SB-0668, As Passed Senate, October 6, 2005

SUBSTITUTE FOR

SENATE BILL NO. 668

     A bill to amend 1998 PA 381, entitled

"Michigan agricultural processing act,"

by amending section 3 (MCL 289.823).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     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, 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,

and grain processing practices.

     (2) Until the Michigan commission of agriculture establishes

the generally accepted fruit, vegetable, dairy product, 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.

     (c) Adoption of new technology.

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

product being processed.

     Enacting section 1.  This amendatory act does not take effect

unless Senate Bill No. 669 of the 93rd Legislature is enacted into

law.