Bill Text: MI SB0811 | 2009-2010 | 95th Legislature | Engrossed

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Bill Title: State agencies (existing); natural resources; powers and duties of the department of environmental quality under agricultural processing act; transfer to the department of natural resources. Amends secs. 2 & 4 of 1998 PA 381 (MCL 289.822 & 289.824). TIE BAR WITH: SB 0807'09

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2009-12-02 - Referred To Committee On Government Operations [SB0811 Detail]

Download: Michigan-2009-SB0811-Engrossed.html

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SB-0811, As Passed Senate, December 2, 2009

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 811

 

 

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.