EXECUTIVE ORDER No. 2007-44

DEPARTMENT OF AGRICULTURE
MICHIGAN FOOD POLICY COUNCIL

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
 
WHEREAS, as the second largest industry in Michigan, the $60.1 billion agriculture-food sector of our state's economy employs over 1 million people with tremendous potential to diversify and strengthen Michigan's economy;

WHEREAS, developing opportunities for small- to mid-scale family farmers to capture a greater percentage of Michigan food dollars will increase the viability of agriculture, preserve open space, and revitalize rural communities;

WHEREAS, if Michigan consumers spent an additional 10 percent of food dollars on Michigan-grown and Michigan-processed foods, economic activity in this state would grow by $730 million, benefiting not just Michigan farmers, but our entire state;

WHEREAS, in 2005, only 65% of eligible individuals participated in the food assistance program in Michigan;

WHEREAS, increasing food assistance program participation closer to 100% would bring in between $60 to $125 million of additional federal funds for the purchase of food from Michigan retailers;

WHEREAS, the Michigan Food Policy Council created by Executive Order 2005-13 provides government officials and stakeholders with a forum to identify policies that harness the potential of the food system to foster economic development, provide children and those in need greater access to fresh and nutritious foods, and support stewardship of our finite land and water resources;

WHEREAS, the Michigan Food Policy Council brings together a broad array of food-related government and non-government constituencies to employ a food systems approach that facilitates policy evaluation and program development at every stage of the food system;

WHEREAS, continuation of the Michigan Food Policy Council will benefit Michigan farmers, including small- and mid-scale farmers, local food processors, manufacturers, distributors, and retailers;

WHEREAS, continuation of the Michigan Food Policy Council will maintain focus on the economic development opportunities of Michigan's food system along with improvements to agriculture production, community well-being, and public health;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. DEFINITIONS
As used in this Order:

A. "Council" means the Michigan Food Policy Council originally established within the Department of Agriculture by Executive Order 2005-13 and continued by this Order.

B. "Department" means the Department of Agriculture, the principal department of state government created under Section 1 of 1921 PA 13, MCL 285.1, and Section 175 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.275.

II. MICHIGAN FOOD POLICY COUNCIL

A. The Michigan Food Policy Council is reestablished and continued by this Order as an advisory body within the Department to assist the Department and the Governor in cultivating a safe, healthy, and available food supply for all of Michigan's residents while building on the state's agricultural diversity to enhance economic growth.

B. The Council shall consist of 25 members.

C. The Council shall include the following ex officio members from within state government:

1. The Director of the Department of Agriculture or his or her designee from within the Department of Agriculture.

2. The Director of the Department of Community Health or his or her designee from within the Department of Community Health.

3. The Director of the Department of Environmental Quality or his or her designee from within the Department of Environmental Quality.

4. The Director of the Department of Human Services or his or her designee from within the Department of Human Services.

5. The Director of the Department of Labor and Economic Growth or his or her designee from within the Department of Labor and Economic Growth.

6. The Superintendent of Public Instruction or his or her designee from within the Department of Education.

7. The Director of the Department of Management and Budget or his or her designee from within the Department of Management and Budget.

8. The Director of the Department of Corrections or his or her designee from within the Department of Corrections.

9. The President of the Michigan Strategic Fund or his or her designee from within the Michigan Strategic Fund.

D. The following members appointed by the Governor:

1. Two individuals representing Michigan agricultural organizations.

2. Two individuals representing sustainable agriculture or sustainable agricultural development.

3. One individual representing institutions of higher education.

4. One individual representing K-12 schools.

5. One individual representing community-based urban development activities.

6. One individual representing rural development activities.

7. One individual representing anti-hunger organizations.

8. One individual representing hospitals, healthcare systems, public health organizations, or persons with expertise in public health.

9. One individual representing food processors.

10. One individual representing food system organizations.

11. One individual representing non-food manufacturers.

12. One individual representing food retailers.

13. One individual representing restaurants.

14. One individual representing organized labor.

E. Of the members of the Council initially appointed by the Governor under Section II.D, 4 members shall be appointed for terms expiring on October 31, 2008, 4 members shall be appointed for terms expiring on October 31, 2009, 4 members shall be appointed for terms expiring on October 31, 2010, and 4 members shall be appointed for terms expiring on October 31, 2011.  After the initial appointments, members of the Council appointed by the Governor under Section II.D shall be appointed for terms of 4 years.  A vacancy caused other than by expiration of a term shall be filled in the same manner as the original appointment for the remainder of the term.

F. The Director of the Department of Agriculture shall serve as the Chairperson of the Council.  The members of the Council shall select members of the Council to serve as Vice-Chairperson and Secretary of the Council.

III. GOALS AND RESPONSIBILITIES OF THE COUNCIL

A. The Michigan Food Policy Council shall recommend and facilitate implementation of policies and programs that do all of the following:

1. Increase economic activity in Michigan resulting in new and expanded businesses and jobs across all food-related sectors in this state.

2. Strengthen Michigan's urban and rural areas with food-related revitalization projects.

3. Increase access to fresh and healthy Michigan-grown foods, for school children, low-income families, at-risk seniors, inner-city residents, and others.

4. Promote institutional and public purchase and consumption of Michigan-grown and Michigan-processed foods.

5. Enhance the viability of small- to mid-scale family farms in Michigan by promoting direct farm marketing, sustainable agriculture, and agritourism, among other initiatives.

6. Preserve farmland as open space and amplify the environmental benefits of agriculture by promoting sustainable agriculture practices in Michigan.

7. Increase collaboration and communication between state agencies in the delivery of food-related programs and evaluation of collaborative opportunities.

8. Maximize coordination of existing federal, state, and local resources and capture additional federal resources for Michigan.

9. Expand markets for Michigan agricultural products, including, but not limited to, niche markets such as organically-produced, pasture-raised, and sustainably-grown agricultural products.

10. Enhance connections between Michigan growers and Michigan food outlets.

11. Encourage the creation of new food-related jobs in Michigan.

B. The Council shall do all of the following:

1. Actively monitor the implementation of the recommendations issued in 2006 by the Michigan Food Policy Council under Executive Order 2005-13.

2. Make recommendations to the Department on the adoption of policies to advance the goals and responsibilities of the Council under this Order.

3. Recommend policies or activities intended to increase spending of food dollars on Michigan-grown and Michigan-processed foods.

4. Advise the Department regarding the "Select Michigan" program.

5. Recommend long-term strategies to institutionalize the Council and sustain its efforts to improve Michigan's food system.

C. The efforts of the Council are intended to positively impact the entire state with a special emphasis on school children, low-income families, and individuals in both urban and rural areas.

IV. OPERATIONS OF THE COUNCIL

A. The Council shall be staffed and assisted by personnel from the Department of Agriculture, as directed by the Director of the Department of Agriculture.  The budgeting, procurement, and related management functions of the Council shall be performed under the direction and supervision of the Director of the Department of Agriculture.

B. The Council shall adopt procedures consistent with Michigan law and this Order governing its organization and operations.

C. A majority of the members of the Council serving constitutes a quorum for the transaction of the Council's business.  The Council shall act by a majority vote of its serving members.

D. The Council shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Council.

E. The Council may establish committees and request public participation on workgroups as the Council deems necessary.  The Council may also adopt, reject, or modify any recommendations proposed by a committee or a workgroup.

F. The Council may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public.  The Council may also consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, organized labor, government agencies, and at institutions of higher education.

G. Members of the Council shall serve without compensation.  Members of the Council may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Civil Service Commission and the Department of Management and Budget, subject to available funding.

H. The Council may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Council and the performance of its duties as the Director of the Department deems advisable and necessary, in accordance with this Order, and the relevant statutes, rules, and procedures of the Civil Service Commission and the Department of Management and Budget.

I. The Council may accept donations of labor, services, or other things of value from any public or private agency or person, including, but not limited to, support from Michigan State University, the Michigan Integrated Food and Farming System, the Food Bank Council of Michigan, and the W.K. Kellogg Foundation.

J. Members of the Council shall refer all legal, legislative, and media contacts to the Department.

V. MISCELLANEOUS

A. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state shall give to the Council, or to any member or representative of the Council any necessary assistance required by the Council, or any member or representative of the Council, in the performance of the duties of the Council so far as is compatible with its, his, or her duties.  Free access shall also be given to any books, records, or documents in its, his, or her custody, relating to matters within the scope of inquiry, study, or investigation of the Council.

B. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order.  Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.

C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion.  Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.

D. Executive Order 2005-13 is rescinded in its entirety.

E. This Order is effective upon filing.

Given under my hand and the Great Seal of the State of Michigan this 21st day of November, in the year of our Lord, two thousand and seven.

____________________________________
JENNIFER M. GRANHOLM
GOVERNOR

BY THE GOVERNOR:
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SECRETARY OF STATE