Bill Text: MI HB5598 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Agriculture; products; certain license fees for milk producers and processors; revise and clarify. Amends secs. 31 & 33 of 2001 PA 266 (MCL 288.501 & 288.503).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-11-18 - Printed Bill Filed 11/13/2009 [HB5598 Detail]
Download: Michigan-2009-HB5598-Introduced.html
HOUSE BILL No. 5598
November 12, 2009, Introduced by Rep. Cushingberry and referred to the Committee on Appropriations.
A bill to amend 2001 PA 266, entitled
"Grade A milk law of 2001,"
by amending sections 31 and 33 (MCL 288.501 and 288.503), section
31 as amended by 2008 PA 136.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 31. (1) An applicant for an initial license as a milk
plant shall apply to the department on a form supplied by the
department and provide a statement containing the following:
(a) The milk plant's correct legal name and any name by which
the milk plant is doing business. If the milk plant is a person not
an individual, the name of each officer and director, and partner,
member, or owner owning in excess of 35% of equity or stock.
(b) The location of the milk plant to which the statement
pertains and the name of the responsible person who may be
contacted at that location.
(c) The anticipated value of greatest milk receipts the milk
plant expects to receive during a consecutive 30-day period within
the licensing period.
(d) A list of producers, including names, mailing addresses,
and department producer permit number, with whom the milk plant
intends to do business except that not later than 90 days after
becoming licensed for the first time, the milk plant shall send an
updated list to the department.
(e) The name of the financial institution through which milk
checks are to be issued to producers.
(2) A milk plant shall annually renew a license issued under
this act by applying to the department at least 30 days prior to
the expiration of the existing license. The anniversary date of a
license for a milk plant that is providing a financial statement as
a security device is 130 days after the close of the licensee's
fiscal year. The milk plant shall apply for renewal of a license on
a form supplied by the department and provide a statement
containing the following:
(a) The milk plant's correct legal name and any name by which
the milk plant is doing business. If the milk plant is a person not
an individual, the name of each officer and director, and partner,
member, or owner owning in excess of 35% of equity or stock.
(b) The location of the milk plant to which the statement
pertains and the name of the responsible person who may be
contacted at that location.
(c) The greater of either the value of greatest milk receipts
that the milk plant received within a consecutive 30-day period
during its last license year or the greatest milk receipts that the
milk plant is anticipated to receive during a consecutive 30-day
period within the licensing period.
(d) A complete list of producers, including names, mailing
addresses, and department producers permit number, with whom the
milk plant is doing business.
(e) The name of the financial institution through which milk
checks are issued to producers.
(3) Each milk plant shall pay a $175.00 annual licensing or
permitting fee, and additionally, an annual fee of $5.00 for each
dairy farm whose milk is received at the milk plant, receiving
station, or transfer station, plus an additional $10.00 per farm
shipping to it if the milk plant, receiving station, or transfer
station operator does not maintain an adequate number of industry
personnel, as determined by the director, who are approved to
conduct certified industry farm inspections. The department shall
not levy this additional $10.00 per farm fee if a cooperative
association is conducting the certified industry farm program for
the
milk plant operator. The department shall only charge the dairy
farm
license fee to the producer if the producer is not assigned to
a
milk plant that pays the annual fee required by this subsection
for
the producer. Any such unassigned producer shall be charged a
handling
fee of $5.00 plus an additional $10.00 if certified
industry
farm inspectors are not assigned to the farm.
(4) Any fees, assessments, civil or administrative fines, and
money from any other source collected by the department under this
act shall be deposited into the dairy and food safety fund created
in section 4117 of the food law of 2000, MCL 289.4117.
(5) A milk plant operator shall submit detailed plans to the
department for approval before commencing new construction,
remodeling, and equipment changes. Plans for new construction or
remodeling shall include a plan that provides for operational or
physical isolation of the milk plant from sources of potential
product contamination caused by animal production facilities
located in close proximity to the milk plant. Retail or public
viewing areas shall be separated from processing areas by a solid
floor-to-ceiling partition, except that, as approved by the
director, other equally effective means of protection may be used.
(6) The department may impose a late fee of $10.00 for a
renewal application for each business day the application is late.
The total late fee shall not exceed $100.00. The department shall
not issue or renew a license until any fees and fines have been
paid. A hearing is not required regarding the department’s refusal
to issue or renew a license under this subsection except as allowed
under the administrative procedures act of 1969, 1969 PA 306, MCL
24.201 to 24.328. The department may charge a convenience fee and
collect from the applicants any additional costs associated with
the method of fee payment for the license or permit fees described
in this section and sections 32 and 33, not to exceed the costs to
the department.
Sec. 33. (1) Each receiving station or transfer station must
be licensed or permitted either as part of a milk plant or as a
stand-alone facility. Each stand-alone facility will be licensed or
permitted at a rate of $50.00 per year. License renewal shall take
place on June 30 every year.
(2) Each milk tank truck cleaning facility that cleans milk
contact surfaces of milk tank trucks used to haul milk or milk
products regulated under this act must be licensed or permitted
under this act either as part of a milk plant, receiving station,
or transfer station or a stand-alone milk tank truck cleaning
facility. A licensing or permitting fee shall not be charged under
this act for a milk tank truck cleaning facility that is a part of
a dairy plant, receiving station, or transfer station licensed or
permitted under the manufacturing milk law of 2001. Each stand-
alone facility will be licensed or permitted at a rate of $50.00
per year. License renewal shall take place on June 30 every year.
(3) Each milk transportation company must be licensed or
permitted under this act at a rate of $20.00 per year. License
renewal shall take place on June 30 every year.
(4) Each milk tank truck must be licensed or permitted under
this act at a rate of $10.00 per year. License renewal shall take
place on June 30 every year.
(5) Each distributor who is primarily engaged in the
distribution of finished grade A milk products must be licensed or
permitted under this act either as part of a milk plant or as a
stand-alone distributor. Each stand-alone distribution facility is
licensed at a rate of $50.00 per year. License renewal shall take
place on June 30 every year.
(6) Each single service containers and closures manufacturer
must be licensed or permitted under this act either as part of a
milk plant or as a stand-alone manufacturer. Each stand-alone
facility will be licensed at a rate of $50.00 per year. License
renewal shall take place on June 30 every year.
(7) A person shall not pick up grade A milk in a farm pickup
milk tank from a farm bulk milk tank without a hauler/sampler
license issued by the department under this section. Each applicant
for a license shall be examined by the director under the
provisions of this act to determine his or her qualifications to
evaluate milk in a farm bulk milk tank, to accurately measure milk
in a farm bulk milk tank, to obtain representative samples of milk
from a farm bulk milk tank, to properly handle and deliver the
samples, and to pick up milk. The license fee is $40.00 for 2
years. An initial license fee may be prorated in 6-month increments
at $10.00 per increment. A hauler/sampler licensed or permitted in
another state shall apply for a license from the department without
examination after submitting satisfactory proof of training and
current licensing in another state to the department with the
license fee and application, unless this requirement is waived by
the director based on reciprocal agreements with individual states.
The director may deny license renewal to any bulk milk
hauler/sampler if the bulk milk hauler/sampler has not had a
satisfactory evaluation of their hauler/sampler methods in the
previous 2 years. License renewal shall take place on June 30 every
2 years.
(8) Each dairy farm from which milk is sold or offered for
sale must be licensed or permitted as provided for under section 30
and pay a dairy inspection assessment fee of 1 cent per hundred
pounds of milk sold per year. The fee imposed in this subsection is
due on June 30 of each year.
