reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 91 of 1915 - Market Conditions (285.31 - 285.39) › Section 285.31 - Investigation of Market Conditions; Director and Employes.

285.31 Investigation of market conditions; director and employes.
Sec. 1.
That the state board of agriculture is hereby authorized to undertake the investigation and improvement of market conditions for Michigan products and appoint a competent and experienced person as director of markets and such other competent and experienced persons as may be necessary to carry out the intent of this act. The state board of agriculture shall direct and control the purposes of this act and fix the compensation of directors and employes.
History:
1915, Act 91, Eff. Aug. 24, 1915 ;-- CL 1915, 7918 ;-- CL 1929, 5033 ;-- CL 1948, 285.31
Compiler's Notes:
The office of market director was abolished and the powers and duties thereof transferred to the state department of agriculture. See MCL 285.2.
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 91 of 1915 - Market Conditions (285.31 - 285.39) › Section 285.32 - Director; Duties, Powers, Assistance to Cooperative Associations.

285.32 Director; duties, powers, assistance to cooperative associations.
Sec. 2.
The director of markets shall investigate production and marketing farm products and for the exercise of such authority shall have the power to summon witnesses, issue subpoenas, compel attendance of witnesses and the production of evidence. The director of markets shall assist in organization of cooperative and other associations for improving the relations and services among producers, distributors and consumers and afford them such services under adequate rules and regulations as relate to standardizing, grading, packing, handling, storage and sale of products within the state of Michigan not contrary to law, and enforce such rules and regulations by actions or proceedings in any court of competent jurisdiction.
History:
1915, Act 91, Eff. Aug. 24, 1915 ;-- CL 1915, 7919 ;-- CL 1929, 5034 ;-- CL 1948, 285.32
Admin Rule:
R 285.523.1 et seq. and R 285.537.1 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 91 of 1915 - Market Conditions (285.31 - 285.39) › Section 285.32a - “Farm Product” Defined; Permissive Grading System; Compliance With MCL 289.701 Et Seq. and MCL 290.601 Et Seq.

285.32a “Farm product” defined; permissive grading system; compliance with MCL 289.701 et seq. and MCL 290.601 et seq.
Sec. 2a.
(1) For purposes of this section and sections 2b and 2c, "farm product" means fresh fruit or vegetables.
(2) The director of markets shall not impose any mandatory system of grading on a farm product subject to this act. However, a person producing, distributing, or selling a farm product may identify a farm product as conforming to a grade or grading system if either of the following conditions are met:
(a) The grade or grading system conforms with either of the following:
(i) The standards established by the secretary of the United States Department of Agriculture.
(ii) The standards described in section 2b.
(b) The grade or grading system used by the person has been approved by the department of agriculture as at least comparable to the grading system described in section 2b and has been registered with the department.
(3) The permissive grading system provided by this section and sections 2b and 2c does not apply to table stock potatoes subject to Act No. 220 of the Public Acts of 1929, as amended, being sections 290.151 to 290.162 of the Michigan Compiled Laws.
(4) A person who identifies a farm product according to the permissive grading system provided in this section and sections 2b and 2c shall comply, in addition, with all of the applicable labeling requirements of the Michigan food law of 1968, Act No. 39 of the Public Acts of 1968, being sections 289.701 to 289.727 of the Michigan Compiled Laws, and the weights and measures act of 1964, Act No. 283 of the Public Acts of 1964, being sections 290.601 to 290.634 of the Michigan Compiled Laws.
History:
Add. 1985, Act 83, Imd. Eff. July 5, 1985
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 91 of 1915 - Market Conditions (285.31 - 285.39) › Section 285.32c - Representations on Face of Container; Overfacing Container as Violation of Act.

285.32c Representations on face of container; overfacing container as violation of act.
Sec. 2c.
The shown face of a container of farm products shall represent accurately the size, shape, color, and overall quality of the remaining contents of the container. Overfacing a container of farm products is a violation of this act.
History:
Add. 1985, Act 83, Imd. Eff. July 5, 1985
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 91 of 1915 - Market Conditions (285.31 - 285.39) › Section 285.33 - Director; Information to Producers.

285.33 Director; information to producers.
Sec. 3.
The director of markets shall give information to Michigan producers on the market conditions in the various states of the union.
History:
1915, Act 91, Eff. Aug. 24, 1915 ;-- CL 1915, 7920 ;-- CL 1929, 5035 ;-- CL 1948, 285.33
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 91 of 1915 - Market Conditions (285.31 - 285.39) › Section 285.34 - Director; Cooperation With United States; Auction Markets.

285.34 Director; cooperation with United States; auction markets.
Sec. 4.
The director of markets is hereby authorized to cooperate with the United States department of agriculture through any of its agents or employes, and also with any of the joint agents or agencies of the United States and those employed or controlled by the state board of agriculture in market and food investigations, organization, standardizing, grading, packing, handling, storage and sale of products, and to provide for auction markets and licensed auctioneers within the state of Michigan, or otherwise in such manner as may be deemed advisable under established rules of safe-guarding the distribution of farm products and fix reasonable charges or fees for services rendered in the sale of products.
History:
1915, Act 91, Eff. Aug. 24, 1915 ;-- CL 1915, 7921 ;-- CL 1929, 5036 ;-- CL 1948, 285.34
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 91 of 1915 - Market Conditions (285.31 - 285.39) › Section 285.35 - Director; Schedule of Fees, Basis, Deposit to General Fund.

285.35 Director; schedule of fees, basis, deposit to general fund.
Sec. 5.
The director of markets shall adopt and may amend from time to time schedules of fees to be charged for standardizing and standard labels for inspection at receiving, shipping or distributing centers or such other services as may be rendered under this act. All such fees shall be made with a view to the minimum cost and to make this department self-sustaining. All fees shall be turned into the state treasury and any accumulated balance as of June 30, 1949, shall be credited to the general fund.
History:
1915, Act 91, Eff. Aug. 24, 1915 ;-- CL 1915, 7922 ;-- CL 1929, 5037 ;-- Am. 1937, Act 322, Eff. Oct. 29, 1937 ;-- CL 1948, 285.35 ;-- Am. 1949, Act 130, Imd. Eff. May 20, 1949
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 91 of 1915 - Market Conditions (285.31 - 285.39) › Section 285.36 - Director; Bulletins, Contents, Publication.

285.36 Director; bulletins, contents, publication.
Sec. 6.
The director of markets shall publish bulletins setting forth market conditions and prices as far as possible and advising as to the available supplies of products, the approved methods of standards and grades and best means of marketing. He may at his discretion publish the names of producers, distributors and consumers, and advices as to marketing.
History:
1915, Act 91, Eff. Aug. 24, 1915 ;-- CL 1915, 7923 ;-- CL 1929, 5038 ;-- CL 1948, 285.36
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 91 of 1915 - Market Conditions (285.31 - 285.39) › Section 285.37 - Director; Transportation Delays, Report; Violation of Laws; Food Spoilage; Prevention of Waste.

285.37 Director; transportation delays, report; violation of laws; food spoilage; prevention of waste.
Sec. 7.
The director of markets in addition to his other duties, shall investigate and report to the state railway commission delays and inadequacies of transportation of food supplies. He shall also report to the attorney general the violation of laws in restraint of trade or unlawful combinations to fix prices of food stuffs. When food stuffs are liable to spoil for lack of ready market, he may take such steps as are advisable to benefit the producer and consumer and in preventing waste: Provided, however, That this provision shall not apply to fruits and vegetables already marketed.
History:
1915, Act 91, Eff. Aug. 24, 1915 ;-- CL 1915, 7924 ;-- CL 1929, 5039 ;-- CL 1948, 285.37
Compiler's Notes:
The state railway commission, referred to in this section, was abolished and its powers and duties transferred to public utilities commission by MCL 460.53. The public utilities commission was subsequently abolished and its powers and duties transferred to the public service commission by MCL 460.4.
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 91 of 1915 - Market Conditions (285.31 - 285.39) › Section 285.38 - Commissioner of Agriculture; Inspection, Certificates; Exception.

285.38 Commissioner of agriculture; inspection, certificates; exception.
Sec. 8.
The commissioner of agriculture, in person or by some person authorized by him, shall have free access to any place or conveyance wherein farm products are being marketed, transported or held for commercial purposes. The commissioner of agriculture, in person or by some person authorized by him, shall have power to open any bag, crate or other container of such farm products and examine the contents thereof, and may, upon tendering the market price, take samples therefrom. The commissioner of agriculture may employ inspectors to inspect farm products in accordance with established official grades or standards for the purpose of determining and certifying the quality and condition thereof and other material facts relative thereto. Certificates issued in pursuance of such inspection and executed by the inspector shall state the date and place of inspection, the grade, condition and approximate quality of the farm products inspected and any other pertinent facts that the commissioner may require. Such a certificate and all federal certificates relative to the condition or quality of such farm products shall be prima facie evidence in all courts of the state of the facts required to be stated therein: Provided, however, That the provisions of this act shall not apply to the grower in the sale of farm products grown by himself when made direct to the consumer.
History:
Add. 1937, Act 322, Eff. Oct. 29, 1937 ;-- CL 1948, 285.38
Former Law:
See CL 1915, § 7925; CL 1929, § 5040.
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 91 of 1915 - Market Conditions (285.31 - 285.39) › Section 285.39 - Violation of Act; Misdemeanor.

285.39 Violation of act; misdemeanor.
Sec. 9.
Any person who shall violate any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by the laws of this state.
History:
Add. 1937, Act 322, Eff. Oct. 29, 1937 ;-- CL 1948, 285.39
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 315 of 1919 - Promotion of Agricultural Interests; Farm Bureau; Agricultural Agent (285.51 - 285.51) › Section 285.51 - Agricultural Interest, Promotion; Farm Bureau, Tax; County Agent and Assistants, Approval, Compensation.

285.51 Agricultural interest, promotion; farm bureau, tax; county agent and assistants, approval, compensation.
Sec. 1.
In order to promote the agricultural interests of the various counties of this state and to provide for agricultural extension work, each county of the state through its board of supervisors is hereby authorized and empowered to cooperate to said end with the Michigan agricultural college and with any department or bureau of the United States government; and may enter into agreements with reference thereto. The board of supervisors in any county may appropriate money, or raise money by taxation, for the purpose hereof, and may establish a farm bureau to act as the representative of the board and of the county in all such cooperative work. Subject to the approval of the state board of agriculture or of the proper representatives thereof, the board may appoint a county agricultural agent and necessary assistants, whose duty it shall be to aid in carrying out the purpose of this act. The compensation and expenses of any person so employed, or such portion thereof as shall under the terms of any agreement between the county and the Michigan agricultural college or any department or bureau of the federal government, be payable by the county, shall be fixed and provided for by the board.
History:
1919, Act 315, Eff. Aug. 14, 1919 ;-- CL 1929, 5041 ;-- CL 1948, 285.51
Admin Rule:
R 285.523.1 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 141 of 1939 - Grain Dealers Act (285.61 - 285.89) › Section 285.61 - Short Title.

285.61 Short title.
Sec. 1.
This act shall be known as the "grain dealers act".
History:
1939, Act 141, Eff. Sept. 29, 1939 ;-- CL 1948, 285.61 ;-- Am. 1976, Act 259, Imd. Eff. Aug. 12, 1976
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 141 of 1939 - Grain Dealers Act (285.61 - 285.89) › Section 285.64 - License; Conduct; Term; Display; Term of New License.

285.64 License; conduct; term; display; term of new license.
Sec. 4.
(1) The department may issue, amend, or renew a license if the department determines that the applicant has complied with this act and rules promulgated under this act.
(2) A licensee may receive farm produce for storage or processing, assess and collect storage or processing charges on farm produce stored or processed, issue warehouse receipts on stored farm produce, issue price later agreements, collect handling charges on price later agreements, and issue acknowledgment forms.
(3) Except as provided in subsection (4), a license is issued for a term of 1 year. A license is not transferable by the licensee. A licensee shall prominently display his or her license on the vehicle of a licensee who is a farm produce trucker or at the principal place of business of a licensee who is a grain merchandiser or at a facility, as applicable.
(4) The department may, in its discretion, issue a new license for a term of up to 21 months.
History:
1939, Act 141, Eff. Sept. 29, 1939 ;-- CL 1948, 285.64 ;-- Am. 1976, Act 259, Imd. Eff. Aug. 12, 1976 ;-- Am. 2002, Act 80, Eff. Mar. 31, 2003
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 141 of 1939 - Grain Dealers Act (285.61 - 285.89) › Section 285.65 - Revocation of License; Application for New License; Events; Notice of Event.

285.65 Revocation of license; application for new license; events; notice of event.
Sec. 5.
(1) The department may revoke a grain dealer's license, but the grain dealer may apply for a new license, if any of the following events occur:
(a) The licensee is a party to a merger, consolidation, conversion, or similar transaction. The department may decide not to revoke the license if the successor to the licensee is licensed under this act and executes a successor's agreement acceptable to the department.
(b) Fifty percent or more of the shares, other than publicly traded shares, or other ownership interests in the licensee are sold, exchanged, or otherwise transferred. The department may decide not to revoke the license if the transferee is licensed under this act and executes a successor's agreement acceptable to the department.
(c) Fifty percent or more of the property and assets of the licensee are sold, leased, exchanged, or otherwise transferred. The department may waive this requirement if the transferee is licensed under this act and executes a successor's agreement acceptable to the department.
(d) The licensee ceases to pay its debts in the ordinary course of business, cannot pay its debts as they become due, or is insolvent under an applicable bankruptcy or insolvency law.
(e) If the grain dealer has 100 or more stockholders, members, partners, or owners, as applicable, more than 1/2 of the grain dealer's board of directors or other governing body or board are replaced with different individuals.
(f) The name of the grain dealer is changed.
(2) If an event described in subsection (1) occurs, the grain dealer shall file a notice of the event with the department within 1 business day of the event.
History:
1939, Act 141, Eff. Sept. 29, 1939 ;-- CL 1948, 285.65 ;-- Am. 1976, Act 259, Imd. Eff. Aug. 12, 1976 ;-- Am. 1982, Act 33, Eff. Sept. 12, 1982 ;-- Am. 1996, Act 311, Imd. Eff. June 24, 1996 ;-- Am. 2002, Act 80, Eff. Mar. 31, 2003
Compiler's Notes:
Section 2 of Act 33 of 1982 provides: “This amendatory act shall take effect 6 months after it has been enacted into law and shall apply only to licenses issued or renewed after the effective date.”
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 141 of 1939 - Grain Dealers Act (285.61 - 285.89) › Section 285.66 - Temporary Permit.

285.66 Temporary permit.
Sec. 6.
(1) If a grain dealer has applied for a license but needs additional time to comply with the requirements of this act for issuance of a license, the department may issue 1 temporary permit to the applicant. A permit issued under this section expires on the expiration date set by the department, which may not be more than 60 days after the permit is issued, when a license is issued, or when the application for license is denied, whichever occurs first. The department may grant 2 extensions of not more than 30 days of a permit issued under this section.
(2) A grain dealer who has been granted a permit under this section has the same rights and obligations of a licensee under this act.
History:
1939, Act 141, Eff. Sept. 29, 1939 ;-- CL 1948, 285.66 ;-- Am. 1955, Act 179, Eff. Oct. 14, 1955 ;-- Am. 1976, Act 259, Imd. Eff. Aug. 12, 1976 ;-- Am. 1982, Act 33, Eff. Sept. 12, 1982 ;-- Am. 1992, Act 238, Imd. Eff. Nov. 12, 1992 ;-- Am. 1996, Act 311, Imd. Eff. June 24, 1996 ;-- Am. 2002, Act 80, Eff. Mar. 31, 2003 ;-- Am.2023, Act 197, Imd. Eff. Nov. 7, 2023
Compiler's Notes:
Section 2 of Act 33 of 1982 provides: “This amendatory act shall take effect 6 months after it has been enacted into law and shall apply only to licenses issued or renewed after the effective date.”
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 141 of 1939 - Grain Dealers Act (285.61 - 285.89) › Section 285.66a, 285.66b - Repealed. 2002, Act 80, Eff. Mar. 31, 2003.

285.66a, 285.66b Repealed. 2002, Act 80, Eff. Mar. 31, 2003.
Compiler's Notes:
The repealed sections pertained to furnishing copies of act and failure to pay assessments.
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 141 of 1939 - Grain Dealers Act (285.61 - 285.89) › Section 285.67a - Repealed. 2002, Act 80, Eff. Mar. 31, 2003.

285.67a Repealed. 2002, Act 80, Eff. Mar. 31, 2003.
Compiler's Notes:
The repealed section pertained to application requirements for grain dealer's license.
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 141 of 1939 - Grain Dealers Act (285.61 - 285.89) › Section 285.69 - Application for License or Renewal; Financial Statement.

285.69 Application for license or renewal; financial statement.
Sec. 9.
(1) A grain dealer shall include with an application for a license or renewal a financial statement for the grain dealer's most recent completed fiscal year. The financial statement shall be a reviewed or audited financial statement, prepared by a certified public accountant in accordance with generally accepted accounting principles. The end of the grain dealer's most recent completed fiscal year shall be within 6 months of the expiration date of the grain dealer's current license. The financial statement shall include at least all of the following:
(a) An accountant's report, a balance sheet, an income statement, and notes and disclosures.
(b) A statement of the grain dealer's allowable net assets for purposes of section 3.
(c) A statement from the certified public accountant that he or she acknowledges that the department is relying on the financial statement in determining whether the grain dealer meets the allowable net asset requirement under section 3(3).
(2) If a financial statement described in subsection (1) discloses that the grain dealer during the preceding fiscal year had a current asset to current liability ratio of less than 1 to 1, the licensee shall include with the application a plan and timetable to increase the current asset to current liability ratio to 1 to 1 or more.
(3) If a financial statement described in subsection (1) is a financial statement of the licensee's parent corporation or a consolidated financial statement of the licensee and its parent corporation, the application shall include a declaration of liability signed by an authorized representative of the parent corporation, by which the parent corporation assumes all financial obligations incurred by the licensee during the term of the license.
History:
1939, Act 141, Eff. Sept. 29, 1939 ;-- CL 1948, 285.69 ;-- Am. 1963, Act 180, Eff. Sept. 6, 1963 ;-- Am. 1976, Act 259, Imd. Eff. Aug. 12, 1976 ;-- Am. 1979, Act 206, Imd. Eff. Jan. 8, 1980 ;-- Am. 2002, Act 80, Eff. Mar. 31, 2003 ;-- Am. 2016, Act 263, Eff. Sept. 26, 2016
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 141 of 1939 - Grain Dealers Act (285.61 - 285.89) › Section 285.69a - Repealed. 2002, Act 80, Eff. Mar. 31, 2003.

285.69a Repealed. 2002, Act 80, Eff. Mar. 31, 2003.
Compiler's Notes:
The repealed section pertained to price later agreements.
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 141 of 1939 - Grain Dealers Act (285.61 - 285.89) › Section 285.70 - Revocation or Refusal to Issue or Renew License; Hearing; Conditions.

285.70 Revocation or refusal to issue or renew license; hearing; conditions.
Sec. 10.
After a hearing conducted in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, the department may revoke or refuse to issue or renew a license, or require a fidelity bond in an amount and on terms determined by the department, if any of the following occurred within the 5 years preceding the date of the license application:
(a) The applicant, a manager employed by the applicant, or any other individual with management responsibilities for the farm produce handling business of the applicant was a principal in a grain dealer receivership or insolvency proceeding that resulted in losses to creditors or depositors.
(b) The applicant, a manager employed by the applicant, or any other individual with management responsibilities for the farm produce handling business of the applicant pled guilty or was convicted of any felony involving fraud, conversion, or embezzlement.
(c) The applicant's license under the United States warehouse act, 39 Stat. 486, 7 U.S.C. 241 to 273, was revoked or canceled due to a violation of that act.
History:
1939, Act 141, Eff. Sept. 29, 1939 ;-- CL 1948, 285.70 ;-- Am. 1976, Act 259, Imd. Eff. Aug. 12, 1976 ;-- Am. 2002, Act 80, Eff. Mar. 31, 2003
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 141 of 1939 - Grain Dealers Act (285.61 - 285.89) › Section 285.71 - Temporary Facility.

285.71 Temporary facility.
Sec. 11.
(1) A grain dealer who uses a temporary facility shall report to the department on the daily position report required under section 15 the address and bushel capacity of the temporary facility for any period that the temporary facility is in use. The grain dealer shall provide the department with a copy of the lease agreement and bin charts, if any, for the temporary facility if the grain dealer has not previously provided them.
(2) A grain dealer using a temporary facility shall pay an additional license fee, calculated under section 8, based on the bushel capacity of the temporary facility. The grain dealer shall pay the additional license fee to the department with the position report for the first month the grain dealer uses the temporary facility.
History:
1939, Act 141, Eff. Sept. 29, 1939 ;-- CL 1948, 285.71 ;-- Am. 1976, Act 259, Imd. Eff. Aug. 12, 1976 ;-- Am. 1979, Act 206, Imd. Eff. Jan. 8, 1980 ;-- Am. 2002, Act 80, Eff. Mar. 31, 2003
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 141 of 1939 - Grain Dealers Act (285.61 - 285.89) › Section 285.71a - Repealed. 2002, Act 80, Eff. Mar. 31, 2003.

285.71a Repealed. 2002, Act 80, Eff. Mar. 31, 2003.
Compiler's Notes:
The repealed section pertained to acknowledgment of farm produce.
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 141 of 1939 - Grain Dealers Act (285.61 - 285.89) › Section 285.72 - Destruction or Damage of Farm Produce; Certificate of Insurance Required; Reimbursement to Depositors; Notice of Cancellation or Nonrenewal of Insurance.

285.72 Destruction or damage of farm produce; certificate of insurance required; reimbursement to depositors; notice of cancellation or nonrenewal of insurance.
Sec. 12.
(1) A licensee shall maintain on file with the department a current certificate of insurance evidencing an effective policy of insurance issued by an insurance company authorized to do business in this state. The policy shall insure in the name of the grain dealer all farm produce in the facilities of the grain dealer for the full market value of the farm produce against loss by fire, explosion, lightning, and windstorm. In addition to any other remedy available under this act, the department may deny, revoke, or suspend a license for a violation of this subsection.
(2) If fire, explosion, lightning, or windstorm destroys or damages any farm produce in a facility operated by a licensee, and the depositor of the farm produce demands reimbursement and provides the licensee with a warehouse receipt or other evidence of ownership of the farm produce, the licensee shall reimburse the depositor of the farm produce for the market price of the farm produce minus any charges or advances to the depositor. As used in this subsection, "market price" means the average price paid for farm produce of the same type, grade, and quality on the date of the loss at the location of the facility.
(3) A grain dealer shall reimburse all depositors whose farm produce is destroyed or damaged by fire, explosion, lightning, or windstorm, within 10 days after the licensee receives payment from an insurer under a policy described in subsection (1). In addition to any other remedy available under this act, the department may deny, revoke, or suspend a license for a violation of this subsection.
(4) If the department determines that a licensee's insurance is insufficient, even if the insurance was previously acceptable to the department, the department shall require that the licensee obtain additional insurance that conforms to the requirements of this act.
(5) An insurance company may not cancel or nonrenew insurance required by this act, including insurance provided by binder, unless it sends a notice of intent to cancel or nonrenew to the department by certified or registered mail more than 15 days before the cancellation or nonrenewal of the insurance is effective.
History:
1939, Act 141, Eff. Sept. 29, 1939 ;-- CL 1948, 285.72 ;-- Am. 1976, Act 259, Imd. Eff. Aug. 12, 1976 ;-- Am. 2002, Act 80, Eff. Mar. 31, 2003
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 141 of 1939 - Grain Dealers Act (285.61 - 285.89) › Section 285.73 - Availability of Books and Records; Confidentiality; Disclosure.

285.73 Availability of books and records; confidentiality; disclosure.
Sec. 13.
(1) The director may require that a grain dealer make its books and records available for audit or inspection.
(2) Except as provided in subsection (3), financial information and daily position report information submitted to the department by an applicant or licensee for purposes of this act are confidential and are not subject to the disclosure requirements of the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, except that disclosure of financial information or daily position report information may be made in any of the following circumstances:
(a) With the written consent of the applicant or licensee.
(b) Pursuant to a court proceeding.
(c) The disclosure is made to an agent or employee of the department.
(d) The disclosure is made to an agent or employee of a state or the federal government authorized by law to see or review the information.
(3) The department may disclose information described in subsection (2) in the form of an information summary or profile, or as part of a statistical study that includes data on more than 1 grain dealer that does not identify the grain dealer to whom any specific information applies.
History:
1939, Act 141, Eff. Sept. 29, 1939 ;-- CL 1948, 285.73 ;-- Am. 1976, Act 259, Imd. Eff. Aug. 12, 1976 ;-- Am. 2002, Act 80, Eff. Mar. 31, 2003
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 141 of 1939 - Grain Dealers Act (285.61 - 285.89) › Section 285.75 - Daily Position Report.

285.75 Daily position report.
Sec. 15.
(1) A grain dealer shall keep a complete and accurate daily position report. The grain dealer shall submit the daily position report for the last business day of the preceding fiscal month to the department during the first 10 business days of the grain dealer's fiscal month.
(2) A daily position report shall include all of the following information about the grain dealer's operations, as of the last business day of the preceding fiscal month, on a form approved by the director:
(a) The quantity of each type of farm produce in inventory.
(b) The quantity of farm produce covered by outstanding warehouse receipts, open storage, and price later agreements, including price later agreements and warehouse receipts for farm produce in other grain dealers' facilities.
(c) The quantity of farm produce covered by collateral warehouse receipts.
(d) The total dollar amounts of loans against grain inventory.
(e) A description and quantity of any other farm produce obligations resulting in the grain dealer's balance position of farm produce.
(f) If a deficiency concerning price later agreements exists, the quantity of offsetting purchase commitments.
(3) If the department determines that there is a deficiency in any warehouse receipt position, the department shall notify the grain dealer and require that the grain dealer cover the shortage or furnish bond or security in an amount and on terms required by the department. If the grain dealer fails to comply, the department may seize grain assets for the benefit of claimants.
(4) If a net deficiency concerning price later agreements exists, based upon daily bid prices, the grain dealer shall cover the deficiency by placing in an escrow account cash, cash equivalents, or marketable securities equal to 80% of the deficiency and offsetting purchase commitments equal to at least 20% of the deficiency. The grain dealer shall file a copy of the escrow agreement with the department. The escrow agreement shall require that the escrow institution submit a monthly statement for the escrow account to the department.
(5) A violation of this section by a grain dealer may result in a fine or suspension or revocation of the grain dealer's license under section 22. If the violation is the intentional filing of a false daily position report, in addition to license revocation, the grain dealer is subject to the penalty described in section 23 for each violation.
History:
1939, Act 141, Eff. Sept. 29, 1939 ;-- CL 1948, 285.75 ;-- Am. 1976, Act 259, Imd. Eff. Aug. 12, 1976 ;-- Am. 2002, Act 80, Eff. Mar. 31, 2003
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 141 of 1939 - Grain Dealers Act (285.61 - 285.89) › Section 285.76 - Records and Accounts.

285.76 Records and accounts.
Sec. 16.
(1) A licensee shall keep a complete and accurate set of records and accounts of all transactions pertaining to the operation of each facility, including, but not limited to, records and accounts of all farm produce received in or withdrawn from a facility, of all unissued warehouse receipts and acknowledgment forms in the grain dealer's possession, and of all issued warehouse receipts and acknowledgment forms, copies of all contracts, and any warehouse receipts and acknowledgment forms returned to and settled by the licensee. A grain dealer shall retain a paper copy or a copy stored in electronic or other form of a warehouse receipt, acknowledgment form, or other document evidencing ownership of any farm produce or liability as a grain dealer for at least the period that the document is outstanding, and if the document has been canceled, for a period of not less than 3 years from the date of cancellation. A grain dealer shall retain any other records and the accounts for at least 7 years.
(2) A licensee shall keep its records and accounts concerning its farm produce handling business separate and distinct from the records and accounts of any other business conducted by the licensee.
(3) The department may examine the records and accounts pertaining to the grain dealer's farm produce handling business at any time during normal business hours.
(4) A grain dealer shall not intentionally maintain false or misleading books and records. A grain dealer who violates this subsection is subject to the penalty described in section 23.
History:
1939, Act 141, Eff. Sept. 29, 1939 ;-- CL 1948, 285.76 ;-- Am. 1976, Act 259, Imd. Eff. Aug. 12, 1976 ;-- Am. 2002, Act 80, Eff. Mar. 31, 2003
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 141 of 1939 - Grain Dealers Act (285.61 - 285.89) › Section 285.77 - Notice of Intent to Discontinue Business.

285.77 Notice of intent to discontinue business.
Sec. 17.
(1) If a grain dealer intends to discontinue his or her farm produce handling business at or before the expiration of his or her license, at least 30 days before the date the grain dealer intends to discontinue the business, the grain dealer shall by registered or certified mail provide notice of intent to discontinue business to the director, each person storing farm produce in a facility of the grain dealer, and each known holder of a warehouse receipt, acknowledgment form, or open storage or price later agreement issued by the grain dealer. If the holder of a warehouse receipt, acknowledgment form, or open storage or price later agreement is not known, the grain dealer shall publish the notice in a newspaper of general circulation in each county in which a facility is located.
(2) If a grain dealer has provided or published a notice of intent to discontinue business under subsection (1) and the department determines that there is sufficient farm produce to cover warehouse receipts and open storage arrangements, a depositor of farm produce under a warehouse receipt or open storage arrangement in a facility of the grain dealer may remove or direct the removal of the farm produce from the facility before the expiration of the 30-day period described in subsection (1).
(3) Within 14 days of discontinuing his or her farm produce handling business, the grain dealer shall file a list of all farm produce liabilities assumed by a purchaser of the business, or any person other than the licensee, with the department.
History:
Add. 2002, Act 80, Eff. Mar. 31, 2003
Compiler's Notes:
Former MCL 285.77, which pertained to furnishing monthly statement to commissioner of agriculture, was repealed by Act 179 of 1955, Eff. Oct. 14, 1955.
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 141 of 1939 - Grain Dealers Act (285.61 - 285.89) › Section 285.78 - Receipt of Farm Produce; Acknowledgment Form.

285.78 Receipt of farm produce; acknowledgment form.
Sec. 18.
(1) A grain dealer shall acknowledge receipt of farm produce by issuing an acknowledgment form to the depositor. The depositor or his or her authorized agent must sign the acknowledgment form if it will be used as a price later agreement, and the depositor and grain dealer are not parties to a prior written agreement governing title and delivery of the farm produce. The grain dealer shall provide a copy of the acknowledgment form to the depositor at the time the farm produce is delivered to the grain dealer.
(2) An acknowledgment form must contain all of the following:
(a) The name and address of the grain dealer.
(b) The date of transfer, weight, and type of farm produce deposited.
(c) A statement that unless the parties agree to another disposition within 30 days of the delivery to the grain dealer, the farm produce transaction is a price later agreement transaction.
(3) Farm produce delivered to a grain dealer is in open storage, and the responsibilities of the grain dealer and depositor under an acknowledgment form are the same as if a nonnegotiable warehouse receipt had been issued for the farm produce, unless 1 of the following occurs:
(a) The acknowledgment form satisfies the requirements applicable to a price later agreement and is signed by the depositor and grain dealer or their authorized agents.
(b) The farm produce is sold for a set price at the time of delivery to the grain dealer or another disposition occurs.
(4) If a grain dealer obtains farm produce from a depositor and the farm produce is not being delivered to a facility of the grain dealer, the grain dealer shall issue a temporary acknowledgment form identifying the estimated quantity, type of farm produce, grain dealer's name and address, and the name of the driver of the transporting vehicle.
(5) A grain dealer shall record the disposition of the farm produce on the acknowledgment form unless he or she provides other settlement documentation referencing the acknowledgment form.
(6) If a depositor deposits farm produce at a facility in the name of another grain dealer, the grain dealer in whose name the farm produce is deposited shall issue the acknowledgment form for the farm produce.
(7) If a grain dealer's license is revoked or terminated, the grain dealer shall deliver all unused acknowledgment forms to the department.
History:
1939, Act 141, Eff. Sept. 29, 1939 ;-- CL 1948, 285.78 ;-- Am. 1976, Act 259, Imd. Eff. Aug. 12, 1976 ;-- Am. 1996, Act 311, Imd. Eff. June 24, 1996 ;-- Am. 2002, Act 80, Eff. Mar. 31, 2003
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 141 of 1939 - Grain Dealers Act (285.61 - 285.89) › Section 285.79 - Suspension or Revocation of Grain Dealer's License; Reservation of Rights; Weighing and Inspecting Produce.

285.79 Suspension or revocation of grain dealer's license; reservation of rights; weighing and inspecting produce.
Sec. 19.
(1) A grain dealer shall post at each facility a notice that states that the grain dealer reserves the right to terminate storage, processing, shipping, and handling arrangements and collect outstanding charges if the grain dealer's license is suspended or revoked.
(2) A licensee receiving farm produce for deposit shall weigh and inspect the farm produce.
History:
1939, Act 141, Eff. Sept. 29, 1939 ;-- CL 1948, 285.79 ;-- Am. 1976, Act 259, Imd. Eff. Aug. 12, 1976 ;-- Am. 2002, Act 80, Eff. Mar. 31, 2003
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 141 of 1939 - Grain Dealers Act (285.61 - 285.89) › Section 285.81 - Price Later Agreement.

285.81 Price later agreement.
Sec. 21.
(1) If there is no other disposition within 30 days after the delivery of farm produce to a grain dealer, the farm produce transaction is a price later agreement transaction.
(2) Title of farm produce subject to a price later agreement is transferred to the grain dealer at the time the price later agreement is executed.
(3) A grain dealer shall maintain a separate file in numerical sequence of noncanceled price later agreements that is available for inspection during normal business hours by the department. The grain dealer shall include in the records an account of any information required by the director to document the grain dealer's obligation to a depositor under a price later agreement.
(4) A grain dealer shall not include a charge for storage in any transaction that includes a price later agreement.
(5) The form and content of a price later agreement shall be approved by the department. Each price later agreement must contain blank lines or spaces for inserting all of the following information, statements, and provisions, as applicable:
(a) The date of receipt of the farm produce.
(b) The grain dealer's handling charge rates and the calculation of the depositor's charges.
(c) The net weight, type, and grade factors of the farm produce.
(d) The signature of the grain dealer or his or her authorized agent.
(e) The name and address of the depositor.
(f) The signature of the depositor or, if signed by an authorized agent of the depositor, the name and signature of the depositor's authorized agent. This subdivision does not apply to a transaction described in subsection (1).
(g) An expiration date.
(h) A statement that the price later agreement is issued subject to this act and rules promulgated under this act.
(6) A person shall not knowingly deposit farm produce under a price later agreement without disclosing any lien on or lack of title to the farm produce.
(7) A price later agreement shall not be converted to a warehouse receipt.
(8) At the expiration date of a price later agreement, a grain dealer shall settle at market price or renegotiate.
History:
Add. 1996, Act 311, Imd. Eff. June 24, 1996 ;-- Am. 2002, Act 80, Eff. Mar. 31, 2003
Compiler's Notes:
Former MCL 285.81, which provided exemption for warehouseman operating under certain other acts, was repealed by Act 179 of 1955, Eff. Oct. 14, 1955.
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 141 of 1939 - Grain Dealers Act (285.61 - 285.89) › Section 285.82a - Repealed. 2002, Act 80, Eff. Mar. 31, 2003.

285.82a Repealed. 2002, Act 80, Eff. Mar. 31, 2003.
Compiler's Notes:
The repealed section pertained to misdemeanor violations.
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 141 of 1939 - Grain Dealers Act (285.61 - 285.89) › Section 285.83 - Violation of Act or Rule; Prohibited Conduct; Penalty.

285.83 Violation of act or rule; prohibited conduct; penalty.
Sec. 23.
(1) Unless otherwise provided in this act, a person who violates this act is guilty of a misdemeanor and is also liable for all damages sustained by a depositor for farm produce handled in violation of this act. In an enforcement action, a court may order restitution to a party injured by the handling of farm produce in violation of this act in addition to any other penalty provided by law.
(2) A grain dealer who violates this act or a rule promulgated under this act is guilty of a misdemeanor and shall be fined not more than $5,000.00 for each offense.
(3) A grain dealer who intentionally violates this act or a rule promulgated under this act is guilty of a misdemeanor and shall be fined not more than $10,000.00 for each offense. The court may allow the department to recover reasonable costs of investigation incurred in a prosecution resulting in a conviction for a violation described in this subsection.
(4) A person who does any of the following is guilty of a felony punishable by a fine of not more than $20,000.00 or by imprisonment for not more than 5 years, or both:
(a) Intentionally alters or destroys a warehouse receipt or price later agreement or a record of warehouse receipts or price later agreements required by this act.
(b) Intentionally falsifies a position sheet, or issues a warehouse receipt if the farm produce or commodities enumerated in the warehouse receipt is not in fact in the facility stated in the warehouse receipt.
(c) With intent to defraud, issues a second or other warehouse receipt or agreement for farm produce if a valid warehouse receipt or agreement is outstanding and in force for the farm produce.
(d) While a valid warehouse receipt is outstanding and in force and without the consent of the holder of the warehouse receipt, sells, pledges, mortgages, encumbers, or transfers farm produce in violation of this act or permits the sale, pledge, mortgage, encumbrance, or transfer of farm produce in violation of this act.
(e) Knowingly receives farm produce from a person in violation of subdivision (d).
(f) Intentionally files a false daily violation report.
(g) Intentionally maintains false or misleading records and accounts required under section 16.
History:
Add. 2002, Act 80, Eff. Mar. 31, 2003
2023 Michigan Compiled Laws › Chapter 285 - Agriculture › Act 141 of 1939 - Grain Dealers Act (285.61 - 285.89) › Section 285.84 - Violation of Act or Rule; Administrative Fines; Warning; Action by Attorney General; License Revocation; Disposition of Fine, Costs, and Recovery.

285.84 Violation of act or rule; administrative fines; warning; action by attorney general; license revocation; disposition of fine, costs, and recovery.
Sec. 24.
(1) In addition to any other penalty provided by law, a person who individually, or by the action of his or her agent or employee, or as the employee or agent of another, violates this act or a rule promulgated under this act is subject to 1 of the following administrative fines:
(a) For a first violation, a fine of not less than $50.00 or more than $1,000.00, plus actual costs of the investigation and the amount of any economic benefit associated with the violation.
(b) For a second violation within 2 years from the date of the first violation, a fine of not less than $100.00 or more than $5,000.00, plus actual costs of the investigation and the amount of any economic benefit associated with the violation.
(c) For a third violation within 2 years from the date of the first violation, a fine of not less than $500.00 or more than $10,000.00, plus actual costs of the investigation and the amount of any economic benefit associated with the violation.
(2) Upon the request of a person to whom the director has assessed an administrative fine under subsection (1), the director shall conduct a hearing pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(3) If the director finds that a violation of this act has occurred despite the exercise of due care, the director may issue a warning instead of imposing an administrative fine under subsection (1).
(4) The director may advise the attorney general of the failure of a person to pay an administrative fine imposed under subsection (1), and the attorney general may bring an action in a court of competent jurisdiction to recover the fine.
(5) The director may revoke the license of a licensee who does not pay an administrative fine imposed under subsection (1).
(6) An administrative fine, costs, and the recovery of any economic benefit associated with a violation collected by the department under this section shall be retained by the department and used pursuant to legislative appropriation for the administration of this act.
History:
Add. 2002, Act 80, Eff. Mar. 31, 2003