Title 290, WEIGHTS, MEASURES, AND STANDARDS

Sec. 4. (1) Producers of agricultural commodities may join together voluntarily in associations as authorized by law without interference by handlers. A handler shall not engage or permit an employee or agent to engage in any of the following practices: (a) To coerce a producer i…

Sec. 5. (1) The department may petition the court of appeals for the enforcement of its orders and for appropriate temporary relief or restraining orders and shall file in the court the record in the proceedings. Upon the filing of the petition, the court shall cause notice to be…

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 u…

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 …

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 sha…

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 associat…

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…

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.

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 u…

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…

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 ad…

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…

Sec. 16. (1) If the election provided for in section 15 is not exercised by the association or the handler involved in negotiations, and if the issues in dispute are not agreed upon through good-faith bargaining by the first day of the marketing period for the agricultural commod…

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 pres…

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 disput…

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 …

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 o…

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 committ…

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 discr…

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 …

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.

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 …

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.