Bill Text: MI SB0946 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Agriculture; diseases and pests; nursery stock; require certain inspections. Amends secs. 2, 4, 6, 9, 17 & 22 of 1931 PA 189 (MCL 286.202 et seq.).
Spectrum: Partisan Bill (Republican 11-0)
Status: (Passed) 2012-04-25 - Assigned Pa 0106'12 With Immediate Effect [SB0946 Detail]
Download: Michigan-2011-SB0946-Engrossed.html
SB-0946, As Passed House, March 22, 2012
SUBSTITUTE FOR
SENATE BILL NO. 946
A bill to amend 1931 PA 189, entitled
"The insect pest and plant disease act,"
by amending sections 2, 4, 6, 9, 17, and 22 (MCL 286.202, 286.204,
286.206, 286.209, 286.217, and 286.222), sections 6 and 9 as
amended by 2007 PA 84.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a)
"Insect pests" means insects or other invertebrates
injurious
to plants and plant products.
(b)
"Plant diseases" means fungi, bacteria, nematodes, and
viruses,
injurious to plants and plant products, and the
pathological
condition in plants and plant products caused by
fungi,
bacteria, nematodes, and viruses.
(c)
"Plants" and "plant products" means trees, shrubs, vines,
fruit,
forage and cereal plants and all other plants, cuttings,
grafts,
scions, buds and all other parts of plants; and fruit,
vegetables,
roots, bulbs, seeds, wood, lumber and all other plant
products.
(d)
"Nursery stock" means all botanically classified hardy
perennial
or biennial trees, shrubs, vines, and plants, either
domesticated
or wild, cuttings, grafts, scions, buds, bulbs,
rhizomes,
or roots thereof, fruit pits; also other such plants and
plant
parts for, or capable of, propagation, excepting field,
vegetable
and flower seeds, corms and tubers.
(e)
"Nursery" means any grounds or premises on or in which
nursery
stock is propagated, grown or cultivated for the purpose of
distributing
or selling same as a business.
(f)
"Nurseryman" means any person, firm, partnership,
association,
or corporation owning, leasing, managing, or in charge
of
a nursery.
(g)
"Plant grower" or "plant dealer" means any person, firm,
partnership,
association, or corporation growing or offering for
sale
herbaceous perennials, or biennial nursery stock, small fruit
plants,
or asparagus or rhubarb roots.
(h)
"Nursery dealer" means any person, firm, partnership,
association,
or corporation not a grower or an original producer of
nursery
stock in this state, who buys nursery stock for the purpose
of
reselling or reshipping independently of the control of any
nurseryman,
nursery dealer or who is engaged with a nurseryman or
dealer
in handling nursery stock on a consignment basis.
(i)
"Agent" means any person who solicits, takes orders, or
sells
nursery stock in this state for a nurseryman, dealer, or
grower
of nursery stock, but not on the premises or place of
business.
(j)
"Places" means vessels, cars and other vehicles,
buildings,
docks, nurseries, orchards and other premises where
plants
and plant products are grown, kept, or handled.
(k)
"Property" means real estate, personal property, and any
thing
or substance connected therewith, with or without value.
(l) "Commissioner of agriculture" or
"director" means the
director
of the department of agriculture.
(a) "Agent" means a person that solicits, takes orders, or
sells nursery stock in this state for a grower or dealer of nursery
stock, but not on the premises or place of business of the grower
or dealer of nursery stock.
(b) "Department" means the department of agriculture and rural
development.
(c) "Director" means the director of the department or an
employee of the department authorized by the director.
(d) "Insect pests" means insects or other invertebrates
injurious to plants or plant products.
(e) "Nursery" means any grounds or premises on or in which
nursery stock is propagated, grown, or cultivated for the purpose
of distributing or selling nursery stock as a business.
(f) "Nursery dealer" means a person that is not a grower or an
original producer of nursery stock in this state, that buys nursery
stock for the purpose of reselling or reshipping independently of
the control of any nursery grower or nursery dealer, or that is
engaged with a nursery grower or nursery dealer in handling nursery
stock on a consignment basis.
(g) "Nursery grower" or "nurseryman" means a person owning,
leasing, managing, or in charge of a nursery.
(h) "Nursery stock" means all domesticated or wild botanically
classified hardy perennial or biennial trees, shrubs, vines, and
other plants; cuttings, grafts, scions, buds, bulbs, rhizomes, or
roots of any of these; and fruit pits. Nursery stock includes
plants and plant parts for, or capable of, propagation, excepting
field, vegetable, and flower seeds, corms, and tubers.
(i) "Person" means an individual, partnership, corporation,
association, governmental entity, or other legal entity.
(j) "Places" means vessels, cars and other vehicles,
buildings, docks, nurseries, orchards, and other premises where
plants or plant products are grown, kept, or handled.
(k) "Plant diseases" means fungi, bacteria, nematodes, and
viruses, injurious to plants or plant products, and the
pathological condition in plants or plant products caused by fungi,
bacteria, nematodes, and viruses.
(l) "Plant grower" or "plant dealer" means a person growing or
offering for sale herbaceous perennials, or biennial nursery stock,
small-fruited plants, or asparagus or rhubarb roots.
(m) "Plants or plant products" means trees, shrubs, vines,
fruit, forage and cereal plants, and all other plants, cuttings,
grafts, scions, buds, and all other parts of plants; including
fruit, vegetables, roots, bulbs, pips, seeds, wood, lumber, and all
other plant products.
(n) "Property" means real estate, personal property, and any
thing or substance connected with real estate or personal property
whether or not it has value.
Sec.
4. Any nursery, nurseryman, dealer, plant grower or agent
A person desiring to sell or give away nursery stock in this state
shall
make application apply in writing before April 1 of each year
to
the director for the inspection of his the nursery stock growing
in
this state. , or failing to give such notice, such nursery,
nurseryman,
dealer, plant grower or agent shall be A person that
fails to apply for the inspection of nursery stock as required
under this section is liable for the additional expense of the
inspector
department for the inspection of the nursery stock. The
application
shall be made submitted under the true name of the
nursery
grower or dealer, as the case may be. person. If an assumed
name
is used, the proprietor's name and address must shall also
appear
on the application . This requirement shall also apply and
in all advertising or printed matter used or distributed.
Sec.
6. (1) The director shall cause to be inspected at least
once
each not less than every
other year during the growing season
all
nurseries in the state each
nursery located in this state, and
each nursery dealer located in this state that receives nursery
stock from other states or countries, including any nursery stock
found at that nursery or nursery dealer that will be sold, offered
for sale, or removed or shipped from the nursery to ascertain
whether they are infested with insect pests or infected with plant
diseases.
The director shall cause to be inspected all nursery
stock
which will be stored or offered for sale or which is stored
in
cellars, heeling-in grounds, or warehouses to ascertain whether
it
is infested with insect pests or infected with plant diseases
and
assess an inspection fee.Inspections
of nurseries that
distribute nursery stock interstate shall be conducted annually,
provided those nurseries are in compliance with this act. If the
director conducts an inspection under this subsection, the director
shall assess an inspection fee as provided for in this section.
(2)
If upon the inspection of any nursery stock it is
determined
the department determines that the nursery stock or
nursery and its premises are apparently free from insect pests and
plant diseases, and if the necessary inspection fees have been
paid,
the director shall give or send to the owner of each the
nursery or of the nursery stock or to the person in charge of the
nursery or nursery stock a certificate executed by the director
setting
forth the fact of the inspection. If any inspections are
requested
by any nursery after September 1, the nursery or
applicant
shall pay, in addition to the inspection fee, the expense
of
the inspector and mileage at the prevailing rate per mile, as
established
by the state administrative board, in going to and
returning
from the inspection, either from Lansing or the location
of
the nearest inspector.
(3) Certificates of inspection are valid from November 1 in 1
year
to October 31 of the following year. Any A nursery owner or
nursery dealer may request a second inspection be performed, prior
to offering for sale or removing or shipping of nursery stock from
a
nursery or other premises. , provided that The department shall
perform the inspection if the nursery owner, nursery dealer, or
applicant pays an inspection fee based upon the actual cost to the
department
of agriculture of such in
conducting the inspection.
(4) A person shall not sell, offer for sale, or remove or ship
from a nursery or other premises any nursery stock until the
nursery stock has been officially inspected and a certificate or
permit covering it has been granted by the director, except that
nursery stock may be shipped to the director without an inspection
and certification.
(5) The director shall not grant a certificate of inspection
to
private landowners who are about persons that intend to sell
or
remove
trees or plants nursery
stock originally supplied from the
state, federal, or state and federal nurseries or by any political
subdivision or its agencies.
(6) The director shall charge an inspection fee based upon the
cost
to the department of agriculture of making the inspection.
However, the director shall adjust the schedule of fees for the
costs of making the various inspections of nursery stock, plants,
and plant materials as required by this act. The director shall
review and adjust its schedule of fees for the inspections at the
end of each fiscal year. In any given fiscal year, the director may
raise
initial inspection fees by no not more than 50%. an amount
determined by the state treasurer to reflect the cumulative annual
percentage change in the Detroit-Ann Arbor-Flint consumer price
index over the 1-year period. An adjustment under this subsection
shall not exceed 5% even if the amount determined by the state
treasurer to reflect the cumulative annual percentage change over
the 1-year period is more than 5%. If the cumulative annual
percentage change over the 1-year period is less than zero, a
cumulative annual percentage change of zero shall be used for the
adjustment. The adjustment shall be rounded to the nearest dollar
to set each year's fee under this subsection, but the absolute
value shall be carried over and used to calculate the next annual
adjustment. The commission of agriculture and rural development
shall
approve all adjustments to the initial fees before they are
adopted.
Sec.
9. (1) A person , firm, partnership, association, or
corporation
growing or desiring to sell nursery
stock in this state
shall,
on or before October 31, 1982 and October 31 of each year,
apply
to the director for a license. After September 30, 2012, the
annual
nursery license fee shall be $50.00. Until September 30,
2012,
the A person that is a
nursery dealer that only purchases
nursery stock grown in this state by a nursery grower in this state
that holds a valid nursery license and certificate of inspection is
not required to apply for a license, but instead shall, on or
before October 31 of each year, register with the director as a
nursery dealer. The fee to register as a nursery dealer is $35.00.
The
annual nursery license fee shall be is $100.00.
After September
30,
2012, the annual license fee for plant growers or plant dealers
shall
be $20.00. Until September 30, 2012, the The annual license
fee
for plant growers or plant dealers shall be is $100.00.
The
annual
license fee for nursery dealers shall be is $100.00. Until
September
30, 2012, and for For persons growing less than 1/4 acre
of nursery stock or utilizing less than 200 square feet of
greenhouse space, the fee for a license is $40.00. License fees
provided
for in this act shall become are
due and payable at the
office of the director on or before October 31 of each year. The
fees imposed in this subsection are subject to subsection (8).
(2) The agriculture licensing and inspection fees fund is
created within the state treasury. The state treasurer may receive
license and inspection fees and administrative and civil fines
received pursuant to this act and other acts, as provided for by
law,
that are administered by the department of agriculture. for
deposit into the agriculture licensing and inspection fees fund.
The
fund state treasurer may also
receive money or other assets
from any other source for deposit into the agriculture licensing
and inspection fees fund. The state treasurer shall direct the
investment of the agriculture licensing and inspection fees fund
and shall credit to the agriculture licensing and inspection fees
fund interest earnings from fund investments. Money in the
agriculture licensing and inspection fees fund at the close of the
fiscal year shall remain in the fund and shall not lapse to the
general
fund. The department of agriculture shall expend money from
the agriculture licensing and inspection fees fund, upon
appropriation, for the purpose of administering and carrying out
those duties required by law under this act and other acts, as
provided by law, that are administered by the department. The
department
of agriculture shall be the administrator of the
agriculture licensing and inspection fees fund for auditing
purposes.
(3) Subject to subsection (4), license fees, inspection fees,
and
other noncriminal fees collected under sections this section
and
section 6 and 9 and
administrative fines imposed under this act
shall
be paid deposited into the agriculture licensing and
inspection
fees fund, created in subsection (2), to be used,
pursuant
to upon appropriation, by the director in administering
and carrying out those duties required by law under this act and to
develop and improve training and outreach programs for the purpose
of
safeguarding plants and or
plant products from unwanted plant
pests.
(4)
Beginning October 1, 2003, the The
horticulture fund is
created within the state treasury. The state treasurer may receive
money or other assets from any source for deposit into the
horticulture
fund. From October 1, 2003 until
September 30, 2012,
up
Up to $70,000.00 of the funds generated through
licensing may be
deposited into the horticulture fund each year. The state treasurer
shall direct the investments of the horticulture fund. The state
treasurer shall credit interest and earnings from horticulture fund
investments to the horticulture fund. Assets in the horticulture
fund at the close of the fiscal year shall remain in the
horticulture fund and shall not lapse to the general fund. The
director shall administer the horticulture fund and shall expend
money from the horticulture fund, upon appropriation, to provide
for research projects, to develop and improve training programs,
and to develop outreach materials for the purposes of safeguarding
plants
and or plant products from unwanted plant pests. The
director shall administer the horticulture fund with advice and
consultation
from a the horticultural advisory committee created in
subsection
(5). After September 30, 2012, the fund shall no longer
exist
and the money in the fund shall revert to the agriculture
licensing
and inspection fees fund for use as described in
subsection
(2).
(5) There is created a horticulture advisory committee.
Members of this committee, to be named by the director, shall
include representatives from the horticulture industry.
(6) This section does not apply to persons engaged in fruit
growing
who that are not nurserymen nursery growers but desire to
sell or exchange surplus small fruit plants of their own growing,
or
to farmers or other persons who that
may sell or give away
native
wild shade trees, native wild shrubs,
native wild vines,
native
wild hardy perennials, or native wild evergreens
from their
own premises.
(7)
Beginning July 23, 2004, the The
director shall issue an
initial or renewal license under this section not later than 90
days
after the applicant files a completed application .
Receipt of
the
application is considered the date the application for the
license
is received by any agency or the department. of
the state
of
Michigan. If the application is
considered incomplete by the
director, the director shall notify the applicant in writing, or
make the information electronically available, within 30 days after
receipt of the incomplete application, describing the deficiency
and requesting the additional information. The 90-day period is
tolled upon notification by the director of a deficiency until the
date the requested information is received by the director. The
determination of the completeness of an application does not
operate as an approval of the application for the license and does
not confer eligibility of an applicant determined otherwise
ineligible for issuance of a license. The director shall not
discriminate against an applicant in the processing of the
application based upon the fact that the license fee was refunded
or
discounted under this subsection
(8).
(8) If the director fails to issue or deny a license within
the time required by this section, the director shall return the
license fee and shall reduce the license fee for the applicant's
next renewal application, if any, by 15%. The failure to issue a
license within the time required under this section does not allow
the
department of agriculture to otherwise delay the processing of
the application, and that application, upon completion, shall be
placed in sequence with other completed applications received at
that same time.
(9)
Beginning October 1, 2005, the The
director shall submit a
report by December 1 of each year to the standing committees and
appropriations subcommittees of the senate and house of
representatives concerned with agricultural issues. The director
shall include all of the following information in the report
concerning the preceding fiscal year:
(a) The number of initial and renewal applications the
department received and completed within the 90-day time period
described in subsection (7).
(b) The number of applications denied.
(c) The number of applicants not issued a license within the
90-day time period and the amount of money returned to licensees
and registrants under subsection (8).
(10) As used in this section, "completed application" means an
application complete on its face and submitted with any applicable
licensing and inspection fees as well as any other information,
records, approval, security, or similar item required by law or
rule from a local unit of government, a federal agency, or a
private
entity but not from another department or agency of the
this
state. of Michigan.
Sec.
17. (1) It shall be unlawful for any A person ,
firm,
partnership,
association or corporation to shall
not sell within
this
state any nursery stock unless such the nursery stock has been
officially
inspected and a certificate issued
by the director
stating
that such the nursery stock has been inspected and found
apparently
free from insect pests and plant
diseases. It shall,
however,
be the privilege of a nurseryman However,
a nursery grower
or plant grower holding a valid certificate covering nursery stock
grown
by him to or her may ship under the certificate nursery stock
grown for him or her elsewhere or purchased by him or her from
other
states or countries, if all such of the nursery stock is
received
under an official a certificate acceptable to the director
and
that states that it has been inspected where grown and
found to
be apparently free from insect pests and diseases. The director
shall
may also have authority to inspect or re-inspect
reinspect at
any
time or place any nursery stock shipped in within this state or
shipped
into the this state
and to treat it as hereinafter
provided.
It shall be contrary to the provisions of this act for
any
person, firm, association, partnership, tourist or corporation
to
as provided in this section. Except
as provided in this
subsection, a person shall not ship into or transport within this
state
any nursery stock unless same it
has first been inspected by
the director. In the case of plants moving from a nursery or other
premises,
a tag bearing a valid certificate issued to the person,
firm,
partnership, association or corporation nursery grower or
person
owning or in charge of the nursery
or other premises from
where
the plants have been moved must shall
be in plain sight and
attached to some of the plants on the vehicle used to transport the
plants.
All native wild trees, herbaceous perennials, and
shrubs
taken
up from farmers' a
person's woodlots, forests, or
other
premises other than a nursery, when being shipped into or
transported
on the highways of the this
state, shall have attached
to each plant a special tag furnished at cost by the director,
which
tag shall remain on not be
removed from the plant or plants
after
they are replanted, and shall have plainly printed thereon on
the
tag the fact that this plant is of native
wild stock and is not
nursery
grown and such fact this
information shall be clearly and
legibly
stated in all advertising media offering same the plant for
sale. Carrying uninspected nursery stock in vehicles is prohibited,
by
law, and the director is
authorized to may post signs
on the
highways warning tourists and other carriers against the
transportation of wild trees, herbaceous perennials, and shrubs and
he
is also authorized to or
she may cooperate with the department
of
conservation natural
resources and seek the cooperation of
the
Michigan state police or local law enforcing officials in the
enforcement
of the provisions of this law.act.
(2) A person receiving or selling nursery stock on a wholesale
basis shall maintain shipping documents including certificates of
inspection of the nursery stock for a period of 36 months after the
date of receipt or sale, whichever is later. A person that receives
nursery stock on a retail basis is not subject to this subsection.
Sec.
22. Any owner of plants or plant products which are not
nursery
stock and which he A person
that wishes to ship plants or
plant
products into another state or country
may apply to request
that
the commissioner of agriculture for
an inspection of the same
with
reference to the presence of director
inspect the plants or
plant products for insect pests or diseases or other factors likely
to
prevent the acceptance of such the
plants or plant products in
such
that state or country. , agreeing in his
application The
request shall include an agreement to pay in full the expenses of
the
inspection. , and upon Upon receipt of such
application a
request and agreement under this section, or as soon thereafter as
may
be conveniently practicable, the commissioner of agriculture
director
shall comply with such the request , and, upon the receipt
of
the expenses of the inspection, he shall issue to the applicant
a certificate to the facts disclosed.
