a cure for contradictory branding. The whole package must communicate that the wipe is not intended for toilet disposal.
The statute coordinates with the Federal Hazardous Substances Act and FIFRA where federal labels are involved. FIFRA products follow the submission and approval process specified in the state law. Registrants should retain the EPA submission, approval, Michigan correspondence and date on which approved wording entered production.
Who bears each obligation
The resin law attaches to every covered plastic product sold in Michigan. Deposit duties operate through dealers, distributors and manufacturers under the beverage law. The consumer-protection provisions identify representations by manufacturers while retaining the Act's broader rules for trade or commerce. The wipes law defines manufacturers and covered entities and assigns enforcement-related information duties.
One state matrix should therefore use separate rows for the container manufacturer, beverage initiator, claim maker, wipe manufacturer and retailer. A supplier warranty is useful but does not demonstrate that the final artwork, package format and marketed product satisfy all four regimes.
Enforcement and penalties
Michigan's Attorney General enforces the Consumer Protection Act and receives complaints concerning bottle-deposit compliance. The disposable-wipes statute authorises civil fines, with each violation and enforcement sequence determined under section 324.95135. Deposit violations can also affect retail and liquor-licensing consequences. The resin provisions sit within the environmental code and use their own enforcement structure.
Because these regimes have different remedies, a single “Michigan packaging fine” would be misleading. The operational response should identify the exact breached provision, responsible actor, affected production dates and corrective action.
Practical artwork checklist
Confirm the plastic-product definition, measure capacity and inspect the code height and polymer designation. For covered beverages, verify the ten-cent deposit, state name and durable application. Inventory every environmental representation against both the Green Guides and Michigan's complete-decomposition standard. For wipes, classify the substrate and intended use, select the package-format rule, measure panel and lid areas, verify contrast and remove every flushable implication.
Primary sources and verification
Michigan Legislature. NREPA Part 161, sections 324.16101 and 324.16102, plastic products labelling. Official statute excerpt
Michigan Legislature. Beverage Containers Initiated Law, including section 445.572(7). Official statute
Michigan Legislature. Michigan Consumer Protection Act, section 445.903(1)(dd)-(ee). Official chapter PDF
Michigan Legislature. Public Act 43 of 2024, disposable wipes labelling. Official enacted act
Michigan Department of Treasury. Bottle-deposit information for manufacturers and distributors. Official program guidance
Michigan Department of Environment, Great Lakes, and Energy. Bottle-deposit law FAQ. Official FAQ
Federal Trade Commission. Guides for the Use of Environmental Marketing Claims, 16 C.F.R. Part 260. Official Green Guides
Federal Trade Commission. Environmental Claims: Summary of the Green Guides. Business guidance
The wipe package format and the distinction between resin code 8 D and a consumer degradation claim require separate review. Last verified: 21 August 2026.