Bill Text: MI HB5180 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Agriculture; other; feed law; provide general amendments. Amends secs. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 & 15 of 1975 PA 120 (MCL 287.521 et seq.) & adds secs. 16, 17, 18 & 19.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2014-11-13 - Referred To Second Reading [HB5180 Detail]
Download: Michigan-2013-HB5180-Introduced.html
HOUSE BILL No. 5180
December 5, 2013, Introduced by Reps. Johnson, Daley and Lauwers and referred to the Committee on Agriculture.
A bill to amend 1975 PA 120, entitled
"Michigan commercial feed law,"
by amending sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
and 15 (MCL 287.521, 287.522, 287.523, 287.524, 287.525, 287.526,
287.527, 287.528, 287.529, 287.530, 287.531, 287.532, 287.533,
287.534, and 287.535), sections 3 and 6 as amended by 1980 PA 338,
and by adding sections 16, 17, 18, and 19.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"Michigan
commercial "feed law".
Sec. 2. This act shall be administered by the director of the
department of agriculture and rural development.
Sec. 3. As used in this act:
(a) "AAFCO Official Publication" means the document entitled
"2014 Official Publication", as published by the association of
American feed control officials.
(b) "Animal" means any vertebrate animal, other than humans,
including mammals, birds, fish, reptiles, and amphibians, and any
domesticated insect.
(c) "Animal feed" means edible material that is consumed by an
animal and contributes energy, nutrients, or both, to the animal's
diet.
(d) (a)
"Brand" means a word,
name, symbol, or device, or a
combination
thereof which of any of
these that identifies the
commercial feed of a manufacturer or distributor and distinguishes
it
from that of others.other
manufacturers or distributors.
(b)
"Bulk feed" means a type of commercial feed in solid or
liquid
state in a nonpackaged form.
(e) "Bulk" or "in bulk" means feed that is not divided into
parts or packaged in separate units or any lot that is not in a
closed container at the time it passes to the possession of the
purchaser and includes that feed at any stage of distribution.
(f) "Cease order" means a cease order issued by the director
pursuant to section 15(1)(a).
(g) (c)
"Commercial feed" means all materials
or combination
of materials, including feed ingredients, that are distributed or
intended for distribution for use as animal feed or for mixing in
animal
feed. , for animals other
than humans except:Commercial
feed
does not include any of the following:
(i) Unmixed seed, whole or mechanically altered,
made directly
from
the entire seed, when whole
seeds or physically altered entire
unmixed seeds, as defined by United States grain standards, 7 USC
chapter 3, if both of the following conditions are met:
(A) The seeds are not chemically changed.
(B) The seeds are not adulterated within the meaning of
section 8.
(ii) Unground Commodities, including, but not limited to, hay,
straw,
stover, silage, cobs, and husks, and hulls when that have
undergone
normal harvesting practices, that are not
mixed
intermixed
with other materials or chemically changed, and when
that are not adulterated within the meaning of section 8.
(iii) Individual chemical compounds when that are not
mixed
intermixed
with other materials , and when are not adulterated
within the meaning of section 8.
(iv) Feeds distributed and used for any domesticated
animal
kept
as a pet which is normally confined to and maintained in a
cage
or tank, including but not limited to gerbils, hamsters,
canaries,
psittacine birds, mynahs, finches, tropical fish,
goldfish,
snakes, and turtles.
(iv) Feed provided to contract feeders that is manufactured by
integrated operators.
(v) Unmixed meat, poultry, fish, and other portions of animal
carcasses to be commercially sold in their raw or natural state
without further processing or packaging, except freezing or
denaturing, if both of the following conditions are met:
(A) The products are not adulterated within the meaning of
section 8.
(B) The products are not intended as commercial feed or for
use as a feed ingredient.
(vi) Feeder mice, other live feeder animals, and crickets.
(h) "Commission" means the commission of agriculture and rural
development.
(i) "Contract feeder" means a person that is an independent
contractor that feeds animals pursuant to a contract if the feed is
supplied, furnished, or otherwise provided to the person.
(j) (d)
"Customer-formula feed"
means commercial feed which
that consists of a mixture of commercial feeds or feed ingredients,
a
mixture of commercial feeds and other ingredients, or a mixture
of
other ingredients, each batch of
which is mixed manufactured
according to the specific instructions of the final purchaser or
purchaser's agent.
(k) (e)
"Department" means the
department of agriculture and
rural development.
(l) "Detroit consumer price index" means the most comprehensive
index of consumer prices available for the Detroit area from the
bureau of labor statistics of the United States department of
labor.
(m) (f)
"Director" means the
director of the department of
agriculture
or the director's authorized agent.representative.
(n) (g)
"Distribute" means to either of the following:
(i) To offer for sale, hold for sale, sell, exchange, or barter
,
or otherwise supply commercial feed. for
feeding purposes. A
"distributor"
is a person who distributes.
(ii) To supply, furnish, or otherwise provide commercial feed
to a contract feeder or integrated operator.
(o) "Distributor" means a person that distributes.
(p) (h)
"Drug" means either of the following:
(i) A substance Any article intended for use
in the diagnosis,
cure,
mitigation, treatment, or prevention of disease in man or
other
animals.
(ii) A substance Any article other than food
feed intended to
affect
the structure or a function of the animal
body. of man or
other
animals.
(q) "Embargo order" means an embargo order issued by the
director pursuant to section 15(1)(c).
(r) (i)
"Feed ingredient" means
each of the constituent
materials making up a commercial feed.
(s) "Food additive" means that term as it is defined in 21 USC
321(s).
(t) "Fund" means the feed control fund created in section 17.
(u) "Guarantor" means a person that agrees to be responsible
for labeling, information, guarantees, and claims.
(v) "Integrated operator" means a person located within this
state that manufactures animal feed for other integrated operators
if there is a minimum of 5% ownership by all persons involved in
each aspect of the operation that supply or share feed and
ingredients.
(w) (j)
"Label" means a display
of written, printed, or
graphic matter upon or affixed to the container in which a
commercial
feed is distributed , or on
the invoice or delivery slip
with which a commercial feed is distributed.
(x) (k)
"Labeling" means all labels
and other written,
printed,
or graphic matter upon presented
on any of the following:
(i) A commercial feed or any of its containers or wrappers or
matter
accompanying commercial feed at any
time. , and includes
advertising
(ii) Advertising or sales literature associated with commercial
feed.
(iii) The guarantor's website.
(y) "License" means a commercial feed license issued under
this act.
(z) "Licensee" means a person that has been issued a license.
(aa) "Local unit of government" means a county, township,
city, or village.
(bb)
(l) "Manufacture"
means to process, prepare,
grind, mix,
package,
repackage, or blend custom or relabel commercial
feed for
distribution.
A "manufacturer" is
(cc)
"Manufacturer" means a person
who that manufactures.
(dd) "Noncommercial feed" means all materials or combination
of materials, not distributed or intended for distribution, that
are for manufacturing and use as feed or for mixing in feed. A
person manufacturing noncommercial feed is not subject to licensing
or tonnage fees under this act.
(ee) "Official sample" means a sample of feed taken by the
director in accordance with section 7.
(ff) (m)
"Percent" or
"percentage" means the percentage by
weight.
(gg) (n)
"Person" means an
individual, partnership,
association,
firm, or corporation, association, governmental
entity, or other legal entity.
(hh) (o)
"Product name" means the
name of the commercial feed
which
that identifies it as to kind, class, or specific use and
distinguishes it from all other products bearing the same brand
name.
(p)
"Retail manufacturer" means a manufacturer selling
commercial
feed at retail only directly to the ultimate user and
not
for resale, at not more than 3 places in the state as
designated
on the license.
(q)
"Sample" means the sample of commercial feed taken by the
director.
(ii) "Quantity statement" means a writing containing the net
weight of a solid or net weight or net volume of a liquid.
(jj) "Rule" means a rule promulgated pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(kk) "Seizure order" means a seizure order issued by the
director pursuant to section 15(1)(b).
(ll) (r)
"Sell" or
"sale" means the exchange of ownership.
(mm) "Specialty pet" means any noncanine or nonfeline
domesticated animal kept as a pet and normally confined to and
maintained in a cage or tank within the owner's domicile,
including, but not limited to, gerbils, hamsters, canaries,
psittacine birds, mynahs, finches, tropical fish, goldfish, snakes,
and turtles.
(nn) (s)
"Ton" means a net weight
of 2,000 pounds avoirdupois.
(t)
"Wholesale manufacturer" means a manufacturer selling or
distributing
commercial feed at wholesale or otherwise through
distributors,
jobbers, dealers, or agents.
Sec.
4. (1) Beginning January 1, 1976, a person shall not
manufacture
or distribute in this state a commercial feed until a
license
is obtained by the manufacturer or distributor from the
department.
A license shall be issued by the director upon receipt
of
an application on forms provided by the director and upon
payment
of a $25.00 fee. Licenses expire on December 31 of each
year,
except a license issued before January 1, 1976, shall not
expire
until December 31, 1976.
(2)
A label for each brand or product, except for customer-
formula
feed, distributed in this state shall be submitted to the
director
for approval before distribution in this state.
(3)
A distributor shall not be required to obtain a license to
distribute
a brand or product if the manufacturer is already
licensed
under subsection (1).
(1) Except as provided in subsection (2), the following
persons shall obtain a license under this act:
(a) A manufacturer of commercial feed for each facility in
this state used to manufacture commercial feed.
(b) A person, other than a manufacturer, that distributes
commercial feed within this state or that serves as guarantor of
commercial feed distributed within this state.
(2) The following persons are not required to obtain a
license:
(a) A person that makes only retail sales of commercial feed
that contains labeling or another approved indication that the
commercial feed is from a licensed manufacturer, distributor, or
guarantor that has assumed full responsibility for the inspection
fee due under section 6.
(b) An on-farm mixer-feeder, if the person is not distributing
feed commercially.
(c) An integrated operator that does not distribute feed
commercially.
(3) A person that wishes to obtain a license shall submit an
application to the department on a form provided by or approved by
the director and accompanied by a license fee payable to this state
in the following amount:
(a) For a manufacturer, $100.00 for each manufacturing
facility, except that the fee for a manufacturer that manufactures
commercial feed in containers of 5 pounds or less is $25.00 for
each manufacturing facility.
(b) For a distributor or guarantor, $100.00, except that the
fee for a distributor or guarantor of commercial feed that is
distributed in containers of 5 pounds or less is $25.00.
(4) A new applicant that fails to obtain a license within 30
calendar days after notification of the requirement to obtain a
license, or any licensee that fails to comply with license renewal
requirements by June 30, shall pay a $50.00 late fee in addition to
the license fee.
(5) License fees and late fees collected under this section
shall be forwarded to the state treasurer for deposit into the
fund.
(6) The director shall issue an initial or renewal license not
later than 90 days after the applicant submits a complete
application accompanied by the appropriate license fee. If the
application is incomplete, the department shall notify the
applicant within 60 days after the department receives the
application.
(7) After approval by the director, a license shall be
furnished to the applicant. The license shall be displayed
prominently at each manufacturing facility used to manufacture
commercial feed and shall be available at the principal business
office or the registered office of each distributor or guarantor.
(8) A license expires on June 30. A license is not
transferable from 1 person to another, from 1 owner to another, or
from 1 location to another.
(9) To determine compliance with this act and rules
promulgated under this act, the director may require a current
licensee or an applicant for a new license to submit labels or
labeling being used or intended for use with a commercial feed.
(10) The director may do 1 or more of the following:
(a) Place conditions that limit the manufacture or
distribution of a particular commercial feed on the license of any
person found not in compliance with this act or the rules
promulgated under this act.
(b) Refuse to license an applicant, or revoke or suspend the
license of any person not in compliance with this act or the rules
promulgated under this act.
(11) A license shall not be refused, conditioned, revoked, or
suspended until the licensee or applicant for a license is given
the opportunity for a hearing pursuant to the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(12) After a hearing is conducted pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, under subsection (11), the department may revoke or refuse
to issue or renew a license if any of the following occurred within
the 3 years preceding the date of the license application:
(a) A previous license issued under this act to a person with
an ownership or management interest in the new operation was
revoked for a violation under section 8 or 9.
(b) The applicant, a manager employed by the applicant, or any
other individual with management responsibilities for the feed
manufacturing operation of the applicant was convicted of any
felony involving fraud, conversion, or embezzlement.
(c) The applicant's license under the federal food, drug, and
cosmetic act, registration under the bioterrorism act, 21 USC 350d,
or commercial feed license in another state was revoked or canceled
because of a violation of the respective act.
(13) Each distributor and guarantor holding a license that
operates from a business location outside this state shall
continuously maintain in this state both of the following:
(a) A registered office.
(b) A resident agent, which agent may be either an individual
resident in this state whose business office or residence is
identical with the registered office, a domestic corporation or
limited liability company, or a foreign corporation or limited
liability company authorized to transact business in this state and
having a business office identical with the registered office. The
person licensed under this section shall file with the department
the name, address, and telephone number of the resident agent.
(14) A license issued prior to the effective date of the
amendatory act that added this subsection remains in effect until
July 1, 2014, subject to revocation or suspension as otherwise
provided in this act. Beginning July 1, 2014, all persons required
to obtain a license under this section shall obtain a license as
provided in this section.
Sec.
5. (1) A person shall not distribute in this state a
Commercial feed shall be labeled as follows:
(a) Each container of commercial feed, except a customer-
formula
feed, in a bag or other container unless the bag or
container
has the following placed on or affixed to it shall be
accompanied by a label with the following information in legibly
written
or printed form:
(i) (a)
Net weight of the contents.The
quantity statement of
the contents.
(ii) (b)
The product name and brand name, if
any.
(c)
The name and address of the licensee.
(iii) (d)
The guaranteed analysis stated in
those terms as the
director by rule determines is required to advise the user of the
composition of the feed or to support claims made in the labeling.
The
substances or elements shall must
be determinable by laboratory
methods
such as the methods published by the American association
of
official analytical chemists.association
of analytical chemists
international.
(iv) (e)
The common or usual name of each
ingredient used in
the
manufacture of the commercial feed. The However, the director ,
by
rule, may permit may do
either or both of the following:
(A) By rule, permit the use of a collective term for a group
of
ingredients all of which that
perform a similar function. or
eliminate
the requirement for listing of feed ingredients when the
listing
no longer serves a useful purpose.
(B) Exempt commercial feeds, or any group of commercial feeds,
from the requirement of this subparagraph if the director finds
that the information required is not in the interest of purchasers.
(v) The name and principal mailing address of the manufacturer
or the person responsible for distributing the commercial feed.
(vi) (f)
Adequate directions Directions
for use for all
commercial feeds containing drugs and for other feeds the director
by rule requires as necessary for their safe and effective use.
(vii) (g)
Precautionary statements that the
director determines
by
rule determines are necessary for the safe and effective use of
the commercial feed.
(viii) If a drug product is used, both of the following:
(A) The purpose of the medication.
(B) The established name of each active drug ingredient and
the level of each drug used in the final mixture expressed in
accordance with rules prescribed as necessary by the director.
(ix) (h) The date of manufacture, processing, packing, or
repacking, or a code that permits the determination of the date or
enables
the segregation of specific feedlots lots of feed if the
director finds segregation is necessary for the enforcement of this
act. Tag perforations, notches, and other similar markings shall
not be recognized as suitable codes for the purpose of identifying
specific lots of feed unless they can be translated into an
alphanumeric code without the use of special tools.
(2)
A person shall not distribute a customer formula feed in
this
state unless the purchaser on delivery is supplied with a
document
which includes the following information:
(2) A commercial feed, except a customer-formula feed,
distributed in bulk, shall be accompanied by a label in accordance
with subsection (1), and the label shall be presented to the
purchaser or the purchaser's agent or affixed to the purchaser's
storage container at the time of delivery of the commercial feed.
(3) Bulk commercial feed held for further manufacturing or
distribution shall be labeled in such a manner that its identity
and traceability are maintained at all times.
(4) A customer-formula feed shall be accompanied by a label,
invoice, delivery slip, or other shipping document that contains
the following information:
(a)
The name and address of the mixer.manufacturer.
(b) The name and address of the purchaser.
(c) The date of delivery.
(d)
The product name. and brand name, if any, and number of
pounds
of each commercial feed used in the mixture and the name and
number
of pounds of the other ingredients added.
(e) A quantity statement of the lot or lots delivered.
(f) If a drug product is used, both of the following:
(i) The purpose of the medication.
(ii) The established name of each active ingredient and the
level of each drug used in the final mixture expressed in
accordance with rules prescribed as necessary by the director.
(5) The following information related to a customer-formula
feed shall be sent to the purchaser upon delivery, or within 1
business day, by electronic means, such as electronic mail or
facsimile:
(a) The quantity statement for each commercial feed and each
other ingredient used in the mixture.
(b) (e)
Adequate directions for use for all
commercial feeds
containing drugs and for other feeds that the director determines
by
rule requires as are necessary for their safe and effective use.
(c) (f)
Precautionary statements that the
director determines
by
rule determines are necessary for the safe and effective use of
the commercial feed.
(3)
A person shall not distribute a commercial feed in this
state
in bulk unless the purchaser on delivery is supplied with a
label
in compliance with subsection (l).
Sec.
6. (1) A licensee shall pay to the director a tonnage
inspection
fee. The tonnage inspection fee shall be levied by the
director
on each ton of commercial feed manufactured or distributed
in
this state. The inspection fee and tonnage shall be reported on
forms
furnished by the director. The statement of tonnage and fees
shall
be filed not more than 30 days after June 30 and not more
than
30 days after December 31, respectively. The amount of tonnage
inspection
fee shall be determined by the director after due notice
and
public hearing and published in rules of the department. The
inspection
fee shall not exceed the cost of enforcement of this
act.
A tonnage fee shall not be paid on customer-formula feed
except
on commercial feeds which are used as ingredients in
customer-formula
feed, or a commercial feed if payment was made by
a
previous distributor, or on commercial feeds which are used as
ingredients
for the further manufacture of commercial feeds on
which
a tonnage fee is to be paid. Payments due of less than $1.00
may
be waived and refunds of $5.00 or less will be made only upon
written
request.
(2)
The tonnage inspection fee determined in accordance with
subsection
(1) shall accompany each semiannual statement. A penalty
of
10% of the amount due, but not less than $10.00, shall be
assessed
against a licensee who fails to file a report or pay the
inspection
fee within 15 days after the due date.
(3)
The director may verify the accuracy of a volume sales
tonnage
statement required by subsection (1). Information furnished
under
this section shall not be disclosed by an employee of the
department
in a manner which divulges the business operations of a
licensee
required by this section to make a report.
(1) An inspection fee of $0.30 per ton shall be paid on
commercial feed distributed in this state by the person whose name
appears on the label as the manufacturer, guarantor, or
distributor, except that a person other than the manufacturer,
guarantor, or distributor may assume responsibility for the
inspection fee, subject to the following:
(a) A fee shall not be paid on a commercial feed if the
payment has been made by a previous distributor.
(b) A fee shall not be paid on customer-formula feed if the
inspection fee is paid on the commercial feeds that are used as
ingredients within the customer-formula feed.
(c) The minimum inspection fee shall be $50.00 per July 1 to
June 30 annual period.
(d) An inspection fee of $0.15 per ton shall be paid on feed
ingredients that are by-products of manufacturing processes and
that have a moisture content equal to or greater than 60%.
(2) Each person that is liable for the payment of the
inspection fee under subsection (1) shall do both of the following:
(a) File annually, by the last day of July, a statement,
stating the number of tons of commercial feed distributed in this
state during the preceding July 1 to June 30 period. The inspection
fee and tonnage shall be reported on forms furnished or approved by
the director. The amount of the tonnage inspection fee shall be
determined by the director by rule. Payments due of less than $5.00
are waived, and refunds of less than $5.00 will not be processed
unless requested in writing. For any report not filed with the
department by the due date, a penalty of $50.00 or 10% of the
amount due, whichever is greater, shall be assessed. The assessment
of this penalty fee does not prevent the department from taking
other actions as provided in this act.
(b) Maintain records for 3 years to accurately indicate the
commercial feed tonnage distributed in this state. The director may
examine the records to verify statements of tonnage.
(3) Failure to make an accurate statement of tonnage, pay the
inspection fee, or comply with this section constitutes sufficient
cause for the suspension of a license for the distributor.
(4) Unless disclosure is required for the enforcement of this
act, the information furnished under this section is private or
nonpublic, is exempt from disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not
be disclosed by an employee of the department in any manner that
divulges the business operations of a licensee required by this
section to make a report.
Sec.
7. (1) The director shall inspect, sample, and analyze
commercial
feed within this state to the extent necessary to
determine
whether that commercial feed is in compliance with this
act
and the rules promulgated under this act. The director may
enter,
during normal business hours, a factory, warehouse,
conveyance,
or establishment within this state in which commercial
feeds
are manufactured, processed, bagged, or held for
distribution,
and inspect at reasonable times and within reasonable
limits
and in a reasonable manner, all pertinent equipment,
finished
and unfinished materials, containers, and labeling
therein.
The inspection may include the verification of only such
records
and production procedures as may be necessary to determine
compliance
with the good manufacturing practices regulations
established
under section 8(1)(f).
(1) For the purpose of enforcement of this act, and to
determine whether its provisions have been complied with, including
whether or not any operations may be subject to these provisions,
the director may do 1 or more of the following:
(a) Enter, during normal business hours, any factory,
warehouse, or any other establishment within this state in which
commercial feeds or noncommercial feeds are stored, manufactured,
or held for distribution or enter any vehicle being used to
transport or hold such commercial or noncommercial feeds.
(b) Inspect at reasonable times and within reasonable limits
and in a reasonable manner any factory, warehouse, or any other
establishment or vehicle and all pertinent equipment, finished and
unfinished commercial or noncommercial feeds or feed ingredients,
containers, and labeling therein. A noncommercial feed inspection
shall be with permission and based on cause. The inspection may
include sampling of feed and feed ingredients and the verification
of only such records and production and control procedures as may
be necessary to determine compliance with this act.
(c) Enter any vehicle of transport during regular business
hours to have access to, and obtain samples, and examine records
relating to distribution of feed for the enforcement of this act.
Entry upon farm premises shall be with permission and based on
cause.
(2) If the owner of any factory, warehouse, or establishment
described in subsection (1), or the owner's agent, refuses to admit
the director to enter or inspect in accordance with subsection (1),
the director may obtain from any state court a warrant directing
the owner or owner's agent to submit the premises described in the
warrant to inspection.
(3) (2)
The director shall may maintain
a laboratory with
equipment and personnel necessary to effectively analyze, test, and
examine commercial feeds subject to this act and the rules
promulgated
under this act. The methods of sampling and analysis
shall
be those prescribed by the director by rule.
(3)
The results of official analysis of a sample of commercial
feed
found to be in violation of this act or the rules promulgated
under
this act shall be forwarded to the licensee. A licensee may
request
a portion of a sample if the request is made not more than
30
days after the date of receipt of the analysis report.Sampling
and analysis shall be conducted in accordance with methods
published by the association of analytical chemists international
or in accordance with other generally recognized methods.
(4) The results of official analyses of all samples of animal
feed found to be in violation of this act or the rules promulgated
under this act shall be forwarded to the licensee. The owner or
agent from the place of sampling may request a copy of the official
results. The licensee may request a portion of a sample if the
request is made not more than 60 days after the date of receipt of
the analysis report.
(5) The director, in determining for administrative purposes
whether an animal feed is deficient in any component, shall be
guided by the official sample.
Sec.
8. (1) A commercial feed which is, bears, or contains any
of
the following is deemed to be adulterated and in violation of
this
act:
(a)
A poisonous or deleterious substance which may render the
feed
injurious to health, except if the substance is not an added
substance
in which case the commercial feed shall not be considered
adulterated
under this section if the quantity of the substance
does
not ordinarily render the commercial feed injurious to health.
(b)
An added poisonous, added deleterious, or added
nonnutritive
substance which is unsafe within the meaning of
section
406 of the federal food, drug, and cosmetic act, being 21
U.S.C.
section 346 (1970), other than one which is a pesticide
chemical
in or on a raw agricultural commodity or a food additive.
(c)
A food additive which is unsafe within the meaning of
section
409 of the federal food, drug, and cosmetic act, being 21
U.S.C.
section 348 (Supp. 1973).
(d)
A raw agricultural commodity and bears or contains a
pesticide
chemical which is unsafe within the meaning of section
408(a)
of the federal food, drug, and cosmetic act, being 21 U.S.C.
section
346a(a) (Supp. 1973). If a pesticide chemical is used in or
on
a raw agricultural commodity in conformity with an exemption
granted
or a tolerance prescribed under 21 U.S.C. section 346a(a)
(Supp.
1973) and the raw agricultural commodity is subjected to
processing
such as packaging, canning, cooking, freezing,
dehydrating,
or milling, the residue of the pesticide chemical
remaining
in or on the processed feed shall not be deemed unsafe if
the
residue in or on the raw agricultural commodity is removed to
the
extent possible in good manufacturing practice and the
concentration
of the residue in the processed feed is not greater
than
the tolerance prescribed, or guideline established by rule of
the
director, for the raw agricultural commodity unless the feeding
of
the processed feed will result or is likely to result in a
pesticide
residue in the edible product of the animal, which is
unsafe
within the meaning of 21 U.S.C. section 346a(a) (Supp.
1973).
(e)
A color additive which is unsafe within the meaning of
section
706 of the federal food, drug, and cosmetic act, being 21
U.S.C.
section 376 (1970).
(f)
A drug and the methods used in or the facilities or
controls
used for its manufacture, processing, or packaging do not
conform
to current good manufacturing practice rules promulgated by
the
director to assure that the drug meets the requirement of this
act
as to safety and has the identity and strength and meets the
quality
and purity characteristics which it purports or is
represented
to possess. In promulgating rules, the director shall
adopt
the current good manufacturing practice regulations for
medicated
feed premixes and for medicated feeds established under
authority
of the federal food, drug, and cosmetic act, being 21
U.S.C.
sections 301 to 392 (Supp. 1973) unless he determines that
they
are not appropriate to the conditions which exist in this
state.
(g)
Viable weed seeds in amounts exceeding the limits which
the
director establishes by rule.
(h)
Polybrominated biphenyl in excess of .01 parts per
million.
(2)
A commercial feed is deemed to be adulterated if a
valuable
constituent is in whole or in part omitted or abstracted
from
the commercial feed or a less valuable substance is
substituted
therefor.
(3)
A commercial feed is deemed to be adulterated if its
composition
or quality falls below or differs from that which it is
purported
or is represented to possess by its label.A commercial
feed or material described in section 3(g)(i) to (vi) shall be
considered to be adulterated if any of the following conditions
exist:
(a) It bears or contains any poisonous or deleterious
substance that may render the feed injurious to health. However, if
the substance is not an added substance, the commercial feed is not
considered adulterated under this section if the quantity of the
substance does not ordinarily render the commercial feed injurious
to health.
(b) It bears or contains any added poisonous, added
deleterious, or added nonnutritive substance that is unsafe under
21 USC 346a, except for the following:
(i) A pesticide chemical in or on a raw agricultural commodity.
(ii) A food additive.
(c) It bears or contains a pesticide chemical residue that is
unsafe under 21 USC 346a(a).
(d) It is, or it bears or contains, any food additive which is
unsafe under 21 USC 348.
(e) It is, or it bears or contains, a new animal drug, or
conversion product thereof, that is unsafe under 21 USC 360b.
(f) It is, or it bears or contains, any color additive that is
unsafe under 21 USC 379e.
(g) It consists in whole or in part of any filthy, putrid, or
decomposed substance or it is otherwise unfit for feed.
(h) It has been prepared, packed, held, or transported under
unsanitary conditions whereby it may have become contaminated with
filth or whereby it may have been rendered injurious to health.
(i) It is, in whole or in part, the product of a diseased
animal or of an animal that has died other than by slaughter which
is unsafe under 21 USC 342(a)(1) or (2).
(j) Its container is composed, in whole or in part, of any
poisonous or deleterious substance that may render the contents
injurious to health.
(k) It has been intentionally subjected to radiation, unless
the use of the radiation was in conformity with the regulation or
exemption in effect pursuant to 21 USC 348.
(l) It is, or it bears or contains, any substance prohibited
from use in animal food or feed as provided in 21 CFR 589.
(m) It contains viable prohibited or restricted noxious weed
seeds in amounts exceeding the limits which the director shall
establish by rule.
(n) It is inferior or is damaged, and the inferiority or
damage has been concealed.
(o) Any substance has been added or a substance has been mixed
or packed with it so as to deceptively increase its bulk or weight,
reduce its quality or strength, or make it appear better or of
greater value than it is.
(p) Any valuable constituent has been in whole or in part
omitted or abstracted from the feed or any less valuable substance
is substituted within the feed.
(q) Its composition or quality falls below or differs from
that which it is purported or is represented to possess by its
labeling.
(r) It contains a drug defined as a veterinary feed directive
in 21 CFR 558.3 and does not conform to the requirements of 21 CFR
558.6.
(s) It contains a drug and the methods used in or the
facilities or controls used for its manufacture, processing,
packing, or holding do not conform to rules promulgated by the
director to assure that the drug meets the requirement of this act
as to safety and has the identity and strength and meets the
quality and purity characteristics which it purports or is
represented to possess.
(t) It violates current good manufacturing practice
regulations under 21 CFR 225.1 to 225.202 for medicated feeds and
for medicated premixes, regulations under 21 CFR 226.1 to 226.115.
Sec.
9. A commercial feed is deemed considered
to be
misbranded and in violation of this act if any of the following
occur:
(a) Its labeling is false or misleading in any particular.
(b) It is distributed under the name of another commercial
feed.
(c) It is not labeled as required under section 5.
(d) It purports to be or is represented as a commercial feed,
or it purports to contain or is represented as containing a
commercial feed ingredient, unless the commercial feed or feed
ingredient conforms to the definition prescribed by rule by the
director.
(e) A word, statement, or other information required by or
under authority of this act to appear on the label or labeling is
not
prominently placed thereon on
the commercial feed with the
conspicuousness as compared with other words, statements, designs,
or devices in the labeling and in such terms as to render it likely
to be read and understood by the ordinary individual under
customary conditions of purchase and use.
Sec.
10. A feed manufacturer who that voluntarily recalls a
commercial
feed which that has been introduced into channels of
trade
beyond his its control, and which that supports
the
conclusion
that the feed processed by him the
manufacturer is
adulterated
or misbranded in a manner which that
would create an
unreasonable risk to animals or to the public health, shall
immediately notify the director of the recall and the reasons
therefor.
for the recall. The
notification may be oral if it is
followed by a written notice to the director. Information or a
statement exclusively derived from notification required under this
section, except for information contained in records required to be
maintained under this act, shall not be used as evidence in a
proceeding brought against the person pursuant to this act with
respect to a violation of law occurring prior to or concurrently
with the notification. The notification required by this section
shall contain a clear description of the adulterated or misbranded
feed,
an evaluation of the risk related thereto, to the feed, and a
statement of the measures to be taken to protect animals or the
public from the risk.
Sec.
11. The director may promulgate rules pursuant to Act No.
306
of the Public Acts of 1969, as amended, being sections 24.201
to
24.315 of the Michigan Compiled Laws, as are necessary to
implement this act.
Sec.
12. (1) The director may revoke or suspend the license
of,
or refuse to license an applicant, upon a finding supported by
evidence
that the licensee or applicant violated this act or a rule
promulgated
under this act. A license shall not be refused,
suspended,
or revoked until the licensee or applicant is given an
opportunity
to appear for a hearing.The
director may cooperate with
and enter into agreements with governmental agencies of this state,
other states, agencies of the federal government, and private
associations to implement this act.
(2) The director may publish a report of gross tonnage of feed
sold or distributed in this state annually or more often as may be
desirable.
(3) The director may annually publish a report of official
sample analyses results of commercial feed sold within this state
as compared with the analyses guaranteed on each respective product
label.
Sec.
13. (1) The director may select from a package of
commercial
feed exposed for sale in this state a sample to be used
for
the purposes of an official analysis and for comparison with
the
label affixed to the package. The director may seize or stop
the
sale of a commercial feed that is unlicensed, adulterated,
misbranded,
fails to meet guarantees, or otherwise fails to comply
with
this act.
(2)
The director may cooperate with and enter into agreements
with
governmental agencies of this state, other states, agencies of
the
federal government, and private associations to carry out the
purposes
of this act.
(3)
The director may publish a report of gross tonnage of feed
sold
or distributed in this state annually or more often as may be
desirable.A person manufacturing or distributing
commercial feed
shall comply with all of the following:
(a) The "AAFCO Model Good Manufacturing Practice Regulations
for Feed and Feed Ingredients" as published within the AAFCO
official publication, which is hereby incorporated by reference.
These regulations apply in determining whether a commercial feed
meets either of the following:
(i) Is adulterated within the meaning of section 8.
(ii) Has been produced, prepared, packed, or held under
unsanitary conditions through which it may have become contaminated
with filth or rendered unwholesome or unsafe to animal or public
health.
(b) The requirements in 21 CFR 558.6 for a veterinary feed
directive drug as defined in 21 CFR 558.3.
(c) The following requirements of manufacturing or
distributing commercial feeds containing drugs:
(i) The regulation prescribing good manufacturing practices for
type B and type C medicated feeds in 21 CFR 225.1 to 225.202.
(ii) The regulations prescribing good manufacturing practices
for type A medicated articles in 21 CFR 226.1 to 226.115.
Sec.
14. A person who violates this act or a rule promulgated
under
this act is guilty of a misdemeanor. This act shall not
require
the director to revoke or suspend a license, report for
prosecution,
institute seizure proceedings, or issue an order for
withdrawal
from distribution as a result of a minor violation of
this
act, if he believes the public interest will best be served by
suitable
notice of warning in writing. A person shall not do or
shall not cause any of the following:
(a) Manufacture or distribute any commercial feed that is
adulterated or misbranded.
(b) Adulterate or misbrand any commercial feed.
(c) Distribute, unless authorized by the director,
agricultural commodities such as whole grain, whole seed, hay,
straw, stover, silage, cobs, and husks, which are adulterated
within the meaning of section 8.
(d) Remove or dispose of, without authorization from the
director, commercial feed subject to a seizure order issued under
section 15.
(e) Fail or refuse to obtain a license required under section
4.
(f) Fail to make records available, furnish reports, permit
the examination of records, or pay an inspection fee as required
under section 6.
(g) Refuse, or cause another person to refuse, to permit
entry, inspection, sampling, or examination and copying of
production and distribution records and production and control
procedures authorized under section 7.
(h) Provide false information in a matter pertaining to this
act or resist, impede, or hinder the director or authorized
representatives in the discharge of their duties.
(i) Violate section 16(8).
(j) Violate a rule promulgated under section 11.
(k) Reuse bags, totes, or other containers for commercial
feeds, including customer-formula feeds, unless the container is
in, on, or upon a portable device and can be filled without
entering the manufacturing facility. Containers that have been used
to directly feed livestock, such as tubs, troughs, licks, or other
containers, shall not be refilled with feed.
Sec.
15. (1) Act No. 242 of the Public Acts of 1959, being
sections
287.501 to 287.519 of the Compiled Laws of 1970, and
section
18 of Act No. 211 of the Public Acts of 1893, being section
289.48
of the Compiled Laws of 1970, are repealed.The following
administrative orders may be issued by the director to enforce this
act:
(a) A cease order in compliance with this subdivision. When
the director has probable cause to believe that a commercial feed
operation is manufacturing or distributing adulterated or
misbranded feed or fails to comply with this act or any of the
rules promulgated under this act, the director may at any time
order the responsible party to cease manufacturing or distributing
commercial feed entirely or with limitations. The cease order may
be either oral or written and shall inform the manufacturer,
distributor, or other seller of the reason for the order. An oral
rescinding order shall be followed by a written rescinding order as
follows:
(i) Upon receipt of the order, the responsible party shall
immediately comply with the order. Failure to comply shall subject
the responsible party to the penalties imposed under section 16.
(ii) The director shall rescind the order immediately upon
being satisfied by inspection that the order has been complied
with. The inspection shall be conducted as soon as possible at the
oral or written request of the responsible party. The rescinding
order of the director may be oral, and the responsible party may
rely on the oral rescinding order. However, an oral rescinding
order shall be followed by a written rescinding order.
(b) A seizure order in compliance with this subdivision. When
necessary for the enforcement of this act, the director may seize
without formal warrant any commercial feed being distributed in
violation of this act or rules promulgated under this act as
follows:
(i) The director may issue and enforce a written seizure order
when the director finds or has probable cause to believe that
commercial feed is unlicensed, adulterated, or misbranded, fails to
meet guarantees, or is being distributed in violation of this act
or rules promulgated under this act. When the director issues a
seizure order, the distributor must hold the lot of commercial feed
at the location where the seizure order was issued and not dispose
of the lot of commercial feed in any manner until permission is
given by the director.
(ii) The director shall release the lot of seized commercial
feed when this act and the rules promulgated under this act have
been complied with. If compliance is not obtained within 30 days,
the director may, or, upon request of the licensee, shall, begin
administrative proceedings for disposal or other use of the
commercial feed.
(c) An embargo order in compliance with this subdivision. If
the director finds or has probable cause to believe that any
commercial feed is adulterated or misbranded or poses a threat to
animal or human health, the director may issue an embargo order on
the commercial feed product. A person shall not remove or dispose
of the commercial feed that is subject to an embargo order until
permission for removal or disposal is given by the director or a
court of competent jurisdiction.
(2) If proper processing or relabeling will correct a
violation of this act, the commercial feed may be delivered to the
licensee for processing or relabeling under the supervision of the
director.
(3) A licensee that is not in compliance with this act is
responsible for all costs incurred in reprocessing or relabeling
the commercial feed intended to correct the violation and is
responsible for all costs involved in the transportation and
disposal of any commercial feed not in compliance with this act.
Disposal shall be in a manner consistent with the quality of the
commercial feed and the laws of this state.
(4) A court shall not allow the recovery of damages by a
person against whom an administrative action was brought resulting
in an order requiring seizure or embargo of commercial feed if the
court finds that there was probable cause for the action or order.
(5) If the director finds any adulterated feed that the
director declares to be a nuisance, the director shall immediately
condemn, destroy, or in any other manner render the feed unsaleable
as commercial feed. If adulterated or misbranded feed is a
nuisance, is dangerous to animal or human health, or is fraudulent
and requires the director's supervision, or if the feed
establishment requests the supervision of the director for sorting,
destruction, reconditioning, or other disposition, the feed
establishment that is in possession of the feed at the time of the
seizure or embargo is liable for the costs of such supervision.
(6) If storage of seized commercial feed is not possible
without risk to animal or human health, the director shall order
immediate destruction of the feed to be accomplished without delay
by the owner, operator, or person in charge of the feed
establishment. The feed shall be destroyed as specified in the
order for destruction.
Sec. 16. (1) A person that violates this act or rules
promulgated under this act is subject to the penalties and remedies
provided in this act regardless of whether the person acted alone
or through an employee or agent.
(2) Upon a finding by the director, after notice and an
opportunity for an administrative hearing, that a person has
violated or attempted to violate this act or a rule promulgated
under this act, the director may impose an administrative fine of
not more than $1,000.00 for each violation or attempted violation.
(3) If the director finds that a violation or attempted
violation has occurred despite the exercise of due care or did not
result in significant harm to human or animal health or the
environment, or if the director believes the public interest will
best be served, the director may issue a warning instead of
imposing an administrative fine.
(4) The director shall advise the attorney general of the
failure of a person to pay an administrative fine imposed under
this section. The attorney general shall bring an action in a court
of competent jurisdiction to recover the administrative fine.
(5) A person that violates or attempts to violate this act or
a rule promulgated under this act is guilty of a misdemeanor
punishable by imprisonment for not more than 90 days or a fine of
not more than $5,000.00, or both, for each violation or attempted
violation, in addition to any administrative fines imposed.
(6) A person that knowingly and with malicious intent violates
or attempts to violate this act or a rule promulgated under this
act is guilty of a misdemeanor punishable by imprisonment for not
more than 90 days or a fine of not more than $25,000.00, or both,
for each offense.
(7) The director may bring an action to enjoin a violation or
threatened violation of this act or a rule promulgated under this
act in a court of competent jurisdiction in the county in which the
violation occurs or is about to occur.
(8) A person that uses to his or her own advantage or reveals
to a person, other than the director, officers of the department,
the attorney general, or the department of treasury, or the courts
when relevant in any judicial proceeding, any information acquired
under this act concerning any method, record, formulation, or
process that as a trade secret is entitled to protection, is guilty
of a misdemeanor punishable by imprisonment for not more than 90
days and shall be fined not less than $500.00. This prohibition
shall not be considered as prohibiting the director from exchanging
information of a regulatory nature with appointed officials of the
United States government, or of other states, who are similarly
prohibited by law from revealing this information.
(9) The attorney general may file a civil action for a
violation of this act. A person that violates this act or a rule
promulgated under this act may be ordered to pay a civil fine of
not more than $5,000.00 for each violation or attempted violation.
In addition, the attorney general may bring an action in circuit
court to recover the reasonable costs of the investigation from any
person that violated this part or attempted to violate this part.
Money recovered under this subsection shall be forwarded to the
state treasurer for deposit into the fund.
(10) As an affirmative defense of an action filed under this
section, in addition to any other lawful defense, a person may
present evidence that, at the time of the alleged violation or
attempted violation, the person was in compliance with this act and
the rules promulgated under this act.
(11) A person that violates this act is liable for all damages
sustained by a purchaser of a product sold in violation of this
act. In an enforcement action, a court, in addition to other
remedies or penalties provided by law, may order restitution to a
person injured by the purchase of a product sold in violation of
this act.
Sec. 17. (1) The feed control fund is created within the state
treasury.
(2) The state treasurer shall receive for deposit in the fund
all fees, administrative or civil fines, and payments for the costs
of investigations incurred by the director collected under this
act. In addition, the state treasurer may receive money or other
assets from any source for deposit into the fund. The state
treasurer shall direct the investment of the fund. The state
treasurer shall credit to the fund interest and earnings from fund
investments.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) The department shall be the administrator of the fund for
auditing purposes.
(5) The director shall expend money from the fund, upon
appropriation, only for 1 or more of the following purposes:
(a) The administration and enforcement of this act.
(b) Training programs and outreach and educational materials
to ensure the proper use and handling of animal feed.
Sec. 18. (1) Except as otherwise provided in this section,
this act preempts any local ordinance, regulation, or resolution
that would in any manner duplicate, extend, revise, contradict, or
conflict with the provisions of this act. Except as otherwise
provided in this section, a local unit of government shall not
adopt, maintain, or enforce an ordinance, regulation, or resolution
that in any manner duplicates, extends, revises, contradicts, or
conflicts with this act.
(2) If a local unit of government is under contract with the
department to act as its agent or the local unit of government has
received prior written authorization from the department, that
local unit of government may adopt an ordinance that is identical
to this act and rules promulgated under this act, except as
prohibited in subsection (6). The local unit of government's
enforcement response for a violation of the ordinance that involves
the manufacturing, storage, distribution, sale, or agricultural use
of products regulated by this act is limited to issuing a cease
order in the manner prescribed in section 15.
(3) A local unit of government may adopt an ordinance
prescribing standards different from those contained in this act
and rules promulgated under this act and that regulates the
manufacturing, storage, distribution, sale, or agricultural use of
a product regulated by this act only under either or both of the
following circumstances:
(a) The local unit of government has determined that
unreasonable adverse effects on the environment or public health
will otherwise exist within the local unit of government, taking
into consideration specific populations within that local unit of
government whose health may be adversely affected.
(b) The local unit of government has determined that the
manufacturing, storage, distribution, sale, or agricultural use of
a product regulated by this act within that unit of government has
resulted or will result in the violation of other existing state or
federal laws.
(4) An ordinance adopted under subsection (2) or (3) shall not
conflict with existing state laws or federal laws. An ordinance
adopted under subsection (3) shall not be enforced by a local unit
of government until approved by the commission. The commission
shall provide a detailed explanation of the basis of a denial
within 60 days.
(5) Within 60 days after the legislative body of a local unit
of government submits to the department a resolution identifying
unreasonable adverse effects on the environment or public health as
provided for in subsection (3)(a), the director shall hold a local
public meeting to determine the nature and extent of unreasonable
adverse effects on the environment or public health due to the
manufacturing, storage, distribution, sale, or agricultural use of
a product regulated by this act. Within 30 days after the local
public meeting, the director shall issue a detailed opinion
regarding the existence of unreasonable adverse effects on the
environment or public health as identified by the resolution of the
local unit of government.
(6) The director may contract with a local unit of government
to act as its agent for the purpose of enforcing this act and the
rules promulgated under this section. The director has sole
authority to assess fees and license feed manufacturers and
distributors.
(7) A local unit of government that adopts an ordinance under
subsection (2) or (3) shall require persons enforcing the ordinance
to comply with training and enforcement requirements determined
appropriate by the director.
Sec. 19. To facilitate continued access to markets for feed
and feed ingredients, the director may do 1 or more of the
following:
(a) At the request of a licensee or based upon records
voluntarily supplied by a licensee, inspect, audit, or certify
locations where feed regulated under this act is stored or business
records are kept.
(b) Issue certificates pursuant to subdivision (a), including,
but not limited to, certificates of export from this state.
(c) Promulgate rules to inspect, audit, or certify and issue
certificates pursuant to this section.
(d) Include a schedule of fees that addresses all activities
required under this section. The schedule of fees shall not
duplicate those provided in other sections of this act.
Enacting section 1. R 285.635.15, R 285.635.16, and R
285.635.17 of the Michigan administrative code are rescinded.
Enacting section 2. This amendatory act takes effect upon the
expiration of 90 days after the date it is enacted into law.
