February 23, 2016, Introduced by Reps. Brett Roberts and Lauwers and referred to the Committee on Agriculture.
A bill to amend 1965 PA 329, entitled
"Michigan seed law,"
by amending section 11 (MCL 286.711), as amended by 1996 PA 86.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11. (1) The director shall administer and enforce this
act. and
The director may maintain a seed testing laboratory and
facilities
with all necessary equipment and such analysts,
inspectors, assistants, and other personnel necessary for proper
enforcement and
of this act. The director may
incur expenses as may
be
necessary to carry out the
provisions of implement this act. The
director shall do all of the following:
(a)
Sample, inspect, make analysis of, analyze, and test any
of
the seed defined in this act which
that is sold or held for sale
within
the this state, for seeding purposes, at the time and place
and to the extent as he or she considers necessary to determine
whether the seeds are in compliance with this act and notify
promptly the person who sold, offered, or exposed the seed for sale
of any violation found relating to the seed.
(b) Enter upon any public or private premises during regular
business hours in order to have access to seeds and the records
related to seeds subject to this act and the rules promulgated
under this act, and upon any conveyance on land, water, or air at
any time that the conveyance is accessible, for the same purpose.
(c)
Promulgate any rules , in accordance with the
administrative
procedures act of 1969, Act No. 306 of the Public
Acts
of 1969, being sections 24.201 to 24.328 of the Michigan
Compiled
Laws, as may be incidental to, or necessary
for, the
accomplishment
of the purpose and the enforcement of to implement
or
enforce this act. If the Michigan
supreme court rules that
sections
45 and 46 of the administrative procedures act of 1969,
Act
No. 306 of the Public Acts of 1969, being sections 24.245 and
24.246
of the Michigan Compiled Laws, are unconstitutional, and a
statute
requiring legislative review of administrative rules is not
enacted
within 90 days after the Michigan supreme court ruling, the
department
shall not promulgate rules under this act.
(d) Prescribe and, after public notice, establish germination
standards for vegetable, flower, and forest tree seed, if
necessary, to aid in the efficient enforcement of this act.
(e)
Make or provide for the making of purity, germination, and
other
tests of seed for any person on request, prescribe Promulgate
rules
governing such purity,
germination, and other seed testing ,
and prescribe by rule fees for testing seed that shall
do not
exceed the actual cost of conducting the test and that are
comparable
with fees for similar testing in other states. , and
establish
inspection fees to enforce the provisions of this act.
Fees for germination and purity tests of 1 kind of agricultural
seed shall not exceed $15.00 per sample. All fees collected for the
testing of seeds shall be deposited with the state treasurer and
credited to the general fund.
(f)
Cooperate with the United States department Department of
agriculture
Agriculture and other agencies or associations in seed
law enforcement.
(2) In the case of field bean seeds, the field inspection,
laboratory analysis, and the securing and submission of a
representative sample shall be performed by a person or agency
approved by the director. The director shall authorize the person
or agency to charge fees commensurate with the activity. Producers
and persons or agencies conducting analyses or inspections shall
generate inspection and analysis information and maintain that
information for a period of at least 2 years following final
disposition of the seed lot. The approved persons and agencies and
seed producers shall provide records and information regarding
field inspections and laboratory tests to the director upon
request.
(3) Except as otherwise provided in this subsection, a person
shall
does not have a cause of action against an inspection or
testing agency or its employee if the inspection or testing agency
or its employee is engaged in duties permitted by this act and
utilizes written and approved procedures and protocols established
by the director. An inspection or testing agency or its employee is
liable for injuries to persons and damage to property under 1 or
more of the following circumstances:
(a) The inspection or testing agency or its agent or employee
failed to follow written procedures and protocols.
(b) The inspection or testing agency or its agent or employee
improperly interpreted laboratory test results even though the
written procedures and protocols were followed.
(c) The actions taken by the inspection or testing agency or
its agent or employee were not within the scope of its official
duties.
(4) As used in this section, "rule" means a rule promulgated
pursuant to the administrative procedures act of 1969, 1969 PA 306,
MCL 24.201 to 24.328.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.