August 11, 2010, Introduced by Rep. Daley and referred to the Committee on Agriculture.
A bill to regulate certain pallets and persons performing
activities related to those pallets; to provide for certain powers
and duties for certain state and local governmental agencies and
officers; and to provide for penalties and remedies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "food
safety transportation act".
Sec. 3. As used in this act:
(a) "Chemically contaminated wood" means treated lumber,
treated wood pallets, treated wood pallet components, or composite
wood materials that have been chemically treated with a pesticide
to resist wood-boring insects; contain glue or resins composed in
whole or in part of formaldehyde; or have been coated with paint, a
preservative, or a sealant product.
(b) "Composite wood products" means hardwood plywood,
particleboard, and medium density fiberboard.
(c) "Department" means the Michigan department of agriculture.
(d) "Pallet" means an object consisting of a flat or
horizontal deck or platform with a forklift entry supported by
structural components that is used as a base for storing or
transporting objects, wares, goods, or commodities.
(e) "Person" means any individual, corporation, partnership,
limited liability company, or other legal entity.
(f) "Wood pallet" means a pallet composed in whole or in part
of wood or composite wood products.
Sec. 5. (1) A person shall not sell, offer for sale, rent,
distribute, or otherwise supply pallets to another person in this
state for use in storing or transporting raw agricultural
commodities or raw, processed, or packaged food in commerce, unless
the supplying person ensures that any pallets, when so provided for
those uses, comply with the following:
(a) Are clean and dry.
(b) Have been kept by the supplier in appropriate hygienic
zones that are well separated from potential contaminants.
(c) Have a moisture content below 20%.
(d) Do not have any protruding nails, screws, or broken or
damaged parts that can penetrate into any commodities or food
shipped or stored thereon or that can damage their packaging.
(2) A person shall not sell, offer for sale, rent, distribute,
or otherwise supply wood pallets to another person in this state
for use in storing or transporting raw agricultural commodities or
raw, processed, or packaged food in commerce, unless the supplying
person ensures that the wood pallets are cleansed and sanitized by
1 of the following methods:
(a) High-temperature treatment.
(b) Kiln drying.
(c) Steam-heating.
(d) High-pressure water in combination with a food-contact-
suitable sanitizing agent.
(e) Electrothermic bacteriolysis process.
(f) Radiation.
(g) Microwave technology.
(3) A person in this state shall not manufacture, sell, offer
for sale, rent, distribute, or otherwise supply any pallet made in
whole or in part from combustible materials, regardless of its
composition, unless that pallet meets the requirements to be listed
under underwriters laboratories, incorporated, standards for safety
-- UL 2335, "Standard for Fire Tests of Storage Pallets", as in
effect on December 31, 2009.
(4) A person shall not sell, offer for sale, rent, distribute,
or otherwise supply a pallet composed of chemically contaminated
wood or containing formaldehyde, including formaldehyde found in
pallets made in whole or in part from composite wood products, to
any person in this state for handling, sorting, storing, shipping,
or transporting goods.
Sec. 7. (1) A person shall not knowingly dispose of wood
pallets or pieces of wood pallets in any landfill located in this
state except that any pallet that does not contain chemically
contaminated wood may be disposed of in a landfill that is
permitted to accept construction and demolition debris. Wood
pallets or any pieces of wood pallets may be recycled if otherwise
allowed by law.
(2) A person that sells, offers for sale, rents, distributes,
or otherwise supplies wood pallets to a wholesaler, retailer, or
other end-user in this state shall remove those wood pallets or
pieces of such wood pallets from the wholesaler, retailer, or end-
user within 10 business days after receiving a request for their
removal.
(3) A local unit of government may petition the department for
a waiver from the prohibition on disposal of wood pallets in a
landfill based on a showing that prohibiting the disposal of the
material would constitute an economic hardship.
Sec. 11. (1) The department shall promulgate rules under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, to do the following:
(a) Evaluate methods for limiting the transport of invasive
pests in or on wood pallets, which evaluation and methodology shall
include an assessment of the costs and benefits of using
commercially available treatments for mitigating and preventing
reinfestation of wood pallets.
(b) Establish standards to ensure wood pallets used to store
or transport goods within this state are free of infestations by
invasive pests.
(2) The rules promulgated under subsection (1), to the extent
necessary to meet the objectives of this act, shall require routine
inspection and certification by the department of wood pallets used
in this state.
(3) Annually, the department shall report to the legislature
on the findings of the evaluation under the rules promulgated under
subsection (1) and make recommendations for limiting the transport
of invasive pests in wood pallets.
Sec. 13. (1) A person that violates section 5, or the rules
promulgated pursuant to section 11(1)(a) and (b), is responsible
for a state civil infraction and may be ordered to pay a civil fine
of not more than $1,000.00 for each violation. A separate violation
occurs for each pallet involved in the violation. The maximum
penalty for a related series of violations is $5,000,000.00.
(2) A person that violates section 7(1) or (2) is responsible
for a state civil infraction and may be ordered to pay a civil fine
of not more than $25,000.00 for each violation. A separate
violation occurs for each prohibited act or each failure or refusal
to allow or perform a required act. The maximum penalty for a
related series of violations is $10,000,000.00.
(3) In addition to any other remedy provided by law, the
attorney general may file an action for injunctive relief to enjoin
violations of this act or rules promulgated under this act and may
recover any costs or damages suffered by the state because of a
violation of this act, including enforcement costs relating to the
specific violation and attorney fees.
(4) The remedies under this act are cumulative, and a
violation of this act does not prevent the bringing of an
administrative, civil, or criminal action otherwise allowed by
state or federal law or an ordinance enacted by a local unit of
government.