Michigan Compiled Laws
Act 141 of 1939 - Grain Dealers Act (285.61 - 285.89)
Section 285.80 - Warehouse Receipt.

Sec. 20.
(1) If the licensee and depositor agree, a licensee shall issue a warehouse receipt for any farm produce received from a depositor for storage.
(2) If a grain dealer issues a warehouse receipt for a deposit, the warehouse receipt must be on a form approved by the department that includes spaces for inserting all of the following information and statements, as applicable:
(a) The location of the facility.
(b) The date the warehouse receipt is issued.
(c) The grain dealer's storage rate and the calculation of the depositor's storage charge.
(d) The net weight and grade factors of the farm produce.
(e) Whether the warehouse receipt is negotiable or nonnegotiable, which shall be conspicuously printed on the form.
(f) The signature of the grain dealer or his or her authorized agent.
(g) An expiration date. At the expiration date, the grain dealer and holder shall renegotiate the terms of storage or settle at market price.
(h) A statement of the amount of advances made or liability incurred for which the grain dealer claims a lien. If the exact amount of advances made or liabilities incurred at the time of issuance of the warehouse receipt is unknown to the grain dealer, the warehouse receipt shall include a statement of the fact that advances have been made or liabilities incurred.
(i) A statement that the warehouse receipt is issued subject to this act and rules promulgated under this act.
(3) The holder of a warehouse receipt has legal title to farm produce held under the warehouse receipt.
(4) A grain dealer shall sequentially number its warehouse receipts and issue them in numerical sequence and retain any voided warehouse receipts.
(5) If a grain dealer's license is revoked or terminated, the grain dealer shall deliver all unused warehouse receipts to the department.
(6) A person shall not do any of the following:
(a) Issue a warehouse receipt for farm produce except on a form approved by the director under this section.
(b) Falsely make, alter, forge, or counterfeit a warehouse receipt.
(c) Knowingly deposit farm produce under a warehouse receipt without disclosing any lien or lack of title.
(7) If a grain dealer delivers from storage a portion of the farm produce for which he or she has issued a negotiable warehouse receipt, the grain dealer shall cancel the original warehouse receipt and issue a new warehouse receipt for the remainder of the farm produce still in storage. The new warehouse receipt shall contain the number and date of the original warehouse receipt in addition to meeting the other requirements of this section.
(8) A warehouse receipt issued for farm produce identified and stored separately shall describe the storage location of the farm produce.
(9) A licensee may issue a collateral warehouse receipt only against farm produce owned and unencumbered by the licensee at the time of issuance.
(10) A grain dealer shall place farm produce held in a grain bank or feed bank on a warehouse receipt.
History: 1939, Act 141, Eff. Sept. 29, 1939 ;-- CL 1948, 285.80 ;-- Am. 1949, Act 133, Imd. Eff. May 20, 1949 ;-- Am. 1955, Act 179, Eff. Oct. 14, 1955 ;-- Am. 1976, Act 259, Imd. Eff. Aug. 12, 1976 ;-- 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.