Michigan Compiled Laws
Act 141 of 1939 - Grain Dealers Act (285.61 - 285.89)
Section 285.81 - Price Later Agreement.

Sec. 21.
(1) If there is no other disposition within 30 days after the delivery of farm produce to a grain dealer, the farm produce transaction is a price later agreement transaction.
(2) Title of farm produce subject to a price later agreement is transferred to the grain dealer at the time the price later agreement is executed.
(3) A grain dealer shall maintain a separate file in numerical sequence of noncanceled price later agreements that is available for inspection during normal business hours by the department. The grain dealer shall include in the records an account of any information required by the director to document the grain dealer's obligation to a depositor under a price later agreement.
(4) A grain dealer shall not include a charge for storage in any transaction that includes a price later agreement.
(5) The form and content of a price later agreement shall be approved by the department. Each price later agreement must contain blank lines or spaces for inserting all of the following information, statements, and provisions, as applicable:
(a) The date of receipt of the farm produce.
(b) The grain dealer's handling charge rates and the calculation of the depositor's charges.
(c) The net weight, type, and grade factors of the farm produce.
(d) The signature of the grain dealer or his or her authorized agent.
(e) The name and address of the depositor.
(f) The signature of the depositor or, if signed by an authorized agent of the depositor, the name and signature of the depositor's authorized agent. This subdivision does not apply to a transaction described in subsection (1).
(g) An expiration date.
(h) A statement that the price later agreement is issued subject to this act and rules promulgated under this act.
(6) A person shall not knowingly deposit farm produce under a price later agreement without disclosing any lien on or lack of title to the farm produce.
(7) A price later agreement shall not be converted to a warehouse receipt.
(8) At the expiration date of a price later agreement, a grain dealer shall settle at market price or renegotiate.
History: Add. 1996, Act 311, Imd. Eff. June 24, 1996 ;-- Am. 2002, Act 80, Eff. Mar. 31, 2003 Compiler's Notes: Former MCL 285.81, which provided exemption for warehouseman operating under certain other acts, was repealed by Act 179 of 1955, Eff. Oct. 14, 1955.

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.