Sec. 23.
(1) Unless otherwise provided in this act, a person who violates this act is guilty of a misdemeanor and is also liable for all damages sustained by a depositor for farm produce handled in violation of this act. In an enforcement action, a court may order restitution to a party injured by the handling of farm produce in violation of this act in addition to any other penalty provided by law.
(2) A grain dealer who violates this act or a rule promulgated under this act is guilty of a misdemeanor and shall be fined not more than $5,000.00 for each offense.
(3) A grain dealer who intentionally violates this act or a rule promulgated under this act is guilty of a misdemeanor and shall be fined not more than $10,000.00 for each offense. The court may allow the department to recover reasonable costs of investigation incurred in a prosecution resulting in a conviction for a violation described in this subsection.
(4) A person who does any of the following is guilty of a felony punishable by a fine of not more than $20,000.00 or by imprisonment for not more than 5 years, or both:
(a) Intentionally alters or destroys a warehouse receipt or price later agreement or a record of warehouse receipts or price later agreements required by this act.
(b) Intentionally falsifies a position sheet, or issues a warehouse receipt if the farm produce or commodities enumerated in the warehouse receipt is not in fact in the facility stated in the warehouse receipt.
(c) With intent to defraud, issues a second or other warehouse receipt or agreement for farm produce if a valid warehouse receipt or agreement is outstanding and in force for the farm produce.
(d) While a valid warehouse receipt is outstanding and in force and without the consent of the holder of the warehouse receipt, sells, pledges, mortgages, encumbers, or transfers farm produce in violation of this act or permits the sale, pledge, mortgage, encumbrance, or transfer of farm produce in violation of this act.
(e) Knowingly receives farm produce from a person in violation of subdivision (d).
(f) Intentionally files a false daily violation report.
(g) Intentionally maintains false or misleading records and accounts required under section 16.
History: Add. 2002, Act 80, Eff. Mar. 31, 2003
Structure Michigan Compiled Laws
Act 141 of 1939 - Grain Dealers Act (285.61 - 285.89)
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 285.67a - Repealed. 2002, Act 80, Eff. Mar. 31, 2003.
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 285.73 - Availability of Books and Records; Confidentiality; Disclosure.
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 285.80 - 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 285.86 - Repealed. 2016, Act 263, Eff. Sept. 26, 2016.
Section 285.87 - Repealed. 2012, Act 148, Imd. Eff. May 30, 2012.
Section 285.88 - Grain Merchandiser or Farm Produce Trucker; Surety Bond; Requirements.