Title 285, AGRICULTURE

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor; and WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the execu…

Sec. 1. There is hereby created a state department of agriculture which shall possess the powers and perform the duties hereinafter granted and conferred. The general administration of said powers and duties shall be vested in a bipartisan commission of agriculture which shall be…

Sec. 2. The department of agriculture shall exercise the powers and perform the duties now vested by law in the department of animal industry, the state food and drug commissioner, the state veterinary board, the immigration commission, the commissioner of immigration, the market…

Sec. 3. In addition to the powers and duties transferred to the department of agriculture under section 2, the powers and duties of the state board of agriculture with reference to the inspection and regulation of orchards, vineyards, nurseries, and apiaries; the testing of agric…

Sec. 5. The state department of agriculture shall foster and promote in every possible way the agricultural interests of this state; shall cooperate with agricultural agencies in the different counties of the state and of the federal government; shall foster direct trading betwee…

Sec. 6. This act, other than sections 1 and 4, shall be in force and effect on and after the first day of July, 1921. All acts and parts of acts in any way contravening the provisions of this act shall be deemed to be superseded and repealed as of said date.

Sec. 7. This act is hereby declared to be immediately necessary for the preservation of the public peace, health and safety.

WHEREAS, Article V, Section 2, of the Constitution of the State of Michigan of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units which he considers necessary for efficient administration; and W…

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor; WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the executive…

Sec. 1. The state administrative board is hereby authorized to permit the national guard and/or home guard to use any of the buildings of the state situated on the state fairground property in the city of Detroit: Provided, That such use shall not interfere with the holding of th…

Sec. 1. There is created a board of managers of the Upper Peninsula state fair, which board shall consist of 5 members to be appointed by the governor by and with the advice and consent of the senate. Upon the expiration of these terms, successors shall be appointed in a similar …

Sec. 2. (1) The control of all lands or other property that is vested in this state for the purpose of holding and conducting an agricultural and industrial state fair in the Upper Peninsula is hereby placed in the board of managers. The board of managers may accept on behalf of …

Sec. 3. The board of managers may lease its facilities as a location within or at which an organization qualified and licensed under Act No. 382 of the Public Acts of 1972, as amended, being sections 432.101 to 432.120 of the Michigan Compiled Laws, may conduct bingo.

Sec. 4. (1) In staging the annual Upper Peninsula state fair, the board of managers may enter into licensing agreements with concessionaires permitting games of skill which shall be conducted in accordance with the following criteria: (a) Winning the game of skill does not requir…

Sec. 5. Sections 301 to 315 of Act No. 328 of the Public Acts of 1931, as amended, being sections 750.301 to 750.315 of the Michigan Compiled Laws, shall not apply to a person who conducts or participates in a game of skill pursuant to this act or the rules promulgated under sect…

Sec. 6. R 285.1101 to R 285.1907 of the Michigan administrative code are rescinded.

Sec. 1. That the state board of agriculture is hereby authorized to undertake the investigation and improvement of market conditions for Michigan products and appoint a competent and experienced person as director of markets and such other competent and experienced persons as may…

Sec. 2. The director of markets shall investigate production and marketing farm products and for the exercise of such authority shall have the power to summon witnesses, issue subpoenas, compel attendance of witnesses and the production of evidence. The director of markets shall …

Sec. 2a. (1) For purposes of this section and sections 2b and 2c, "farm product" means fresh fruit or vegetables. (2) The director of markets shall not impose any mandatory system of grading on a farm product subject to this act. However, a person producing, distributing, or sell…

Sec. 2b. (1) A person producing, distributing, or selling a farm product may identify that farm product as meeting 1 of the following grades if the product actually conforms to the standards of that grade: (a) "Fresh market #1" means that the farm product is part of a lot that re…

Sec. 2c. The shown face of a container of farm products shall represent accurately the size, shape, color, and overall quality of the remaining contents of the container. Overfacing a container of farm products is a violation of this act.

Sec. 3. The director of markets shall give information to Michigan producers on the market conditions in the various states of the union.

Sec. 4. The director of markets is hereby authorized to cooperate with the United States department of agriculture through any of its agents or employes, and also with any of the joint agents or agencies of the United States and those employed or controlled by the state board of …

Sec. 5. The director of markets shall adopt and may amend from time to time schedules of fees to be charged for standardizing and standard labels for inspection at receiving, shipping or distributing centers or such other services as may be rendered under this act. All such fees …

Sec. 6. The director of markets shall publish bulletins setting forth market conditions and prices as far as possible and advising as to the available supplies of products, the approved methods of standards and grades and best means of marketing. He may at his discretion publish …

Sec. 7. The director of markets in addition to his other duties, shall investigate and report to the state railway commission delays and inadequacies of transportation of food supplies. He shall also report to the attorney general the violation of laws in restraint of trade or un…

Sec. 8. The commissioner of agriculture, in person or by some person authorized by him, shall have free access to any place or conveyance wherein farm products are being marketed, transported or held for commercial purposes. The commissioner of agriculture, in person or by some p…

Sec. 9. Any person who shall violate any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by the laws of this state.

Sec. 1. This act shall be known as the "grain dealers act".

Sec. 2. As used in this act: (a) "Acknowledgment form" means a scale weight ticket, a load slip, or any other evidence of deposit issued by a grain dealer or his or her authorized representative to a depositor that identifies the farm produce being transferred from the possession…

Sec. 3. (1) A person shall not act or offer to act as a grain dealer in this state without a license from the department issued under this act. (2) A grain dealer shall not process or store farm produce, issue a warehouse receipt, charge or collect a fee for storage of farm produ…

Sec. 4. (1) The department may issue, amend, or renew a license if the department determines that the applicant has complied with this act and rules promulgated under this act. (2) A licensee may receive farm produce for storage or processing, assess and collect storage or proces…

Sec. 5. (1) The department may revoke a grain dealer's license, but the grain dealer may apply for a new license, if any of the following events occur: (a) The licensee is a party to a merger, consolidation, conversion, or similar transaction. The department may decide not to rev…

Sec. 6. (1) If a grain dealer has applied for a license but needs additional time to comply with the requirements of this act for issuance of a license, the department may issue 1 temporary permit to the applicant. A permit issued under this section expires on the expiration date…

Sec. 7. (1) A grain dealer shall file an application for a new license or for renewal or amendment of a license with the department. The department may determine the time when an application is filed and the form of the application. A complete application must include all of the …

Sec. 8. (1) A grain dealer shall pay a license fee to the department with an application for a license or renewal of a license. The license fee is the sum of all of the following that apply to the grain dealer: (a) For each receiving point of the grain dealer that has total bushe…

Sec. 9. (1) A grain dealer shall include with an application for a license or renewal a financial statement for the grain dealer's most recent completed fiscal year. The financial statement shall be a reviewed or audited financial statement, prepared by a certified public account…

Sec. 10. After a hearing conducted in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, the department may revoke or refuse to issue or renew a license, or require a fidelity bond in an amount and on terms determined by the department, …

Sec. 11. (1) A grain dealer who uses a temporary facility shall report to the department on the daily position report required under section 15 the address and bushel capacity of the temporary facility for any period that the temporary facility is in use. The grain dealer shall p…

Sec. 12. (1) A licensee shall maintain on file with the department a current certificate of insurance evidencing an effective policy of insurance issued by an insurance company authorized to do business in this state. The policy shall insure in the name of the grain dealer all fa…

Sec. 13. (1) The director may require that a grain dealer make its books and records available for audit or inspection. (2) Except as provided in subsection (3), financial information and daily position report information submitted to the department by an applicant or licensee fo…

Sec. 14. (1) Upon request, the department shall provide to each grain dealer a current copy of this act, any rules promulgated under this act, and any amendments to the act or rules. (2) A licensee may commingle a depositor's farm produce with other fungible farm produce, unless …

Sec. 15. (1) A grain dealer shall keep a complete and accurate daily position report. The grain dealer shall submit the daily position report for the last business day of the preceding fiscal month to the department during the first 10 business days of the grain dealer's fiscal m…

Sec. 16. (1) A licensee shall keep a complete and accurate set of records and accounts of all transactions pertaining to the operation of each facility, including, but not limited to, records and accounts of all farm produce received in or withdrawn from a facility, of all unissu…

Sec. 17. (1) If a grain dealer intends to discontinue his or her farm produce handling business at or before the expiration of his or her license, at least 30 days before the date the grain dealer intends to discontinue the business, the grain dealer shall by registered or certif…

Sec. 18. (1) A grain dealer shall acknowledge receipt of farm produce by issuing an acknowledgment form to the depositor. The depositor or his or her authorized agent must sign the acknowledgment form if it will be used as a price later agreement, and the depositor and grain deal…

Sec. 19. (1) A grain dealer shall post at each facility a notice that states that the grain dealer reserves the right to terminate storage, processing, shipping, and handling arrangements and collect outstanding charges if the grain dealer's license is suspended or revoked. (2) A…