reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 547 of 2014 - Industrial Hemp Research and Development Act (286.841 - 286.859) › Section 286.849 - Notification of Denial of Registration or License; Appeal; Hearing.

286.849 Notification of denial of registration or license; appeal; hearing.
Sec. 9.
(1) If the department denies a registration or license application under this act, the department shall notify the applicant of the denial in writing by letter or electronic mail.
(2) An applicant may appeal a denial of his or her registration or license application by submitting to the department a written request for a hearing. The applicant shall submit the request to the department not more than 15 days after the date of the denial.
(3) The department shall conduct a hearing requested under this section in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
History:
Add. 2018, Act 641, Eff. Jan. 15, 2019
Compiler's Notes:
For the transfer of all authorities, powers, duties, functions, and responsibilities of the department of agriculture and rural development to license and regulate process handlers to the cannabis regulatory agency formerly known as the marijuana regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 547 of 2014 - Industrial Hemp Research and Development Act (286.841 - 286.859) › Section 286.851 - Duties and Responsibilities of a Processor-Handler; Prohibited Conduct.

286.851 Duties and responsibilities of a processor-handler; prohibited conduct.
Sec. 11.
(1) A processor-handler consents to all of the following:
(a) Entry onto, and inspection of, all premises by the department or law enforcement agencies, with or without cause, and with or without advance notice, where industrial hemp or industrial hemp processing equipment or materials are located or to be located.
(b) Collection by the department of samples of cannabis material in possession of the processor-handler at any time.
(c) Forfeiture and destruction of any of the following, without compensation:
(i) Cannabis found to have a measured delta-9-THC content greater than 0.3% on a dry weight basis.
(ii) Industrial hemp that is processed, handled, stored, or brokered in a manner that violates this act.
(iii) Live industrial hemp plants unless the processor-handler is also registered as a grower.
(d) The risk of financial or other loss under this act is borne solely by the processor-handler.
(2) A processor-handler shall not sell or transport, or permit the sale or transport of, viable industrial hemp seeds, industrial hemp leaf material, or industrial hemp floral material to a location not listed in his or her current license or to a person in this state who is not a registered grower or licensed processor-handler.
(3) Upon request from the department or a law enforcement agency, a processor-handler shall immediately produce a copy of his or her license for inspection.
(4) A processor-handler may transfer up to 2-1/2 ounces of industrial hemp per transfer to a testing facility for the purpose of measuring THC, cannabidiol, or other phytocannabinoid levels.
History:
Add. 2018, Act 641, Eff. Jan. 15, 2019
Compiler's Notes:
Former MCL 286.851, which pertained to short title, was repealed by Act 451 of 1994, Eff. Mar. 30, 1995.For the transfer of all authorities, powers, duties, functions, and responsibilities of the department of agriculture and rural development to license and regulate process handlers to the cannabis regulatory agency formerly known as the marijuana regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 547 of 2014 - Industrial Hemp Research and Development Act (286.841 - 286.859) › Section 286.852 - Conditions for Suspension of Registration or License; Notification of Suspension; Cease of Activities.

286.852 Conditions for suspension of registration or license; notification of suspension; cease of activities.
Sec. 12.
(1) If any of the following allegations are made concerning a registered grower or licensed processor-handler, the department shall suspend his or her registration or license for not more than 60 days:
(a) The registered grower or licensed processor-handler intentionally grew or was in possession of cannabis with a delta-9-THC content greater than 0.3% on a dry weight basis.
(b) The registered grower or licensed processor-handler violated a provision of this act.
(c) The registered grower or licensed processor-handler made a false statement, as determined by the department, to the department or a law enforcement agency.
(d) The registered grower or licensed processor-handler failed to comply with an instruction or order from the department or a law enforcement agency.
(2) If the department suspends a registration or license, the department shall notify the registered grower or licensed processor-handler in writing that his or her registration or license has been suspended.
(3) A person whose grower registration has been suspended under this section shall not harvest or remove industrial hemp from the premises where industrial hemp was located at the time the department issued its notice of suspension, except as authorized in writing by the department.
(4) A person whose processor-handler license has been suspended under this section shall not process or remove industrial hemp from the premises where industrial hemp was located at the time the department issued its notice of suspension, except as authorized in writing by the department.
History:
Add. 2018, Act 641, Eff. Jan. 15, 2019
Compiler's Notes:
Former MCL 286.852, which pertained to meanings of words and phrases, was repealed by Act 451 of 1994, Eff. Mar. 30, 1995.For the transfer of all authorities, powers, duties, functions, and responsibilities of the department of agriculture and rural development to license and regulate process handlers to the cannabis regulatory agency formerly known as the marijuana regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 547 of 2014 - Industrial Hemp Research and Development Act (286.841 - 286.859) › Section 286.853 - Revocation of Registration or License; Hearing to Appeal; Preponderance of Evidence; Destruction or Confiscation of All Cannabis Upon Revocation; Lifting of Suspension.

286.853 Revocation of registration or license; hearing to appeal; preponderance of evidence; destruction or confiscation of all cannabis upon revocation; lifting of suspension.
Sec. 13.
(1) The department shall not permanently revoke a registration or license suspended under section 12 unless the department has notified the registered grower or licensed processor-handler of the allegation against him or her and given the registered grower or licensed processor-handler an opportunity for a hearing to appeal the revocation.
(2) The department shall schedule a registration or license revocation hearing for a date as soon as practicable that is not more than 60 days after the date of notification of a registration or license suspension.
(3) The department shall conduct the hearing required under this section in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(4) If the director finds by a preponderance of the evidence that an allegation under section 12(1) concerning the person subject to the registration or license revocation hearing is true, the director shall revoke the registration or license effective immediately and the department or a law enforcement agency shall order destroyed, or confiscate, all cannabis that is in the person's possession.
(5) The department or a law enforcement agency shall not owe compensation or indemnity for the value of the cannabis that is destroyed or confiscated under this section.
(6) A person whose registration or license has been revoked is barred from participation in the program in any capacity for a minimum of 5 years from the date on which the registration or license was revoked.
(7) If the director does not find by a preponderance of the evidence that an allegation under section 12(1) concerning the person subject to a registration or license revocation hearing is true, the department shall lift the suspension imposed under section 12 within 24 hours.
History:
Add. 2018, Act 641, Eff. Jan. 15, 2019
Compiler's Notes:
Former MCL 286.853, which pertained to definitions, was repealed by Act 451 of 1994, Eff. Mar. 30, 1995.For the transfer of all authorities, powers, duties, functions, and responsibilities of the department of agriculture and rural development to license and regulate process handlers to the cannabis regulatory agency formerly known as the marijuana regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 547 of 2014 - Industrial Hemp Research and Development Act (286.841 - 286.859) › Section 286.854 - Testing Required Before Harvesting or Destroying an Industrial Hemp Crop; Failure to Comply; Certified Report of Testing Results; Rules; Falsified Sample; Felony; Penalties.

286.854 Testing required before harvesting or destroying an industrial hemp crop; failure to comply; certified report of testing results; rules; falsified sample; felony; penalties.
Sec. 14.
(1) A grower that intends to harvest or destroy an industrial hemp crop shall schedule a test of a sample of the crop by a testing facility, and the testing facility shall test the sample not less than 15 days before the intended harvest or destruction date.
(2) A grower who harvests or destroys a crop before receiving the results of testing under this section is subject to suspension and revocation of his or her registration.
(3) The testing facility shall measure the THC concentration of each sample collected under this section. The following apply to the THC test results:
(a) If the result of the THC test indicates a delta-9-THC concentration of less than 0.3% on a dry weight basis, the testing facility shall provide to the grower and to the department a certified report stating that result.
(b) If the result of the THC test indicates a delta-9-THC concentration that is equal to or greater than 0.3% on a dry weight basis, the grower may destroy the crop or repeat the testing an additional 2 times. The testing facility shall provide to the grower and to the department a certified report stating the result of each test performed under this subdivision.
(c) If a third THC test under this subsection indicates a delta-9-THC concentration that is equal to or greater than 0.3%, the testing facility shall provide to the grower and to the department a certified report stating that result and the department or a law enforcement agency shall order destroyed, or confiscate, all cannabis that is in the grower's possession.
(4) The department shall establish rules for testing under this section in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(5) An individual who allows a falsified sample of an industrial hemp crop to be taken by a testing facility under this section is guilty of a felony and shall be imprisoned for not less than 1 year or more than 2 years and shall be fined $5,000.00.
History:
Add. 2018, Act 641, Eff. Jan. 15, 2019
Compiler's Notes:
Former MCL 286.854, which pertained to definitions, was repealed by Act 451 of 1994, Eff. Mar. 30, 1995.For the transfer of all authorities, powers, duties, functions, and responsibilities of the department of agriculture and rural development to license and regulate process handlers to the cannabis regulatory agency formerly known as the marijuana regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 547 of 2014 - Industrial Hemp Research and Development Act (286.841 - 286.859) › Section 286.855 - Modification or Alteration of Site; Request Form; Fee; Written Approval.

286.855 Modification or alteration of site; request form; fee; written approval.
Sec. 15.
(1) Before implementing an alteration to a site listed in a grower's registration, the grower shall submit a site modification request form, as prescribed by the department, and the required fee, as provided in section 16, based on the number of requested alterations and obtain written approval from the department.
(2) The department shall not approve a site modification request under this section unless the grower has paid the site modification fee in full.
History:
Add. 2018, Act 641, Eff. Jan. 15, 2019
Compiler's Notes:
Former MCL 286.855, which pertained to definitions, was repealed by Act 451 of 1994, Eff. Mar. 30, 1995.For the transfer of all authorities, powers, duties, functions, and responsibilities of the department of agriculture and rural development to license and regulate process handlers to the cannabis regulatory agency formerly known as the marijuana regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 547 of 2014 - Industrial Hemp Research and Development Act (286.841 - 286.859) › Section 286.856 - Fees.

286.856 Fees.
Sec. 16.
(1) An applicant for a grower registration or processor-handler license, or a registered grower or licensed processor-handler, under this act is subject to the following fees, as applicable:
(a) A grower registration fee of $100.00.
(b) A processor-handler license application fee of $1,350.00.
(c) A site modification fee of $50.00 for each alteration to a site listed in a grower registration after the registration has been issued.
(2) All fees under this act shall be paid with a check or money order payable to the department within 15 days of invoice.
(3) A fee required under this section is nonrefundable.
History:
Add. 2018, Act 641, Eff. Jan. 15, 2019
Compiler's Notes:
Former MCL 286.856, which pertained to definitions, was repealed by Act 451 of 1994, Eff. Mar. 30, 1995.For the transfer of all authorities, powers, duties, functions, and responsibilities of the department of agriculture and rural development to license and regulate process handlers to the cannabis regulatory agency formerly known as the marijuana regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 547 of 2014 - Industrial Hemp Research and Development Act (286.841 - 286.859) › Section 286.857 - Violation of Act or Rules; Administrative Fines.

286.857 Violation of act or rules; administrative fines.
Sec. 17.
(1) A person who individually, or by the action of his or her agent or employee, or as the agent or employee of another, violates this act or a rule promulgated under this act is subject to an administrative fine. Upon the request of a person to whom an administrative fine is issued, the director shall conduct a hearing in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. The department shall impose a fine authorized by this section as follows:
(a) For a first violation, not less than $100.00 or more than $500.00, plus actual costs of the investigation and double the amount of any economic benefit associated with the violation.
(b) For a second violation within 5 years after the first violation, not less than $500.00 or more than $1,000.00, plus actual costs of the investigation and double the amount of any economic benefit associated with the violation.
(c) For a third or subsequent violation within 5 years after the date of the first violation, not less than $1,000.00 or more than $2,000.00, plus actual costs of the investigation and double the amount of any economic benefit associated with the violation.
(2) A decision of the director under this section is subject to judicial review as provided by law.
(3) The director shall advise the attorney general of the failure of any person to pay an administrative fine imposed under this section. The attorney general shall bring an action in a court of competent jurisdiction to recover the fine.
(4) Any administrative fine, investigation costs, or recovery of economic benefit associated with a violation that is collected under this section shall be paid to the state treasury and deposited into the licensing and registration fund.
History:
Add. 2018, Act 641, Eff. Jan. 15, 2019
Compiler's Notes:
Former MCL 286.857, which pertained to groundwater stewardship practices, was repealed by Act 451 of 1994, Eff. Mar. 30, 1995.For the transfer of all authorities, powers, duties, functions, and responsibilities of the department of agriculture and rural development to license and regulate process handlers to the cannabis regulatory agency formerly known as the marijuana regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 547 of 2014 - Industrial Hemp Research and Development Act (286.841 - 286.859) › Section 286.858 - Rules; Implementation of Act.

286.858 Rules; implementation of act.
Sec. 18.
The department shall establish rules for the implementation of this act in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
History:
Add. 2018, Act 641, Eff. Jan. 15, 2019
Compiler's Notes:
Former MCL 286.858, which pertained to groundwater advisory council, was repealed by Act 451 of 1994, Eff. Mar. 30, 1995.For the transfer of all authorities, powers, duties, functions, and responsibilities of the department of agriculture and rural development to license and regulate process handlers to the cannabis regulatory agency formerly known as the marijuana regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 547 of 2014 - Industrial Hemp Research and Development Act (286.841 - 286.859) › Section 286.859 - Preemption.

286.859 Preemption.
Sec. 19.
A political subdivision of this state shall not adopt any rule, regulation, code, or ordinance to restrict or limit any requirements under this act relating to industrial hemp. This act supersedes and preempts any rule, regulation, code, or ordinance of any political subdivision of this state relating to industrial hemp.
History:
Add. 2018, Act 641, Eff. Jan. 15, 2019
Compiler's Notes:
Former MCL 286.859, which pertained to groundwater stewardship teams, was repealed by Act 451 of 1994, Eff. Mar. 30, 1995.For the transfer of all authorities, powers, duties, functions, and responsibilities of the department of agriculture and rural development to license and regulate process handlers to the cannabis regulatory agency formerly known as the marijuana regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Repealed - Act 247 of 1993 - Groundwater and Freshwater Protection Act (286.851 - 286.868)

GROUNDWATER AND FRESHWATER PROTECTION ACT
Act 247 of 1993
286.851-286.868 Repealed. 1994, Act 451, Eff. Mar. 30, 1995.
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 199 of 1996 - Michigan Aquaculture Development Act (286.871 - 286.884) › Section 286.871 - Short Title.

286.871 Short title.
Sec. 1.
This act shall be known and may be cited as the "Michigan aquaculture development act".
History:
1996, Act 199, Eff. Aug. 16, 1996
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 199 of 1996 - Michigan Aquaculture Development Act (286.871 - 286.884) › Section 286.873 - Administration of Act; Assistance by Department.

286.873 Administration of act; assistance by department.
Sec. 3.
(1) The department shall administer this act.
(2) The department may conduct activities designed to develop and assist the aquaculture industry in the manner provided for by law.
History:
1996, Act 199, Eff. Aug. 16, 1996
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 199 of 1996 - Michigan Aquaculture Development Act (286.871 - 286.884) › Section 286.876 - Registration Required; Exceptions; Records; Documentation.

286.876 Registration required; exceptions; records; documentation.
Sec. 6.
(1) A person shall not engage in aquaculture unless he or she obtains a registration from the department as an aquaculture facility, obtains an aquaculture research permit, or unless otherwise exempt by rule or law. If the activity in which the aquaculture facility is engaged is required to be regulated under any act, registration under this act does not exempt the person or aquaculture facility from requirements imposed under any local, state, or federal regulation.
(2) The following are exempt from registration as an aquaculture facility:
(a) Retail bait outlets.
(b) Retail ornamental fish facilities.
(c) Persons using privately controlled waters for noncommercial purposes.
(d) Public aquariums or zoos.
(e) Portable retail fishing concessions.
(3) A person registered or permitted under this act shall keep and maintain records of production, purchases, or imports in order to establish proof of ownership. A person transporting aquaculture species shall produce documentation that contains the origin of shipment, registration or permit copies or documentation, documentation demonstrating shipping destination, and any other proof that may be required under the animal industry act of 1987, Act No. 466 of the Public Acts of 1988, being sections 287.701 to 287.747 of the Michigan Compiled Laws, upon demand of the director or a law enforcement officer.
(4) An aquaculture facility in existence before January 1, 1997 is required to obtain a registration or permit, or both, if applicable, by January 1, 1999 in order to continue to engage in aquaculture. Any person engaging in aquaculture beginning on or after January 1, 1997 is required to obtain a registration or permit under this act, or both, if applicable, in order to engage in aquaculture.
History:
1996, Act 199, Eff. Aug. 16, 1996
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 199 of 1996 - Michigan Aquaculture Development Act (286.871 - 286.884) › Section 286.878 - Research of Aquaculture Species Not on Approved List; Research Permit; Approval of Protocol.

286.878 Research of aquaculture species not on approved list; research permit; approval of protocol.
Sec. 8.
(1) Research of an aquaculture species not on the approved list is allowed and shall be conducted pursuant to an aquaculture research permit in a confinement research facility.
(2) A person who holds an aquaculture research permit shall not import aquaculture species that are the subject of the research unless he or she complies with the animal industry act of 1987, Act No. 466 of the Public Acts of 1988, being sections 287.701 to 287.747 of the Michigan Compiled Laws.
(3) The director shall approve the protocol of the aquaculture species, including disposition, for the proposed research period. The applicant for the aquaculture research permit shall submit the protocol to the department with the initial or renewal aquaculture research permit application.
History:
1996, Act 199, Eff. Aug. 16, 1996
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 199 of 1996 - Michigan Aquaculture Development Act (286.871 - 286.884) › Section 286.879 - Inspection of Facilities by Department; Access; Conduct; Conditions.

286.879 Inspection of facilities by department; access; conduct; conditions.
Sec. 9.
(1) The department or its duly authorized agent shall have free access at all reasonable hours to any aquaculture facility or confinement research facility to inspect and to determine if this act is being violated and to secure samples or specimens of any aquaculture species after paying or offering to pay fair market value for such sample or specimen. An inspection shall be conducted under generally recognized practices designed not to jeopardize the health of the aquaculture species.
(2) The director may periodically inspect a registered aquaculture facility and a permitted confinement research facility for the following:
(a) For registered and permitted facilities, confirmation that there are in place procedures or barriers designed to prevent the escape of aquaculture species into waters of the state and confirmation of compliance with other requirements as set forth in this act or as required by law.
(b) For registered facilities, confirmation that the aquaculture species are on the approved list.
(c) For permitted facilities, confirmation that the facility is following approved protocols and all specimens are accounted for.
History:
1996, Act 199, Eff. Aug. 16, 1996
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 199 of 1996 - Michigan Aquaculture Development Act (286.871 - 286.884) › Section 286.880 - Prohibited Conduct.

286.880 Prohibited conduct.
Sec. 10.
A person shall not knowingly provide false information in a matter pertaining to this act and shall not resist, impede, or hinder the director in the discharge of his or her duties under this act.
History:
1996, Act 199, Eff. Aug. 16, 1996
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 199 of 1996 - Michigan Aquaculture Development Act (286.871 - 286.884) › Section 286.881 - Failure to Comply With Act or Rules; Authority of Department to Deny, Suspend, Revoke, or Limit Registration or Permit; Conduct of Proceeding.

286.881 Failure to comply with act or rules; authority of department to deny, suspend, revoke, or limit registration or permit; conduct of proceeding.
Sec. 11.
(1) The department may deny, suspend, revoke, or limit a registration or permit if an applicant, registrant, or permittee fails to comply with or violates this act or rules promulgated under this act.
(2) A proceeding relative to the suspension or revocation of a registration or permit shall be conducted pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws.
History:
1996, Act 199, Eff. Aug. 16, 1996
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 199 of 1996 - Michigan Aquaculture Development Act (286.871 - 286.884) › Section 286.882 - Rules.

286.882 Rules.
Sec. 12.
The director may promulgate rules he or she considers necessary to implement and enforce this act, pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws.
History:
1996, Act 199, Eff. Aug. 16, 1996
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 199 of 1996 - Michigan Aquaculture Development Act (286.871 - 286.884) › Section 286.883 - Violation as Misdemeanor; Penalty; Costs; Attorney Fees; Authority of Director; Actions Brought by Attorney General or Director.

286.883 Violation as misdemeanor; penalty; costs; attorney fees; authority of director; actions brought by attorney general or director.
Sec. 13.
(1) A person who violates this act or a rule promulgated under this act is guilty of a misdemeanor punishable by a fine of not less than $300.00 or imprisonment for not less than 30 days, or both.
(2) The court may allow the department to recover reasonable costs and attorney fees incurred in a prosecution resulting in a conviction for a violation of subsection (1).
(3) The director, upon finding that a person has violated any provisions of this act or a rule promulgated under this act, may do any of the following:
(a) Issue a warning.
(b) Impose an administrative fine of not more than $1,000.00 for each violation after notice and an opportunity for a hearing. A person aggrieved by an administrative fine issued under this section may request a hearing pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws.
(c) Issue an appearance ticket as described and authorized by sections 9a to 9g of chapter 4 of the code of criminal procedure, Act No. 175 of the Public Acts of 1927, being sections 764.9a to 764.9g of the Michigan Compiled Laws.
(4) The director shall advise the attorney general of the failure of any person to pay an administrative fine imposed under this section. The attorney general shall bring a civil action in a court of competent jurisdiction to recover the fine. Civil penalties collected shall be paid to the general fund.
(5) Notwithstanding any other provisions of this act, the director may bring an action to do either or both of the following:
(a) Obtain a declaratory judgment that a method, activity, or practice is a violation of this act.
(b) Obtain an injunction against a person who is engaging in a method, activity, or practice that violates this act.
History:
1996, Act 199, Eff. Aug. 16, 1996
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 199 of 1996 - Michigan Aquaculture Development Act (286.871 - 286.884) › Section 286.884 - Effective Date.

286.884 Effective date.
Sec. 14.
This act shall take effect 90 days after the date of its enactment.
History:
1996, Act 199, Eff. Aug. 16, 1996
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 316 of 2000 - Michigan Organic Products Act (286.901 - 286.931) › Section 286.901 - Short Title.

286.901 Short title.
Sec. 1.
This act shall be known and may be cited as the "Michigan organic products act".
History:
2000, Act 316, Eff. Oct. 1, 2001
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 316 of 2000 - Michigan Organic Products Act (286.901 - 286.931) › Section 286.903 - Definitions; a to D.

286.903 Definitions; A to D.
Sec. 3.
As used in this act:
(a) "Agricultural product" means any agricultural commodity or product, whether raw or processed, including any commodity or product derived from livestock that is marketed for human or livestock use or consumption.
(b) "Certification" or "certified" means a determination made by a registered certifying agent that an agricultural product has been produced and handled in compliance with the Michigan organic standards.
(c) "Certifying agent" means an entity registered by the department that certifies production or handling operations or portions of production or handling operations as meeting the Michigan organic standards.
(d) "Commingling" means the mixing together of or physical contact between unpackaged organic products and nonorganic agricultural products during production or handling.
(e) "Crop" means a plant or part of a plant marketed or intended to be marketed as an agricultural product or fed or intended to be fed to livestock.
(f) "Department" means the Michigan department of agriculture.
(g) "Director" means the director of the department or his or her designee.
History:
2000, Act 316, Eff. Oct. 1, 2001
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 316 of 2000 - Michigan Organic Products Act (286.901 - 286.931) › Section 286.905 - Definitions; G to L.

286.905 Definitions; G to L.
Sec. 5.
As used in this act:
(a) "Genetically modified organism" means substances or their derivatives created by genetic engineering techniques that alter the molecular or cell biology of an organism by means that are not possible under natural conditions or processes. Genetic engineering includes, but is not limited to, recombinant DNA techniques, cell fusion, micro- and macro-encapsulation, gene deletion and doubling, introducing foreign genes, and changing the positions of genes. Genetic engineering does not include breeding, conjugation, fermentation, hybridization, in-vitro fertilization, or tissue culture.
(b) "Handle" means to sell, process, or package agricultural products.
(c) "Handler" means any person engaged in the business of handling agricultural products as organic products including producers who handle crops or livestock of their own production.
(d) "Handling operation" means any operation or portion of an operation that sells, transports, receives, or otherwise acquires agricultural products as organic products and processes, packages, or stores such organic products.
(e) "Ionizing radiation" means gamma-ray emissions from radioactive isotopes such as cobalt-60 or cesium-137; x-rays; electron beams; or any other radiation capable of altering a food's molecular structure, used for purposes that include, but are not limited to, controlling microbes, pathogens, parasites, and pests in food, preserving a food, or inhibiting physiological processes such as sprouting or ripening.
(f) "Labeling" means all labels and other written, printed, or graphic matter upon an article or any of its containers or wrappers or accompanying the article.
(g) "Livestock" means any cattle, sheep, goat, swine, poultry, captive cervidae, ratites, or equine animals used for food, fiber, feed, or other agricultural based consumer products, wild or domesticated game, or other nonplant life including fish or bees.
History:
2000, Act 316, Eff. Oct. 1, 2001
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 316 of 2000 - Michigan Organic Products Act (286.901 - 286.931) › Section 286.907 - Definitions; M to P.

286.907 Definitions; M to P.
Sec. 7.
As used in this act:
(a) "Michigan organic standards" means those organic production and handling standards defined by this act, rules adopted under this act, or both, that are designed to combine organic production or handling practices and an audit trail that will ensure the integrity of organic products from the producer to the consumer.
(b) "Organic" means a labeling term referring to an agricultural product produced in accordance with the standards described in this act, rules adopted under this act, or both.
(c) "Organic advisory committee" means the committee created under section 25.
(d) "Organic agriculture" means an agricultural management system that enhances biodiversity, biological cycles, and soil biological activity to produce healthy plants and animals and fosters human and environmental health. Organic agriculture does not include the use of synthetic chemicals, genetically modified organisms, sewage sludge, and ionizing radiation, or any combination of those substances.
(e) "Organic plan" means a plan of management of an organic production or handling operation that has been agreed to by the producer or handler and the certifying agent and that includes written plans concerning all aspects of agricultural production and handling as described in this act, rules adopted under this act, or both.
(f) "Organic product" means agricultural products including, but not limited to, crops, livestock, livestock products, or other agricultural products that are produced organically for human or livestock use or consumption. Organic products does not include personal care products.
(g) "Person" means an individual, group of individuals, contractor, corporation, limited liability company, partnership, joint venture, cooperative, community supported agricultural entity, or any other legal entity.
(h) "Processing" means processes that include, but are not limited to, cooking, baking, heating, drying, mixing, grinding, churning, separating, extracting, cutting, fermenting, eviscerating, preserving, dehydrating, freezing, or other manufacturing process and includes the packaging, canning, jarring, or otherwise enclosing of food in a container.
(i) "Producer" means a person who engages in the business of growing or producing agricultural products.
(j) "Prohibited substance" means a substance whose use in any aspect of organic production or handling is prohibited or not provided for under this act, rules adopted under this act, or both.
History:
2000, Act 316, Eff. Oct. 1, 2001
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 316 of 2000 - Michigan Organic Products Act (286.901 - 286.931) › Section 286.909 - Definitions; R to W.

286.909 Definitions; R to W.
Sec. 9.
As used in this act:
(a) "Retail food establishment" means a restaurant, delicatessen, bakery, grocery store, or any retail outlet with an in-store restaurant, delicatessen, bakery, salad bar, or other eat-in or carry-out service or a processed or prepared raw or ready-to-eat food that is considered to be or is within the definition of handling operation.
(b) "Sewage sludge" means solid, semisolid, liquid, or ash residue generated during treatment of domestic or industrial sewage in a treatment works.
(c) "Synthetic" means a substance that is formulated or manufactured by a chemical process or by a process that chemically changes a substance extracted from naturally occurring plant, animal, or mineral sources except those substances created by naturally occurring biological processes.
(d) "Waters of the state" means ground waters, lakes, rivers, and streams and all other watercourses and waters within the jurisdiction of the state and also the Great Lakes bordering the state.
History:
2000, Act 316, Eff. Oct. 1, 2001
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 316 of 2000 - Michigan Organic Products Act (286.901 - 286.931) › Section 286.911 - Authority of Department to Regulate, Promote, and Assist Organic Industry; Sale, Offer for Sale, or Representation as Organic Product; Registration Required.

286.911 Authority of department to regulate, promote, and assist organic industry; sale, offer for sale, or representation as organic product; registration required.
Sec. 11.
(1) The department may engage in or conduct activities to regulate, promote, and assist the organic industry in the manner provided by law. The department has the authority to enter into reciprocity agreements with other states' departments of agriculture and the United States department of agriculture and may require certain conditions and records be met and maintained by certifying agents. The department may work with the organic advisory committee and national and state recognized certification groups and programs in formulating its policies, rules, and requirements.
(2) A person shall not sell, offer for sale, or represent an agricultural product to be an organic product unless the agricultural product has been certified. The organic product must be certified by a registered certifying agent.
(3) A person shall not certify an agricultural product as an organic product unless that person is registered with the department as a certifying agent.
(4) A handler that sells, offers for sale, or represents an agricultural product to be an organic product must register with the department.
History:
2000, Act 316, Eff. Oct. 1, 2001
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 316 of 2000 - Michigan Organic Products Act (286.901 - 286.931) › Section 286.913 - Production, Sale, or Handling of Organic Products; Certification Required; Exceptions; Retail Food Establishments.

286.913 Production, sale, or handling of organic products; certification required; exceptions; retail food establishments.
Sec. 13.
(1) The following persons must be certified by a certifying agent registered by the department in order to engage in the production, sale, or handling of organic products:
(a) A producer who sells, intends to sell, or represents that he or she is engaged in the business of selling to the public.
(b) A handler.
(c) A handling operation except as otherwise provided in this section.
(2) Handling operations, including wholesalers and retailers, that do not process, produce, package, or relabel organic products under their own name or for private label, or make organic claims about their operations or label their operation or a particular part of their operation as organic, are not required to be certified or registered.
(3) A handling operation not required to be certified must demonstrate to the satisfaction of the director that it strictly complies with all of the following:
(a) Implements measures necessary for the prevention of commingling organic and nonorganic products.
(b) Implements measures necessary to protect organic products from coming into contact with prohibited substances.
(c) Maintains records sufficient to prove that organic products are certified and registered as required by this act, rules adopted under this act, or both.
(d) Verifies quantities of organic products in a manner acceptable to the director.
(e) Maintains records sufficient to verify compliance with this act and permits access to those records by the director for inspection and copying during normal business hours in order to determine compliance with this act.
(f) Clearly labels, posts, or maintains original organic certification information or identification of the organic product it handles.
(4) Retail food establishments advertising as organic, labeling as organic, or making organic claims about a final product, their operation, or a particular part of their operation are required to be certified or registered.
(5) Retail food establishments not advertising as organic, not labeling as organic, or not making organic claims about any of the following are not subject to this act:
(a) Their final product.
(b) An ingredient.
(c) Their operation.
(d) A particular part of their operation.
(6) Retail food establishments not required to be certified or registered may offer agricultural products for sale that contain organic and nonorganic components and may use a phrase such as "made with certified organic (specified ingredients)" if those organic components were certified in accordance with this act and the requirements in subsection (3)(b) through (f) are met.
History:
2000, Act 316, Eff. Oct. 1, 2001
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 316 of 2000 - Michigan Organic Products Act (286.901 - 286.931) › Section 286.915 - Registration as Certifying Agent; Fee; Demonstration of Compliance; Expiration; Renewal.

286.915 Registration as certifying agent; fee; demonstration of compliance; expiration; renewal.
Sec. 15.
(1) A person who desires to act as a certifying agent shall register with the department on a form provided by the department and pay a nonrefundable registration fee annually established by the department.
(2) Upon payment of the appropriate annual registration fee and demonstration of the applicant of compliance with section 17, the department shall issue a registration to the applicant for a term of 1 year.
(3) Registration expires December 1 of each year and may be renewed by submission of a renewal application and payment of the appropriate annual registration fee. The registration fee shall be an amount as determined by the commission of agriculture.
History:
2000, Act 316, Eff. Oct. 1, 2001
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 316 of 2000 - Michigan Organic Products Act (286.901 - 286.931) › Section 286.917 - Registration as Certifying Agent; Demonstration of Compliance; Requirements.

286.917 Registration as certifying agent; demonstration of compliance; requirements.
Sec. 17.
To obtain a registration as a certifying agent, an applicant shall demonstrate to the satisfaction of the director all of the following:
(a) Certification standards meeting or exceeding the Michigan organic standards.
(b) A requirement that producers or handlers that will be certified establish an organic plan.
(c) The establishing and following of a procedure that allows producers and handlers to appeal an adverse certification determination.
(d) A requirement that each person it certifies demonstrate to the satisfaction of the certifying agent on an annual basis that the person has produced, handled, sold, offered for sale, advertised, or labeled as organic an agricultural product in compliance with the standards imposed under this act.
(e) Providing for at least an annual on-site inspection of each person it certified.
(f) A requirement for the conduct of residue testing of organic products that have been produced on certified organic farms and handled through certified handling operations to determine whether such products contain any prohibited substances if determined necessary by the director.
(g) The following of adequate procedures necessary to carry out the certifying duties of this act.
(h) Protecting against conflict of interest.
(i) The establishing of a process that ensures impartiality of the registrant's inspectors to include, at a minimum, training in organic certification procedures and other related issues determined necessary and approved by the director.
(j) Providing to the director the names, addresses, and agricultural products certified for all persons certified by the registrant not less than annually or upon request of the director. A certifying agent has a continuing duty to update names or products as deletions and additions occur.
(k) Allowing the director access during normal business hours to relevant records including, but not limited to, business records relating to issuance of the certification, certification documents relating to clients, and laboratory analyses.
(l) Complying with any other reasonable and necessary requirements imposed by the director to ensure compliance with this act.
History:
2000, Act 316, Eff. Oct. 1, 2001
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 316 of 2000 - Michigan Organic Products Act (286.901 - 286.931) › Section 286.919 - Registration of Handler; Application; Fee; Basis; Schedule; Coordination of Registration Procedures.

286.919 Registration of handler; application; fee; basis; schedule; coordination of registration procedures.
Sec. 19.
(1) A handler required to be registered under this act shall provide the following on its application for registration:
(a) The name and address of the registrant.
(b) The nature of the registrant's business.
(c) A listing of the brands or agricultural products, or both, that are sold, offered for sale, or represented as organic.
(d) The names and addresses of all certifying agents providing certification.
(e) Sufficient information to enable the director to verify the registration fee to be paid.
(2) The registration fee is based upon gross organic sales from the calendar year that precedes the date of registration or, if no sales were made in the preceding year, based upon the expected sales during the calendar months following the date of registration.
(3) Fee schedule is as follows:
Gross Organic Sales
Registration Fee
$0 - 5,000
$10
$5,001 - 25,000
$25
$25,001 - 100,000
$50
$100,001 - 500,000
$100
$500,001 - 1,000,000
$200
$1,000,001 - above
$400
(4) To the extent feasible, the director shall coordinate the registration and fee collection procedures of this section with the process for registration of the certifying agents.
History:
2000, Act 316, Eff. Oct. 1, 2001
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 316 of 2000 - Michigan Organic Products Act (286.901 - 286.931) › Section 286.920 - Organic Products Fund; Establishment in State Treasury; Receipt, Deposit, and Expenditure of Funds; Carrying Forward Unexpended Funds.

286.920 Organic products fund; establishment in state treasury; receipt, deposit, and expenditure of funds; carrying forward unexpended funds.
Sec. 20.
(1) An organic products fund is established in the state treasury. The organic products fund shall be expended only as provided in subsection (3).
(2) The organic products fund shall receive as revenue money as appropriated by the legislature, all registration fees collected under this act, and money from any other source to be forwarded by the director to the state treasurer for deposit into the organic products fund. Any administrative fines and penalties collected by the department under this act shall be deposited into the general fund, and it is the intent of the legislature that an amount equal to the annual amount of administrative fines and penalties collected by the department be appropriated to the department for purposes of this act.
(3) The money in the organic products fund shall be expended to administer and enforce this act and to develop and improve organic training and education programs.
(4) Money in the organic products fund that is unexpended at the end of the fiscal year shall be carried over to the succeeding fiscal year and shall not revert to the general fund.
History:
2000, Act 316, Eff. Oct. 1, 2001