HB-4451, As Passed House, May 21, 2015

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4451

 

 

 

 

 

 

 

 

 

 

 

 

     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

 

"2015 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.

 

     (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) (f) "Director" means the director of the department of

 

agriculture or the director's authorized agent.representative.

 

     (m) (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.

 

     (n) "Distributor" means a person that distributes.

 

     (o) (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.

 

     (p) "Embargo order" means an embargo order issued by the

 

director pursuant to section 15.

 

     (q) (i) "Feed ingredient" means each of the constituent

 

materials making up a commercial feed.

 

     (r) "Food additive" means that term as it is defined in 21 USC

 

321(s).

 

     (s) "Fund" means the feed control fund created in section 17.

 

     (t) "Guarantor" means a person that agrees to be responsible

 

for labeling, information, guarantees, and claims.

 

     (u) "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.

 

     (v) (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.

 

     (w) (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.

 

     (x) "License" means a commercial feed license issued under

 

this act.

 

     (y) "Licensee" means a person that has been issued a license.

 

     (z) "Local unit of government" means a county, township, city,

 

or village.

 

     (aa) (l) "Manufacture" means to process, prepare, grind, mix,

 

package, repackage, or blend custom or relabel commercial feed for

 

distribution. A "manufacturer" is

 

     (bb) "Manufacturer" means a person who that manufactures.

 

     (cc) "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.

 

     (dd) "Official sample" means a sample of feed taken by the

 

director in accordance with section 7.

 

     (ee) (m) "Percent" or "percentage" means the percentage by

 

weight.

 

     (ff) (n) "Person" means an individual, partnership,

 

association, firm, or corporation, association, governmental

 

entity, or other legal entity.

 

     (gg) (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.

 

     (hh) "Quantity statement" means a writing containing the net

 

weight of a solid or net weight or net volume of a liquid.

 

     (ii) "Rule" means a rule promulgated pursuant to the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328.

 

     (jj) "Seizure order" means a seizure order issued by the

 

director pursuant to section 15.

 

     (kk) (r) "Sell" or "sale" means the exchange of ownership.

 

     (ll) "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.

 

     (mm) (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 due to the adulteration of commercial feed under section 8

 

or a violation of section 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 do

 

either of the following:

 

     (a) Continuously maintain in this state a registered office

 

and a resident agent, which agent may be 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 licensee shall

 

file with the department the name, address, and telephone number of


the resident agent and shall maintain and make available records

 

required by this act.

 

     (b) Maintain and make available to the department records

 

required by this act and pay all costs incurred by the department

 

in auditing the records if they are held at an out-of-state

 

location.

 

     (14) A license issued prior to the effective date of the

 

amendatory act that added this subsection remains in effect until

 

July 1, 2016, subject to revocation or suspension as otherwise

 

provided in this act. Beginning July 1, 2016, 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.AOAC 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 promulgated, 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 the director by rule requires

 

as necessary for their safe and effective use if required by rule.

 

     (c) (f) Precautionary statements the director by rule

 

determines are as necessary for the safe and effective use of the

 

commercial feed if required by rule.

 

     (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 is $50.00 per July 1 to June 30

 

annual period.

 

     (d) The inspection fee is $0.15 per ton on feed ingredients

 

that are by-products of manufacturing processes and have a moisture

 

content equal to or greater than 60%.

 

     (2) Each person liable for paying 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. 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 suspending a distributor license.

 

     (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 enforcing and determining compliance

 

with this act, including whether or not any operations are subject

 

to this act, 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 the 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 the records and produc­tion and control procedures as are

 

necessary to determine compliance with this act.

 

     (c) Enter any vehicle of transport during regular business

 

hours to access and obtain samples, and examine records relating to

 

distribution of feed for the enforcement of this act. Subject to

 

subsection (2), entry upon farm premises shall not be made without

 

permission of the landowner or the operator of the farm and based

 

on cause.

 

     (2) If the owner of any factory, warehouse, or establishment

 

described in subsection (1), or the owner's agent, refuses

 

permission 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 AOAC 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 that 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 established by rule.

 

     (n) It is inferior or is damaged, and the inferiority or

 

damage has been concealed.

 

     (o) Any substance has been added or 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 purported or represented on its label.


     (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 purported or represented identity,

 

strength, quality, and purity.

 

     (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 would create that

 

creates 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 agricultural commodities such as whole grain,

 

whole seed, hay, straw, stover, silage, cobs, and husks, that are

 

adulterated within the meaning of section 8. Upon prior approval by

 

the director, commodities described in this subdivision may be

 

distributed if reworked to acceptable levels for safe use to be fed

 

to animals.

 

     (d) Remove or dispose of, without authorization from the

 

director, commercial feed subject to a seizure order.

 

     (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

 

cease order shall be followed by a written cease order as follows:

 

     (i) Upon receipt of the cease order, the responsible party

 

shall immediately comply with the order. Failure to comply subjects

 

the responsible party to the penalties imposed under section 16.

 

     (ii) The director shall rescind the cease 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 rescission

 

may be oral, and the responsible party may rely on the oral

 

rescission. However, an oral rescission shall be followed by a

 

written rescission.

 

     (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

 

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 that 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.

 

     (7) As used in this section, "nuisance" means animal feed that

 

is adulterated to the extent that it constitutes an impending

 

danger to the health, safety, or welfare of humans or animals.

 

     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


does not prohibit 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 act or attempted to violate this act.

 

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 October

 

1, 2015.