SB-0777, As Passed House, April 25, 2006

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 777

     A bill to amend 1965 PA 329, entitled

"Michigan seed law,"

(MCL 286.701 to 286.716) by amending the title, as amended by 1988

PA 455, and by adding section 14; and to repeal acts and parts of

acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

TITLE

     An act to regulate the labeling, coloration, advertising,

sale, offering, exposing, or transporting for sale of agricultural,

vegetable, lawn, flower, and forest tree seeds; to authorize the

director of agriculture to adopt rules for the enforcement of this

act; to provide for the inspection and testing of seed; to

prescribe license fees; to preempt ordinances prohibiting or

regulating certain activities with respect to seeds; and to

prescribe penalties for violation of this act.  ; and to repeal

certain acts and parts of acts.

     Sec. 14. (1) Except as otherwise provided in this section, a

local unit of government shall not adopt, maintain, or enforce an

ordinance that prohibits or regulates the labeling, sale, storage,

transportation, distribution, use, or planting of agricultural

seeds, vegetable seeds, flower seeds, turf grass seeds, or forest

tree seeds.

     (2) A local unit of government may enact an ordinance

prescribing standards different from those contained in this act

and rules promulgated under this act and that prohibits or

regulates the use or planting of agricultural seeds, vegetable

seeds, flower seeds, turf grass seeds, or forest tree seeds under

either or both of the following circumstances:

     (a) Unreasonable adverse effects on the environment or public

health will exist within the local unit of government.

     (b) The local unit of government has determined that the

activity to be prohibited or regulated within that unit of

government has resulted or will result in the violation of other

existing state or federal law.

     (3) An ordinance enacted pursuant to subsection (2) shall not

be enforced by a local unit of government until approved by the

commission of agriculture. If the commission of agriculture denies

an ordinance enacted pursuant to subsection (2), the commission of

agriculture shall provide a detailed explanation of the basis of

the denial within 30 days.

     (4) Within 60 days after submission to the department of

agriculture of a resolution of a local unit of government

identifying unreasonable adverse effects on the environment or

public health under subsection (2), the department of agriculture

shall hold a local public meeting to determine the nature and

extent of unreasonable adverse effects on the environment or public

health. Within 30 days after the local public meeting, the

department of agriculture shall issue a detailed opinion regarding

the existence of unreasonable adverse effects on the environment or

public health as identified by the resolution of the local unit of

government.

     (5) Section 15 does not apply to a violation of this section.

     (6) This section does not limit the authority of a local unit

of government under 1941 PA 359, MCL 247.61 to 247.72.

     Enacting section 1. Section 16 of the Michigan seed law, 1965

PA 329, MCL 286.716, is repealed.