Michigan Laws 287.526 – Inspection fee per ton; payment; filing statement of tonnage and fees; failure to comply with section; disclosure of information
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Terms Used In Michigan Laws 287.526
- Commercial feed: means all materials or combination of materials, including feed ingredients, that are distributed or intended for distribution for use as animal feed or for mixing in animal feed. See Michigan Laws 287.523
- Customer-formula feed: means commercial feed that consists of a mixture of commercial feeds or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser or purchaser's agent. See Michigan Laws 287.523
- Department: means the department of agriculture and rural development. See Michigan Laws 287.523
- Director: means the director of the department or the director's authorized representative. See Michigan Laws 287.523
- Distributor: means a person that distributes. See Michigan Laws 287.523
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
- Guarantor: means a person that agrees to be responsible for labeling, information, guarantees, and claims. See Michigan Laws 287.523
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Label: means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed or on the invoice or delivery slip with which a commercial feed is distributed. See Michigan Laws 287.523
- License: means a commercial feed license issued under this act. See Michigan Laws 287.523
- Licensee: means a person that has been issued a license. See Michigan Laws 287.523
- Manufacturer: means a person that manufactures. See Michigan Laws 287.523
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 287.523
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Ton: means a net weight of 2,000 pounds avoirdupois. See Michigan Laws 287.523
(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.