Michigan Compiled Laws
Act 120 of 1975 - Feed Law (287.521 - 287.539)
Section 287.526 - Inspection Fee per Ton; Payment; Filing Statement of Tonnage and Fees; Failure to Comply With Section; Disclosure of Information.

Sec. 6.
(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, subject to the following:
(a) If more than 1 person is involved in the distribution of commercial feed, the last person that is required to be licensed and that distributes to a nonlicensee is responsible for reporting the tonnage distributed and paying the inspection fee.
(b) A fee will not be paid on customer-formula feed if the inspection fee is paid on the commercial feeds that are used as ingredients within the customer-formula feed.
(c) The minimum inspection fee is $50.00 per July 1 to June 30 annual period.
(d) The inspection fee is $0.15 per ton on feed ingredients that are by-products of manufacturing processes and have a moisture content equal to or greater than 60%.
(2) Each person liable for paying the inspection fee under subsection (1) shall do both of the following:
(a) File annually, by the last day of July, a statement, stating the number of tons of commercial feed distributed in this state during the preceding July 1 to June 30 period. The inspection fee and tonnage must be reported on forms furnished or approved by the director. Payments due of less than $5.00 are waived, and refunds of less than $5.00 will not be processed unless requested in writing. For any report not filed with the department by the due date, a penalty of $50.00 or 10% of the amount due, whichever is greater, will be assessed. The assessment of this penalty fee does not prevent the department from taking other actions as provided in this act.
(b) Maintain records for 2 years to accurately indicate the commercial feed tonnage distributed in this state. The director may examine the records to verify statements of tonnage.
(3) Failure to make an accurate statement of tonnage, pay the inspection fee, or comply with this section constitutes sufficient cause for suspending a distributor license.
(4) Unless disclosure is required for the enforcement of this act, the information furnished under this section is private or nonpublic, is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not be disclosed by an employee of the department in any manner that divulges the business operations of a licensee required by this section to make a report.
History: 1975, Act 120, Imd. Eff. June 26, 1975 ;-- Am. 1980, Act 338, Imd. Eff. Dec. 23, 1980 ;-- Am. 2015, Act 83, Eff. Oct. 1, 2015 ;-- Am. 2018, Act 93, Imd. Eff. Mar. 26, 2018

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 287 - Animal Industry

Act 120 of 1975 - Feed Law (287.521 - 287.539)

Section 287.521 - Short Title.

Section 287.522 - Administration of Act.

Section 287.523 - Definitions.

Section 287.524 - Persons Required to Be Licensed; Application; Fee; Late Fee; Issuance of Initial or Renewal License; Notice of Incomplete Application; Display and Expiration of License; Labels; Powers of Director; Refusing, Conditioning, Revoking,...

Section 287.525 - Commercial Feed; Label; Document for Customer-Formula Feed; Information.

Section 287.526 - Inspection Fee per Ton; Payment; Filing Statement of Tonnage and Fees; Failure to Comply With Section; Disclosure of Information.

Section 287.527 - 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 G...

Section 287.528 - Commercial Feed or Material Considered to Be Adulterated.

Section 287.529 - Commercial Feed Considered to Be Misbranded.

Section 287.530 - Recall of Adulterated or Misbranded Commercial Feed; Notification.

Section 287.531 - Rules.

Section 287.532 - Implementation of Act; Agreements; Reports.

Section 287.533 - Manufacture or Distribution of Commercial Feed; Requirements.

Section 287.534 - Prohibited Acts.

Section 287.535 - Administrative Orders; Correction of Violation; Costs; Damages; Finding of Nuisance; Storage of Seized Commercial Feed as Risk to Animal or Human Health; "Nuisance" Defined.

Section 287.536 - Violation of Act or Rules; Administrative Fine; Warning; Penalty; Injunction; Protection of Information as Trade Secret; Civil Action; Affirmative Defense; Liability; Restitution.

Section 287.537 - Feed Control Fund.

Section 287.538 - Actions by Local Unit of Government.

Section 287.539 - Access to Markets for Commercial Feed and Commercial Feed Ingredients; Application; Certificate of Free Sale; Fees; "Certificate of Free Sale" Defined.