SB-0002, As Passed Senate, June 22, 2005

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 2

     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 and livestock composting; to prescribe powers

and duties of certain state departments; to impose fees; to provide

for remedies and to prescribe penalties; and to repeal acts and

parts of acts,"

by amending sections 3, 4, 15, 19, and 21 (MCL 287.653, 287.654,

287.665, 287.669, and 287.671), sections 3, 15, 19, and 21 as

amended by 1998 PA 299 and section 4 as amended by 1993 PA 228.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 3. (1) "Active composting" means the accelerated

decomposition of organic materials leading primarily to the

production of carbon dioxide, water, heat, and compost.

     (2) "Aeration" or "aerate" means the introduction of air into

compost by using porous bulking agents, agitating, turning, mixing,

forcing air through open ended perforated pipes embedded in

compost, or other method provided for by rule.

     (3)  (1) "Animal" means mollusks, crustaceans, and

vertebrates other than human beings.

(4)  (2) "Animal food manufacturing plant" means an

establishment at which animal or pet food is produced through the

slaughtering, boning, grinding, cooking, canning, or freezing of

dead animals.

     (5) "Batch" means compost accumulated in a planned period of

time.

     (6) "Biofilter cap" means a layer of fresh bulking agent

placed over a pile.

     (7) "Bulking agent" means a material added to compost to

provide nutrients, decrease bulk density, promote aeration, and

remove heat.

     (8) "Compost leachate" means any liquid leaving compost by

running off of the surface of the pile or flowing downward through

the pores of the pile.

(9)  (3) "Composting structure" means a structure designed

and built for the sole purpose of composting organic material and

dead  livestock and not poultry  animals.

     (10) "Curing" means the period of time after active composting

when further decomposition occurs at a slow rate.

(11)  (4) "Dead animals" means restaurant grease and the

bodies, any part of the bodies, or any material produced from the

bodies of animals  which that have been slaughtered or have died

from any other cause and are not intended for human food. Dead

animals do not include a finished product  which that has been

processed by an approved method.

(12)  (5) "Dead animal dealer" means a person that procures

and transports dead animals to or from a facility licensed under

this act.

(13)  (6) "Decharacterize" means a procedure that renders

dead animals unfit for human consumption.

(14)  (7) "Denature" means a procedure that will impart

imparts a distinctive color, odor, or taste to dead animals so that

the bodies are unfit for human consumption or cannot be used for

animal or pet food unless properly rendered.

(15)  (8) "Department" means the department of agriculture.

(16)  (9) "Director" means the director of the department of

agriculture or his or her authorized representative.

     (17) "Effluent" means any liquid leaving compost by running

off the surface of the pile and flowing downward through the pores

of the pile.

(18)  (10) "Facility" means any of the following:

     (a) An animal food manufacturing plant.

     (b) A rendering plant.

     (c) A transfer station.

     (11) "Livestock" means any species of animal used for human

food or fiber or those species used for service to humans.

Livestock includes, but is not limited to, cattle, sheep, new world

camelids, bison, captive cervidae, ratites, swine, equine,

aquaculture species, and rabbits.

     (19) "Fresh" means bulking agents of plant origin that have

not been mixed with any animal tissue, product, or excrement and

have limited odor-producing potential.

     Sec. 4. (1) "Grinding" means the mechanical reduction of

intact or whole animal tissues into smaller pieces.

     (2) "Groundwater" means that term as defined in section 8303

of the natural resources and environmental protection act, 1994 PA

451, MCL 324.8303.

     (3) "Normal natural daily mortality" means dead animals

generated as a result of the ordinary death loss or tissue by-

product accumulations associated with or as a result of the day-to-

day operations of raising, keeping, and harvesting animals.

(4)  (1) "Person" means an individual, partnership,

corporation, limited liability company, cooperative, association,

joint venture, or other legal entity  including, but not limited

to,  or 2 or more entities in contractual relationships.

     (2) "Poultry" means chickens, guinea fowl, turkeys, water

fowl, pigeons, doves, and game birds that are propagated and

maintained under the control of a person.

     (3) "Poultry composting structure " means a structure designed

and built for the sole purpose of composting organic material and

dead poultry.

     (5) "Pile" means the mass or mound of compost within the forms

of an open-pile, contained-pile within bin, or open-windrow.

(6)  (4) "Rendering plant" means an establishment for the

reduction by cooking or processing of dead animals to tallow and

meat scrap, cracklings, or other items unfit for human consumption.

(7)  (5) "Restaurant grease dealer" means a person who

procures and transports cooking grease wastes from a restaurant.

     (8) "Static" means a compost pile that is left to stand

motionless or idle and does not include a rotating drum in-vessel

compost digester.

(9)  (6) "Transfer station" means an establishment for the

collection of dead animals that are to be transported to a facility

licensed either under this act or the Michigan commercial feed law,

Act No. 120 of the Public Acts of 1975, as amended, being sections

287.521 to 287.535 of the Michigan Compiled Laws 1975 PA 120, MCL

287.521 to 287.535.

     Sec. 15.  (1) Until rules are promulgated under subsection

(2), a composting structure shall follow the standards contained in

Michigan state university extension staff paper ANS-MIMEO #369,

File No. 19.42, dated March 1998, which is incorporated by

reference. (2) The department shall promulgate rules pursuant to

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

to 24.328, regarding the following:

     (a) The construction and operation of a facility licensed

under this act.  , poultry composting structures, composting

structures, and vehicles

     (b) Vehicles used for the transportation of dead animals. When

the rules required under this subsection are promulgated,

subsection (1) does not apply.

     (c) Methodology for active composting to include, but not be

limited to, methodology regarding passively aerated static piles,

mechanically or forced aerated static piles, windrow piles, and

contained or in-vessel systems.

     (d) Conditions for active composting to include, but not be

limited to, recommended conditions regarding moisture content,

carbon-to-nitrogen ratio, bulking agent particle size, animal

tissue density, composting density, temperature ranges, and pH

ranges.

     (e) Parameters regarding grinding, including, but not limited

to, pile form and shape, pile slumping, and the presence of large

intact bones after composting.

     (f) Methods for effluent containment and prevention of its

movement into groundwater and surface water.

     (g) The accommodation of normal natural daily mortality and

system capacity for accommodation of both active composting and

curing.

     (h) Control of odor and pest or vermin infestation of piles

with biofilter caps or as otherwise provided by rule.

     (i) The generation of adequate records involving composting.

     (j) A system of annual nutrient-content analysis.

     (k) The final disposition of finished compost.

     Sec. 19. (1) The director may inspect each facility and

vehicle licensed under this act, and each poultry composting

structure and composting structure provided for under this act

location where composting of dead animals occurs as often as  may

be  necessary to maintain the standards adopted in this act or in

the rules promulgated under this act.

     (2) The director may suspend or revoke a license issued under

this act if a licensee violates this act or the rules promulgated

under this act. The director shall conduct suspension or revocation

proceedings  administrative hearings pursuant to the administrative

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

     (3) The director may authorize by rule alternative methods of

composting livestock or poultry  of dead animals for emergency,

commercial, research, or other applications.

     (4) Carcasses  Dead animals resulting from normal natural

daily mortality intrinsic to a livestock and poultry  an animal

operation under common ownership or management may be composted  in

a structure  together  provided such structure meets if the

methods comply with the requirements of this act relative to both a

composting structure and poultry composting structure and all

rules applicable to each  those methods as promulgated under  this

act section 15.

     (5)  A composting structure Composting methods shall be used

to compost only the normal  and natural daily mortality associated

with a  livestock  animal production unit under common ownership or

management. Any increase in normal natural daily mortality, due to

any cause known or unknown, shall be reported to the director

immediately, . No carcasses  and any dead animals resulting from

such an that increase in normal natural daily mortality shall not

be  added to the composting structure composted without permission

of the director.

     Sec. 21. (1) Dead animals, except if contained in a drum,

barrel, or similar container, shall be transferred from 1 vehicle

to another only at a licensed facility.

     (2) All dead animals, except as provided in subsection (3),

shall be disposed of within 24 hours after death by any of the

following:  methods:

     (a) Burial not less than 2 feet below the natural surface of

the ground according to rules promulgated under this act.

     (b) Burning in  a location that will not annoy or constitute a

nuisance to the public in compliance  an appropriate licensed or

permitted incinerator in compliance with part 55 of the natural

resources and environmental protection act, 1994 PA 451, MCL

324.5501 to 324.5542. Residue from the burning process shall be

disposed of by burial as provided in subdivision (a) or in a manner

approved by the director.

     (c)  Processing at a poultry composting structure  Composting

methods.

     (d) Processing at a composting structure.

(d)  (e) Procuring the services of a licensed dead animal

dealer.

(e)  (f) Procuring the services of a licensed rendering

plant.

(f)  (g) Procuring the services of a licensed animal food

manufacturing plant.

     (3) The following dead animals are not subject to the

requirements of subsection (2):

     (a) Carcasses of small  Small mammals, deer, and birds taken

under the authority of a damage and nuisance animal control permit

issued by the Michigan department of natural resources pursuant to

part 401 of the natural resources and environmental protection act,

1994 PA 451, MCL 324.40101 to 324.40119.

     (b) Small mammals, cervidae, and birds, that are road kill.

     (c) Dead animals kept in secured temporary cold storage of 4.5

degrees Celsius, 40 degrees Fahrenheit, or below for a maximum of 7

days or frozen and securely stored at minus 11 degrees Celsius, 0

degrees Fahrenheit, or below for a maximum of 30 days.

     (d) Restaurant grease.

     (e) Dead animals used as specimens at educational

institutions.