Michigan Compiled Laws
Act 141 of 1939 - Grain Dealers Act (285.61 - 285.89)
Section 285.78 - Receipt of Farm Produce; Acknowledgment Form.

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 dealer are not parties to a prior written agreement governing title and delivery of the farm produce. The grain dealer shall provide a copy of the acknowledgment form to the depositor at the time the farm produce is delivered to the grain dealer.
(2) An acknowledgment form must contain all of the following:
(a) The name and address of the grain dealer.
(b) The date of transfer, weight, and type of farm produce deposited.
(c) A statement that unless the parties agree to another disposition within 30 days of the delivery to the grain dealer, the farm produce transaction is a price later agreement transaction.
(3) Farm produce delivered to a grain dealer is in open storage, and the responsibilities of the grain dealer and depositor under an acknowledgment form are the same as if a nonnegotiable warehouse receipt had been issued for the farm produce, unless 1 of the following occurs:
(a) The acknowledgment form satisfies the requirements applicable to a price later agreement and is signed by the depositor and grain dealer or their authorized agents.
(b) The farm produce is sold for a set price at the time of delivery to the grain dealer or another disposition occurs.
(4) If a grain dealer obtains farm produce from a depositor and the farm produce is not being delivered to a facility of the grain dealer, the grain dealer shall issue a temporary acknowledgment form identifying the estimated quantity, type of farm produce, grain dealer's name and address, and the name of the driver of the transporting vehicle.
(5) A grain dealer shall record the disposition of the farm produce on the acknowledgment form unless he or she provides other settlement documentation referencing the acknowledgment form.
(6) If a depositor deposits farm produce at a facility in the name of another grain dealer, the grain dealer in whose name the farm produce is deposited shall issue the acknowledgment form for the farm produce.
(7) If a grain dealer's license is revoked or terminated, the grain dealer shall deliver all unused acknowledgment forms to the department.
History: 1939, Act 141, Eff. Sept. 29, 1939 ;-- CL 1948, 285.78 ;-- Am. 1976, Act 259, Imd. Eff. Aug. 12, 1976 ;-- Am. 1996, Act 311, Imd. Eff. June 24, 1996 ;-- Am. 2002, Act 80, Eff. Mar. 31, 2003

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 285 - Agriculture

Act 141 of 1939 - Grain Dealers Act (285.61 - 285.89)

Section 285.61 - Short Title.

Section 285.62 - Definitions.

Section 285.63 - Grain Dealer; License Required; Issuance; Prohibited Conduct; Allowable Net Asset Requirements; Surety Bond; Acting as Grain Dealer Without License; Misdemeanor; Review of Books and Records; Injunction.

Section 285.64 - License; Conduct; Term; Display; Term of New License.

Section 285.65 - Revocation of License; Application for New License; Events; Notice of Event.

Section 285.66 - Temporary Permit.

Section 285.66a, 285.66b - Repealed. 2002, Act 80, Eff. Mar. 31, 2003.

Section 285.67 - Grain Dealer's License; Application; Form; Contents; Receipt of Completed Application; Issuance of License Within Certain Time Period; Submission; Report.

Section 285.67a - Repealed. 2002, Act 80, Eff. Mar. 31, 2003.

Section 285.68 - License Fee; Grain Dealer's Fees Fund; Duration of License; Fee Schedule Adjustment; "Detroit Consumer Price Index" Defined.

Section 285.69 - Application for License or Renewal; Financial Statement.

Section 285.69a - Repealed. 2002, Act 80, Eff. Mar. 31, 2003.

Section 285.70 - Revocation or Refusal to Issue or Renew License; Hearing; Conditions.

Section 285.71 - Temporary Facility.

Section 285.71a - Repealed. 2002, Act 80, Eff. Mar. 31, 2003.

Section 285.72 - Destruction or Damage of Farm Produce; Certificate of Insurance Required; Reimbursement to Depositors; Notice of Cancellation or Nonrenewal of Insurance.

Section 285.73 - Availability of Books and Records; Confidentiality; Disclosure.

Section 285.74 - Commingling Produce; Limitations on Transactions; Warehouse Receipt or Acknowledgment; Standard of Care; Failure of Depositor to Remove or Sell Farm Produce; Limitation on Loan Balance.

Section 285.75 - Daily Position Report.

Section 285.76 - Records and Accounts.

Section 285.77 - Notice of Intent to Discontinue Business.

Section 285.78 - Receipt of Farm Produce; Acknowledgment Form.

Section 285.79 - Suspension or Revocation of Grain Dealer's License; Reservation of Rights; Weighing and Inspecting Produce.

Section 285.80 - Warehouse Receipt.

Section 285.81 - Price Later Agreement.

Section 285.82 - Administration and Enforcement of Act; Rules; Powers and Duties of Director.

Section 285.82a - Repealed. 2002, Act 80, Eff. Mar. 31, 2003.

Section 285.83 - Violation of Act or Rule; Prohibited Conduct; Penalty.

Section 285.84 - Violation of Act or Rule; Administrative Fines; Warning; Action by Attorney General; License Revocation; Disposition of Fine, Costs, and Recovery.

Section 285.85 - Injunction; Applicability of Penalties to Public Officials; Civil or Criminal Liability; Hearing; Local Ordinance, Regulation, or Resolution; Preemption; Confidentiality; Exceptions.

Section 285.86 - Repealed. 2016, Act 263, Eff. Sept. 26, 2016.

Section 285.86a - Lien; Claimant; Provisions; Enforcement of Claims; Assignment of Applicable Lien to Claimant in Adversary Proceeding; Liquidation of Farm Produce Assets; Reduction of Amount of Claim; Priority of Lien.

Section 285.87 - Repealed. 2012, Act 148, Imd. Eff. May 30, 2012.

Section 285.88 - Grain Merchandiser or Farm Produce Trucker; Surety Bond; Requirements.

Section 285.89 - Rescission of R 285.560.