Act No. 127

Public Acts of 2022

Approved by the Governor

June 29, 2022

Filed with the Secretary of State

June 29, 2022

EFFECTIVE DATE:  June 29, 2022

state of michigan

101st Legislature

Regular session of 2022

Introduced by Reps. Borton, Posthumus, Alexander, Hertel, Steenland, Cambensy, Liberati, Roth, Filler and Bezotte

ENROLLED HOUSE BILL No. 5745

AN ACT to amend 1975 PA 120, entitled “An act to license and regulate the manufacture and distribution of commercial feeds; to require fees; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending section 19 (MCL 287.539), as added by 2015 PA 83.

The People of the State of Michigan enact:

Sec. 19. (1) To facilitate continued access to markets for commercial feed and commercial feed ingredients, the department may do 1 or more of the following:

(a) At the request of a manufacturer or based upon records voluntarily supplied by a manufacturer, inspect, audit, or certify locations where commercial feed or commercial feed ingredients are manufactured in this state.

(b) Issue certificates of free sale under subsection (3).

(c) Promulgate rules to inspect, audit, or certify and issue certificates of free sale under this section.

(2) A manufacturer shall submit an application for a certificate of free sale on a form and in a manner prescribed by the department.

(3) The department shall grant or deny an application for a certificate of free sale within 10 business days after the department receives a completed application under subsection (2) and the application fee under subsection (4). If the department determines that the application meets the requirements of this act and the rules promulgated under this act, the department shall issue a certificate of free sale. If the department determines that the application does not meet the requirements of this act or the rules promulgated under this act, the department shall deny the application and send a written notice to the manufacturer stating the reasons for the denial.

(4) A manufacturer shall pay the department the following fees, as applicable:

(a) An application fee, $60.00.

(b) A duplicate copy of a certificate of free sale, $10.00.

(5) A fee collected under subsection (4) must be deposited in the feed control fund created in section 17.

(6) A certificate of free sale issued under this section is valid for 1 year.

(7) As used in this section, “certificate of free sale” means a document that is issued by the department that verifies that the commercial feed or commercial feed ingredient listed is manufactured in this state and is legally sold or distributed in this state and on the open market with the approval of the department.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved___________________________________________

____________________________________________________

Governor