reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 155 of 1981 - Ownership Rights in Dies, Molds, and Forms (445.611 - 445.620c) › Section 445.619 - Moldbuilder; Lien; Requirements.

445.619 Moldbuilder; lien; requirements.
Sec. 9.
(1) A moldbuilder shall permanently record on every die, mold, or form that the moldbuilder fabricates, repairs, or modifies the moldbuilder's name, street address, city, and state.
(2) A moldbuilder shall file a financing statement in accordance with the requirements of section 9502 of the uniform commercial code, 1962 PA 174, MCL 440.9502.
(3) A moldbuilder has a lien on any die, mold, or form identified pursuant to subsection (1). The amount of the lien is the amount that a customer or molder owes the moldbuilder for the fabrication, repair, or modification of the die, mold, or form. The information that the moldbuilder is required to record on the die, mold, or form under subsection (1) and the financing statement required under subsection (2) shall constitute actual and constructive notice of the moldbuilder's lien on the die, mold, or form.
(4) The moldbuilder's lien attaches when actual or constructive notice is received. The moldbuilder retains the lien that attaches under this section even if the moldbuilder is not in physical possession of the die, mold, or form for which the lien is claimed.
(5) The lien remains valid until the first of the following events takes place:
(a) The moldbuilder is paid the amount owed by the customer or molder.
(b) The customer receives a verified statement from the molder that the molder has paid the amount for which the lien is claimed.
(c) The financing statement is terminated.
(6) The priority of a lien created under this act on the same die, mold, or form shall be determined by the time the lien attaches. The first lien to attach shall have priority over liens that attach subsequent to the first lien.
History:
Add. 2002, Act 17, Imd. Eff. Mar. 1, 2002
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 155 of 1981 - Ownership Rights in Dies, Molds, and Forms (445.611 - 445.620c) › Section 445.620 - Moldbuilder; Lien; Enforcement; Notice.

445.620 Moldbuilder; lien; enforcement; notice.
Sec. 10.
To enforce a lien that attaches under section 9, the moldbuilder shall give notice in writing to the customer and the molder. The notice shall be given by hand delivery or certified mail, return receipt requested, to the last known address of the customer and to the last known address of the molder. The notice shall state that a lien is claimed, the amount that the moldbuilder claims it is owed for fabrication, repair, or modification of the die, mold, or form, and a demand for payment.
History:
Add. 2002, Act 17, Imd. Eff. Mar. 1, 2002
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 155 of 1981 - Ownership Rights in Dies, Molds, and Forms (445.611 - 445.620c) › Section 445.620a - Moldbuilder; Right to Possession of Die, Mold, or Form.

445.620a Moldbuilder; right to possession of die, mold, or form.
Sec. 10a.
Subject to section 10b, if the moldbuilder has not been paid the amount claimed in the notice required under section 10 within 90 days after the notice required under section 10 has been received by the customer and the molder, the moldbuilder has a right to possession of the die, mold, or form and may enforce the right to possession of the die, mold, or form by judgment, foreclosure, or any available judicial procedure. The moldbuilder may do 1 or more of the following:
(a) Take possession of the mold, die, or form. The moldbuilder may take possession without judicial process if this can be done without breach of the peace.
(b) Sell the die, mold, or form in a public auction.
History:
Add. 2002, Act 17, Imd. Eff. Mar. 1, 2002
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 155 of 1981 - Ownership Rights in Dies, Molds, and Forms (445.611 - 445.620c) › Section 445.620b - Sale of Die, Mold, or Form; Notice of Intent.

445.620b Sale of die, mold, or form; notice of intent.
Sec. 10b.
(1) Before a moldbuilder may sell a die, mold, or form for which a lien is claimed and for which the required notice has been sent under section 10, the moldbuilder shall notify the customer, the molder, and all other persons that have a perfected security interest in the die, mold, or form under part 5 of article 9 of the uniform commercial code, 1962 PA 174, MCL 440.9501 to 440.9527, by certified mail, return receipt requested, of all of the following:
(a) The moldbuilder's intention to sell the die, mold, or form 60 days after the receipt of the notice.
(b) A description of the die, mold, or form to be sold.
(c) The last known location of the die, mold, or form.
(d) The time and place of the sale.
(e) An itemized statement of the amount due.
(f) A statement that the die, mold, or form was accepted and the acceptance was not subsequently rejected.
(2) If there is no return of the receipt of the mailing or if the postal service returns the notice as being nondeliverable, the moldbuilder shall publish notice of the moldbuilder's intention to sell the die, mold, or form in a newspaper of general circulation in the place where the die, mold, or form is last known to be located, in the place of the customer's last known address, and in the place of the molder's last known address. The published notice shall include a description of the die, mold, or form and the name of the customer and the molder.
(3) If a customer or molder against whom the lien is asserted disagrees that the die, mold, or form was accepted or that the acceptance was not subsequently rejected, the customer or molder shall notify the moldbuilder in writing by certified mail, return receipt requested, that the die, mold, or form was not accepted or that the acceptance was subsequently rejected. A moldbuilder who receives this notice shall not sell the die, mold, or form until the dispute is resolved.
History:
Add. 2002, Act 17, Imd. Eff. Mar. 1, 2002
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 155 of 1981 - Ownership Rights in Dies, Molds, and Forms (445.611 - 445.620c) › Section 445.620c - Sale; Proceeds; Prohibition.

445.620c Sale; proceeds; prohibition.
Sec. 10c.
(1) If the proceeds of the sale are greater than the amount of the lien, the proceeds shall first be paid to the moldbuilder in the amount necessary to satisfy the lien. All proceeds in excess of the lien shall be paid to the customer.
(2) A sale shall not be made or possession shall not be obtained under section 10a if it would be in violation of any right of a customer or molder under federal patent, bankruptcy, or copyright law.
History:
Add. 2002, Act 17, Imd. Eff. Mar. 1, 2002
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 362 of 1982 - Direct Molding Process (445.621 - 445.624) › Section 445.621 - “Direct Molding Process” Defined.

445.621 “Direct molding process” defined.
Sec. 1.
As used in this act, "direct molding process" means any manufacturing process in which an original product is used as a pattern for making a mold which mold is used to manufacture copies of that product.
History:
1982, Act 362, Eff. Mar. 30, 1983
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 362 of 1982 - Direct Molding Process (445.621 - 445.624) › Section 445.622 - Prohibited Conduct.

445.622 Prohibited conduct.
Sec. 2.
(1) A person shall not manufacture for the purpose of sale, by use of a direct molding process, a product manufactured by another person without the permission of that other person.
(2) A person shall not sell a product manufactured in violation of subsection (1).
History:
1982, Act 362, Eff. Mar. 30, 1983
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 362 of 1982 - Direct Molding Process (445.621 - 445.624) › Section 445.623 - Civil Action for Injunctive Relief; Damages, Attorney's Fees, and Costs.

445.623 Civil action for injunctive relief; damages, attorney's fees, and costs.
Sec. 3.
A person injured by a violation of this act may bring a civil action for injunctive relief. In addition, an injured person is entitled to actual damages caused by the violation, reasonable attorney's fees, and costs.
History:
1982, Act 362, Eff. Mar. 30, 1983
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 362 of 1982 - Direct Molding Process (445.621 - 445.624) › Section 445.624 - Applicability of Act.

445.624 Applicability of act.
Sec. 4.
This act shall not apply to a product which is manufactured using a mold made before January 1, 1983.
History:
1982, Act 362, Eff. Mar. 30, 1983
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 388 of 2008 - Beverage Container Redemption Antifraud Act (445.631 - 445.643) › Section 445.631 - Short Title.

445.631 Short title.
Sec. 1.
This act shall be known and may be cited as the "beverage container redemption antifraud act".
History:
2008, Act 388, Imd. Eff. Dec. 29, 2008
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 388 of 2008 - Beverage Container Redemption Antifraud Act (445.631 - 445.643) › Section 445.633 - Definitions.

445.633 Definitions.
Sec. 3.
As used in this act:
(a) "Beverage container law" means 1976 IL 1, MCL 445.571 to 445.576.
(b) "Dealer" means that term as defined in section 1 of the beverage container law, MCL 445.571.
(c) "Department" means the department of treasury.
(d) "Designated glass container", "designated metal container", and "designated plastic container" mean those terms as defined in the reverse vending machine antifraud act.
(e) "Fund" means the beverage container redemption antifraud fund created in section 7.
(f) "Install vision technology" means to equip an existing, new, or replacement reverse vending machine with vision technology for designated metal, plastic, or glass containers, including all reasonable and necessary technology, equipment, hardware, software, and labor, and 1 year of service directly related to the vision technology by the reverse vending machine vendor.
(g) "Overredeemer" means that term as defined in section 3b of the beverage container law, MCL 445.573b.
(h) "Retrofit" means to install vision technology for designated metal, plastic, or glass beverage containers in an existing, new, or replacement reverse vending machine.
(i) "Reverse vending machine" means that term as defined in the reverse vending machine antifraud act.
(j) "Reverse vending machine manufacturer" means that term as defined in the reverse vending machine antifraud act.
(k) "Vision technology" means that term as defined in the reverse vending machine antifraud act.
History:
2008, Act 388, Imd. Eff. Dec. 29, 2008
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 388 of 2008 - Beverage Container Redemption Antifraud Act (445.631 - 445.643) › Section 445.636 - Establishment of New Retail Store in County Bordering Another State or in Lower Peninsula Contiguous With County Bordering Another State; Installation of Vision Technology; Requirements.

445.636 Establishment of new retail store in county bordering another state or in Lower Peninsula contiguous with county bordering another state; installation of vision technology; requirements.
Sec. 6.
(1) If a dealer establishes a new retail store in a county of this state that borders another state, or in a county in the Lower Peninsula that is contiguous with a county of this state that borders another state, and acquires new reverse vending machines for use in that store, the department shall pay the reverse vending machine manufacturer to install vision technology in those new reverse vending machines that meets the requirements of the reverse vending machine antifraud act.
(2) All of the following apply if a dealer purchases new reverse vending machines from a reverse vending machine manufacturer for use in a new retail store in a county described in subsection (1):
(a) The reverse vending machine manufacturer shall submit an application for payment in the form prescribed by the department. The reverse vending machine manufacturer shall include with the application a copy of the dealer's purchase order for the new reverse vending machines.
(b) A reverse vending machine manufacturer may not apply money received under this subsection to the purchase price of a new reverse vending machine that does not meet the requirements of the reverse vending machine antifraud act.
(c) The dealer shall operate the new reverse vending machine at the retail store for which it was acquired. However, if the dealer ceases retail sale of beverages in beverage containers at that new store, the dealer may move that reverse vending machine to another location and operate the reverse vending machine at that different location.
(d) The amount of a payment to a reverse vending machine manufacturer under this section shall not exceed that part of the price of the new reverse vending machine attributable to the cost of installation of the machine's vision technology or $5,000.00, whichever is less. The reverse vending machine manufacturer must reduce the purchase price of the new reverse vending machine to the dealer by the amount of any payment to the reverse vending machine manufacturer under this subdivision.
History:
2008, Act 388, Imd. Eff. Dec. 29, 2008
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 388 of 2008 - Beverage Container Redemption Antifraud Act (445.631 - 445.643) › Section 445.639 - Payment Amount; Purchase or Lease.

445.639 Payment amount; purchase or lease.
Sec. 9.
(1) The amount of payment a reverse vending machine manufacturer may receive under section 7 for retrofitting a single reverse vending machine under section 5 is the total cost of retrofitting that reverse vending machine or $5,000.00, whichever is less.
(2) A dealer that operates a reverse vending machine at a location in a county of this state that borders another state, or in a county in the Lower Peninsula that is contiguous with a county of this state that borders another state, may elect to purchase or lease a new reverse vending machine that meets the requirements of the reverse vending machine antifraud act to replace that existing reverse vending machine rather than have that existing reverse vending machine retrofitted under section 5. All of the following apply if a dealer purchases or leases a new reverse vending machine from a reverse vending machine manufacturer under this subsection:
(a) The reverse vending machine manufacturer shall submit an application for payment in the form prescribed by the department. The reverse vending machine manufacturer shall include with the application a copy of the dealer's purchase order for the new reverse vending machine.
(b) A reverse vending machine manufacturer may not apply money received under this subsection to the purchase price of a new reverse vending machine that does not meet the requirements of the reverse vending machine antifraud act.
(c) The dealer shall operate the new reverse vending machine at the same location as the reverse vending machine it replaces. However, if the dealer ceases retail sale of beverages in beverage containers at that location, the dealer may move that reverse vending machine to another location and operate the reverse vending machine at that different location.
(d) The amount of a payment to a reverse vending machine manufacturer under this section shall not exceed that part of the price of the new reverse vending machine attributable to the cost of installation of the machine's vision technology or $5,000.00, whichever is less. The reverse vending machine manufacturer must reduce the purchase price of the new reverse vending machine to the dealer by the amount of any payment to the reverse vending machine manufacturer under this subdivision.
(e) The reverse vending machine manufacturer may not apply for or receive payment under this act for retrofitting a reverse vending machine if the reverse vending machine manufacturer received money for a new reverse vending machine to replace that existing reverse vending machine under this subsection.
(f) For purposes of this act, the department shall consider the replacement of a reverse vending machine with a new reverse vending machine under this section as a retrofitting of a reverse vending machine.
History:
2008, Act 388, Imd. Eff. Dec. 29, 2008
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 388 of 2008 - Beverage Container Redemption Antifraud Act (445.631 - 445.643) › Section 445.641 - Distribution of Money Left in Fund.

445.641 Distribution of money left in fund.
Sec. 11.
If the department determines that it has paid the reverse vending machine manufacturers for retrofitting all of the reverse vending machines located in the counties described in section 7(2), and for the acquisition of any new reverse vending machines under section 6 for use in those counties for which it has received applications for payment, and the total of those payments is less than the amount in the fund, the department shall distribute the money remaining in the fund to dealers for the purchase of new reverse vending machines. All of the following apply to a payment of money under this section:
(a) A dealer requesting money under this section shall submit an application for payment, in the form prescribed by the department.
(b) A dealer shall only use money received under this section to purchase a new reverse vending machine that meets the requirement of the reverse vending machine antifraud act and that the dealer will operate that reverse vending machine at a location in this state.
(c) The amount of a payment to a dealer under this section shall not exceed that part of the price of the new reverse vending machine attributable to the cost of installation of the machine's vision technology, as determined by the department.
(d) The department shall disburse money from the fund under this section in the order in which it receives applications for payment under this section.
History:
2008, Act 388, Imd. Eff. Dec. 29, 2008
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 388 of 2008 - Beverage Container Redemption Antifraud Act (445.631 - 445.643) › Section 445.643 - Report.

445.643 Report.
Sec. 13.
(1) No later than 60 days after the effective date of this act, each dealer that operates reverse vending machines that are located in any county of this state that borders another state, or any county in the Lower Peninsula that is contiguous with a county of this state that borders another state, shall submit a report to the department.
(2) The report described in subsection (1) shall contain all of the following information:
(a) Contact information for the dealer.
(b) The street address and county of each location in the counties described in subsection (1) where the dealer uses reverse vending machines.
(c) The number of reverse vending machines used by the dealer at each location described in subdivision (b) and the type of beverage containers each of those reverse vending machines accepts.
(d) The number of beverage containers sold and the number of beverage containers redeemed by the dealer under the beverage container law in the preceding calendar year at each of the locations described in subdivision (b).
(3) The department shall prescribe the form of the report described in subsection (1).
History:
2008, Act 388, Imd. Eff. Dec. 29, 2008
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 387 of 2008 - Reverse Vending Machine Antifraud Act (445.651 - 445.669) › Section 445.651 - Short Title.

445.651 Short title.
Sec. 1.
This act shall be known and may be cited as the "reverse vending machine antifraud act".
History:
2008, Act 387, Eff. Dec. 1, 2009
Compiler's Notes:
Enacting section 1 of Act 387 of 2008 provides:"Enacting section 1. This act takes effect on the date that deposits into the beverage container redemption antifraud fund created in the beverage container redemption antifraud act from money appropriated by the legislature equal or exceed $1,000,000.00."
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 387 of 2008 - Reverse Vending Machine Antifraud Act (445.651 - 445.669) › Section 445.655 - Installation of Vision Technology.

445.655 Installation of vision technology.
Sec. 5.
Not later than 450 days after the effective date of this act, a reverse vending machine manufacturer shall begin installing vision technology into a sufficient sample of reverse vending machines that process glass beverage containers and plastic beverage containers and conducting testing of that vision technology in a commercial environment or other testing environment that is substantially similar to a commercial environment.
History:
2008, Act 387, Eff. Dec. 1, 2009
Compiler's Notes:
Enacting section 1 of Act 387 of 2008 provides:"Enacting section 1. This act takes effect on the date that deposits into the beverage container redemption antifraud fund created in the beverage container redemption antifraud act from money appropriated by the legislature equal or exceed $1,000,000.00."
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 387 of 2008 - Reverse Vending Machine Antifraud Act (445.651 - 445.669) › Section 445.657 - Reverse Vending Machine Used in County That Borders Another State or County in Lower Peninsula Contiguous With County That Borders Another State; Processing Metal Beverage Containers; Requirements; Extension of Date.

445.657 Reverse vending machine used in county that borders another state or county in Lower Peninsula contiguous with county that borders another state; processing metal beverage containers; requirements; extension of date.
Sec. 7.
(1) Subject to subsection (2), beginning 360 days after the effective date of this act, a reverse vending machine manufacturer shall not lease, sell, or otherwise transfer a reverse vending machine that processes metal beverage containers for use in any county of this state that borders another state, or any county in the Lower Peninsula that is contiguous with a county of this state that borders another state, and a dealer shall not use a reverse vending machine that processes metal beverage containers in any of those counties, if the reverse vending machine does not meet the following standards:
(a) It identifies at least 85% of appropriately marked and legible designated metal containers that are or are not nonreturnable containers, and authorizes or provides a refund only for those containers identified as returnable containers or refuses to provide or authorize a refund for those containers identified as nonreturnable containers.
(b) It maintains accurate data concerning the number of beverage containers accepted by that reverse vending machine, categorized according to the distributor of those beverage containers.
(2) If a reverse vending machine manufacturer demonstrates to the department's satisfaction that material and technical issues prevent the reverse vending machine manufacturer from meeting the requirements of subsection (1) by the date described in that subsection, the department may grant an extension of that date of not more than 180 days.
History:
2008, Act 387, Eff. Dec. 1, 2009
Compiler's Notes:
Enacting section 1 of Act 387 of 2008 provides:"Enacting section 1. This act takes effect on the date that deposits into the beverage container redemption antifraud fund created in the beverage container redemption antifraud act from money appropriated by the legislature equal or exceed $1,000,000.00."
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 387 of 2008 - Reverse Vending Machine Antifraud Act (445.651 - 445.669) › Section 445.659 - Reverse Vending Machine Used in County That Borders Another State or County in Lower Peninsula Contiguous With County That Borders Another State; Processing Glass or Plastic Beverage Containers; Requirements; Extension of Date.

445.659 Reverse vending machine used in county that borders another state or county in Lower Peninsula contiguous with county that borders another state; processing glass or plastic beverage containers; requirements; extension of date.
Sec. 9.
(1) Subject to subsection (2), beginning 720 days after the effective date of this act, a reverse vending machine manufacturer shall not lease, sell, or otherwise transfer a reverse vending machine that processes glass beverage containers or plastic beverage containers for use in any county of this state that borders another state, or any county in the Lower Peninsula that is contiguous with a county of this state that borders another state, and a dealer shall not use a reverse vending machine that processes glass beverage containers or plastic beverage containers in any of those counties, if the reverse vending machine does not meet the following standards:
(a) It identifies at least 85% of appropriately marked and legible designated glass containers and designated plastic containers that are or are not nonreturnable containers, and authorizes or provides a refund only for those containers identified as returnable containers or refuses to provide or authorize a refund for those containers identified as nonreturnable containers.
(b) It maintains accurate data concerning the number of beverage containers accepted by that reverse vending machine, categorized according to the distributor of those beverage containers.
(2) If a reverse vending machine manufacturer demonstrates to the department's satisfaction that material and technical issues prevent the reverse vending machine manufacturer from meeting the requirements of subsection (1) by the date described in that subsection, the department may grant an extension of that date of not more than 180 days. The department may grant a second extension of not more than an additional 180 days, but only if the department determines that the reverse vending machine manufacturer gave its best effort to meeting the requirements of subsection (1) before the end of the first extension.
History:
2008, Act 387, Eff. Dec. 1, 2009
Compiler's Notes:
Enacting section 1 of Act 387 of 2008 provides:"Enacting section 1. This act takes effect on the date that deposits into the beverage container redemption antifraud fund created in the beverage container redemption antifraud act from money appropriated by the legislature equal or exceed $1,000,000.00."
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 387 of 2008 - Reverse Vending Machine Antifraud Act (445.651 - 445.669) › Section 445.661 - Change, Alteration, or Modification; Prohibitions.

445.661 Change, alteration, or modification; prohibitions.
Sec. 11.
A person shall not change, alter, or modify a reverse vending machine used or intended for use in this state in a manner designed to prevent the reverse vending machine from meeting the standards described in section 7(1) or 9(1). A person shall not assist another person's efforts to change, alter, or modify a reverse vending machine used or intended for use in this state in a manner designed to prevent the reverse vending machine from meeting the standards described in section 7(1) or 9(1).
History:
2008, Act 387, Eff. Dec. 1, 2009
Compiler's Notes:
Enacting section 1 of Act 387 of 2008 provides:"Enacting section 1. This act takes effect on the date that deposits into the beverage container redemption antifraud fund created in the beverage container redemption antifraud act from money appropriated by the legislature equal or exceed $1,000,000.00."
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 387 of 2008 - Reverse Vending Machine Antifraud Act (445.651 - 445.669) › Section 445.663 - Fraudulent Change, Alteration, or Modification; Data; Retention; Availability for Inspection.

445.663 Fraudulent change, alteration, or modification; data; retention; availability for inspection.
Sec. 13.
(1) A person shall not fraudulently change, alter, or modify data described in section 7(1) or 9(1) or assist another person's efforts to fraudulently change, alter, or modify data described in section 7(1) or 9(1).
(2) Each dealer shall retain the data described in sections 7(1) and 9(1) for at least 2 years, shall make any of that data concerning brands distributed by a distributor that provides a refund to the dealer under section 2(6) of the beverage container law, MCL 445.572, available for inspection by that distributor, and shall provide copies of that data to that distributor on request.
History:
2008, Act 387, Eff. Dec. 1, 2009
Compiler's Notes:
Enacting section 1 of Act 387 of 2008 provides:"Enacting section 1. This act takes effect on the date that deposits into the beverage container redemption antifraud fund created in the beverage container redemption antifraud act from money appropriated by the legislature equal or exceed $1,000,000.00."
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 387 of 2008 - Reverse Vending Machine Antifraud Act (445.651 - 445.669) › Section 445.665 - Inspection; Investigation of Complaint; Notice of Violation; Installation or Update to Comply With Requirements.

445.665 Inspection; investigation of complaint; notice of violation; installation or update to comply with requirements.
Sec. 15.
(1) Each dealer shall allow the department and any law enforcement agency to inspect the dealer's reverse vending machines and the data described in sections 7(1) and 9(1) for the purpose of enforcing this act.
(2) If the department receives a complaint of a violation of this act, the department shall investigate to determine if a violation of this act has occurred.
(3) If the department determines or discovers that a violation of this act has occurred, the department shall notify the appropriate law enforcement agency of the violation.
(4) The department shall not require that a dealer or reverse vending machine manufacturer install or update a reverse vending machine to meet the requirements of section 7(1) or 9(1) unless the department first establishes under the beverage container redemption antifraud act that the dealer must install or retrofit the reverse vending machines at a retail location in order to meet the requirements of section 7(1) or 9(1) and makes money available for that installation or update under the beverage container redemption antifraud act.
History:
2008, Act 387, Eff. Dec. 1, 2009
Compiler's Notes:
Enacting section 1 of Act 387 of 2008 provides:"Enacting section 1. This act takes effect on the date that deposits into the beverage container redemption antifraud fund created in the beverage container redemption antifraud act from money appropriated by the legislature equal or exceed $1,000,000.00."
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 387 of 2008 - Reverse Vending Machine Antifraud Act (445.651 - 445.669) › Section 445.667 - Violations; Penalties; Restitution.

445.667 Violations; penalties; restitution.
Sec. 17.
(1) A person who violates section 11 or 13(1) is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $10,000.00, or both.
(2) Except as provided in subsection (1), and subject to subsections (3) and (4), a person that violates this act is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $5,000.00, or both.
(3) A dealer or reverse vending machine manufacturer is not considered in violation of section 7(1) or 9(1) if the department has not made money available to the reverse vending machine manufacturer under the beverage container redemption antifraud act to update the dealer's reverse vending machines.
(4) A dealer is not considered in violation of the requirements imposed on a dealer in section 7(1) or 9(1) if the dealer is using the reverse vending machines of a reverse vending machine manufacturer and the reverse vending machines of that reverse vending machine manufacturer cannot be retrofitted due to the lack of technology to meet the standards described in subdivisions (a) and (b) of section 7(1) or 9(1).
(5) In addition to the penalty imposed under subsection (1) or (2), a court shall order a person convicted of a violation of this act to make restitution to this state and to any dealer or distributor for any loss caused by the violation.
History:
2008, Act 387, Eff. Dec. 1, 2009
Compiler's Notes:
Enacting section 1 of Act 387 of 2008 provides:"Enacting section 1. This act takes effect on the date that deposits into the beverage container redemption antifraud fund created in the beverage container redemption antifraud act from money appropriated by the legislature equal or exceed $1,000,000.00."
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 387 of 2008 - Reverse Vending Machine Antifraud Act (445.651 - 445.669) › Section 445.669 - Report.

445.669 Report.
Sec. 19.
Within 4 years after the effective date of this act, the department shall provide a written report to the governor, the speaker of the house of representatives, and the senate majority leader. The report shall include a status report concerning the implementation of this act and the beverage container redemption antifraud act, the department's analysis of the effectiveness of these acts in reducing the redemption of nonreturnable containers in this state, the department's recommendation concerning whether the requirements of sections 7(1) and 9(1) should be extended to apply to reverse vending machines located in areas of the state not included in those sections, and any other recommendations the department may have for changes to these acts or other legislative action to reduce the redemption of nonreturnable containers in this state.
History:
2008, Act 387, Eff. Dec. 1, 2009
Compiler's Notes:
Enacting section 1 of Act 387 of 2008 provides:"Enacting section 1. This act takes effect on the date that deposits into the beverage container redemption antifraud fund created in the beverage container redemption antifraud act from money appropriated by the legislature equal or exceed $1,000,000.00."
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Repealed - Act 255 of 1899 - Trusts, Monopolies, and Combinations (445.701 - 445.712)

TRUSTS, MONOPOLIES, AND COMBINATIONS
Act 255 of 1899
445.701-445.712 Repealed. 1984, Act 274, Eff. Mar. 29, 1985.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Repealed - Act 229 of 1905 - Contracts in Restraint of Trade (445.731 - 445.736)

CONTRACTS IN RESTRAINT OF TRADE
Act 229 of 1905
445.731-445.736 Repealed. 1984, Act 274, Eff. Mar. 29, 1985.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Repealed - Act 329 of 1905 - Contracts and Combinations in Restraint of Trade (445.761 - 445.767)

CONTRACTS AND COMBINATIONS IN RESTRAINT OF TRADE
Act 329 of 1905
445.761-445.767 Repealed. 1984, Act 274, Eff. Mar. 29, 1985.
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 274 of 1984 - Michigan Antitrust Reform Act (445.771 - 445.788) › Section 445.771 - Definitions.

445.771 Definitions.
Sec. 1.
As used in this act:
(a) "Person" means an individual, corporation, business trust, partnership, association, or any other legal entity.
(b) "Relevant market" means the geographical area of actual or potential competition in a line of trade or commerce, all or any part of which is within this state.
(c) "Trade or commerce" means the conduct of a business for profit or not for profit producing or providing goods, commodities, property, or services and includes, without limitation, advertising, franchising, solicitation, offering for sale, lease, or distribution of a service or property, tangible or intangible, real, personal or mixed, or any other article of commerce.
(d) "Unit of government" means this state or an agency, instrumentality, political subdivision, or public corporation of this state, including but not limited to municipal corporations, quasi-municipal corporations, and authorities, and including their officials, employees, and agents when acting in their official capacity.
History:
1984, Act 274, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 274 of 1984 - Michigan Antitrust Reform Act (445.771 - 445.788) › Section 445.772 - Unlawful Contract, Combination, or Conspiracy.

445.772 Unlawful contract, combination, or conspiracy.
Sec. 2.
A contract, combination, or conspiracy between 2 or more persons in restraint of, or to monopolize, trade or commerce in a relevant market is unlawful.
History:
1984, Act 274, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 274 of 1984 - Michigan Antitrust Reform Act (445.771 - 445.788) › Section 445.773 - Unlawful Monopoly.

445.773 Unlawful monopoly.
Sec. 3.
The establishment, maintenance, or use of a monopoly, or any attempt to establish a monopoly, of trade or commerce in a relevant market by any person, for the purpose of excluding or limiting competition or controlling, fixing, or maintaining prices, is unlawful.
History:
1984, Act 274, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 274 of 1984 - Michigan Antitrust Reform Act (445.771 - 445.788) › Section 445.774 - Labor as Commodity or Article of Commerce; Organizations for Mutual Help; Acts or Conduct of Governmental Unit; Authorized Transactions or Conduct; Unlawful Transactions or Conduct Subject to Regulatory Scheme; Transactions or Conduct Reducing Cost of Health Care; Enforcement of Federal Antitrust Act.

445.774 Labor as commodity or article of commerce; organizations for mutual help; acts or conduct of governmental unit; authorized transactions or conduct; unlawful transactions or conduct subject to regulatory scheme; transactions or conduct reducing cost of health care; enforcement of federal antitrust act.
Sec. 4.
(1) Labor of a human being is not a commodity or an article of commerce.
(2) This act shall not be construed to forbid the existence and operation of any labor, agricultural, or horticultural organization instituted for the purpose of mutual help, while lawfully carrying out its legitimate objects.
(3) This act shall not be construed to prohibit, invalidate, or make unlawful any act or conduct of any unit of government, when the unit of government is acting in a subject matter area in which it is authorized by law to act, except for purposes of conducting an investigation and the obtaining of appropriate injunctive or other equitable relief, other than civil penalties, pursuant to section 7.
(4) This act shall not apply to a transaction or conduct specifically authorized under the laws of this state or the United States, or specifically authorized under laws, rules, regulations, or orders administered, promulgated, or issued by a regulatory agency, board, or officer acting under statutory authority of this state or the United States.
(5) A transaction or conduct made unlawful by this act shall not be construed to violate this act where it is the subject of a legislatively mandated pervasive regulatory scheme, including but not limited to, the insurance code of 1956, being sections 500.100 to 500.8302 of the Michigan Compiled Laws, which confers exclusive jurisdiction on a regulatory board or officer to authorize, prohibit or regulate the transaction or conduct.
(6) This act shall not apply to a transaction or conduct of an authorized health maintenance corporation, health insurer, medical care corporation, or health service corporation or health care corporation when the transaction or conduct is to reduce the cost of health care and is permitted by the commissioner. This subsection shall not affect the enforcement of the federal antitrust act by federal courts or federal agencies.
History:
1984, Act 274, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 274 of 1984 - Michigan Antitrust Reform Act (445.771 - 445.788) › Section 445.774a - Agreement or Covenant Protecting Business Interests of Employer; Applicability of Section.

445.774a Agreement or covenant protecting business interests of employer; applicability of section.
Sec. 4a.
(1) An employer may obtain from an employee an agreement or covenant which protects an employer's reasonable competitive business interests and expressly prohibits an employee from engaging in employment or a line of business after termination of employment if the agreement or covenant is reasonable as to its duration, geographical area, and the type of employment or line of business. To the extent any such agreement or covenant is found to be unreasonable in any respect, a court may limit the agreement to render it reasonable in light of the circumstances in which it was made and specifically enforce the agreement as limited.
(2) This section shall apply to covenants and agreements which are entered into after March 29, 1985.
History:
Add. 1987, Act 243, Imd. Eff. Dec. 28, 1987
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 274 of 1984 - Michigan Antitrust Reform Act (445.771 - 445.788) › Section 445.775 - Venue.

445.775 Venue.
Sec. 5.
An action for violation of this act shall be brought in a circuit court where venue is proper without regard to the amount in controversy.
History:
1984, Act 274, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 274 of 1984 - Michigan Antitrust Reform Act (445.771 - 445.788) › Section 445.777 - Action by Attorney General or Prosecuting Attorney for Injunctive or Other Equitable Relief and Civil Penalties; Assessment of Penalty.

445.777 Action by attorney general or prosecuting attorney for injunctive or other equitable relief and civil penalties; assessment of penalty.
Sec. 7.
The attorney general or a prosecuting attorney, with the permission of, or at the request of, the attorney general, may bring an action for appropriate injunctive or other equitable relief and civil penalties in the name of the state for a violation of this act. The court may assess for benefit of the state a civil penalty of not more than $50,000. 00 for each violation of this act.
History:
1984, Act 274, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 274 of 1984 - Michigan Antitrust Reform Act (445.771 - 445.788) › Section 445.778 - Action by State, Political Subdivision, Public Agency, or Other Person for Injunctive or Other Equitable Relief, Actual Damages, Interest, Costs and Attorney's Fees; Effect of Flagrant Violation.

445.778 Action by state, political subdivision, public agency, or other person for injunctive or other equitable relief, actual damages, interest, costs and attorney's fees; effect of flagrant violation.
Sec. 8.
(1) The state, a political subdivision, or any public agency threatened with injury or injured directly or indirectly in its business or property by a violation of this act may bring an action for appropriate injunctive or other equitable relief, actual damages sustained by reason of a violation of this act, and, as determined by the court, interest on the damages from the date of the complaint, taxable costs, and reasonable attorney's fees.
(2) Any other person threatened with injury or injured directly or indirectly in his or her business or property by a violation of this act may bring an action for appropriate injunctive or other equitable relief against immediate irreparable harm, actual damages sustained by reason of a violation of this act, and, as determined by the court, interest on the damages from the date of the complaint, taxable costs, and reasonable attorney's fees. If the trier of fact finds that the violation is flagrant, it may increase recovery to an amount not in excess of 3 times the actual damages sustained by reason of a violation of this act.
History:
1984, Act 274, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 274 of 1984 - Michigan Antitrust Reform Act (445.771 - 445.788) › Section 445.779 - Violation as Misdemeanor; Penalty; Criminal Prosecution.

445.779 Violation as misdemeanor; penalty; criminal prosecution.
Sec. 9.
A person who engages in any violation of section 2 or 3 with the intent to accomplish a result prohibited by this act shall be guilty of a misdemeanor, punishable by imprisonment of not more than 2 years or a fine of not more than $10,000.00, or both, if an individual, or not more than $1,000,000.00 if a person other than an individual. A criminal prosecution shall not be brought under this section if a prior criminal prosecution has been initiated under the Sherman act arising out of the same transactions or occurrences.
History:
1984, Act 274, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 274 of 1984 - Michigan Antitrust Reform Act (445.771 - 445.788) › Section 445.780 - Final Judgment or Decree as Prima Facie Evidence; Application of Collateral Estoppel or Issue Preclusion.

445.780 Final judgment or decree as prima facie evidence; application of collateral estoppel or issue preclusion.
Sec. 10.
A final judgment or decree determining that a person has violated this act in an action brought by the state under section 7, 8(1), or 9 other than a consent judgment or decree entered before any testimony has been taken, is prima facie evidence against the person in any other action against the person under section 8 as to all matters with respect to which the judgment or decree would be an estoppel between the parties to the action. This section does not affect the application of collateral estoppel or issue preclusion.
History:
1984, Act 274, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 274 of 1984 - Michigan Antitrust Reform Act (445.771 - 445.788) › Section 445.781 - Limitations.

445.781 Limitations.
Sec. 11.
(1) An action under section 7 or 9 is barred if not commenced within 4 years after the claim of relief or cause of action accrues.
(2) An action to recover damages under section 8 is barred if not commenced within 4 years after the claim for relief or cause of action accrues, or within 1 year after the conclusion of any timely action brought by the state under section 7, 8(1), or 9 which is based in whole or in part on any matter complained of in the action for damages, whichever is later.
History:
1984, Act 274, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 274 of 1984 - Michigan Antitrust Reform Act (445.771 - 445.788) › Section 445.782 - Remedies Cumulative.

445.782 Remedies cumulative.
Sec. 12.
The remedies provided in this act are cumulative.
History:
1984, Act 274, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 274 of 1984 - Michigan Antitrust Reform Act (445.771 - 445.788) › Section 445.783 - Order Requiring Witness to Give Testimony or Other Information; Immunity.

445.783 Order requiring witness to give testimony or other information; immunity.
Sec. 13.
If a witness has been or may be called to testify or provide other information at any proceeding relating to or under this act, the circuit court for the county in which the proceeding is or may be held may issue, upon application of the attorney general or a prosecuting attorney, with the permission of, or at the request of, the attorney general, which asserts that in his or her judgment the testimony or other information may be necessary to the public interest and the witness has or is likely to refuse to testify, an order requiring the witness to give testimony or provide other information which the witness refuses to give or provide on the basis of the privilege against self-incrimination, if the court provides in its order that the witness shall not be prosecuted or subjected to any penalty or forfeiture for, or on account of, any transaction, occurrence, matter, or thing to which the witness testifies or provides other information or evidence, documentary or otherwise, and that the testimony, information, or evidence shall not be used against the witness, in any criminal investigation, proceeding, or trial, except a prosecution for perjury for giving a false statement or for otherwise failing to comply with the order.
History:
1984, Act 274, Eff. Mar. 29, 1985