September 15, 2009, Introduced by Senators KUIPERS and McMANUS and referred to the Committee on Appropriations.
A bill to amend 1998 PA 381, entitled
"Michigan agricultural processing act,"
by amending sections 2 and 4 (MCL 289.822 and 289.824), section 2
as amended by 2005 PA 282 and section 4 as amended by 2005 PA 283.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Dairy product" means all of the following:
(i) Dairy product as that term is defined in section 12 of the
manufacturing milk law of 2001, 2001 PA 267, MCL 288.572.
(ii) Milk product as that term is defined in section 4 of the
grade A milk law of 2001, 2001 PA 266, MCL 288.474.
(b) "Fruit and vegetable product" means those plant items used
by human beings for human food consumption including, but not
limited to, field crops, root crops, berries, herbs, fruits,
vegetables, flowers, seeds, grasses, tree products, mushrooms, and
other similar products, or any other fruit and vegetable product
processed
for human consumption as determined by the Michigan
commission of agriculture.
(c) "Generally accepted fruit, vegetable, dairy product, meat,
and grain processing practices" means those practices as defined by
the
Michigan commission
of agriculture. The Michigan commission
of
agriculture
shall give due consideration to available Michigan
department of agriculture information and written recommendations
from
the Michigan state university college of agriculture and
natural
resources extension and the
agricultural experiment station
in cooperation with the United States department of agriculture,
the
United States food and drug administration, the Michigan
department
of environmental quality natural
resources, and other
professional and industry organizations.
(d) "Grain" means dry edible beans, soy beans, small grains,
cereal grains, corn, grass seeds, hay, and legume seeds in a raw or
natural state.
(e) "Person" means an individual, corporation, partnership,
association, limited liability company, or other legal entity.
(f) "Processing" means the commercial processing or handling
of fruit, vegetable, dairy, meat, and grain products for human food
consumption and animal feed including, but not limited to, the
following:
(i) The generation of noise, odors, waste water, dust, fumes,
and other associated conditions.
(ii) The operation of machinery and equipment necessary for a
processing operation including, but not limited to, irrigation and
drainage systems and pumps and the movement of vehicles, machinery,
equipment, and fruit and vegetable products, dairy products, meat,
and grain products and associated inputs necessary for fruit and
vegetable, dairy, and grain, food, meat, or feed processing
operations on the roadway as authorized by the Michigan vehicle
code, 1949 PA 300, MCL 257.1 to 257.923.
(iii) The management, storage, transport, utilization, and land
application of fruit, vegetable, dairy product, meat, and grain
processing by-products consistent with generally accepted
agricultural and management practices as established under the
Michigan right to farm act, 1981 PA 93, MCL 286.471 to 286.474.
(iv) The conversion from 1 processing operation activity to
another processing operation activity.
(v) The employment and use of labor engaged in a processing
operation.
(g) "Processing operation" means the operation and management
of a business engaged in processing.
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. If a person is granted a
determination by the director of the department of agriculture
under this act, the person is considered to have exhausted his or
her administrative remedies with regard to that matter. A court
shall not proceed with an action for nuisance brought against a
processing operation until it finds that the complainant exhausted
all administrative remedies.
(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
natural resources. The investigation and resolution of
nuisance complaints shall be conducted pursuant to the memorandum
of understanding. In the case where no generally accepted fruit,
vegetable, dairy product, meat, and grain processing practices have
been established, any nuisance complaint received by either the
department
of environmental quality natural
resources or the
department of agriculture shall be resolved under section 3 in the
following manner:
(a)
The department of environmental quality natural resources
shall assess compliance of an operation or practice with the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.101 to 324.90106, and shall conduct an inspection within 10
working days of receipt of the complaint.
(b) The department of agriculture shall assess the processing
operation or practice under federal good manufacturing practices as
adopted under the food law of 2000, 2000 PA 92, MCL 289.1101 to
289.8111, and shall conduct an inspection within 10 working days of
receipt of the complaint.
(3) Based upon the determinations made in subsection (2), the
department of agriculture shall make a finding as to whether a
processing operation is in compliance with this act.
(4)
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, meat, and grain
processing practices or otherwise in compliance with law as
described
in section 3(2), 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, meat, and grain processing practices or other than
compliance with law as described in section 3(2), 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, meat, and grain processing practices or with applicable
law
as described in section 3(2). 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.
(5) 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, meat, and grain processing practices.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 807
of the 95th Legislature is enacted into law.