June 29, 2005, Introduced by Senators STAMAS, KUIPERS, SIKKEMA, HAMMERSTROM, McMANUS, GARCIA, ALLEN, BIRKHOLZ, GOSCHKA, BARCIA and PRUSI and referred to the Committee on Agriculture, Forestry and Tourism.
A bill to amend 1998 PA 381, entitled
"Michigan agricultural processing act,"
by amending section 4 (MCL 289.824).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) The Michigan commission of agriculture shall
request the director of the Michigan department of agriculture or
his or her designee to investigate all nuisance complaints under
this act involving a processing operation. The administrative
remedy under this section is the exclusive remedy for the bringing
of a public or private nuisance complaint involving a processing
operation.
(2) The Michigan commission of agriculture and the director of
the Michigan department of agriculture may enter into a memorandum
of understanding with the Michigan department of environmental
quality. The investigation and resolution of nuisance complaints
shall be conducted pursuant to the memorandum of understanding.
(3) If the director of the Michigan department of agriculture
or his or her designee finds upon investigation that the person
responsible for the processing operation is using generally
accepted fruit, vegetable, dairy product, and grain processing
practices, the director of the Michigan department of agriculture
or his or her designee shall notify that person and the complainant
of this finding in writing. If the director of the Michigan
department of agriculture or his or her designee identifies the
source or potential sources of the problem caused by the use of
other than generally accepted fruit, vegetable, dairy product, and
grain processing practices, the director of the Michigan department
of agriculture or his or her designee shall advise the person
responsible for the processing operation that necessary changes
should be made to resolve or abate the problem and to conform with
generally accepted fruit, vegetable, dairy product, and grain
processing practices. The director of the Michigan department of
agriculture or his or her designee shall determine if those changes
are implemented and shall notify the person responsible for the
processing operation and the complainant of this determination in
writing.
(4) A complainant who brings more than 3 unverified nuisance
complaints against the same processing operation within 3 years may
be ordered by the director of the Michigan department of
agriculture to pay to the Michigan department of agriculture the
full costs of investigation of any fourth or subsequent unverified
nuisance complaint against the same processing operation. As used
in this subsection, "unverified nuisance complaint" means a
nuisance complaint in which the director of the department of
agriculture or his or her designee determines that the processing
operation is using generally accepted fruit, vegetable, dairy
product, and grain processing practices.