reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 44 of 1984 - Motor Fuels Quality Act (290.641 - 290.650d) › Section 290.644a - Testing Storage Tank at Retail Outlet to Determine Water or Water-Alcohol Level; Prohibited Sales; Testing Supplies.

290.644a Testing storage tank at retail outlet to determine water or water-alcohol level; prohibited sales; testing supplies.
Sec. 4a.
(1) A storage tank at a retail outlet shall be periodically tested by the retail dealer to insure that the tank does not have water or water-alcohol at the bottom of that tank in an amount greater than 2 inches. If there is more than 2 inches of water or water-alcohol at the bottom of the storage tank, gasoline, diesel fuel, biodiesel, or biodiesel blend shall not be sold to a consumer from that tank until the water or water-alcohol level is reduced to a level of less than 2 inches.
(2) Adequate testing supplies, as determined by the department, shall be maintained at the retail outlet and shall also be made available to the department to determine the water or water-alcohol level in the storage tank.
History:
Add. 1986, Act 127, Eff. Aug. 1, 1986 ;-- Am. 2002, Act 13, Imd. Eff. Feb. 19, 2002 ;-- Am. 2002, Act 425, Imd. Eff. June 5, 2002 ;-- Am. 2006, Act 271, Imd. Eff. July 7, 2006
Compiler's Notes:
For transfer of powers and duties relating to purity and quality standards for biofuels from department of energy, labor, and economic growth to department of agriculture, see E.R.O. No. 2009-4, compiled at MCL 445.2026.
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 44 of 1984 - Motor Fuels Quality Act (290.641 - 290.650d) › Section 290.645a - Renewable Fuels Fund; Creation; Deposits; Investment; Funds at Close of Fiscal Year; Disbursement; Department as Administrator; Definitions.

290.645a Renewable fuels fund; creation; deposits; investment; funds at close of fiscal year; disbursement; department as administrator; definitions.
Sec. 5a.
(1) The renewable fuels fund is created within the state treasury. The state treasurer may receive money or other assets from any source for deposit into the renewable fuels fund. The state treasurer shall direct the investment of the renewable fuels fund. The state treasurer shall credit to the fund interest and earnings from fund investments. Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.
(2) The state treasurer shall disburse money in the fund described in subsection (1) on a quarterly basis to the department. Beginning not later than February 1, 2009, the department shall submit to the state treasurer a summary of expenditures during the preceding year of the money received under this section.
(3) The department shall be the administrator of the fund for auditing purposes.
(4) The department shall administer the fund to do 1 or more of the following:
(a) Promote the production and use of alternative fuels.
(b) Award grants to selected recipients to improve the production of alternative fuels in this state.
(c) Encourage the development of motor fuel quality standards for renewable fuels under this act.
(d) Provide incentives to retailers who sell renewable fuels.
(e) Promote the sale of vehicles that can be powered by renewable fuels.
(5) As used in this section:
(a) "Renewable fuels" includes, but is not limited to, biodiesel, biodiesel blend, hydrogen fuel, and E85 fuel.
(b) "E85 fuel" means that term as defined in section 78 of the Michigan strategic fund act, 1984 PA 270, MCL 125.2078.
History:
Add. 2008, Act 321, Imd. Eff. Dec. 18, 2008
Compiler's Notes:
For transfer of powers and duties relating to purity and quality standards for biofuels from department of energy, labor, and economic growth to department of agriculture, see E.R.O. No. 2009-4, compiled at MCL 445.2026.
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 44 of 1984 - Motor Fuels Quality Act (290.641 - 290.650d) › Section 290.648 - Gasoline Inspection and Testing Fund; Creation; Administration; Investment of Money; Use of Money and Earnings From Investment; Disposition of Civil Fines, Appropriations, Federal Money, and Other Funds.

290.648 Gasoline inspection and testing fund; creation; administration; investment of money; use of money and earnings from investment; disposition of civil fines, appropriations, federal money, and other funds.
Sec. 8.
The gasoline inspection and testing fund is created in the state treasury and shall be administered by the director. The state treasurer shall direct the investment of money in the fund. The money in the fund and earnings from investment of the money shall be used exclusively for the purpose of funding the gasoline inspection and testing program and the vapor-recovery program established in this act. Any civil fines ordered in an enforcement proceeding brought under sections 4 and 5, any money that may be appropriated from the general fund for the purposes of sections 7 and 9a to 9j, and any money made available to the director by an agency of the federal government for purposes of sections 7 and 9a to 9j shall be deposited in the fund. In addition, any other funds authorized by law for the enforcement of this act may be deposited in the gasoline inspection and testing fund.
History:
1984, Act 44, Eff. Mar. 29, 1985 ;-- Am. 1993, Act 236, Imd. Eff. Nov. 13, 1993
Compiler's Notes:
For transfer of powers and duties relating to purity and quality standards for biofuels from department of energy, labor, and economic growth to department of agriculture, see E.R.O. No. 2009-4, compiled at MCL 445.2026.
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 44 of 1984 - Motor Fuels Quality Act (290.641 - 290.650d) › Section 290.649 - Civil Action for Damage to Motor Vehicle; Costs; Other Rights to Relief Not Restricted.

290.649 Civil action for damage to motor vehicle; costs; other rights to relief not restricted.
Sec. 9.
(1) Any person may commence a civil action on that person's own behalf seeking relief for damage caused to that person's motor vehicle as a result of a violation of section 4a or 5 or rules promulgated pursuant to section 4a or 5 against any person alleged to be in violation of section 4a or 5 or rules promulgated pursuant to those sections.
(2) In an action brought pursuant to subsection (1), the court may award costs of litigation, including reasonable attorney and expert witness fees, if the court determines that the award is appropriate.
(3) This section shall not be construed to restrict any right that a person or class of persons has under common law or a law of this state or the United States to seek relief from a violation of section 4a or 5 or rules promulgated pursuant to those sections.
History:
1984, Act 44, Eff. Mar. 29, 1985 ;-- Am. 1986, Act 127, Eff. Aug. 1, 1986
Compiler's Notes:
For transfer of powers and duties relating to purity and quality standards for biofuels from department of energy, labor, and economic growth to department of agriculture, see E.R.O. No. 2009-4, compiled at MCL 445.2026.
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 44 of 1984 - Motor Fuels Quality Act (290.641 - 290.650d) › Section 290.649a - Rules.

290.649a Rules.
Sec. 9a.
The director shall promulgate rules as necessary to implement sections 9b to 9h and 9j.
History:
Add. 1993, Act 236, Imd. Eff. Nov. 13, 1993
Compiler's Notes:
For transfer of powers and duties relating to purity and quality standards for biofuels from department of energy, labor, and economic growth to department of agriculture, see E.R.O. No. 2009-4, compiled at MCL 445.2026.
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 44 of 1984 - Motor Fuels Quality Act (290.641 - 290.650d) › Section 290.649b - Dispensing Facility Exempt From Certain Requirements; Annual Report; Records; Notice.

290.649b Dispensing facility exempt from certain requirements; annual report; records; notice.
Sec. 9b.
(1) Except as otherwise provided for in this section, a dispensing facility that never dispenses 10,000 gallons (37,850 liters) or more of gasoline per month on average in any 12-month period, beginning with the 12 months preceding the effective date of this section is exempt from the requirements of sections 9a to 9d, 9i, and 9j. If the dispensing facility is inactive for any period during the 12-month averaging period, the average shall be calculated based upon the months of actual operation. The exemption described in this subsection does not apply to a dispensing facility that dispenses 10,000 or more gallons of gasoline per month on average in any 12-month period and such a facility is subject to sections 9a to 9f, 9i, and 9j and continues to be subject to these sections even if the facility's gasoline throughput later falls below the exemption threshold.
(2) A dispensing facility that claims or intends to claim exempt status under subsection (1) and which has 2,000 or more gallons stationary gasoline storage capacity beginning in 1994 shall submit an annual report to the department by March 1 of each year for gasoline dispensed during the preceding year. These throughput records shall contain the quantity of gasoline dispensed at the facility during each month of operation for the preceding calendar year and shall list any period of time the facility was not operational during the preceding calendar year. The director shall review and verify the accuracy of the documents before making final determination on eligibility for exemption.
(3) If a dispensing facility's gasoline throughput for any calendar month ever exceeds the applicability threshold, the operator shall notify the department within 30 days.
History:
Add. 1993, Act 236, Imd. Eff. Nov. 13, 1993 ;-- Am. 2006, Act 104, Imd. Eff. Apr. 6, 2006
Compiler's Notes:
For transfer of powers and duties relating to purity and quality standards for biofuels from department of energy, labor, and economic growth to department of agriculture, see E.R.O. No. 2009-4, compiled at MCL 445.2026.
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 44 of 1984 - Motor Fuels Quality Act (290.641 - 290.650d) › Section 290.649c - Repealed. 2006, Act 104, Imd. Eff. Apr. 6, 2006.

290.649c Repealed. 2006, Act 104, Imd. Eff. Apr. 6, 2006.
Compiler's Notes:
The repealed section pertained to stage II vapor recovery system equipment.
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 44 of 1984 - Motor Fuels Quality Act (290.641 - 290.650d) › Section 290.649d - Maintenance of Stage I Vapor-Recovery System; Inspection of Systems; Repair, Modification, or Tampering Prohibited.

290.649d Maintenance of stage I vapor-recovery system; inspection of systems; repair, modification, or tampering prohibited.
Sec. 9d.
(1) The operator shall maintain the stage I vapor-recovery systems in proper operating condition as specified by the manufacturer and free of defects that could impair the effectiveness of the system. Any component identified as defective, but which does not substantially impair the effectiveness of the system, may remain in operation but shall be repaired or replaced within 15 days after identification.
(2) The stage I vapor-recovery systems and gasoline-dispensing equipment shall be maintained to have no leaks.
(3) The operator shall conduct equipment inspections at least weekly to determine if the stage I vapor-recovery system is operating in accordance with this act and rules promulgated under this act.
(4) A person shall not repair, modify, or permit the repair or modification of the stage I vapor-recovery system or its components so that they are different from their approved configuration; or tamper with, or permit tampering with, the system in a manner that would impair the operation or effectiveness of the system.
History:
Add. 1993, Act 236, Imd. Eff. Nov. 13, 1993 ;-- Am. 2006, Act 104, Imd. Eff. Apr. 6, 2006
Compiler's Notes:
For transfer of powers and duties relating to purity and quality standards for biofuels from department of energy, labor, and economic growth to department of agriculture, see E.R.O. No. 2009-4, compiled at MCL 445.2026.
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 44 of 1984 - Motor Fuels Quality Act (290.641 - 290.650d) › Section 290.649e, 290.649f - Repealed. 2006, Act 104, Imd. Eff. Apr. 6, 2006.

290.649e, 290.649f Repealed. 2006, Act 104, Imd. Eff. Apr. 6, 2006.
Compiler's Notes:
The repealed sections pertained to training requirements, subject areas, and initial and subsequent compliance testing.
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 44 of 1984 - Motor Fuels Quality Act (290.641 - 290.650d) › Section 290.649g - Records.

290.649g Records.
Sec. 9g.
(1) An operator shall maintain accurate records of all of the following at the dispensing facility location:
(a) All current licenses and permits required to operate the dispensing facility.
(b) The location, including the contact person's name, address, and telephone number, of the records required under this act which are not maintained at the dispensing facility location.
(2) An operator shall maintain accurate stage I vapor-recovery or gasoline-dispensing equipment maintenance records on forms approved by the department for 3 years.
(3) The records required by subsection (2) shall be maintained for 1 year at the dispensing facility location. After this time these records may be maintained at another business location.
(4) Records required under this act and maintained at the dispensing facility location shall be made available to the director upon request during normal business hours. If records required under this section are not maintained at the dispensing facility location, the records shall be provided to the director within 72 hours of a request.
History:
Add. 1993, Act 236, Imd. Eff. Nov. 13, 1993 ;-- Am. 2006, Act 104, Imd. Eff. Apr. 6, 2006
Compiler's Notes:
For transfer of powers and duties relating to purity and quality standards for biofuels from department of energy, labor, and economic growth to department of agriculture, see E.R.O. No. 2009-4, compiled at MCL 445.2026.
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 44 of 1984 - Motor Fuels Quality Act (290.641 - 290.650d) › Section 290.649j - Delivery of Gasoline; Stage I Vapor-Recovery System; Applicability of Subsection (7).

290.649j Delivery of gasoline; Stage I vapor-recovery system; applicability of subsection (7).
Sec. 9j.
(1) A person shall not deliver gasoline or permit the delivery of gasoline to a dispensing facility that lacks a stage I vapor-recovery system.
(2) Prior to delivery of gasoline to a dispensing facility, a delivery vessel shall be certified by the department of environmental quality as vapor tight by meeting the requirements of R 336.1627 of the Michigan administrative code.
(3) A person shall not deliver gasoline or permit the delivery of gasoline to a dispensing facility unless the stage I vapor-recovery system is employed during delivery and the dispensing facility storage tank is equipped with a permanent submerged fill pipe.
(4) A stage I vapor-recovery system shall include a properly functioning interlocking system or procedure that ensures that the vapor-tight collection line is connected before any gasoline is loaded, or shall include an equivalent system approved by the department.
(5) A stage I vapor-recovery system shall have a poppetted drybreak on the vapor return or an equivalent system approved by the department.
(6) All open vent pipes for a stage I vapor-recovery system that are on stationary tanks at dispensing facilities shall be equipped with pressure-vacuum relief valves in a system approved by the department.
(7) A dispensing facility regulated under this act is not subject to R 336.1606 or R 336.1703, or both, of the Michigan administrative code. This subsection does not apply to a delivery vessel which shall continue to be subject to the rules listed in this subsection.
History:
Add. 1993, Act 236, Imd. Eff. Nov. 13, 1993 ;-- Am. 2006, Act 104, Imd. Eff. Apr. 6, 2006
Compiler's Notes:
For transfer of powers and duties relating to purity and quality standards for biofuels from department of energy, labor, and economic growth to department of agriculture, see E.R.O. No. 2009-4, compiled at MCL 445.2026.
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 44 of 1984 - Motor Fuels Quality Act (290.641 - 290.650d) › Section 290.649k - Declaration of Emergency.

290.649k Declaration of emergency.
Sec. 9k.
If the governor declares an emergency under the emergency management act, 1976 PA 390, MCL 30.401 to 30.421, or 1982 PA 191, MCL 10.81 to 10.89, the governor may exercise his or her discretion to grant a temporary variance suspending the low vapor pressure fuel provisions of this act or rules promulgated under this act if the governor concludes it is necessary to avoid disruptions in fuel supply. Fuel manufactured, sold, distributed, offered for sale or distribution, dispensed, offered for supply, stored, or transported under the variance shall be deemed compliant with the low vapor pressure fuel requirements of this act. The fine described in section 9l does not apply to a variance described in this section. The variance shall be granted only for the minimum period necessary. The allowable vapor pressure under the variance shall be the minimum the governor considers necessary and in no event shall the variance allow the refiner, distributor, or terminal to operate with a vapor pressure of greater than 9.0 psi.
History:
Add. 2006, Act 104, Imd. Eff. Apr. 6, 2006
Compiler's Notes:
For transfer of powers and duties relating to purity and quality standards for biofuels from department of energy, labor, and economic growth to department of agriculture, see E.R.O. No. 2009-4, compiled at MCL 445.2026.
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 44 of 1984 - Motor Fuels Quality Act (290.641 - 290.650d) › Section 290.649l - Variance; Conditions for Granting; Fines; Disposition.

290.649l Variance; conditions for granting; fines; disposition.
Sec. 9l.
(1) A gasoline refiner, distributor, or terminal may petition the department for a temporary variance from the vapor pressure standards established by the director or in this act. In order to receive a variance, the refiner, distributor, or terminal shall demonstrate that fuel necessary to meet the current standard cannot be supplied and that the refiner, distributor, or terminal has taken and will continue to take all reasonable steps to minimize the vapor pressure of fuel during the period the variance is in effect. If the department finds that the reason fuel that would allow the refiner, distributor, or terminal to meet the standard is not available is beyond the control of the refiner, distributor, or terminal and that compliance with the vapor pressure standard would result in fuel shortages that cannot otherwise be made up, the department may grant the variance. The variance shall be granted only for the minimum period necessary and in no event shall the department grant a variance for longer than 20 days. The allowable vapor pressure under the variance shall be the minimum the department considers necessary and in no event shall allow the refiner, distributor, or terminal to operate with a vapor pressure of greater than 9.0 psi.
(2) A fine of 10 cents per gallon of fuel sold or released for sale during the variance period shall be collected by the department for every variance granted. After 2006, the amount of the fine shall be the amount charged in 2006 annually adjusted by the same percentage increase or decrease as the increase or decrease in the Detroit consumer price index. The department shall collect the fines on forms generated by the department and shall establish a payment schedule for payment of fines. Fines collected under this section shall be deposited in the gasoline inspection and testing fund established in section 8 and shall be appropriated annually by the legislature for air quality mitigation projects in the geographic area covered by the applicable state implementation plan requirement for low vapor pressure fuel.
History:
Add. 2006, Act 104, Imd. Eff. Apr. 6, 2006
Compiler's Notes:
For transfer of powers and duties relating to purity and quality standards for biofuels from department of energy, labor, and economic growth to department of agriculture, see E.R.O. No. 2009-4, compiled at MCL 445.2026.
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 44 of 1984 - Motor Fuels Quality Act (290.641 - 290.650d) › Section 290.650 - Hindering, Obstructing, Assaulting, or Committing Bodily Injury Upon Director or Authorized Representative as Misdemeanor; Penalty.

290.650 Hindering, obstructing, assaulting, or committing bodily injury upon director or authorized representative as misdemeanor; penalty.
Sec. 10.
A person who hinders or obstructs in any way, or assaults or commits a bodily injury upon the director or an authorized representative of the director while in the performance of his or her official duties, knowing that person to be the director or an authorized representative of the director, shall be guilty of a misdemeanor, punishable by imprisonment for not more than 2 years, by a fine of not more than $5,000.00, or both. In addition, any license issued or applied for pursuant to this act by a person convicted under this section shall be revoked or denied for 2 years.
History:
Add. 1986, Act 127, Eff. Aug. 1, 1986
Compiler's Notes:
For transfer of powers and duties relating to purity and quality standards for biofuels from department of energy, labor, and economic growth to department of agriculture, see E.R.O. No. 2009-4, compiled at MCL 445.2026.
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 44 of 1984 - Motor Fuels Quality Act (290.641 - 290.650d) › Section 290.650a - Violation; Administrative Fine; Hearing; Judicial Review; Action Brought by Attorney General; Payment and Disposition of Fine, Costs, and Economic Benefit.

290.650a Violation; administrative fine; hearing; judicial review; action brought by attorney general; payment and disposition of fine, costs, and economic benefit.
Sec. 10a.
(1) A person who individually, or by the action of his or her agent or employee, or as the agent or employee of another violates this act or a rule promulgated under this act is subject to an administrative fine. Upon the request of a person to whom an administrative fine is issued, the director shall conduct a hearing conducted pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. A fine authorized by this section shall be as follows:
(a) For a first violation, not less than $100.00 or more than $500.00, plus actual costs of the investigation and double the amount of any economic benefit associated with the violation.
(b) For a second violation within 5 years after the first violation, not less than $500.00 or more than $1,000.00, plus actual costs of the investigation and double the amount of any economic benefit associated with the violation.
(c) For a third violation within 5 years after the date of the first violation, not less than $1,000.00 or more than $2,000.00, plus actual costs of the investigation and double the amount of any economic benefit associated with the violation.
(2) A decision of the director under this section is subject to judicial review as provided by law.
(3) The director shall advise the attorney general of the failure of any person to pay an administrative fine imposed under this section. The attorney general shall bring an action in court of competent jurisdiction to recover the fine.
(4) Any administrative fine, costs, and the recovery of any economic benefit associated with a violation collected under this section shall be paid to the state treasury and deposited into the gasoline inspection and testing fund.
History:
Add. 1993, Act 236, Imd. Eff. Nov. 13, 1993 ;-- Am. 2002, Act 13, Imd. Eff. Feb. 19, 2002
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 44 of 1984 - Motor Fuels Quality Act (290.641 - 290.650d) › Section 290.650b - Conduct as Misdemeanor or Felony; Assessment of Costs.

290.650b Conduct as misdemeanor or felony; assessment of costs.
Sec. 10b.
(1) A person who individually, or by the action of his or her agent or employee, or as the agent or employee of another, performs any of the following is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $1,000.00 or more than $2,000.00, or both:
(a) Renders less effective or inoperable any part of a stage I vapor-recovery system.
(b) Makes a false statement, representation, or certification on an application, report, plan, label, or other document that is required to be maintained under this act or rules promulgated under this act.
(c) Fails to disclose to the department any knowledge or information relating to or observation of any modification of a stage I vapor-recovery system which makes the system less effective or inoperable, or falsification of records required to be maintained under this act or rules promulgated under this act.
(d) Removes a tag, seal, or mark placed on a dispensing device by the director.
(e) Violates this act or a rule promulgated under this act for which a specific penalty is not prescribed.
(2) A person who individually, or by the action of his or her agent or employee, or as the agent or employee of another, performs any of the following acts is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $2,000.00 or more than $10,000.00, or both:
(a) Violates a prohibited act listed in this section within 24 months after another violation of this section that results in a conviction.
(b) Impersonates in any way the director or any department inspector.
(3) A person who individually, or by the action of his or her agent or employee, or as the agent or employee of another, performs any of the following acts is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not less than $10,000.00 or more than $15,000.00, or both:
(a) Intentionally commits a prohibited act under this section.
(b) Violates a prohibited act listed in this section within 24 months after 2 previous violations of this section that result in convictions.
(4) If a violation of this section results in a conviction, the court shall assess against the defendant the costs of the department's investigation, and these costs shall be paid to the state treasury and deposited in the gasoline inspection and testing fund to be used for the enforcement of this act.
History:
Add. 1993, Act 236, Imd. Eff. Nov. 13, 1993 ;-- Am. 2002, Act 13, Imd. Eff. Feb. 19, 2002 ;-- Am. 2006, Act 104, Imd. Eff. Apr. 6, 2006
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 44 of 1984 - Motor Fuels Quality Act (290.641 - 290.650d) › Section 290.650c - Stage I Vapor Control Program; Implementation.

290.650c Stage I vapor control program; implementation.
Sec. 10c.
The director retains the authority to implement the stage I vapor control program in areas where it is determined necessary to attain or maintain national ambient air quality standards.
History:
Add. 1993, Act 236, Imd. Eff. Nov. 13, 1993 ;-- Am. 2006, Act 104, Imd. Eff. Apr. 6, 2006
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 44 of 1984 - Motor Fuels Quality Act (290.641 - 290.650d) › Section 290.650d - Areas Requiring Certain Vapor Pressure; Termination of Requirement.

290.650d Areas requiring certain vapor pressure; termination of requirement.
Sec. 10d.
Beginning June 1 through September 15 of 2007 and for that period of time each subsequent year, the vapor pressure standard shall be 7.0 psi for dispensing facilities in Wayne, Oakland, Macomb, Washtenaw, Livingston, Monroe, St. Clair, and Lenawee counties. The director retains the authority to implement the vapor pressure 7.0 psi requirement or 7.8 psi requirement in areas where it is determined necessary to attain or maintain national ambient air quality standards. If an area of the state that is required to use a low vapor pressure fuel of 7.8 psi or 7.0 psi has been redesignated by the United States environmental protection agency as in attainment of national ambient air quality standards, and the Michigan department of environmental quality has demonstrated that maintenance of the national ambient air quality standards can be achieved without the use of low vapor pressure fuel, the director may, with the approval of the United States environmental protection agency, terminate the low vapor pressure fuel requirement for that area.
History:
Add. 1993, Act 231, Imd. Eff. Nov. 13, 1993 ;-- Am. 2006, Act 104, Imd. Eff. Apr. 6, 2006
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 232 of 1965 - Agricultural Commodities Marketing Act (290.651 - 290.674) › Section 290.651 - Agricultural Commodities Marketing Act; Short Title.

290.651 Agricultural commodities marketing act; short title.
Sec. 1.
This act shall be known and may be cited as the "agricultural commodities marketing act".
History:
1965, Act 232, Eff. Mar. 31, 1966
Constitutionality:
The Michigan supreme court, in Dukesherer Farms, Inc v Director of the Department of Agriculture, 405 Mich 1; 273 NW2d 877 (1979), found the agricultural commodities marketing act and the Michigan cherry promotion and development program instituted pursuant to the act constitutional.
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 232 of 1965 - Agricultural Commodities Marketing Act (290.651 - 290.674) › Section 290.654 - Inspection and Grading; Approved Inspectors.

290.654 Inspection and grading; approved inspectors.
Sec. 4.
For the purpose of this act, all inspection and grading shall be performed by or under the supervision of trained inspectors approved by the director or by inspectors supplied under cooperative agreement between the department and the United States department of agriculture.
History:
1965, Act 232, Eff. Mar. 31, 1966 ;-- 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 290.656 - Marketing Program; Temporary Suspension, Duration.

290.656 Marketing program; temporary suspension, duration.
Sec. 6.
The operation of a marketing program, or any part thereof, may be temporarily suspended by the director upon recommendation by the committee for a period of not longer than 1 growing and marketing season if the program or part is deemed undesirable during such season.
History:
1965, Act 232, Eff. Mar. 31, 1966
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 232 of 1965 - Agricultural Commodities Marketing Act (290.651 - 290.674) › Section 290.658 - Disposition of Moneys or Assets Collected; Expenditures.

290.658 Disposition of moneys or assets collected; expenditures.
Sec. 8.
(1) Money, assets, or other items of value collected or received under this act, whether collected from assessments, received as grants or gifts, or earned from royalties or license fees or derived from any activities performed by another organization, agency, or individual and conducted under a marketing program, are not state money and shall be deposited in a financial institution in this state. The money shall be allocated to the marketing program under which it is collected or received and shall be disbursed only for the necessary expenses incurred for the marketing program according to the rules established under the marketing program and for grants authorized under a marketing agreement or marketing program.
(2) Except as otherwise provided for in this subsection, all expenditures shall be audited by a certified public accountant at least annually and within 30 days after completion of the audit, the certified public accountant shall give copies of the audit to the members of the committee and the director. An activity and financial report shall be published annually and made available to interested parties. A committee with annual assets of $50,000.00 or less, based upon a 3-year average, shall be audited twice between referenda and shall have a financial review conducted in those years where it is not audited under this subsection.
History:
1965, Act 232, Eff. Mar. 31, 1966 ;-- Am. 1996, Act 216, Imd. Eff. May 28, 1996 ;-- Am. 1997, Act 20, Imd. Eff. June 12, 1997 ;-- 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 290.659 - Refunds.

290.659 Refunds.
Sec. 9.
(1) Money remaining from the assessments collected under a marketing program may be refunded at the close of any marketing season upon a pro rata basis to all persons from whom assessments were collected. If the committee finds that the money may be necessary to defray the cost of operating a marketing program in succeeding marketing seasons, all or any portion of the money may be carried over into succeeding seasons.
(2) Upon termination of any marketing program, all money remaining and not required to defray the expenses of operating the marketing program shall be refunded on a pro rata basis to persons from whom assessments were collected. If the committee finds that the refundable amount is so small as to make impracticable the computation and refunding of the money, it may be used to defray the expenses incurred by the department in the formulation, adoption, administration, or enforcement of any subsequent marketing program for the commodity or for agricultural research for that commodity. In the case of money earned from royalties, license fees, or other assets that may be collected or received after termination of a marketing program, that money shall be allocated to any institution of higher education engaged in agricultural or nutritional research, as determined by the director.
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 290.660 - Petition for Program or Amendment; Notice; Public Hearing; Decision by Director; Producers.

290.660 Petition for program or amendment; notice; public hearing; decision by director; producers.
Sec. 10.
(a) Whenever the director has received a petition signed by 25%, or 200, whichever is less, of the producers of an agricultural commodity regarding the adoption of a marketing program or amendments to an existing marketing program, he or she shall give notice of a public hearing on the proposed marketing program or the proposed amendments to an existing marketing program. After receiving a petition for the establishment of a marketing program, the director may appoint a temporary producer committee to develop the proposed marketing program to be considered at the public hearing.
(b) The director may require all handlers or processors of the agricultural commodity or distributors of the agricultural commodity input as individuals or through their trade associations to file with him or her within 30 days a report, properly certified, showing the correct names and addresses of all producers of the agricultural commodity from whom such handler, processor, or distributor received such agricultural commodity or agricultural commodity input in the marketing season next preceding the filing of such report. The director shall not make public or provide to anyone for private use the information contained in the individual reports of handlers or processors filed with the director pursuant to this section.
(c) The director shall issue a decision within 45 days after the close of the hearing based upon his or her findings and deliver to all parties of record appearing at the hearing and any other interested parties upon the request of those interested parties, by mail or otherwise, copies of the findings and recommendation approving or disapproving of the proposed marketing program. The recommendation shall contain the text in full of any proposed marketing program or amendment of an existing marketing program. The recommendation shall be substantially within the purview of the notice of hearings and shall be supported by evidence taken at the hearing or by documents of which the director is authorized to take official notice.
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 290.661 - Referendum to Determine Assent of Producers and Processors.

290.661 Referendum to determine assent of producers and processors.
Sec. 11.
(1) After recommending the adoption or amendment of a marketing program, the director shall determine by a referendum whether the affected producers assent to the proposed action. If provisions prescribed in section 3(1)(h) are part of the proposed marketing program, the director shall also determine by a referendum if processors assent to the proposed action. The director shall conduct the referendum within 45 days after the issuance of the recommendation. The affected producers shall be considered to have assented to the proposal if more than 50% by number of those voting representing more than 50% of the volume of the affected agricultural commodity produced by those voting assent to the proposal. The affected processors, if provisions prescribed in section 3(1)(h) are in the marketing program, shall be considered to have assented to the proposal if more than 50% by number of those voting representing more than 50% of the volume of the affected agricultural commodity processed by those voting assent to the proposal.
(2) A marketing program involving provisions prescribed in section 3(1)(h) shall not be instituted without assent of both the affected producers and the affected processors.
History:
1965, Act 232, Eff. Mar. 31, 1966 ;-- Am. 1978, Act 146, Imd. Eff. May 12, 1978 ;-- 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 290.662 - Referendum; Director to Establish Procedures for Determination of Volume.

290.662 Referendum; director to establish procedures for determination of volume.
Sec. 12.
The director shall establish procedures for determination of volume for the conduct of referendums and other necessary procedures. For the purpose of referendums under this act, a producer is entitled to 1 vote representing a single firm, individual proprietorship, corporation, company, association, partnership, husband-wife or family ownership.
History:
1965, Act 232, Eff. Mar. 31, 1966
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 232 of 1965 - Agricultural Commodities Marketing Act (290.651 - 290.674) › Section 290.663 - Termination of Program; Petition, Hearing, Recommendation, Referendum.

290.663 Termination of program; petition, hearing, recommendation, referendum.
Sec. 13.
(a) Upon written petition duly signed by 25%, or 200, of the producers affected by the program, whichever is less, the director shall, within 30 days, give 10 days' notice and hold a hearing on termination of a program.
(b) Within 30 days after the close of the hearings, the director, after consulting with the committee, shall issue a recommendation, give public notice, and notify all producers of record, all parties appearing at the hearing and any other interested parties.
(c) The director, upon recommending termination of a marketing program, shall, within 30 days, conduct a referendum to determine whether the affected producers assent to the proposed action. The affected producers shall be deemed to have assented to the termination of the program if 51% or more by number of those voting, representing 51% or more of the volume of those voting, vote in favor of its termination.
History:
1965, Act 232, Eff. Mar. 31, 1966
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 232 of 1965 - Agricultural Commodities Marketing Act (290.651 - 290.674) › Section 290.664 - Program Approved by Referendum; Duties of Director.

290.664 Program approved by referendum; duties of director.
Sec. 14.
If a program has been approved in referendum, the director shall:
(a) Insure that the program is self-supporting.
(b) Supervise all committee activities to assure program operations are in accord with the rules established under the program as approved by the referendum.
(c) Coordinate administrative activities between the committee and the department.
(d) Confer and cooperate with the legally constituted authorities of other states and the United States.
History:
1965, Act 232, Eff. Mar. 31, 1966
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 232 of 1965 - Agricultural Commodities Marketing Act (290.651 - 290.674) › Section 290.665 - Repealed. 2002, Act 601, Imd. Eff. Dec. 20, 2002.

290.665 Repealed. 2002, Act 601, Imd. Eff. Dec. 20, 2002.
Compiler's Notes:
The repealed section pertained to proposed marketing programs.
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 232 of 1965 - Agricultural Commodities Marketing Act (290.651 - 290.674) › Section 290.666 - Deposit by Applicants of Funds for Expenses; Reimbursement.

290.666 Deposit by applicants of funds for expenses; reimbursement.
Sec. 16.
Prior to the adoption of a marketing program, the director may require the applicants therefor to deposit with him such funds as he deems necessary to defray the expenses of preparing and establishing the marketing program. The funds shall be received, deposited and disbursed by the director in the same manner as other fees received by him under this act. The applicants shall be reimbursed in the amount of the deposit from fees received under such program, if established.
History:
1965, Act 232, Eff. Mar. 31, 1966
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 232 of 1965 - Agricultural Commodities Marketing Act (290.651 - 290.674) › Section 290.667 - Marketing Agreements With Producers, Handlers and Others; Effective Upon Signing.

290.667 Marketing agreements with producers, handlers and others; effective upon signing.
Sec. 17.
(1) The director may enter into marketing agreements with producers, handlers, or other parties where such agreements will tend to supplement or aid in the accomplishment of the objectives of a marketing program.
(2) The execution of a marketing agreement does not affect the adoption, administration, or enforcement of any marketing program under this act. The director may hold a concurrent hearing upon a proposed marketing agreement and a proposed marketing program in the manner provided in this act, giving due notice and opportunity for hearing for a marketing agreement.
(3) When a marketing agreement is proposed for any agricultural commodity or agricultural commodity input, the director shall call a public hearing. The director's decision to enter into or not enter into a marketing agreement is subject to the same requirements for justification on the basis of factual evidence introduced at the hearing. A marketing agreement, if recommended by the director, shall become effective when signed by the director and the other parties to the agreement.
History:
1965, Act 232, Eff. Mar. 31, 1966 ;-- 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 290.668 - Rules and Regulations; Duty of Director.

290.668 Rules and regulations; duty of director.
Sec. 18.
The director may make and promulgate such rules and regulations as may be necessary to effectuate the provisions and intent of this act, in accordance with the provisions of Act No. 88 of the Public Acts of 1943, as amended, being sections 24.71 to 24.80 of the Compiled Laws of 1948, and subject to Act No. 197 of the Public Acts of 1952, as amended, being sections 24.101 to 24.110 of the Compiled Laws of 1948.
History:
1965, Act 232, Eff. Mar. 31, 1966
Admin Rule:
R 285.301.1 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 232 of 1965 - Agricultural Commodities Marketing Act (290.651 - 290.674) › Section 290.668a - Rescission of R 290.1 to R 290.18.

290.668a Rescission of R 290.1 to R 290.18.
Sec. 18a.
R 290.1 to R 290.18 of the Michigan administrative code are rescinded.
History:
Add. 2012, Act 95, Imd. Eff. Apr. 12, 2012
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 232 of 1965 - Agricultural Commodities Marketing Act (290.651 - 290.674) › Section 290.668b - Rescission of R 285.311.

290.668b Rescission of R 285.311.
Sec. 18b.
R 285.311 of the Michigan administrative code is rescinded.
History:
Add. 2012, Act 91, Imd. Eff. Apr. 12, 2012
2023 Michigan Compiled Laws › Chapter 290 - Weights, Measures, and Standards › Act 232 of 1965 - Agricultural Commodities Marketing Act (290.651 - 290.674) › Section 290.669 - Action to Enforce Compliance; Injunction; Jurisdiction.

290.669 Action to enforce compliance; injunction; jurisdiction.
Sec. 19.
The director may institute an action necessary to enforce compliance with this act, a rule promulgated under this act, or a marketing agreement or program adopted under this act and committed to his or her administration. In addition to any other remedy provided by law, the director may apply for relief by injunction to protect the public interest without being compelled to allege or prove that an adequate remedy at law does not exist. The application may be made to a court of competent jurisdiction.
History:
1965, Act 232, Eff. Mar. 31, 1966 ;-- 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 290.670 - Suspension of Statute Where Marketing Program Approved; Exception.

290.670 Suspension of statute where marketing program approved; exception.
Sec. 20.
(a) If a marketing program is approved for a commodity for which there is a state commission or council operating pursuant to a statute, such statute is suspended during the period of operation of the marketing program under this act, except that the appointed members of an existing commission or council shall be members of the commodity committee for the duration of the terms for which they were appointed, and no fees or assessments shall be collected under such act while it is suspended.
(b) If the producers of an agricultural commodity for which there is a state commission or council pursuant to a statute, vote for discontinuance of a marketing program, then the provisions of such commission or council shall be reinstated, and the appointed members on the commodity committee shall be members of the commission or council for the duration of the terms for which they were appointed on the committee.
(c) Voluntary commodity organizations may be assigned duties which are necessary for the effective operation of a marketing program and allowed expenses to cover such duties. Organizations to be assigned such responsibilities shall be named and their duties defined in the program.
History:
1965, Act 232, Eff. Mar. 31, 1966