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SB-0668, As Passed House, December 6, 2005

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 668

(As amended December 6, 2005)

[A bill to amend 1998 PA 381, entitled

"Michigan agricultural processing act,"

by amending the title and sections 2 and 3 (MCL 289.822 and 289.823).]

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

[TITLE

An act to define certain fruit, vegetable, dairy product, meat, and grain processing uses and practices; to provide for circumstances under which a processing operation is not considered to be a public or private nuisance; to provide for certain powers and duties for certain state agencies and departments; and to provide for certain remedies for certain persons.

Sec. 2. As used in this act:

(a) "Dairy product" means all of the following:

(i) Dairy product ~~and milk product~~ as ~~those terms are~~ that term is defined in section 1 12 of the manufacturing milk ~~act, 1913 PA 222, MCL 288.101~~ law of 2001, 2001 PA 267, MCL 288.572.

(ii) ~~Ice cream, French ice cream, variegated ice cream, ice milk, sherbet, and frozen desserts as those terms are defined in section 2 of the frozen desserts act of 1968, 1968 PA 298, MCL 288.322.~~ Milk product as that term is defined in section 4 of the grade A milk law of 2001, 2001 PA 266, MCL 288.474.

(b) "Fruit and vegetable product" means those plant items used by human beings for human food consumption including, but not limited to, field crops, root crops, berries, herbs, fruits, vegetables, flowers, seeds, grasses, tree products, mushrooms, and other similar products, or any other fruit and vegetable product processed for human consumption as determined by the Michigan commission of agriculture.

(c) "Generally accepted fruit, vegetable, dairy product, meat, and grain processing practices" means those practices as defined by the Michigan commission of agriculture. The Michigan commission of agriculture shall give due consideration to available Michigan department of agriculture information and written recommendations from the Michigan state university college of agriculture and natural resources extension and the agricultural experiment station in cooperation with the United States department of agriculture, the United States food and drug administration, the Michigan department of environmental quality, and other professional and industry organizations.

(d) "Grain" means dry edible beans, soy beans, small grains, cereal grains, corn, grass seeds, hay, and legume seeds in a raw or natural state.

(e) "Person" means an individual, corporation, partnership, association, limited liability company, or other legal entity.

(f) "Processing" means the commercial processing or handling of fruit, vegetable, dairy, meat, and grain products for human food consumption and animal feed including, but not limited to, the following:

(i) The generation of noise, odors, waste water, dust, fumes, and other associated conditions.

(ii) The operation of machinery and equipment necessary for a processing operation including, but not limited to, irrigation and drainage systems and pumps and the movement of vehicles, machinery, equipment, and fruit and vegetable products, dairy products, meat, and grain products and associated inputs necessary for fruit and vegetable, dairy, and grain, food, meat, or feed processing operations on the roadway as authorized by the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

(iii) The management, storage, transport, utilization, and land application of fruit, vegetable, dairy product, meat, and grain processing by-products consistent with generally accepted agricultural and management practices as established under the Michigan right to farm act, 1981 PA 93, MCL 286.471 to 286.474.

(iv) The conversion from 1 processing operation activity to another processing operation activity.

(v) The employment and use of labor engaged in a processing operation.

(g) "Processing operation" means the operation and management of a business engaged in processing.]

Sec. 3. (1) A processing operation shall not be found to be a

public or private nuisance if the processing operation alleged to

be a nuisance conforms to generally accepted fruit, vegetable,

dairy product, meat [ ], and grain processing practices as

determined by the Michigan commission of agriculture. The Michigan

commission of agriculture shall annually review and revise, as

determined necessary, the generally accepted fruit, vegetable,

dairy product, [meat,] and grain processing practices.

(2) Until the Michigan commission of agriculture establishes

Senate Bill No. 668 (H-1) as amended December 6, 2005

the generally accepted fruit, vegetable, dairy product, meat

[ ], and grain processing practices, a processing operation

shall not be found to be a public or private nuisance in an action

brought in a court of competent jurisdiction if the director of the

department of agriculture has determined that the processing

operation is in compliance with this act as described in section

4(3).

(3) ~~(2)~~ A processing operation shall not be found to be a

public or private nuisance if the processing operation existed

before a change in the use or occupancy of land within 1 mile of

the boundaries of the land upon which the processing operation is

located and, ~~if,~~ before that change in use or occupancy of land,

the processing operation would not have been found to be a

nuisance. The determination of the circumstances described in this

subsection or subsection (1) or (2) is considered to be a finding

as a matter of law and creates a rebuttable presumption that the

processing operation is operating under generally accepted

practices or that the processing operation is not a public or

private nuisance.

(4) ~~(3)~~ A processing operation that is in conformance with

subsection (1) or (2) shall not be found to be a public or private

nuisance as a result of any of the following:

(a) A change in ownership or size.

(b) Temporary cessation or interruption of processing.

(d) A change in type of fruit, vegetable, dairy, meat, or

grain product being processed.