HOUSE BILL No. 5143 November 30, 1999, Introduced by Reps. Jelinek, Jellema, Julian and Scranton and referred to the Committee on Agriculture and Resource Management. A bill to amend 1959 PA 228, entitled "An act to promote the development of the Michigan fruit and veg- etable industry; to define certain types and methods of fruit and vegetable storage; to prohibit the sale of fruits and vegetables misbranded as to type of storage; to provide for records; to pro- vide for licensing of certain fruit and vegetable storage facili- ties; to provide for registration and permits for packers or repackers; to provide for revocation of licenses; to provide for the enforcement of this act; and to provide penalties for viola- tion of this act," by amending sections 1, 2, 3, 4, 5, 6, and 9 (MCL 286.371, 286.372, 286.373, 286.374, 286.375, 286.376, and 286.379) and by adding sections 2a and 4a; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1.For the purpose ofAS USED IN this act:,2"controlled3 (A) "APPLES" MEANS ALL VARIETIES OF APPLES. 4 (B) "CONTROLLED atmosphere storage", "modified atmosphere5storage" or similar terms referring to a method of storage for02694'99 LBO 2 1fruits or vegetablesmeans the storage of fruits or vegetables 2that have been keptin an approved sealed storage room or in an 3 approved sealed storage building, or in a sealed storage space 4 within the room or building, under controlled conditions of time 5 in days, oxygen content, carbon dioxide content, and temperature 6 as established byregulation of the director of agriculture7 THIS ACT OR RULES ADOPTED UNDER THIS ACT. The term controlled 8 atmosphere may be referred to by the initials "CA" or similar 9 terms or abbreviations. 10 (C) "DIRECTOR" MEANS THE DIRECTOR OF THE MICHIGAN DEPARTMENT 11 OF AGRICULTURE OR HIS OR HER DESIGNATED AGENTS. 12 (D) "SEALED STORAGE ROOM", "SEALED STORAGE SPACE", OR 13 "SEALED STORAGE BUILDING" MEANS SEALED STORAGE SPACES IN WHICH 14 CONTROLLED ATMOSPHERE IS MAINTAINED, INFERRED, ADVERTISED, OR 15 REPRESENTED AS HAVING A CONTROLLED ATMOSPHERE. 16 Sec. 2.NoA person, firm, association or corporation17 OR OTHER LEGAL ENTITY shall NOT sell, LABEL, DESCRIBE, ADVERTISE, 18 OFFER, expose,offer for sale,exchange, or transportany19 fruits or vegetables for sale represented as having beenexposed20toHELD UNDER controlled atmosphereor modified atmosphere21 STORAGE CONDITIONS AS SPECIFIED IN THIS ACT, alone or with other 22 words, or use any such terms or form or words or symbols of simi- 23 lar import on any container or lot of fruits or vegetables adver- 24 tised, sold, offered for sale, or transported for sale within 25 this state unless the fruits or vegetables have been stored in 26 compliance with the provisions of this act,and rulesand27regulationspromulgated by the director.of agriculture.02694'99 3 1 SEC. 2A. (1) EACH SEALED STORAGE ROOM, SEALED STORAGE 2 SPACE, OR SEALED STORAGE BUILDING USED AS A CONTROLLED ATMOSPHERE 3 STORAGE FACILITY FOR FRUITS AND VEGETABLES SHALL BE CONSTRUCTED 4 OF MATERIALS THAT WILL ALLOW FOR THE ESTABLISHMENT AND MAINTE- 5 NANCE OF THE REQUIRED LEVELS OF CARBON DIOXIDE, OXYGEN, AND TEM- 6 PERATURE AND THAT ARE ACCEPTABLE TO THE DIRECTOR. 7 (2) EACH SEALED STORAGE ROOM, SEALED STORAGE SPACE, OR 8 SEALED STORAGE BUILDING SHALL HAVE A FAHRENEHEIT THERMOMETER 9 PROPERLY INSTALLED AND MAINTAINED. AN APPROVED GAS ANALYZER FOR 10 THE MEASUREMENT OF CARBON DIOXIDE AND OXYGEN GASES SHALL BE 11 READILY ACCESSIBLE TO ALL SEALED ROOMS OR UNITS. 12 Sec. 3. (1) A PERSON OR OTHER LEGAL ENTITY STORING FRUITS 13 AND VEGETABLES IN A CONTROLLED STORAGE ATMOSPHERE SHALL KEEP A 14 DAILY recordon a form approved by the director of agriculture15shall be keptat a convenient location adjacent to the storage 16 room, storage space, or storage building from the day of sealing 17 the room, space, or building to the day of opening of the storage 18 room, space, or building. 19 (2) THE DAILY RECORDS KEPT UNDER SUBSECTION (1) SHALL INDI- 20 CATE THE ATMOSPHERIC CONDITIONS IN EACH SEALED STORAGE SPACE FROM 21 THE DATE OF SEALING UNTIL THE DATE THE SPACE IS OPENED. THE 22 DAILY RECORDS SHALL INDICATE THE DATE AND TIME OF RECORDING, THE 23 TEMPERATURES IN DEGREES FAHRENHEIT, THE PERCENTAGES OF CARBON 24 DIOXIDE, AND THE PERCENTAGE OF OXYGEN. 25 (3) The DAILY record shall be subject to review by the 26 directorof agriculture or his authorized agentsat any time 27 for a period of at least 1 year from date of sealing. 02694'99 4 1 Sec. 4. The directorof agriculture shall make reasonable2 MAY PROMULGATE rules and regulationsin accordance with the pro-3visions of Act No. 88 of the Public Acts of 1943, as amended,4being sections 24.71 to 24.82 of the Compiled Laws of 1948, and5subject to Act No. 197 of the Public Acts of 1952, as amended,6being sections 24.101 to 24.110 of the Compiled Laws of 1948 in7the enforcement of the provisions of this actREGARDING THE CON- 8 TROLLED ATMOSPHERE STORAGE OF FRUIT AND VEGETABLES PURSUANT TO 9 THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL 10 24.201 TO 24.328. 11 SEC. 4A. (1) A PERSON OR OTHER LEGAL ENTITY DESIRING TO 12 MAINTAIN A LICENSED CONTROLLED ATMOSPHERE ROOM SHALL NOTIFY THE 13 DIRECTOR WITHIN 5 DAYS AFTER THE DATE OF SEALING. THE OXYGEN 14 WITHIN THE SEALED STORAGE ROOM SHALL BE 5% OR LOWER WITHIN 14 15 DAYS AFTER THE STORAGE ROOM IS SEALED BY THE OPERATOR. AN OPERA- 16 TOR SHALL MAKE AVAILABLE FOR INSPECTION, UPON REQUEST OF THE 17 DIRECTOR, THE DAILY RECORD FOR THE SEALED STORAGE ROOMS. 18 (2) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3), THE 19 APPLES SHALL BE STORED IN A CONTINUOUSLY SEALED STORAGE ROOM THAT 20 DOES NOT HAVE MORE THAN 5% OXYGEN FOR A MINIMUM PERIOD OF 60 21 DAYS, EXCEPT THAT GALA AND JONAGOLD VARIETIES MAY BE REMOVED FROM 22 STORAGE IN NOT LESS THAN 45 DAYS. 23 (3) THE OXYGEN LEVEL IN ANY SEALED CONTROLLED STORAGE MAY BE 24 MORE THAN 5% FOR AN ACCUMULATED TIME NOT TO EXCEED 10 DAYS (240 25 HOURS) DURING THE STORAGE PERIOD. IF THE ATMOSPHERIC CONDITIONS 26 HAVE BEEN INTERRUPTED, THE MINIMUM STORAGE PERIOD SHALL BE 02694'99 5 1 INCREASED TO 70 DAYS FOR ALL FRUIT EXCEPT FOR GALA AND JONAGOLD, 2 WHICH SHALL HAVE A MINIMUM STORAGE PERIOD OF 55 DAYS. 3 (4) ALL CONTROLLED ATMOSPHERE STORAGE ROOMS SHALL BE SEALED 4 BY THE OPERATOR. TO QUALIFY FOR "CA" STORAGE, THE ROOM MUST BE 5 SEALED ON OR BEFORE NOVEMBER 15 OF THE STORAGE YEAR. AT THE TIME 6 OF INSPECTION BY A DEPARTMENT REPRESENTATIVE, THE REPRESENTATIVE 7 MUST PLACE AN OFFICIAL SEAL ON THE DOOR. AN OPERATOR SHALL NOT 8 BREAK THE SEAL AND SHALL NOT ENTER THE STORAGE ROOM DURING THE 9 DAYS REQUIRED FOR THE SEALED STORAGE PERIOD, EXCEPT AS PROVIDED 10 IN SUBSECTION (3). IF INTERRUPTIONS IN ATMOSPHERIC CONDITIONS 11 OCCUR, THE OPERATOR SHALL NOTIFY THE DEPARTMENT WITHIN 48 HOURS 12 AFTER THE ATMOSPHERIC CONDITIONS IN THE STORAGE ROOM ARE 13 INTERRUPTED. STORAGE ROOMS WHOSE ATMOSPHERIC CONDITIONS WERE 14 INTERRUPTED MAY BE RESEALED BY AN AUTHORIZED REPRESENTATIVE OF 15 THE DEPARTMENT. 16 (5) THE AIR TEMPERATURE OF ANY STORAGE ROOM SHALL NOT EXCEED 17 35 DEGREES FAHRENHEIT FOR JONATHAN, ROME BEAUTY, DELICIOUS (ALL), 18 AND STAYMAN VARIETIES AND THE TEMPERATURE SHALL NOT EXCEED 41 19 DEGREES FAHRENHEIT FOR ALL OTHER VARIETIES DURING THE INTERRUP- 20 TION PERIOD. 21 Sec. 5. (1)NoA person, firm, association or22corporationOR OTHER LEGAL ENTITY shall NOT operate any sealed 23 type storage for fruits or vegetables where controlled atmosphere 24 is used without first obtaining a license from the directorof25agricultureFOR EACH SEALED STORAGE UNIT.A license shall be26applied for and obtained for each sealed storage unit where27fruits or vegetables are stored under controlled atmosphere02694'99 6 1conditions. ApplicationAN APPLICATION for license shall be 2 made on forms furnished by the director.of agriculture.3 (2) A fee of$25.00$35.00 per room shall accompany each 4 application.NoTHE DIRECTOR SHALL NOT ISSUE A licenseshall5be issuedunderthe provisions ofthis act unless the director 6of agricultureor his OR HER authorized agent has inspected the 7 storage facilities and foundthemTHOSE FACILITIES to be in 8 compliance with this act andregulationsRULES promulgated 9 under this act. 10 (3) All licensesshallexpire on November115 of the 11 year after issue,andshallMAY be renewed annually 12thereafter,unless the license is revoked or suspended.When13fruits14 (4) FRUITS and vegetablesarenot represented as con- 15 trolled atmosphereor modified atmospherestorageit shall16 ARE notbe necessary to complyREQUIRED TO BE IN COMPLIANCE 17 with the requirements of this act. 18 Sec. 6. (1)TheIN ADDITION TO ANY OTHER PENALTIES OR 19 SANCTIONS PROVIDED FOR BY LAW, THE directorof agriculture20 AFTER NOTICE AND OPPORTUNITY FOR A HEARING UNDER THE ADMINISTRA- 21 TIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL 24.201 TO 24.328, 22 maywithhold and refuse to issueDENY, SUSPEND, OR REVOKE a 23 license for any controlled atmosphere storage room, space, or 24 building that had not been operated, or is not prepared to be 25 operated, inaccordance with the requirements ofCOMPLIANCE 26 WITH this act or any rulesand regulationsissuedhereunder27 UNDER THIS ACT.The director of agriculture may bring an action02694'99 7 1for the revocation of any license issued under the authority of2this act in the circuit court of the county where the license was3issued.4 (2) THE DIRECTOR, UPON FINDING AFTER NOTICE AND OPPORTUNITY 5 FOR A HEARING THAT A PERSON HAS VIOLATED ANY PROVISION OF THIS 6 ACT, MAY IMPOSE AN ADMINISTRATIVE FINE OF NOT MORE THAN $1,000.00 7 FOR EACH VIOLATION. 8 (3) IF THE DIRECTOR FINDS THAT A PERSON OR FIRM HAS VIOLATED 9 PROVISIONS OF THE ACT DESPITE THE EXERCISE OF DUE CARE, THE 10 DIRECTOR MAY ISSUE A WARNING INSTEAD OF IMPOSING AN ADMINISTRA- 11 TIVE FINE. 12 (4) THE DIRECTOR SHALL ADVISE THE ATTORNEY GENERAL OF THE 13 FAILURE OF A PERSON TO PAY AN ADMINISTRATIVE FINE IMPOSED UNDER 14 THIS SECTION. THE ATTORNEY GENERAL SHALL BRING AN ACTION IN A 15 COURT OF COMPETENT JURISDICTION TO RECOVER THE FINE. 16 (5) THE DIRECTOR MAY BRING AN ACTION TO ENJOIN THE VIOLATION 17 OR THREATENED VIOLATION OF THIS ACT OR A RULE PROMULGATED PURSU- 18 ANT TO THIS ACT IN A COURT OF COMPETENT JURISDICTION OF THE 19 COUNTY IN WHICH THE VIOLATION OCCURS OR IS ABOUT TO OCCUR. 20 (6) ANY CIVIL PENALTIES OR RECOVERY OF ANY ECONOMIC BENEFITS 21 ASSOCIATED WITH A VIOLATION OF THIS ACT AND COLLECTED UNDER THIS 22 SECTION SHALL BE PAID TO THE STATE TREASURY AND CREDITED TO THE 23 DEPARTMENT FOR THE ENFORCEMENT OF THIS ACT. 24 Sec. 9. Any person, firm, association or corporationOR 25 OTHER LEGAL ENTITY who violates any of the provisions of this act 26 is guilty of a misdemeanor PUNISHABLE BY A FINE OF NOT LESS THAN 02694'99 8 1 $200.00 OR MORE THAN $5,000.00 OR BY IMPRISONMENT FOR NOT MORE 2 THAN 90 DAYS. 3 Enacting section 1. Sections 7 and 8 of 1959 PA 228, MCL 4 286.377 and 286.378, are repealed. 02694'99 Final page. LBO