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SB 1170

Trade: consumer goods and services; regulation of the shopping reform and modernization act; modify. Amends title & secs. 2, 3, 7, 10 & 13 of 2011 PA 15 (MCL 445.312 et seq.); adds sec. 10a & repeals sec. 11 of 2011 PA 15 (MCL 445.321).

2023-2024 Regular Session Introduced by Sue Shink

SB 1170 shifts price-display enforcement to MDARD, adding inspections and escalating civil fines, and requires per-weight/volume pricing for unpackaged items.

referred to Committee on Government Operations
#stateagencies(existing):agricultureandruraldevelopment #trade:consumergoodsandservices
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Bill Summary · SB 1170

SB 1170 — Summary (Substitute S-1)

Subject: Amendments to the Shopping Reform and Modernization Act (MCL 445.312 et seq.) — pricing display, inspections, enforcement, and civil penalties

Purpose / Intent

SB 1170 updates Michigan’s Shopping Reform and Modernization Act to (1) clarify and modify when and how retail prices must be displayed (including per‑weight/volume requirements for unpackaged items), and (2) shift and expand certain enforcement and inspection authorities to the Department of Agriculture and Rural Development (MDARD) to provide a more consistent, expedited enforcement regime.

Key provisions

  • Price display requirements

    • Retailers must display the total price of a consumer item at the place of sale, except for items specifically exempted.
    • A consumer item sold by weight or volume and not packaged or contained must display a price-per-weight or price-per-volume.
    • The bill revises the list of exemptions (examples in current text include motor vehicles, certain motor vehicle parts not accessible to the public, unpackaged food, live plants/animals, small low‑cost items, greeting cards with coded prices, and ordered-by-mail items).

  • Definitions

    • Expands the definition of “person” to explicitly include “member club” (membership‑based businesses/programs that offer products/services and member discounts).

  • Enforcement: MDARD authority

    • MDARD Director may investigate, enter into written consent agreements, and assess civil fines by agreement:
    • 1st violation: at least $150 and up to $2,500, plus actual investigation costs and the amount of any economic benefit from the violation.
    • 2nd violation (within 2 years of the 1st): $500–$5,000, plus actual costs and twice the economic benefit.
    • 3rd or subsequent violation (within 2 years): $500–$10,000 per violation, plus actual costs and three times the economic benefit.
    • If a person refuses the proposed consent agreement within 15 days, the Director may file a civil action; a court may assess up to $10,000 per violation plus investigation costs and economic benefit amounts.

  • Inspections and fees

    • Authorizes MDARD to conduct regular inspections of persons subject to the Act.
    • Regular inspections are not chargeable unless they are reinspections for noncompliance or performed at the person’s request.
    • Director may establish and collect fees/expenses for special services; collected fees and civil fines are deposited to the General Fund and credited to MDARD for enforcement.

  • Attorney General remedies

    • Retains the Attorney General’s authority to seek injunctions; includes procedural notice and assurance‑of‑discontinuance provisions.

  • Other

    • Director may promulgate administrative rules to implement the Act.
    • The bill amends multiple sections (2, 3, 7, 10, 13), adds a section (10a), and repeals section 11 of 2011 PA 15.

Who is affected

  • Retailers and member clubs selling consumer items in Michigan (including grocery, bulk/unpackaged sellers, and others).
  • Consumers — clearer price visibility, including per‑weight/volume pricing for unpackaged items.
  • MDARD — increased inspection and enforcement responsibilities.
  • Attorney General and courts — continue to play roles in injunctive and judicial enforcement.

Fiscal and procedural notes

  • Committee analyses report no net fiscal impact on state or local government; however, fines and certain fees are directed to the General Fund and credited to MDARD for enforcement.
  • Establishes a formal MDARD consent/penalty process intended to speed compliance and follow‑up compared with the prior AG‑driven enforcement model.

Status / Legislative history (selected)

  • Substitute (S-1) reported and passed by the Senate (Dec 12, 2024 in the legislative record provided).
  • Introduced as SB 1170 (Dec 3, 2024); referred to Natural Resources and Agriculture; reported with substitute S-1.
  • (Note: various procedural entries in the record reflect committee activity, reporting, and referral. Check the legislature’s website for current status and effective date if enacted.)

Compiled from official sources — confirm details with the bill’s official record.

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