Commercial Feed Enforcement
MDARD (Michigan Department of Agriculture and Rural Development) is responsible for assuring compliance with the Commercial Feed Law and its regulations. By doing so, its goal is to help assure that the feeds you purchase for your livestock or pets is safe and wholesome, and its labeling is truthful without being misleading.
Wherever possible, MDARD works to draw out this compliance through an educational approach. However, when this approach is not sufficient, other enforcement measures become necessary. A graduated approach to enforcement is employed by the MDARD, as outlined below:
- Written "violation notice" - This device describes the violation and asks for voluntary corrective action. Used for minor violations.
- "Stop Sale" order - This action orders the removal of a violative product from distribution. Used when there is no response to a "violation notice" or when the product poses a risk, is misbranded, or its labeling is misleading.
- Seizure - Under this action, MDARD places strict conditions on the movement or disposition of violative products. Any disposition of the product may occur only with the approval of and under the supervision of the MDARD.
MDARD may pass over one or more of the remaining enforcement tools, depending on the severity of the violation, the prior history of the company and the company's level of cooperation in its attempts to attain compliance.
- "Warning Letter" - This is employed after a serious violation or a series of violations.
- Compliance Hearing - This is an informal proceeding through which MDARD attempts to work cooperatively with a company to develop a plan to achieve voluntary compliance.
- Prosecution - Used when the prospect of achieving voluntary compliance is unlikely.
- License Revocation - Requires MDARD to issue notification of its intent to revoke. A formal hearing is required. Used when the continued operation of the business of manufacturing or distributing feed is not in the public interest.