Act No. 223

Public Acts of 2006

Approved by the Governor

June 24, 2006

Filed with the Secretary of State

June 26, 2006

EFFECTIVE DATE: June 26, 2006

STATE OF MICHIGAN

93RD LEGISLATURE

REGULAR SESSION OF 2006

Introduced by Reps. Stahl, Emmons, Sheltrown, Mayes, Hoogendyk, Nitz, Baxter, Hummel and Drolet

ENROLLED HOUSE BILL No. 5347

AN ACT to amend 2000 PA 316, entitled "An act to define organic agriculture and products; to provide for the establishment of standards relative to organic products, producers and handlers of organic products, and other persons; to provide for designation of certain entities as certifying agents; to provide for registration of certain persons; to create certain funds and provide for their disposition; to create certain advisory committees; to provide for certain powers and duties of certain state agencies; and to provide for penalties and remedies," by amending section 21 (MCL 286.921).

The People of the State of Michigan enact:

Sec. 21. (1) By promulgation of rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL24.201 to 24.328, the director may adopt standards that meet or exceed the standards for organic products of the United States department of agriculture agricultural marketing service, or equivalent national organic program. The standards shall include a list of prohibited substances. In no case shall this act, the standards, or both, permit the use of synthetic chemicals, genetically modified organisms, sewage sludge, ionizing radiation, or any combination of those substances. The director shall consult with the organic advisory committee regarding the development of and changes to the Michigan organic standards. The director may adopt additional standards that he or she determines necessary, including, but not limited to, protecting the waters of this state, the state natural resources, or the integrity of organic agriculture.

(2) The standards contained in 7 CFR part 205, national organic program, are adopted by reference. The director may adopt any other standards he or she determines substantially equivalent upon 10 days' notification of such determination on the department internet website, or other form of notice considered appropriate by the director and designed to inform the industry and general public.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor