March 11, 2014, Introduced by Reps. Potvin, McBroom, Graves, Schmidt, Goike, LaFontaine, Clemente, Jacobsen, Bumstead, Kivela, Zorn, Rendon, Dianda, Foster, MacGregor, Glardon, Victory, Kesto, Haveman, Poleski, Forlini, Haugh, Lane, Brunner, Durhal, Santana and Crawford and referred to the Committee on Natural Resources.
A bill to amend 1955 PA 162, entitled
"An act to provide for the licensing and inspection of agricultural
liming material and to regulate the sale thereof; and to prescribe
penalties for the violations of the provisions of this act,"
by amending section 2 (MCL 290.532).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. (1) Before any liming material is sold or offered for
sale, the manufacturer, importer or party who causes it to be sold
or offered for sale within this state shall file with the director
of the department of agriculture and rural development a certified
copy of the analysis and certificate referred to in section 1. The
certified
copy of analysis shall be accompanied, when if the
director
of agriculture so requests, by a sealed package containing
not
less than 2 pounds of such the
liming material, with an
affidavit that it is a representative sample of the liming material
thus
to be sold or offered for sale.
(2) If the liming material is a beneficial use by-product
intended for beneficial use 3 as those terms are defined in section
11502 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.11502, the filing under subsection (1) shall
include all of the following:
(a) A form label invoice or form bill of lading that includes
all of the following:
(i) A blank designated for the name and address of the
purchaser.
(ii) A blank designated for the date of sale or transfer.
(iii) Directions for use to ensure that the liming material is
applied at an agronomic rate consistent with generally accepted
agricultural and management practices, based on the analysis under
subdivision (b)(ii).
(b) A laboratory analysis report that contains all of the
following, subject to subsection (3):
(i) Sampling test results that demonstrate that the level of
metals in the liming material does not pose a risk of harm to human
health or the environment. This requirement can be satisfied by
complying with the levels established pursuant to the association
of American plant food control officials' statement of uniform
interpretation and policy number 25.
(ii) Both of the following:
(A) The percentage of dry solids in the liming material.
(B) The levels of calcium, magnesium, sulfate, chromium,
copper, silver, and boron in the liming material.
(c) Subject to subsection (3), scientifically acceptable data
that give reasonable assurance that the liming material will
correct soil acidity.
(3) The same laboratory analysis report under subsection
(2)(b) and scientifically acceptable data under subsection (2)(c)
included with an application for 1 year may be included with an
application for a subsequent year unless the raw materials or
processes used to generate the specialty liming material have
changed in a way that can reasonably be expected to materially
affect the laboratory analysis report or scientifically acceptable
data.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 5400 (request no.
00948'13 **) of the 97th Legislature is enacted into law.