reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 232 of 1965 - Agricultural Commodities Marketing Act (290.651 - 290.674) › Section 290.671 - Referendum; Requirements; Exception; Time Period.

290.671 Referendum; requirements; exception; time period.
Sec. 21.
(1) Except as otherwise provided in subsection (2), all marketing programs established under this act shall be resubmitted to a referendum of the producers during each fifth year of operation.
(2) A producer referendum under subsection (1) is not required for a marketing program if all the following circumstances exist:
(a) The agricultural commodity or agricultural commodity input subject to the marketing program is involved in a commodity checkoff program established pursuant to federal law.
(b) The federal commodity checkoff program involving the agricultural commodity provides for a mechanism for a producer referendum.
(c) The marketing program involving the agricultural commodity or agricultural commodity input is entirely financed by that federal commodity checkoff program.
(3) If the federal commodity checkoff is suspended or terminated, a marketing program established under this act shall conduct a referendum of the producers within 18 months after the suspension or termination.
History:
1965, Act 232, Eff. Mar. 31, 1966 ;-- Am. 1996, Act 216, Imd. Eff. May 28, 1996 ;-- Am. 2002, Act 601, Imd. Eff. Dec. 20, 2002
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 232 of 1965 - Agricultural Commodities Marketing Act (290.651 - 290.674) › Section 290.672 - Interest on Unpaid Assessment.

290.672 Interest on unpaid assessment.
Sec. 22.
If the assessment is not paid by the date specified by a committee as permitted under section 5(g), the unpaid assessment shall be subject to an interest charge of 1% per month.
History:
Add. 1974, Act 324, Imd. Eff. Dec. 15, 1974 ;-- Am. 1996, Act 216, Imd. Eff. May 28, 1996 ;-- Am. 2002, Act 601, Imd. Eff. Dec. 20, 2002
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 232 of 1965 - Agricultural Commodities Marketing Act (290.651 - 290.674) › Section 290.673 - Violations; Penalties.

290.673 Violations; penalties.
Sec. 23.
(1) Except as provided in subsections (2) and (3), a person who violates this act is guilty of a misdemeanor punishable by a fine of up to $1,000.00 a day.
(2) A member of the board who intentionally violates section 7(8) shall be subject to the penalties prescribed in the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(3) If the board arbitrarily and capriciously violates section 7(9), the board shall be subject to the penalties prescribed in the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
History:
Add. 1974, Act 324, Imd. Eff. Dec. 15, 1974 ;-- Am. 1980, Act 196, Imd. Eff. July 8, 1980 ;-- Am. 2002, Act 601, Imd. Eff. Dec. 20, 2002
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 232 of 1965 - Agricultural Commodities Marketing Act (290.651 - 290.674) › Section 290.674 - Venue for Prosecution of Violation; Enforcement; Institution of Prosecution for Violation.

290.674 Venue for prosecution of violation; enforcement; institution of prosecution for violation.
Sec. 24.
(1) Except as provided in subsections (2) and (3), prosecution for violation of this act may be instituted in any county in which any of the defendants reside, or in which the violation was committed, or in which any of the defendants have a principal place of business. State and county law enforcement officers shall enforce this act.
(2) A prosecution for a violation of section 7(8) shall be instituted in the manner provided for in the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(3) A prosecution for a violation of section 7(9) shall be instituted in the manner provided for in the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
History:
Add. 1974, Act 324, Imd. Eff. Dec. 15, 1974 ;-- Am. 1980, Act 196, Imd. Eff. July 8, 1980 ;-- Am. 2002, Act 601, Imd. Eff. Dec. 20, 2002
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 153 of 1975 - Marketing Fees for Fruits and Vegetables (290.691 - 290.693) › Section 290.691 - Deduction and Remittance of Marketing Fees by Purchaser of Fruits and Vegetables; Statement.

290.691 Deduction and remittance of marketing fees by purchaser of fruits and vegetables; statement.
Sec. 1.
An agricultural producer and member of an agricultural cooperative marketing association organized under Act No. 327 of the Public Acts of 1931, as amended, being sections 450.62 to 450.192 of the Michigan Compiled Laws, may, by a membership and marketing agreement or by separate written authorization, authorize a processor, handler, distributor, dealer, broker or agent thereof, each of which is hereinafter referred to as a purchaser, to make deductions from any money due the member for fruits and vegetables received or purchased from the member. The amount or rate of the deductions and the names of the members from whose accounts deductions are authorized to be made shall be set forth in a written statement, filed by the association with the purchaser of the members' fruits or vegetables on or before delivery of the members' produce. The purchaser shall deduct from moneys due members of the association the amounts authorized to be deducted and shall forward the moneys deducted to the designated association on or before the fifteenth day of the month after the month for which payment is due or within 30 days after the harvest season of each commodity, together with a summary statement showing the producer's name, quantity purchased, the grades thereof, the gross sales proceeds of each commodity due the grower, and the amount deducted therefrom pursuant to the authorization.
History:
1975, Act 153, Imd. Eff. July 9, 1975
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 153 of 1975 - Marketing Fees for Fruits and Vegetables (290.691 - 290.693) › Section 290.692 - Enforcement; Complaint; Investigation; Hearing; Powers and Duties of Hearing Officer; Judicial Order; Contempt; Rules.

290.692 Enforcement; complaint; investigation; hearing; powers and duties of hearing officer; judicial order; contempt; rules.
Sec. 2.
(1) For the purpose of enforcing this act, the department of agriculture may receive sworn complaints with respect to violations or threatened violations of this act. The director of the department of agriculture, or his or her authorized representatives, shall make all necessary investigations, examinations, or inspections of violations or threatened violations specified in the sworn complaint filed with the department.
(2) The department of agriculture shall complete an investigation within 30 days after the filing of the complaint.
(3) If, upon investigation, the director of the department of agriculture considers there is reasonable cause to believe that a violation of this act has occurred, the director or his or her authorized representative shall, within 75 days after the filing of the complaint, provide notice and opportunity for a hearing under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to determine whether a purchaser has failed to comply with this act.
(4) A hearing officer designated by the director of the state office of administrative hearings and rules shall preside at the hearing and may administer oaths and require the attendance of witnesses and the production of such books, papers, contracts, agreements, and documents as are considered material to a just determination of the issues in dispute, and for that purpose may issue subpoenas. If a person refuses to obey a subpoena or refuses to be sworn or to testify or if a witness, party, or attorney is guilty of contempt while in attendance at a hearing, the hearing officer may, or the attorney general if requested shall, invoke the aid of the circuit court within the jurisdiction in which the hearing is being held to issue an appropriate order. Failure to obey the order may be punished by the court as contempt.
(5) The department may promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
History:
1975, Act 153, Imd. Eff. July 9, 1975 ;-- Am. 2006, Act 221, Imd. Eff. June 26, 2006
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 153 of 1975 - Marketing Fees for Fruits and Vegetables (290.691 - 290.693) › Section 290.693 - Order Requiring Remittance of Moneys to Designated Association; Cease and Desist Order; Recovery of Costs and Expenses; Order Dismissing Complaint; Civil Penalty.

290.693 Order requiring remittance of moneys to designated association; cease and desist order; recovery of costs and expenses; order dismissing complaint; civil penalty.
Sec. 3.
(1) If upon the preponderance of the testimony taken the director of the department of agriculture is of the opinion that a purchaser named in the complaint has violated this act, then the director shall state his findings of fact and conclusions of law and cause to be served on that purchaser an order requiring the purchaser to immediately forward the appropriate moneys to the designated association.
(2) The director may apply to the circuit court for an order requiring the purchaser to cease and desist from violating the act and the court may order further affirmative relief as will effectuate the policies of this act. The director may permit the aggrieved association to recover all reasonable costs and expenses incurred in filing and prosecuting the complaint, including attorney fees.
(3) If upon the preponderance of the testimony taken, the director is not of the opinion that any purchaser named in the complaint has violated this act, then the director shall state his findings of fact and conclusions of law and issue an order dismissing the complaint.
(4) A purchaser who violates this act may also be liable for a civil penalty of not more than $500.00 for each violation of this act.
History:
1975, Act 153, Imd. Eff. July 9, 1975
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727) › Section 290.701 - Short Title.

290.701 Short title.
Sec. 1.
This act shall be known and may be cited as the "agricultural marketing and bargaining act".
History:
1972, Act 344, Eff. Mar. 30, 1973
Constitutionality:
This act is constitutional on its face. Michigan Canners & Freezers Association, Inc v Agricultural Marketing & Bargaining Board, 416 Mich 706, 332 NW2nd 134 (1982).The Michigan Agricultural Marketing and Bargaining Act, MCL 290.701 et seq., authorizes producers' associations to engage in conduct that the federal Agricultural Fair Practices Act of 1967 forbids and stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress. To that extent, therefore, the Michigan Act is pre-empted by the AFPA. Michigan Canners and Freezers Association, Inc v Agricultural Marketing & Bargaining Board, 467 US 461; 104 S Ct 2518; 81 L Ed2d 399 (1984).
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727) › Section 290.702a - Excluded Sales.

290.702a Excluded sales.
Sec. 2a.
Any sale of a commodity by a producer to another producer for his or her own exclusive use and not for resale or any sale of fresh market produce directly to consumers or to a retail store or stand for resale to consumers is exempt from this act.
History:
1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727) › Section 290.703 - Administration and Implementation of Act; Rules.

290.703 Administration and implementation of act; rules.
Sec. 3.
(1) The department shall administer this act.
(2) Services for implementing this act shall be provided by the department from appropriations made by the legislature.
(3) The department may promulgate rules necessary for the administration of this act in accordance with and subject to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
History:
1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 1980, Act 195, Imd. Eff. July 8, 1980 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
Compiler's Notes:
For abolishment of the agricultural marketing and bargaining board and transfer of its powers and duties to the department of agriculture, see E.R.O. No. 2007-7, compiled at MCL 290.741.
Admin Rule:
R 290.101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727) › Section 290.706 - Proposed Bargaining Unit; Determination of Appropriateness; Criteria.

290.706 Proposed bargaining unit; determination of appropriateness; criteria.
Sec. 6.
(1) The department shall determine whether a proposed bargaining unit is appropriate. This determination shall be made upon the petition of an association representing not less than 10% of the producers of the commodity eligible for membership in the proposed bargaining unit as defined by the association. An association with an overlapping definition of bargaining unit may, upon the presentation of a petition by not less than 10% of the producers eligible for membership in the overlapping bargaining unit, contest the proposed bargaining unit. The department shall hold a hearing in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to resolve the dispute.
(2) In making its determination, the department shall define as appropriate the largest bargaining unit in terms of the quantity of the agricultural commodity produced, the definition of the agricultural commodity, the geographic area covered, and the number of producers included as is consistent with the following criteria:
(a) The community of interest of the producers included.
(b) The potential serious conflicts of interest among members of the proposed unit.
(c) The effect of exclusions on the capacity of the association to effectively bargain for the bargaining unit as defined.
(d) The kinds, types, and subtypes of products to be classed together as agricultural commodity for which the bargaining unit is proposed.
(e) Whether the producers eligible for membership in the proposed bargaining unit meet the definition of "producer" for the agricultural commodity involved.
(f) The wishes of the producers.
(g) The pattern of past marketing of the commodity.
History:
1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
Compiler's Notes:
For provisions of Act 306 of 1969, referred to in subsection (1), see MCL 24.201 et seq.
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727) › Section 290.707 - Accreditation of Association; Requirements.

290.707 Accreditation of association; requirements.
Sec. 7.
An association shall be accredited upon determination by the department that the association meets all of the following:
(a) The association meets the requirements of the Capper-Volstead act, 7 USC 291 to 292.
(b) The association has submitted a copy of its bylaws, which shall provide all of the following:
(i) Each member of the association shall have 1 vote in all votes of the membership of the association.
(ii) Officers or directors shall be elected by a majority of the members voting or by delegates representing a majority of the membership.
(iii) All elections shall be by secret ballot.
(c) The association has marketing and bargaining contracts for the current or next marketing period with more than 50% of the producers of an agricultural commodity who are in the bargaining unit and these contracts cover more than 50% of the quantity of that commodity produced by producers in the bargaining unit. The department may determine the quantity produced by the bargaining unit using information on production in prior marketing periods, current market information, and projections on production during the current marketing period. The department shall exclude from that quantity any quantity of the agricultural commodity contracted by producers with producer owned and controlled processing cooperatives and any quantity produced by handlers. An association whose main purpose is bargaining but which processes a surplus into a form which is not the subject of bargaining is not a processing cooperative. The contracts with members shall specify the agricultural commodity and that the members have appointed the association as their exclusive agent in negotiations with handlers for prices and other terms of trade with respect to the sale and marketing of the agricultural commodity and obligate them to dispose of their production or holdings of the agricultural commodity through or at the direction of the association.
(d) The association has established and authorized a marketing and bargaining committee to negotiate with handlers for the agricultural commodity. The committee shall be composed of members elected by the members in a secret ballot election. The production of the agricultural commodity shall comprise a significant portion of the total farming operation of each committee member. Members who have any quantity of the commodity contracted with a producer owned and controlled processing cooperative are not eligible to serve on a marketing and bargaining committee for such commodity.
History:
1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727) › Section 290.708 - Request for Accreditation; Contents; Fee; Report.

290.708 Request for accreditation; contents; fee; report.
Sec. 8.
(1) An association desiring accreditation shall file with the department a written request for accreditation in the form as required by the department. The request shall contain properly certified evidence that the association meets the standards for accreditation and shall be accompanied by a report of the names and addresses of members, the name of each handler to whom the member delivered or contracted to deliver the agricultural commodity during the previous 2 marketing periods, and the quantity delivered. A fee to cover the costs of the department in processing the request shall be established by rule and paid by the association when the request is filed.
(2) The department may require all handlers of an agricultural commodity produced in the bargaining unit area as individuals or through their trade association to file with the department, within 30 days following a request, a properly certified report, showing the correct names and addresses of all producers of the agricultural commodity who have delivered the agricultural commodity to the handler during the 2 marketing periods preceding the filing of the report and the quantities of the agricultural commodity received by the handler from each named producer during the periods. The information contained in the individual reports of handlers filed with the department shall not be made public by the department nor shall it be made available to any person for private use.
History:
1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727) › Section 290.709 - Request for Accreditation; Determination by Department; Amended Request; Public Hearing; Notice.

290.709 Request for accreditation; determination by department; amended request; public hearing; notice.
Sec. 9.
(1) Within 60 days following the date of filing with the department a request for accreditation by an association, the department shall determine whether the association shall be accredited. If the department determines that insufficient evidence was filed by the association, the department may permit the association to file an amended request for accreditation within 30 days following the determination and notification of the association.
(2) Within 30 days following the department's preliminary finding that the association is to be accredited, the department shall hold a public hearing to obtain further evidence relevant to confirmation that the association is to be accredited. Producers of record involved in the bargaining unit shall be notified of the hearing by mail and publication in a newspaper of general circulation in the bargaining unit area at least 10 days prior to the date of the hearing.
History:
1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727) › Section 290.710 - Request for Accreditation; Issuance and Publication of Determination; Preliminary Declaration; Service Fees; Effective Date of Accreditation; Referendum; Denial of Accreditation.

290.710 Request for accreditation; issuance and publication of determination; preliminary declaration; service fees; effective date of accreditation; referendum; denial of accreditation.
Sec. 10.
(1) The department shall issue and publish its determination within 30 days after the close of the hearing. If the determination of the department is to accredit the association, the department shall include a preliminary declaration of accreditation in its determination. The preliminary declaration of accreditation shall clearly state that the association shall represent all producers, members, and nonmembers alike, who are in the bargaining unit and act as exclusive sales agents for the bargaining unit in negotiations with handlers. A producer covered in a declaration of accreditation may join the association and have full membership rights in the association. Handlers shall deduct marketing service fees from the proceeds to be paid to producers for the agricultural commodity in the amount as determined by the association and forward the service fees promptly to the association. The fees shall be within guidelines determined by the department and shall be subject to review by the department upon petition by 15% of the affected producers.
(2) The accreditation of the association by the department shall be effective 30 days after the publication of the preliminary declaration of accreditation. The department shall delay the accreditation of the association if the department receives during the 30-day period a petition signed by at least 1/3 of the producers in the bargaining unit who produce at least 1/3 of the production of the agricultural commodity produced by the bargaining unit, exclusive of quantities contracted with processing cooperatives and produced by handlers, and requesting that the association should not be accredited. The department shall determine, by a mail referendum of bargaining unit producers within 30 days following receipt of the petition, if producers assent to the accreditation of the association. Producers in the bargaining unit shall be considered to have assented to accreditation if more than 50% of the producers in the bargaining unit who produce more than 50% of the volume of the affected commodity assent to representation by the association.
(3) All affected producers, handlers, and other interested parties shall be notified of the outcome of the referendum within 10 days following the referendum. Accreditation shall be effective immediately if producers assent. Accreditation shall be denied without the required assent of the producers.
(4) An association that is denied accreditation may not file another request for accreditation for a period of 1 year.
History:
1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727) › Section 290.711 - Annual Report of Accredited Association.

290.711 Annual report of accredited association.
Sec. 11.
An accredited association shall file an annual report with the department in such form as required by the department to determine if the association continues to meet the requirements for accreditation as provided in section 7.
History:
1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727) › Section 290.712 - Revocation of Accreditation.

290.712 Revocation of accreditation.
Sec. 12.
(1) To revoke the accreditation of an accredited association, the department shall employ a procedure similar to the accreditation procedure set forth in sections 8, 9, and 10. Subject to subsection (2), revocation of accreditation shall be considered by the department upon receipt of any of the following:
(a) A request from an accredited association for its own disaccreditation.
(b) A petition requesting that the accredited association be disaccredited and bearing the signatures of at least 1/3 of the producers in the bargaining unit who produce at least 1/3 of the bargaining unit production of the agricultural commodity exclusive of quantities contracted with processing cooperatives and produced by handlers.
(2) A request for revocation of accreditation may not be accepted by the department during the marketing period or for a 60-day period prior thereto.
History:
1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727) › Section 290.713 - “Bargaining” Defined; Accredited Association as Exclusive Representative; Negotiations; Notice.

290.713 “Bargaining” defined; accredited association as exclusive representative; negotiations; notice.
Sec. 13.
(1) As used in this act, "bargaining" means the mutual obligation of a handler and an accredited association or their designated representatives to meet at reasonable times and confer and negotiate in good faith. The obligation does not require either party to agree to a proposal or to make a concession. An accredited association is the exclusive representative of all producers in the bargaining unit for the purpose of bargaining with all handlers that purchase the agricultural commodity produced in the bargaining unit. Negotiations may include all terms relative to trading between handlers and producers of the agricultural commodity such as the following:
(a) Prices and related terms of sale.
(b) Quality specifications.
(c) Quantity to be marketed.
(d) Transactions involving products and services utilized by 1 party and provided to the other party.
(2) The parties shall notify the department of the commencement of negotiations.
History:
1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727) › Section 290.714 - Mediation of Issues; Duties of Department; Designation of Person to Act in Department's Behalf; Fee.

290.714 Mediation of issues; duties of department; designation of person to act in department's behalf; fee.
Sec. 14.
(1) Upon the request of an accredited association or upon the request of a handler, the department shall provide for the mediation of the issues in dispute. The department shall take such steps as it considers expedient to effect a voluntary, amicable, and expeditious adjustment and settlement of the differences and issues between the association and the handler which could disrupt the normal sale and purchase of the agricultural commodity between producers and the handler. The department shall do all of the following:
(a) Arrange for, hold, adjourn, or reconvene a conference or conferences between disputants and 1 or more of their representatives.
(b) Invite the disputants and their representatives to attend the conference and submit, orally or in writing, the differences between the disputants.
(c) Discuss the differences with the disputants or their representatives.
(d) Assist in negotiating and drafting agreements for the adjustment and settlement of differences.
(2) In implementing its duties under this section, the department may retain a competent individual to act on its behalf. If the department seeks to retain an individual to mediate a dispute, the department shall attempt to retain an individual who has experience in mediation and in agricultural marketing.
(3) Where an individual is retained, the department shall establish his or her fee in advance.
History:
1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727) › Section 290.715 - Election Not to Purchase or Sell During Marketing Period.

290.715 Election not to purchase or sell during marketing period.
Sec. 15.
At any time prior to 30 days before the first day of the marketing period, if an agreement on the issues in dispute between the accredited association and the handler has not been reached, the handler may elect not to purchase, directly or indirectly, any quantity of the agricultural commodity produced in the bargaining unit during the marketing period. If an agreement on the issues in dispute between the accredited association and the handler has not been reached, the affected producers may elect, as represented by the association, not to sell, directly or indirectly, any quantity of the agricultural commodity to the handler during the marketing period. If either party makes an election, the other party is not under an obligation to continue bargaining with the party so electing during that marketing period.
History:
1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727) › Section 290.717 - Hearing; Notice; Duties of Chairperson; Intervention; Evidence; Informal Proceedings; Verbatim Record; Transcripts; Expense; Adjournment; Conclusion; Majority Actions and Rulings.

290.717 Hearing; notice; duties of chairperson; intervention; evidence; informal proceedings; verbatim record; transcripts; expense; adjournment; conclusion; majority actions and rulings.
Sec. 17.
The chairperson of a joint settlement committee established under section 16 shall call a hearing to begin within 15 days after the joint settlement committee is established and shall give reasonable notice of the time and place of the hearing. The chairperson shall preside over the hearing and shall take testimony. Upon application and for good cause shown, and upon terms and conditions that are just, a person having a substantial interest in the dispute may be granted leave to intervene by the joint settlement committee. Any oral or documentary evidence and other data considered relevant by the joint settlement committee may be received in evidence. The proceedings shall be informal. Technical rules of evidence shall not apply and the competency of the evidence shall not be considered impaired. A verbatim record of the proceedings shall be made and the chairperson shall arrange for the necessary recording service. Transcripts may be ordered at the expense of the party ordering them but the transcripts shall not be necessary for a decision by the joint settlement committee. The expense of the proceedings, including a fee to the chairperson, established in advance by the department shall be borne equally by each of the parties to the dispute. The hearing conducted by the joint settlement committee may be adjourned from time to time, but, unless otherwise agreed by the parties, shall be concluded within 30 days of the time of its commencement. The actions and rulings of a majority of the members of the joint settlement committee shall constitute the actions and rulings of the joint settlement committee.
History:
1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 1980, Act 195, Imd. Eff. July 8, 1980 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727) › Section 290.718 - Joint Settlement Committee; Powers; Oaths; Subpoenas; Contempt.

290.718 Joint settlement committee; powers; oaths; subpoenas; contempt.
Sec. 18.
The joint settlement committee may administer oaths, require the attendance of witnesses, and require the production of such books, papers, contracts, agreements, and documents as may be considered material by the committee to a just determination of the issues in dispute, and for such purpose may issue subpoenas. If any person refuses to obey a subpoena, or refuses to be sworn or to testify, or if any witness, party, or attorney is guilty of any contempt while in attendance at any hearing, the joint settlement committee may, or the attorney general if requested shall, invoke the aid of any circuit court within the jurisdiction in which the hearing is being held, which court shall issue an appropriate order. Any failure to obey the order may be punished by the court as contempt.
History:
1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727) › Section 290.719 - Joint Settlement Committee; Findings of Fact; Issuance of Award.

290.719 Joint settlement committee; findings of fact; issuance of award.
Sec. 19.
Within 20 days after the conclusion of the hearing or such further time to which the parties may agree, the joint settlement committee shall make written findings of fact and issue its written award upon the issues presented to it and upon the record made before it, and shall mail or otherwise deliver a true copy thereof to the parties or their representatives. The award of the joint settlement committee shall be limited to the last offer of the association or the last offer of the handler, whichever more nearly complies with the criteria contained in section 20.
History:
1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727) › Section 290.720 - Joint Settlement Committee; Decision; Basis.

290.720 Joint settlement committee; decision; basis.
Sec. 20.
The joint settlement committee shall base its decision upon the following factors:
(a) Prices or projected prices for the agricultural commodity paid by competing handlers in the market area or competing market areas.
(b) Amount of the commodity produced or projections of production in the production area or competing marketing areas.
(c) Relationship between the quantity produced and the quantity handled by the handler.
(d) The producer's cost of production including the cost which would be involved in paying farm labor a fair wage rate.
(e) The average consumer prices for goods and services, commonly known as the cost of living.
(f) The impact of the award on the competitive position of the handler in the marketing area or competing areas.
(g) The impact of the award on the competitive position of the agricultural commodity in relationship to competing commodities.
(h) A fair return on investment.
(i) Kind, quality, or grade of the commodity involved.
(j) Stipulation of the parties.
(k) Such other factors which are normally or traditionally taken into consideration in determining prices, quality, quantity, and the costs of other services involved.
History:
1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727) › Section 290.721 - Finality of Committee's Decision; Enforcement.

290.721 Finality of committee's decision; enforcement.
Sec. 21.
A majority decision of the joint settlement committee, if supported by competent, material and substantial evidence on the whole record, shall be final and binding upon the parties, and may be enforced, at the insistence of either party or of the joint settlement committee in the court of appeals.
History:
1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727) › Section 290.722 - Disobeying or Resisting Order; Contempt.

290.722 Disobeying or resisting order; contempt.
Sec. 22.
A party who willfully disobeys a lawful order of enforcement by the court of appeals pursuant to section 21 or willfully encourages or offers resistance to such order shall be in contempt. The punishment for each day the contempt persists may be a fine fixed in the discretion of the court in an amount not to exceed $500.00 per day.
History:
1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727) › Section 290.723 - Judicial Review of Committee Awards.

290.723 Judicial review of committee awards.
Sec. 23.
(1) Awards of the joint settlement committee shall be reviewable by the court of appeals but only for the following reasons:
(a) The joint settlement committee was without or exceeded its jurisdiction.
(b) The award is unsupported by competent, material, and substantial evidence on the whole record.
(c) The award was procured by fraud, collusion, or other similar and unlawful means.
(2) The pendency of a proceeding for review shall not automatically stay the order of the joint settlement committee.
History:
1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727) › Section 290.724 - Mailing Copy of Contract or Award to Department.

290.724 Mailing copy of contract or award to department.
Sec. 24.
Within 30 days after an accredited association negotiates a contract with a handler or receives a joint settlement committee award, it shall send to the department by registered mail a copy of the contract or award.
History:
1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727) › Section 290.725 - Access of Department to Evidence; Refusal to Obey Subpoena; Service of Process.

290.725 Access of department to evidence; refusal to obey subpoena; service of process.
Sec. 25.
(1) At all reasonable times, the department shall have access to and the right to copy evidence relating to any person or action under investigation by it in connection with any failure or refusal to bargain or for engaging in unfair practices.
(2) In case of refusal to obey a subpoena issued to any person under this act, the circuit court, upon application by the department, shall have jurisdiction to order the person to appear before the department to produce evidence or to give testimony on the matter under investigation, and any failure to obey the order may be punished by the court as a contempt.
(3) Complaints, orders, and other processes and papers of the department under this act may be served personally, by registered mail, or by leaving a copy thereof at the principal office or place of business of the person required to be served. The verified return of service shall be proof of the service. Witnesses summoned before the department shall be paid the same fee and mileage allowance that are paid witnesses in circuit court and witnesses whose depositions are taken, and the person taking the same shall be entitled to the same fees as are paid for like services in circuit court.
(4) All processes of any court to which an application or petition may be made under this act may be served at any place in the state wherein the person or persons required to be served reside or may be found.
History:
1972, Act 344, Eff. Mar. 30, 1973 ;-- Am. 2012, Act 119, Imd. Eff. May 2, 2012
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727) › Section 290.726 - Antitrust Law Not Violated.

290.726 Antitrust law not violated.
Sec. 26.
The activities of accredited associations and handlers in bargaining with respect to the price and other terms of sale of the agricultural commodities produced by the members of such accredited associations do not violate any antitrust law of this state.
History:
1972, Act 344, Eff. Mar. 30, 1973
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727) › Section 290.727 - Repealed. 1976, Act 155, Imd. Eff. June 17, 1976.

290.727 Repealed. 1976, Act 155, Imd. Eff. June 17, 1976.
Compiler's Notes:
The repealed section contained an expiration date and saving clause.
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 184 of 1994 - Michigan Ginseng Act (290.751 - 290.781) › Section 290.751 - Short Title.

290.751 Short title.
Sec. 1.
This act shall be known and may be cited as the "Michigan ginseng act".
History:
1994, Act 184, Eff. Mar. 30, 1995
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 184 of 1994 - Michigan Ginseng Act (290.751 - 290.781) › Section 290.753 - Definitions.

290.753 Definitions.
Sec. 3.
As used in this act:
(a) "Buy" means to purchase, trade, or barter, or to offer to purchase, trade, or barter.
(b) "Collect" means the harvest of wild ginseng.
(c) "Collector" means a person who collects wild ginseng.
(d) "Cultivated ginseng" means ginseng growing or grown in managed beds under artificial or natural shade and cultivated according to recognized ginseng horticultural practices. Cultivated ginseng includes woodsgrown ginseng.
(e) "Dealer" means a person who buys, collects, or otherwise acquires ginseng roots in this state for resale or trade.
(f) "Dealer license" means a license issued by the director authorizing a dealer to buy, collect, or otherwise acquire ginseng roots for resale or export from this state.
(g) "Department" means the department of agriculture.
(h) "Director" means the director of the department of agriculture or an authorized representative of the director.
(i) "Dry weight" means the weight in pounds and ounces of harvested or collected ginseng root that is dried and is no longer viable.
(j) "Ginseng" means Panaxquinquefolius L., also known as Panaxquinquefolium L., commonly known as American ginseng, either wild or cultivated, and includes plants and plant parts.
(k) "Ginseng certificate" means a document issued by the department or other official agency authorized by the director that verifies the origin, quantity by weight, type, and condition of ginseng offered for inspection.
(l) "Green weight" means the weight in pounds and ounces of freshly harvested or collected ginseng root that is not dried and is still viable.
(m) "Grower" means a person who grows cultivated ginseng.
(n) "Grower license" means a license issued by the director authorizing a grower to sell cultivated ginseng that the grower has produced.
(o) "Harvest" means to cut, pick, dig, root up, or gather ginseng.
(p) "Natural habitat" means the environment where a species exists as a natural population.
(q) "Person" means an individual, sole proprietorship, partnership, corporation, limited liability company, association, governmental entity, or other legal entity.
(r) "Purchaser" means a person who buys or otherwise acquires ginseng from a grower, collector, or other purchaser for resale or trade.
(s) "Sell" means to sell, trade, or barter, or to offer to sell, trade, or barter.
(t) "Wild ginseng" means ginseng growing or grown in an uncultivated state or harvested from its natural habitat. Wild ginseng includes ginseng that was introduced to or propagated in its natural habitat by sowing ginseng seed or transplanting ginseng plants from other areas and performing no other standard ginseng horticultural practices.
(u) "Woodsgrown ginseng" means ginseng growing or grown in managed beds under natural shade.
History:
1994, Act 184, Eff. Mar. 30, 1995
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 184 of 1994 - Michigan Ginseng Act (290.751 - 290.781) › Section 290.755 - Ginseng Management Program; Establishment; Administration; Purpose; Ginseng Management Program Fund; Payment, Deposit, and Use of Money; Rules.

290.755 Ginseng management program; establishment; administration; purpose; ginseng management program fund; payment, deposit, and use of money; rules.
Sec. 5.
(1) The director shall establish and administer a ginseng management program to promote the production and harvest of cultivated ginseng and the legal collection of wild ginseng, if allowed, and to prohibit acts detrimental to the survival of the indigenous ginseng population. The ginseng management program shall regulate ginseng collecting, harvesting, certification, transportation, and sale.
(2) The state treasurer shall establish in the state treasury the ginseng management program fund. A fee, fine, penalty, or forfeited money from a conviction, confiscation, or other action taken under this act, or a licensing fee or inspection fee under this act, shall be paid to the state treasurer and deposited in the ginseng management program fund. Money in the fund shall be used only for the administration of this act.
(3) The director may promulgate rules to implement this act pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws.
History:
1994, Act 184, Eff. Mar. 30, 1995
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 184 of 1994 - Michigan Ginseng Act (290.751 - 290.781) › Section 290.757 - Inspection; Seizure; Forfeiture; Deposit of Proceeds From Sale of Seized Ginseng; Inspection Fee.

290.757 Inspection; seizure; forfeiture; deposit of proceeds from sale of seized ginseng; inspection fee.
Sec. 7.
(1) The director may inspect any ginseng sold, held, or transported in this state. A person shall not resist agents of the department who request to inspect ginseng. A person shall not hinder a ginseng inspection by misrepresenting or concealing facts.
(2) The director shall not certify and may seize ginseng cultivated, harvested, collected, or otherwise acquired in violation of this act, or in violation of a rule promulgated under this act. Seized ginseng is forfeited to the state and may be disposed of as determined by the director. The director may certify and sell seized ginseng. Proceeds from the sale of seized ginseng shall be deposited into the ginseng management program fund.
(3) The department shall charge an inspection fee based on an hourly rate established by the insect pest and plant disease act, Act No. 189 of the Public Acts of 1931, being sections 286.201 to 286.226 of the Michigan Compiled Laws, or rules promulgated pursuant to Act No. 189 of the Public Acts of 1931, for certification of both cultivated and wild ginseng.
History:
1994, Act 184, Eff. Mar. 30, 1995