reglab/housing_qa huggingface dataset:
MI Comp L § 290.693 (2021)
2021 Michigan Compiled Laws|Chapter 290 - Weights, Measures, and Standards|Act 153 of 1975 - Marketing Fees for Fruits and Vegetables (290.691 - 290.693)|Section 290.693 - Order Requiring Remittance of Moneys to Designated Association; Cease and Desist Order; Recovery of Costs and Expenses; Order Dismissing Complaint; Civil Penalty.

290.693 Order requiring remittance of moneys to designated association; cease and desist order; recovery of costs and expenses; order dismissing complaint; civil penalty. Sec. 3.  (1) If upon the preponderance of the testimony taken the director of the department of agriculture is of the opinion that a purchaser named in the complaint has violated this act, then the director shall state his findings of fact and conclusions of law and cause to be served on that purchaser an order requiring the purchaser to immediately forward the appropriate moneys to the designated association.  (2) The director may apply to the circuit court for an order requiring the purchaser to cease and desist from violating the act and the court may order further affirmative relief as will effectuate the policies of this act. The director may permit the aggrieved association to recover all reasonable costs and expenses incurred in filing and prosecuting the complaint, including attorney fees.  (3) If upon the preponderance of the testimony taken, the director is not of the opinion that any purchaser named in the complaint has violated this act, then the director shall state his findings of fact and conclusions of law and issue an order dismissing the complaint.  (4) A purchaser who violates this act may also be liable for a civil penalty of not more than $500.00 for each violation of this act. History: 1975, Act 153, Imd. Eff. July 9, 1975
MI Comp L § 290.701 (2021)
2021 Michigan Compiled Laws|Chapter 290 - Weights, Measures, and Standards|Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727)|Section 290.701 - Short Title.

290.701 Short title. Sec. 1.  This act shall be known and may be cited as the "agricultural marketing and bargaining act". History: 1972, Act 344, Eff. Mar. 30, 1973 Constitutionality: This act is constitutional on its face. Michigan Canners & Freezers Association, Inc v Agricultural Marketing & Bargaining Board, 416 Mich 706, 332 NW2nd 134 (1982).The Michigan Agricultural Marketing and Bargaining Act, MCL 290.701 et seq., authorizes producers' associations to engage in conduct that the federal Agricultural Fair Practices Act of 1967 forbids and stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress. To that extent, therefore, the Michigan Act is pre-empted by the AFPA. Michigan Canners and Freezers Association, Inc v Agricultural Marketing & Bargaining Board, 467 US 461; 104 S Ct 2518; 81 L Ed2d 399 (1984).
MI Comp L § 290.702a (2021)
2021 Michigan Compiled Laws|Chapter 290 - Weights, Measures, and Standards|Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727)|Section 290.702a - Excluded Sales.

290.702a Excluded sales.Sec. 2a.  Any sale of a commodity by a producer to another producer for his or her own exclusive use and not for resale or any sale of fresh market produce directly to consumers or to a retail store or stand for resale to consumers is exempt from this act. History: 1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
MI Comp L § 290.703 (2021)
2021 Michigan Compiled Laws|Chapter 290 - Weights, Measures, and Standards|Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727)|Section 290.703 - Administration and Implementation of Act; Rules.

290.703 Administration and implementation of act; rules.Sec. 3.  (1) The department shall administer this act.  (2) Services for implementing this act shall be provided by the department from appropriations made by the legislature.  (3) The department may promulgate rules necessary for the administration of this act in accordance with and subject to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. History: 1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 1980, Act 195, Imd. Eff. July 8, 1980 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012 Compiler's Notes: For abolishment of the agricultural marketing and bargaining board and transfer of its powers and duties to the department of agriculture, see E.R.O. No. 2007-7, compiled at MCL 290.741.Admin Rule: R 290.101 et seq. of the Michigan Administrative Code.
MI Comp L § 290.706 (2021)
2021 Michigan Compiled Laws|Chapter 290 - Weights, Measures, and Standards|Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727)|Section 290.706 - Proposed Bargaining Unit; Determination of Appropriateness; Criteria.

290.706 Proposed bargaining unit; determination of appropriateness; criteria.Sec. 6.  (1) The department shall determine whether a proposed bargaining unit is appropriate. This determination shall be made upon the petition of an association representing not less than 10% of the producers of the commodity eligible for membership in the proposed bargaining unit as defined by the association. An association with an overlapping definition of bargaining unit may, upon the presentation of a petition by not less than 10% of the producers eligible for membership in the overlapping bargaining unit, contest the proposed bargaining unit. The department shall hold a hearing in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to resolve the dispute.  (2) In making its determination, the department shall define as appropriate the largest bargaining unit in terms of the quantity of the agricultural commodity produced, the definition of the agricultural commodity, the geographic area covered, and the number of producers included as is consistent with the following criteria:  (a) The community of interest of the producers included.   (b) The potential serious conflicts of interest among members of the proposed unit.   (c) The effect of exclusions on the capacity of the association to effectively bargain for the bargaining unit as defined.   (d) The kinds, types, and subtypes of products to be classed together as agricultural commodity for which the bargaining unit is proposed.   (e) Whether the producers eligible for membership in the proposed bargaining unit meet the definition of "producer" for the agricultural commodity involved.   (f) The wishes of the producers.   (g) The pattern of past marketing of the commodity. History: 1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012 Compiler's Notes: For provisions of Act 306 of 1969, referred to in subsection (1), see MCL 24.201 et seq.
MI Comp L § 290.707 (2021)
2021 Michigan Compiled Laws|Chapter 290 - Weights, Measures, and Standards|Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727)|Section 290.707 - Accreditation of Association; Requirements.

290.707 Accreditation of association; requirements.Sec. 7.  An association shall be accredited upon determination by the department that the association meets all of the following:  (a) The association meets the requirements of the Capper-Volstead act, 7 USC 291 to 292.  (b) The association has submitted a copy of its bylaws, which shall provide all of the following:  (i) Each member of the association shall have 1 vote in all votes of the membership of the association.   (ii) Officers or directors shall be elected by a majority of the members voting or by delegates representing a majority of the membership.   (iii) All elections shall be by secret ballot.  (c) The association has marketing and bargaining contracts for the current or next marketing period with more than 50% of the producers of an agricultural commodity who are in the bargaining unit and these contracts cover more than 50% of the quantity of that commodity produced by producers in the bargaining unit. The department may determine the quantity produced by the bargaining unit using information on production in prior marketing periods, current market information, and projections on production during the current marketing period. The department shall exclude from that quantity any quantity of the agricultural commodity contracted by producers with producer owned and controlled processing cooperatives and any quantity produced by handlers. An association whose main purpose is bargaining but which processes a surplus into a form which is not the subject of bargaining is not a processing cooperative. The contracts with members shall specify the agricultural commodity and that the members have appointed the association as their exclusive agent in negotiations with handlers for prices and other terms of trade with respect to the sale and marketing of the agricultural commodity and obligate them to dispose of their production or holdings of the agricultural commodity through or at the direction of the association.  (d) The association has established and authorized a marketing and bargaining committee to negotiate with handlers for the agricultural commodity. The committee shall be composed of members elected by the members in a secret ballot election. The production of the agricultural commodity shall comprise a significant portion of the total farming operation of each committee member. Members who have any quantity of the commodity contracted with a producer owned and controlled processing cooperative are not eligible to serve on a marketing and bargaining committee for such commodity. History: 1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
MI Comp L § 290.708 (2021)
2021 Michigan Compiled Laws|Chapter 290 - Weights, Measures, and Standards|Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727)|Section 290.708 - Request for Accreditation; Contents; Fee; Report.

290.708 Request for accreditation; contents; fee; report.Sec. 8.  (1) An association desiring accreditation shall file with the department a written request for accreditation in the form as required by the department. The request shall contain properly certified evidence that the association meets the standards for accreditation and shall be accompanied by a report of the names and addresses of members, the name of each handler to whom the member delivered or contracted to deliver the agricultural commodity during the previous 2 marketing periods, and the quantity delivered. A fee to cover the costs of the department in processing the request shall be established by rule and paid by the association when the request is filed.  (2) The department may require all handlers of an agricultural commodity produced in the bargaining unit area as individuals or through their trade association to file with the department, within 30 days following a request, a properly certified report, showing the correct names and addresses of all producers of the agricultural commodity who have delivered the agricultural commodity to the handler during the 2 marketing periods preceding the filing of the report and the quantities of the agricultural commodity received by the handler from each named producer during the periods. The information contained in the individual reports of handlers filed with the department shall not be made public by the department nor shall it be made available to any person for private use. History: 1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
MI Comp L § 290.709 (2021)
2021 Michigan Compiled Laws|Chapter 290 - Weights, Measures, and Standards|Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727)|Section 290.709 - Request for Accreditation; Determination by Department; Amended Request; Public Hearing; Notice.

290.709 Request for accreditation; determination by department; amended request; public hearing; notice.Sec. 9.  (1) Within 60 days following the date of filing with the department a request for accreditation by an association, the department shall determine whether the association shall be accredited. If the department determines that insufficient evidence was filed by the association, the department may permit the association to file an amended request for accreditation within 30 days following the determination and notification of the association.  (2) Within 30 days following the department's preliminary finding that the association is to be accredited, the department shall hold a public hearing to obtain further evidence relevant to confirmation that the association is to be accredited. Producers of record involved in the bargaining unit shall be notified of the hearing by mail and publication in a newspaper of general circulation in the bargaining unit area at least 10 days prior to the date of the hearing. History: 1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
MI Comp L § 290.710 (2021)
2021 Michigan Compiled Laws|Chapter 290 - Weights, Measures, and Standards|Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727)|Section 290.710 - Request for Accreditation; Issuance and Publication of Determination; Preliminary Declaration; Service Fees; Effective Date of Accreditation; Referendum; Denial of Accreditation.

290.710 Request for accreditation; issuance and publication of determination; preliminary declaration; service fees; effective date of accreditation; referendum; denial of accreditation.Sec. 10.  (1) The department shall issue and publish its determination within 30 days after the close of the hearing. If the determination of the department is to accredit the association, the department shall include a preliminary declaration of accreditation in its determination. The preliminary declaration of accreditation shall clearly state that the association shall represent all producers, members, and nonmembers alike, who are in the bargaining unit and act as exclusive sales agents for the bargaining unit in negotiations with handlers. A producer covered in a declaration of accreditation may join the association and have full membership rights in the association. Handlers shall deduct marketing service fees from the proceeds to be paid to producers for the agricultural commodity in the amount as determined by the association and forward the service fees promptly to the association. The fees shall be within guidelines determined by the department and shall be subject to review by the department upon petition by 15% of the affected producers.  (2) The accreditation of the association by the department shall be effective 30 days after the publication of the preliminary declaration of accreditation. The department shall delay the accreditation of the association if the department receives during the 30-day period a petition signed by at least 1/3 of the producers in the bargaining unit who produce at least 1/3 of the production of the agricultural commodity produced by the bargaining unit, exclusive of quantities contracted with processing cooperatives and produced by handlers, and requesting that the association should not be accredited. The department shall determine, by a mail referendum of bargaining unit producers within 30 days following receipt of the petition, if producers assent to the accreditation of the association. Producers in the bargaining unit shall be considered to have assented to accreditation if more than 50% of the producers in the bargaining unit who produce more than 50% of the volume of the affected commodity assent to representation by the association.  (3) All affected producers, handlers, and other interested parties shall be notified of the outcome of the referendum within 10 days following the referendum. Accreditation shall be effective immediately if producers assent. Accreditation shall be denied without the required assent of the producers.  (4) An association that is denied accreditation may not file another request for accreditation for a period of 1 year. History: 1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
MI Comp L § 290.711 (2021)
2021 Michigan Compiled Laws|Chapter 290 - Weights, Measures, and Standards|Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727)|Section 290.711 - Annual Report of Accredited Association.

290.711 Annual report of accredited association.Sec. 11.  An accredited association shall file an annual report with the department in such form as required by the department to determine if the association continues to meet the requirements for accreditation as provided in section 7. History: 1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
MI Comp L § 290.712 (2021)
2021 Michigan Compiled Laws|Chapter 290 - Weights, Measures, and Standards|Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727)|Section 290.712 - Revocation of Accreditation.

290.712 Revocation of accreditation.Sec. 12.  (1) To revoke the accreditation of an accredited association, the department shall employ a procedure similar to the accreditation procedure set forth in sections 8, 9, and 10. Subject to subsection (2), revocation of accreditation shall be considered by the department upon receipt of any of the following:   (a) A request from an accredited association for its own disaccreditation.  (b) A petition requesting that the accredited association be disaccredited and bearing the signatures of at least 1/3 of the producers in the bargaining unit who produce at least 1/3 of the bargaining unit production of the agricultural commodity exclusive of quantities contracted with processing cooperatives and produced by handlers.  (2) A request for revocation of accreditation may not be accepted by the department during the marketing period or for a 60-day period prior thereto. History: 1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
MI Comp L § 290.713 (2021)
2021 Michigan Compiled Laws|Chapter 290 - Weights, Measures, and Standards|Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727)|Section 290.713 - “Bargaining” Defined; Accredited Association as Exclusive Representative; Negotiations; Notice.

290.713 “Bargaining” defined; accredited association as exclusive representative; negotiations; notice.Sec. 13.  (1) As used in this act, "bargaining" means the mutual obligation of a handler and an accredited association or their designated representatives to meet at reasonable times and confer and negotiate in good faith. The obligation does not require either party to agree to a proposal or to make a concession. An accredited association is the exclusive representative of all producers in the bargaining unit for the purpose of bargaining with all handlers that purchase the agricultural commodity produced in the bargaining unit. Negotiations may include all terms relative to trading between handlers and producers of the agricultural commodity such as the following:  (a) Prices and related terms of sale.  (b) Quality specifications.  (c) Quantity to be marketed.  (d) Transactions involving products and services utilized by 1 party and provided to the other party.  (2) The parties shall notify the department of the commencement of negotiations. History: 1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
MI Comp L § 290.714 (2021)
2021 Michigan Compiled Laws|Chapter 290 - Weights, Measures, and Standards|Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727)|Section 290.714 - Mediation of Issues; Duties of Department; Designation of Person to Act in Department's Behalf; Fee.

290.714 Mediation of issues; duties of department; designation of person to act in department's behalf; fee.Sec. 14.  (1) Upon the request of an accredited association or upon the request of a handler, the department shall provide for the mediation of the issues in dispute. The department shall take such steps as it considers expedient to effect a voluntary, amicable, and expeditious adjustment and settlement of the differences and issues between the association and the handler which could disrupt the normal sale and purchase of the agricultural commodity between producers and the handler. The department shall do all of the following:  (a) Arrange for, hold, adjourn, or reconvene a conference or conferences between disputants and 1 or more of their representatives.  (b) Invite the disputants and their representatives to attend the conference and submit, orally or in writing, the differences between the disputants.  (c) Discuss the differences with the disputants or their representatives.  (d) Assist in negotiating and drafting agreements for the adjustment and settlement of differences.  (2) In implementing its duties under this section, the department may retain a competent individual to act on its behalf. If the department seeks to retain an individual to mediate a dispute, the department shall attempt to retain an individual who has experience in mediation and in agricultural marketing.  (3) Where an individual is retained, the department shall establish his or her fee in advance. History: 1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
MI Comp L § 290.715 (2021)
2021 Michigan Compiled Laws|Chapter 290 - Weights, Measures, and Standards|Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727)|Section 290.715 - Election Not to Purchase or Sell During Marketing Period.

290.715 Election not to purchase or sell during marketing period.Sec. 15.  At any time prior to 30 days before the first day of the marketing period, if an agreement on the issues in dispute between the accredited association and the handler has not been reached, the handler may elect not to purchase, directly or indirectly, any quantity of the agricultural commodity produced in the bargaining unit during the marketing period. If an agreement on the issues in dispute between the accredited association and the handler has not been reached, the affected producers may elect, as represented by the association, not to sell, directly or indirectly, any quantity of the agricultural commodity to the handler during the marketing period. If either party makes an election, the other party is not under an obligation to continue bargaining with the party so electing during that marketing period. History: 1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012