January 12, 2005, Introduced by Senator JELINEK and referred to the Committee on Agriculture, Forestry and Tourism.
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) "Animal" means mollusks, crustaceans, and
vertebrates other than human beings.
(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.
(3)
"Composting structure methods" means a structure
designed
and built procedures, processes, and protocols designed
for the sole purpose of composting organic material and dead
livestock and not poultry.
(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.
(5) "Dead animal dealer" means a person that procures and
transports dead animals to or from a facility licensed under this
act.
(6) "Decharacterize" means a procedure that renders dead
animals unfit for human consumption.
(7) "Denature" means a procedure that will impart 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.
(8) "Department" means the department of agriculture.
(9) "Director" means the director of the department of
agriculture or his or her authorized representative.
(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.
Sec. 4. (1) "Person" means an individual, partnership,
corporation, limited liability company, cooperative, association,
joint venture, or other legal entity, including, but not limited
to, 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 methods" means a
structure
designed and built procedures, processes, and protocols
designed for the sole purpose of composting organic material and
dead poultry.
(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.
(5) "Restaurant grease dealer" means a person who procures and
transports cooking grease wastes from a restaurant.
(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 construction and operation of a facility
licensed
under this act, poultry composting structures methods,
composting
structures methods, and vehicles used for the
transportation of dead animals. When the rules required under this
subsection are promulgated, subsection (1) does not apply.
Sec. 19. (1) The director may inspect each facility and
vehicle licensed under this act, and each location where poultry
composting
structure methods and composting structure provided
for
under this act methods occur 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 pursuant to the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328.
(3) The director may authorize alternative methods of
composting livestock or poultry for emergency, commercial,
research, or other applications.
(4) Carcasses resulting from mortality intrinsic to a
livestock and poultry 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 methods
and
poultry
composting structure methods and all rules applicable to
each of those methods as promulgated under this act.
(5)
A composting structure Composting
methods shall be used
to compost only the normal and natural daily mortality associated
with a livestock production unit under common ownership or
management. Any increase in mortality, due to any cause known or
unknown,
shall be reported to the director immediately, . No
and
any carcasses resulting from such an that
increase in 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 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 Poultry composting structure
methods.
(d)
Processing at a composting structure Composting methods.
(e) Procuring the services of a licensed dead animal dealer.
(f) Procuring the services of a licensed rendering plant.
(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 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.