Title 290, WEIGHTS, MEASURES, AND STANDARDS

Sec. 28. When any commodity is sold on the basis of weight, the net weight of the commodity shall be employed and all contracts concerning commodities shall be so construed.

Sec. 28a. Except for immediate consumption on the premises where sold, or as 1 of several elements comprising a ready-to-eat meal sold as a unit for consumption elsewhere than on the premises where sold, all meat, meat products, poultry, whole or parts, and all seafood except she…

Sec. 28b. Whenever any commodity or service is sold, or is offered, exposed or advertised for sale, by weight, measure or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospe…

Sec. 28c. (1) Except as otherwise provided for in this subsection, the method of sale of a commodity sold in this state must conform to the "uniform regulation for the method of sale of commodities" published in the 2023 edition of the NIST handbook 130, which is incorporated by …

Sec. 28d. (1) Notwithstanding any requirements adopted under section 28c, the gross weight of a vehicle shall be determined by weighing the vehicle in a single measurement for a vehicle that is not a tractor-trailer combination and not by adding the results of multiple measuremen…

Sec. 28e. (1) Beginning July 2, 2013, if motor fuel is sold at a roadside retail location, the roadside advertising must comply with all of the following: (a) The price advertised must be clearly and completely posted in full, including any fractional prices, to the tenth of a ce…

Sec. 28f. (1) If a pump for dispensing motor fuel for sale at a roadside retail location includes a scanning device for reading a customer payment card as an integral part of the pump, the pump must include a security measure to restrict the unauthorized access of customer paymen…

Sec. 29. (1) Any person who assaults or inflicts a bodily injury upon, the director, an authorized representative of the director, the deputy director, any inspector, or a sealer or deputy sealer in the performance of his or her official duties under this act is guilty of a misde…

Sec. 30. Any person who shall impersonate in any way the director, deputy director, any inspector or a sealer or deputy sealer, by the use of his seal or a counterfeit, or in any other manner, shall be guilty of a misdemeanor.

Sec. 31. (1) An individual who, by himself or herself or by the individual's servant or agent, or as the servant or agent of another person, engages in any of the following acts is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not less t…

Sec. 31a. (1) The director, upon determination that an individual who, by himself or herself, his or her agent or employee, or as the agent or employee of another, has violated this act or rules promulgated under this act, may enter into a consent agreement for the assessment of …

Sec. 32. The director is authorized to apply to any court of competent jurisdiction for a temporary restraining order or a preliminary or permanent injunction restraining any person from violating any provisions of this act or from conducting any commercial transaction that requi…

Sec. 33. Proof of the existence of a weight, measure or a weighing or measuring device in or about any building, enclosure, stand or vehicle in which or from which it is shown that buying or selling is commonly carried on, in the absence of conclusive evidence to the contrary, sh…

Sec. 34. Act No. 168 of the Public Acts of 1913, as amended, being sections 290.1 to 290.10 of the Compiled Laws of 1948, is repealed.

Sec. 35. R 285.559 of the Michigan administrative code is rescinded.

Sec. 1. This act shall be known and may be cited as the "agricultural marketing and bargaining act".

Sec. 2. As used in this act: (a) "Association" means a cooperative association of producers or a division thereof, or a federation of cooperative associations of producers, engaged in the marketing, bargaining, shipping, or processing of an agricultural commodity on behalf of its…

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.

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 an…

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.