Title 290, WEIGHTS, MEASURES, AND STANDARDS

Sec. 7. (1) A marketing program shall provide for the establishment of a committee to consist of an odd number of members which shall be not less than 5 and not more than 13. (2) The members of the committee shall be appointed by the governor with the advice and consent of the se…

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 individu…

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 th…

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…

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…

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, corpo…

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,…

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.…

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 disb…

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…

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 …

Sec. 18a. R 290.1 to R 290.18 of the Michigan administrative code are rescinded.

Sec. 18b. R 285.311 of the Michigan administrative code is rescinded.

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, …

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…

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…

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.

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 t…

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. …

Sec. 1. This act shall be known and may be cited as the "weights and measures act".

Sec. 2. As used in this act: (a) "Automatic checkout system" means an electronic device, computer, or machine that determines the price of a consumer item by using a product identity code and may, but is not required to, include an optical scanner. (b) "Certificate of conformance…

Sec. 3. The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and one or the other of these systems or both shall be used, for all commercial purposes in this state. The definitions of basic …

Sec. 4. The state reference standards shall be maintained traceable to the international system of units through calibrations by a national metrology institute and shall be kept in a safe and suitable place in the weights and measures laboratory of the department and shall be mai…

Sec. 5. In addition to the state primary standards provided for in section 4, this state shall supply at least 1 complete set of copies of the state primary standards to be kept in the weights and measures laboratory of the department to be known as secondary standards. This stat…

Sec. 6. The director by virtue of his or her office shall be state director of weights and measures during his or her term of office. His or her deputy shall be deputy director of weights and measures, and all inspectors appointed by the director shall be state inspectors and sea…

Sec. 7. The director shall: (a) Have the custody of and keep accurate records of the state primary standards of weights and measures and the other standards and equipment provided for by this act. (b) Enforce this act. (c) Have general supervision over the weights and measures of…

Sec. 8. (1) The director may promulgate rules necessary to administer and enforce this act. These rules may include any of the following: (a) Standards of net weight, measure, or count. (b) Technical and reporting procedures and the report and record forms and marks of approval a…

Sec. 9. The director, at least once every 5 years, shall test the standards of weights and measures procured by any city or county for which the appointment of a sealer of weights and measures is provided by this act, and shall approve the same when found to be correct, and he sh…

Sec. 9a. (1) A weighing device placed in service after January 1, 1988 must have valid certificates of conformance before use for commercial or law enforcement purposes. A non-NTEP weighing device for special use may be used for products for which an NTEP weighing device is not r…

Sec. 9b. (1) The director shall issue a registration for servicepersons and service agencies seeking registration under this section in accordance with the standards described in section 28c. Registration with the director under this section is voluntary. (2) A person may apply f…

Sec. 10. When not otherwise provided by law, the director may inspect, and test to ascertain if they are correct, all weights and measures kept, offered or exposed for sale. He shall inspect, and test to ascertain if they are correct, all weights and measures commercially used in…

Sec. 10a. (1) A fee shall not be charged for the regular inspection of any weights and measures or commodity subject to this act. A fee shall be charged to the owner or responsible party of any weights and measures or commodity subject to this act under either of the following ci…

Sec. 10b. (1) The department may annually adjust the schedule of fees for reinspections, voluntary registrations, type evaluations, special weights and measures inspections, and other special services requested of the department to provide that each category of fee charged is suf…

Sec. 11. The director shall investigate complaints made to him concerning violations of the provisions of this act, and shall, upon his own initiative, conduct such investigations as he deems advisable to develop information on prevailing procedures in commercial quantity determi…

Sec. 12. The director, as often as he deems advisable, shall weigh, measure or inspect packages or amounts of commodities offered or exposed for sale, sold, or in the process of delivery, to determine whether they contain the amounts represented and whether they be offered or exp…

Sec. 13. The director may issue stop-use orders, stop-removal orders or removal orders with respect to weights and measures being or susceptible of being commercially used. He may issue stop-removal orders or removal orders with respect to packages or amounts of commodities kept,…

Sec. 14. The director shall approve for use and seal or mark with appropriate devices such weights and measures as he finds upon inspection or test to be "correct" as defined in section 8. He shall reject or condemn and seal or mark as "rejected" or "condemned" such weights and m…

Sec. 15. The director is vested with special powers with respect to the enforcement of this act and any other acts dealing with weights and measures that he is or may be empowered to enforce. He may seize for use as evidence without formal warrant incorrect or unsealed weights an…

Sec. 16. The powers and duties given to and imposed upon the director by this act are hereby given to and imposed upon the deputy director and inspectors when acting under the instructions and at the direction of the director.

Sec. 17. A sealer of weights and measures, and such deputy sealers, supervising inspectors, and city or county inspectors of weights and measures as may be required, may be appointed in and for each city and county by the appointing authority of the city or county.

Sec. 18. The sealer of a city or a county, and his deputy sealers, supervising inspectors, and city or county inspectors when acting under his instructions and at his direction, shall have the same powers and shall perform the same duties within the city or the county for which a…

Sec. 19. Standards of weights and measures provided by a city or county, after examination and approval by the director, shall be the official standards for such city or county. The sealer shall make, or arrange to have made, at least as frequently as once in 5 years, comparisons…

Sec. 20. A county and 1 or more cities situated therein, with the consent of the director, may establish a joint weights and measures jurisdiction with 1 sealer and such deputy sealers, supervising inspectors, and city or county inspectors as may be required, under an agreement b…

Sec. 21. The director shall have concurrent authority to enforce the provisions of this act in counties and cities for which sealers of weights and measures have been appointed as provided for in this act.

Sec. 22. Weights and measures that have been rejected or condemned and ordered corrected or disposed of under the authority of the director or of a sealer shall remain subject to the control of the rejecting authority until such time as suitable repair or disposition thereof has …

Sec. 23. Commodities in liquid form shall be sold only by liquid measure or by weight, and commodities not in liquid form shall be sold only by weight, measure, or by count. However, liquid commodities may be sold by weight and nonliquid commodities may be sold by count only if s…