Michigan Compiled Laws — FEED LAW (Act 120 of 1975)

Short title.

This act shall be known and may be cited as the "feed law".

Administration of act.

This act shall be administered by the director of the department of agriculture and rural development.

Definitions.

As used in this act: (a) "AAFCO official publication" means the document entitled "2015 Official Publication", as published by the Association of American Feed Control Officials. (b) "Animal" means any vertebrate animal, other than human beings, including mammals, birds, fish, reptiles, and amphibians, and any domestic…

(1) Except as provided in subsection (2), the following persons shall obtain a license under this act: (a) A manufacturer of commercial feed for each facility in this state used to manufacture commercial feed. (b) A person, other than a manufacturer, that distributes commercial feed within this state or that serves as…

Commercial feed; label; document for customer-formula feed; information.

(1) Commercial feed must be labeled as follows: (a) Each container of commercial feed, except a customer-formula feed, must be accompanied by a label with the following information in legibly printed form: (i) The quantity statement of the contents. (ii) The product name and brand name, if any. (iii) The guaranteed ana…

Inspection fee per ton; payment; filing statement of tonnage and fees; failure to comply with section; disclosure of information.

(1) An inspection fee of $0.30 per ton must be paid on commercial feed distributed in this state by the person whose name appears on the label as the manufacturer, guarantor, or distributor, except that a person other than the manufacturer, guarantor, or distributor may assume responsibility for the inspection fee, sub…

Entry and inspection of operations; powers of director; refusal to permit entry or inspection; warrant; maintenance of laboratory to analyze, test, and examine commercial feed; forwarding of results to licensee; official sample as guide in determination of deficient animal feed.

(1) For the purpose of enforcing and determining compliance with this act, including whether or not any operations are subject to this act, the director may do 1 or more of the following: (a) Enter, during normal business hours, any factory, warehouse, or any other establishment within this state in which commercial fe…

Commercial feed or material considered to be adulterated.

A commercial feed or material described in section 3(g)(i) to (vi) shall be considered to be adulterated if any of the following conditions exist: (a) It bears or contains any poisonous or deleterious substance that may render the feed injurious to health. However, if the substance is not an added substance, the commer…

Commercial feed considered to be misbranded.

A commercial feed is considered to be misbranded and in violation of this act if any of the following occur: (a) Its labeling is false or misleading in any particular. (b) It is distributed under the name of another commercial feed. (c) It is not labeled as required under section 5. (d) It purports to be or is represen…

Recall of adulterated or misbranded commercial feed; notification.

A manufacturer that voluntarily recalls a commercial feed that has been introduced into channels of trade beyond its control, and that supports the conclusion that the feed processed by the manufacturer is adulterated or misbranded in a manner that creates an unreasonable risk to animals or to the public health, shall…

Rules.

The director may promulgate rules necessary to implement this act.

Implementation of act; agreements; reports.

(1) The director may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations to implement this act. (2) The director may publish a report of gross tonnage of feed sold or distributed in this state annually or more ofte…

Manufacture or distribution of commercial feed; requirements.

A person manufacturing or distributing commercial feed shall comply with all of the following: (a) The requirements in 21 CFR 558.6 for a veterinary feed directive drug as defined in 21 CFR 558.3. (b) The requirements in 21 CFR 589.1 to 589.2001 for prohibited mammalian protein. (c) The following requirements of manufa…

Prohibited acts.

A person shall not do or shall not cause any of the following: (a) Manufacture or distribute any commercial feed that is adulterated or misbranded. (b) Adulterate or misbrand any commercial feed. (c) Distribute agricultural commodities such as whole grain, whole seed, hay, straw, stover, silage, cobs, and husks, that a…

Administrative orders; correction of violation; costs; damages; finding of nuisance; storage of seized commercial feed as risk to animal or human health; "nuisance" defined.

(1) The following administrative orders may be issued by the director to enforce this act: (a) A cease order in compliance with this subdivision. When the director has probable cause to believe that a commercial feed operation is manufacturing or distributing adulterated or misbranded feed or fails to comply with this…

Violation of act or rules; administrative fine; warning; penalty; injunction; protection of information as trade secret; civil action; affirmative defense; liability; restitution.

(1) A person that violates this act or rules promulgated under this act is subject to the penalties and remedies provided in this act regardless of whether the person acted alone or through an employee or agent. (2) Upon a finding by the director, after notice and an opportunity for an administrative hearing, that a pe…

Feed control fund.

(1) The feed control fund is created within the state treasury. (2) The state treasurer shall receive for deposit in the fund all fees, administrative or civil fines, and payments for the costs of investigations incurred by the director collected under this act. In addition, the state treasurer may receive money or oth…

Actions by local unit of government.

(1) Except as otherwise provided in this section, this act preempts any local ordinance, regulation, or resolution that would in any manner duplicate, extend, revise, contradict, or conflict with the provisions of this act. Except as otherwise provided in this section, a local unit of government shall not adopt, mainta…

Access to markets for commercial feed and commercial feed ingredients; application; certificate of free sale; fees; "certificate of free sale" defined.

(1) To facilitate continued access to markets for commercial feed and commercial feed ingredients, the department may do 1 or more of the following: (a) At the request of a manufacturer or based upon records voluntarily supplied by a manufacturer, inspect, audit, or certify locations where commercial feed or commercial…