Mich. Comp. Laws § 286.901
Short title.
This act shall be known and may be cited as the "Michigan organic products act".
Michigan Compiled Laws — MICHIGAN ORGANIC PRODUCTS ACT (Act 316 of 2000)
Michigan · statute · 316 of 2000, Mich. Comp. Laws · 18 active provisions
Mich. Comp. Laws § 286.903
Definitions; A to D.
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 certi…
Mich. Comp. Laws § 286.905
Definitions; G to L.
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, reco…
Mich. Comp. Laws § 286.907
Definitions; M to P.
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 pro…
Mich. Comp. Laws § 286.909
Definitions; R to W.
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…
Mich. Comp. Laws § 286.911
Authority of department to regulate, promote, and assist organic industry; sale, offer for sale, or representation as organic product; registration required.
(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…
Mich. Comp. Laws § 286.913
Production, sale, or handling of organic products; certification required; exceptions; retail food establishments.
(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 ha…
Mich. Comp. Laws § 286.915
Registration as certifying agent; fee; demonstration of compliance; expiration; renewal.
(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…
Mich. Comp. Laws § 286.917
Registration as certifying agent; demonstration of compliance; requirements.
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…
Mich. Comp. Laws § 286.919
Registration of handler; application; fee; basis; schedule; coordination of registration procedures.
(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…
Mich. Comp. Laws § 286.920
Organic products fund; establishment in state treasury; receipt, deposit, and expenditure of funds; carrying forward unexpended funds.
(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 sou…
Mich. Comp. Laws § 286.921
Rules; scope.
(1) By promulgation of rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, the director may adopt standards that meet or exceed the standards for organic products of the United States department of agriculture agricultural marketing service, or equivalent national organic pro…
Mich. Comp. Laws § 286.922
Reciprocity agreement with another state, country, or private certifying organization.
(1) The department may enter into a reciprocity agreement with a state or country that has an organic program that has been determined by the director to be substantially equivalent. This includes, but is not limited to, certification standards for organic producers or handlers or products, licensure, or other state re…
Mich. Comp. Laws § 286.923
Labeling and advertisement; requirements; circumstances considered as mislabeling.
(1) All labeling and advertisement of organic products shall comply with the requirements contained in this act and rules adopted under this act. (2) The director shall consider as mislabeled an organic product meeting any of the following circumstances: (a) Is false or misleading in any particular, taking into account…
Mich. Comp. Laws § 286.925
Organic advisory committee; creation; powers and duties; membership; terms; travel reimbursement; election of officers and adoption of rules; quorum; meetings; proceedings subject to open meetings act; records subject to freedom of information act.
(1) There is created an organic advisory committee within the department. The committee shall advise the director on the implementation of this act and the promulgation of rules and may do all of the following: (a) Assist the director in developing the Michigan organic standards and recommend appropriate equivalent int…
Mich. Comp. Laws § 286.927
Complaints and investigations; penalties or remedies; rules; denial of application; suspension or revocation of registration; seizure of product; disposition; written notice of warning; injunctive relief; access by director to establishment or operation; stop sale order; hearing.
(1) The director, in administering and enforcing this act, shall investigate complaints and initiate and conduct investigations of alleged violations of this act. The director may deny an application for or suspend or revoke registration of a certifying agent or a handler or take other action or utilize other penalties…
Mich. Comp. Laws § 286.929
Violation of act or rule; administrative fine; misdemeanor; penalty; affirmative defense; felony.
(1) Upon finding that a person subject to this act violated a provision of this act or rule promulgated under this act, the department may impose an administrative fine of not more than $500.00 for the first offense and not more than $1,000.00 for a second or subsequent offense and the actual costs of the investigation…
Mich. Comp. Laws § 286.931
Effective date.
This act takes effect October 1, 2001.