SENATE BILL NO. 1093 April 29, 1998, Introduced by Senators MC MANUS, SCHUETTE, GAST and BYRUM and referred to the Committee on Farming, Agribusiness and Food Systems. A bill to amend 1982 PA 239, entitled "An act to license and regulate animal food manufacturing plants, transfer stations, dead animal dealers, rendering plants, and certain vehicles; to regulate the disposal of dead animals and to provide for poultry composting; to prescribe the powers and duties of certain state departments; to impose fees; to prescribe penalties; and to repeal certain acts and parts of acts," by amending the title and sections 3, 15, 19, 21, 23, and 29 (MCL 287.653, 287.665, 287.669, 287.671, 287.673, and 287.679), the title and sections 3, 15, 19, 23, and 29 as amended by 1993 PA 228 and section 21 as amended by 1996 PA 65, and by adding sec- tion 28. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 TITLE 2 An act to license and regulate animal food manufacturing 3 plants, transfer stations, dead animal dealers, rendering plants, 4 and certain vehicles; to regulate the disposal of dead animals 05101'97 LBO 2 1 and to provide for poultry AND LIVESTOCK composting; to prescribe 2thepowers and duties of certain state departments; to impose 3 fees; to PROVIDE FOR REMEDIES AND TO prescribe penalties; and to 4 repealcertainacts and parts of acts. 5 Sec. 3. (1) "Animal" means mollusks, crustaceans, and ver- 6 tebrates other than human beings. 7 (2) "Animal food manufacturing plant" means an establishment 8 at which animal or pet food is produced through the slaughtering, 9 boning, grinding, cooking, canning, or freezing of dead animals. 10 (3) "COMPOSTING STRUCTURE" MEANS A STRUCTURE DESIGNED AND 11 BUILT FOR THE SOLE PURPOSE OF COMPOSTING ORGANIC MATERIAL AND 12 DEAD LIVESTOCK AND NOT POULTRY. 13 (4)(3)"Dead animals" means restaurant grease and the 14 bodies, any part of the bodies, or any material produced from the 15 bodies of animals which have been slaughtered or have died from 16 any other cause and are not intended for human food."Dead 17 animals" doesDO not include a finished product which has been 18 processed by an approved method. 19 (5)(4)"Dead animal dealer" means a person that procures 20 and transports dead animals to or from a facility licensed under 21 this act. 22 (6)(5)"Decharacterize" means a procedure that renders 23 dead animals unfit for human consumption. 24 (7)(6)"Denature" means a procedure that will impart a 25 distinctive color, odor, or taste to dead animals so that the 26 bodies are unfit for human consumption or cannot be used for 27 animal or pet food unless properly rendered. 05101'97 3 1 (8)(7)"Department" means the department of agriculture. 2 (9)(8)"Director" means the director of the department of 3 agriculture or his or her authorized representative. 4 (10)(9)"Facility" meanseachANY of the following: 5 (a) An animal food manufacturing plant. 6 (b) A rendering plant. 7 (c) A transfer station. 8 (11) "LIVESTOCK" MEANS ANY SPECIES OF ANIMAL USED FOR HUMAN 9 FOOD OR FIBER OR THOSE SPECIES USED FOR SERVICE TO HUMANS. 10 LIVESTOCK INCLUDES, BUT IS NOT LIMITED TO, CATTLE, SHEEP, NEW 11 WORLD CAMELIDS, BISON, CAPTIVE CERVIDAE, RATITES, SWINE, EQUINE, 12 AQUACULTURE SPECIES, AND RABBITS. 13 Sec. 15. (1) Until rules are promulgated under subsection 14 (2), a COMPOSTING FACILITY SHALL FOLLOW THE STANDARDS CONTAINED 15 IN MICHIGAN STATE UNIVERSITY EXTENSION STAFF PAPER ANS-MIMEO 16 #369, FILE NO. 19.42, DATED MARCH 1998, WHICH IS INCORPORATED BY 17 REFERENCE.licensed facility shall conform to the following18specifications:19(a) Except for approved escapes for steam, all tanks shall20be airtight. Steam shall be disposed of so that the steam does21not annoy or constitute a nuisance to the public.22(b) The facility shall be constructed for the purpose23intended and shall be kept in good repair at all times. The24facility shall have:25(i) Floors constructed of an impervious material which can26be easily cleaned.05101'97 4 1(ii) Good drainage.2(iii) Properly equipped steel tanks, and enclosed driers and3condensers, so that the escape of odors into the air is kept at4an acceptable level.5(c) The rendering of all dead animals shall be by a process6approved by the director.7(d) All processing of dead animals shall be done within the8facility.9(e) The facility shall be constructed in a location which10precludes the maintenance of a public or private nuisance so that11the facility does not interfere with the comfortable enjoyment of12life and property by the public.13(f) The floor space and equipment in a facility shall be14thoroughly washed and cleaned at the end of each day of15operation.16(g) An ample supply of hot water shall be available within17the facility for cleaning purposes.18(h) Sewers and drains shall be flushed and cleaned on a reg-19ular basis in order to insure proper drainage.20(i) All unloading platforms that extend out from main build-21ings shall be constructed to insure proper cleaning and22drainage.23(j) Effluent waste disposal from a facility shall be24approved by state and federal agencies responsible for monitoring25this type of waste disposal.26 (2) The department shall promulgate rules PURSUANT TO THE 27 ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL 24.201 TO 05101'97 5 1 24.328, regarding the construction and operation of a facility 2 licensed under this act, poultry composting structures, 3 COMPOSTING STRUCTURES, and vehicles used for the transportation 4 of dead animals. When the rules required under this subsection 5 are promulgated,subsections (1) and (3) doSUBSECTION (1) DOES 6 not apply. 7(3) Until the rules required under subsection (2) for poul-8try composting structures are promulgated, poultry composting9structures may operate, with the approval of the director and the10approval of the head of the poultry composting pilot research11project, as a participant in the department's poultry composting12pilot research project at Michigan state university in the col-13lege of agriculture and natural resources in the animal science14department.15 Sec. 19. (1) The director may inspect each facility and 16 vehicle licensed under this act, and each poultry composting 17 structure AND COMPOSTING STRUCTURE provided for under this act as 18 often as may be necessary to maintain the standardsset forth19 ADOPTED in this act or in the rules promulgated under this act. 20 (2) The director may suspend or revoke a license issued 21 under this act if a licensee violates this act or the rules 22 promulgated under this act.SuspensionTHE DIRECTOR SHALL CON- 23 DUCT SUSPENSION or revocation proceedingsshall be conducted24 pursuant to the administrative procedures act of 1969,Act25No. 306 of the Public Acts of 1969, as amended, being sections2624.201 to 24.328 of the Michigan Compiled Laws1969 PA 306, MCL 27 24.201 TO 24.328. 05101'97 6 1 Sec. 21. (1) Dead animals, except if contained in a drum, 2 barrel, or similar container, shall be transferred from 1 vehicle 3 to another only at a licensed facility. 4 (2) All dead animals, except as provided in subsection (3), 5 shall be disposed of within 24 hours after death by any of the 6 following methods: 7 (a) Burial not less than 2 feet below the natural surface of 8 the groundin accordance withACCORDING TO rules promulgated 9 under this act. 10 (b) Burning in a locationwhichTHAT will not annoy or 11 constitute a nuisance to the public in compliance with part 55 12(air pollution control)of the natural resources and environ- 13 mental protection act,Act No. 451 of the Public Acts of 1994,14being sections 324.5501 to 324.5542 of the Michigan Compiled15Laws1994 PA 451, MCL 324.5501 TO 324.5542. Residue from the 16 burning process shall be disposed of by burial as provided in 17 subdivision (a) or in a manner approved by the director. 18 (c) Processing at a poultry composting structure. 19 (D) PROCESSING AT A COMPOSTING STRUCTURE. 20 (E)(d)Procuring the services of a licensed dead animal 21 dealer. 22 (F)(e)Procuring the services of a licensed rendering 23 plant. 24 (G)(f)Procuring the services of a licensed animal food 25 manufacturing plant. 26 (3) The following dead animals are not subject to the 27 requirements of subsection (2): 05101'97 7 1 (a) Carcasses of small mammals, deer, and birds taken under 2 the authority of a damage and nuisance animal control permit 3 issued by the Michigan department of natural resources pursuant 4 to part 401(wildlife conservation) of Act No. 451 of the Public5Acts of 1994, being sections 324.40101 to 324.40119 of the6Michigan Compiled LawsOF THE NATURAL RESOURCES AND ENVIRONMEN- 7 TAL PROTECTION ACT, 1994 PA 451, MCL 324.40101 TO 324.40119. 8 (b) Small mammals, cervidae, and birds, that are road kill. 9 (c) Dead animals kept in secured temporary cold storage of 10 4.5 degrees Celsius, 40 degrees Fahrenheit, or below for a maxi- 11 mum of 7 days or frozen and securely stored at minus 11 degrees 12 Celsius, 0 degrees Fahrenheit, or below for a maximum of 30 13 days. 14 (d) Restaurant grease. 15 (E) DEAD ANIMALS USED AS SPECIMENS AT EDUCATIONAL 16 INSTITUTIONS. 17 Sec. 23. (1) Except when transported in a vehicle meeting 18 the requirements of rules promulgated under section 15, dead ani- 19 mals transported from a licensed facility to another licensed 20 facility for production into animal or pet food shall be dechar- 21 acterized or denatured,and the FACILITY SHALL LABEL THE con- 22 tainershall be labeledasanimal or pet foodINEDIBLE. The 23 label also shall state both of the following: 24 (a) In letters not less than 3 inches high, that the mate- 25 rial is not intended for human consumption. 26 (b) The name and address of the licensee. 05101'97 8 1 (2) A license holder shall take all reasonable precautions 2 to prevent the dead animals from being diverted for use as human 3 food. 4 (3) Unless licensed under this act, a person shall not 5 advertise involvement or participation in the business of trans- 6 porting and disposing of dead animals. 7 SEC. 28. (1) A PERSON AGGRIEVED BY AN ORDER ISSUED BY THE 8 DEPARTMENT UNDER THIS ACT MAY REQUEST AN ADMINISTRATIVE HEARING 9 PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 10 306, MCL 24.201 TO 24.328. 11 (2) AFTER NOTICE AND AN OPPORTUNITY FOR A HEARING AND UPON A 12 FINDING THAT A PERSON HAS VIOLATED A PROVISION OF THIS ACT, THE 13 DIRECTOR MAY IMPOSE AN ADMINISTRATIVE FINE OF NOT MORE THAT 14 $1,000.00 FOR EACH VIOLATION. IF THE DIRECTOR FINDS THAT A VIO- 15 LATION OCCURRED DESPITE THE EXERCISE OF DUE CARE OR IF THE VIOLA- 16 TION DID NOT RESULT IN SIGNIFICANT HARM TO HUMAN HEALTH OR TO THE 17 ENVIRONMENT, THE DIRECTOR MAY ISSUE A WARNING RATHER THAN AN 18 ADMINISTRATIVE FINE. 19 Sec. 29. (1) A person who violates this act or a rule 20 promulgated under this act is guilty of a misdemeanor punishable 21 by a fine of not less than $300.00 or imprisonment of not less 22 than 30 days, or both. 23 (2) A person who is convicted of violating this act or a 24 rule promulgated under this act 3 or more times is guilty of a 25 felony punishable by imprisonment for not more than 1 year or a 26 fine of not more than $2,000.00, or both. 05101'97 9 1 (3) Any person authorized by the director to enforce the 2 animal health laws of the state may issue an appearance ticket, 3 as described and authorized by sections 9a to 9g of chapter 4 of 4 the code of criminal procedure,Act No. 175 of the Public Acts5of 1927, being sections 764.9a to 764.9g of the Michigan Compiled6Laws1927 PA 175, MCL 764.9A TO 764.9G, for any violation of 7 this act. 8 (4) Notwithstanding the provisions of this act, the depart- 9 ment may bring an action IN A COURT OF COMPETENT JURISDICTION to 10 do 1 ormoreBOTH of the following: 11 (a) Obtain a declaratory judgment that a method, act, or 12 practice is a violation of this act or a rule promulgated under 13 this act. 14 (b) Obtain an injunction against a person who is engaging 15 IN, or IS about to engage,in, a method, act, or practice that 16 violates this act or a rule promulgated under this act. VENUE IN 17 AN ACTION BROUGHT UNDER THIS SUBDIVISION IS THE COUNTY IN WHICH 18 THE PERSON IS ENGAGING IN, OR IS ABOUT TO ENGAGE IN, THE METHOD, 19 ACT, OR PRACTICE. 20 (5) IN ADDITION TO THE OTHER ACTIONS PROVIDED FOR IN THIS 21 ACT, THE DIRECTOR MAY BRING A CIVIL ACTION IN A COURT OF COMPE- 22 TENT JURISDICTION THROUGH THE DEPARTMENT OF THE ATTORNEY GENERAL 23 FOR THE VIOLATION OF THIS ACT OR A RULE PROMULGATED UNDER THIS 24 ACT. IF THE COURT DETERMINES THAT A VIOLATION HAS OCCURRED, THE 25 COURT MAY IMPOSE A CIVIL FINE OF NOT MORE THAN $5,000.00 FOR EACH 26 VIOLATION. 05101'97 10 1 (6) THE DIRECTOR SHALL ADVISE THE DEPARTMENT OF THE ATTORNEY 2 GENERAL OF THE FAILURE OF A PERSON TO PAY AN ADMINISTRATIVE OR 3 CIVIL FINE IMPOSED UNDER THIS ACT. THE DEPARTMENT OF THE ATTOR- 4 NEY GENERAL SHALL BRING A CIVIL ACTION IN A COURT OF COMPETENT 5 JURISDICTION TO RECOVER THIS FINE. 6 (7) IN ADDITION TO ANY OTHER DEFENSE AVAILABLE UNDER LAW, A 7 PERSON MAY PRESENT AS A DEFENSE TO AN ADMINISTRATIVE OR CIVIL 8 ACTION BROUGHT UNDER THIS SECTION AND SECTION 28 EVIDENCE THAT AT 9 THE TIME OF THE ALLEGED VIOLATION HE OR SHE WAS IN COMPLIANCE 10 WITH THIS ACT AND RULES PROMULGATED UNDER THIS ACT. 11 (8) APPLICABLE PROVISIONS OF THE REVISED JUDICATURE ACT OF 12 1961, 1961 PA 236, MCL 600.101 TO 600.9948, APPLY TO CIVIL 13 ACTIONS BROUGHT UNDER THIS ACT. 05101'97 Final page. LBO