Michigan Compiled Laws
Act 316 of 2000 - Michigan Organic Products Act (286.901 - 286.931)
Section 286.929 - Violation of Act or Rule; Administrative Fine; Misdemeanor; Penalty; Affirmative Defense; Felony.

Sec. 29.
(1) Upon finding that a person subject to this act violated a provision of this act or rule promulgated under this act, the department may impose an administrative fine of not more than $500.00 for the first offense and not more than $1,000.00 for a second or subsequent offense and the actual costs of the investigation of the violation.
(2) Except as otherwise provided for under this act, a person subject to this act who violates any provision of this act or rules promulgated under this act is guilty of a misdemeanor punishable by a fine of not less than $250.00 or more than $2,500.00 or by imprisonment for not more than 90 days, or both.
(3) In defense of an action filed under this act and in addition to any other unlawful defense, a person may present evidence as an affirmative defense that, at the time of the alleged violation, he or she was in compliance with this act and rules promulgated under this act.
(4) Notwithstanding the other provisions of this act, a person who knowingly violates section 23(2) and section 27(3)(c) is guilty of a felony punishable by imprisonment for not more than 4 years or by a fine of not more than $10,000.00 plus twice the amount of any economic benefit associated with the violation, or both.
History: 2000, Act 316, Eff. Oct. 1, 2001

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 286 - Agricultural Industry

Act 316 of 2000 - Michigan Organic Products Act (286.901 - 286.931)

Section 286.901 - Short Title.

Section 286.903 - Definitions; a to D.

Section 286.905 - Definitions; G to L.

Section 286.907 - Definitions; M to P.

Section 286.909 - Definitions; R to W.

Section 286.911 - Authority of Department to Regulate, Promote, and Assist Organic Industry; Sale, Offer for Sale, or Representation as Organic Product; Registration Required.

Section 286.913 - Production, Sale, or Handling of Organic Products; Certification Required; Exceptions; Retail Food Establishments.

Section 286.915 - Registration as Certifying Agent; Fee; Demonstration of Compliance; Expiration; Renewal.

Section 286.917 - Registration as Certifying Agent; Demonstration of Compliance; Requirements.

Section 286.919 - Registration of Handler; Application; Fee; Basis; Schedule; Coordination of Registration Procedures.

Section 286.920 - Organic Products Fund; Establishment in State Treasury; Receipt, Deposit, and Expenditure of Funds; Carrying Forward Unexpended Funds.

Section 286.921 - Rules; Scope.

Section 286.922 - Reciprocity Agreement With Another State, Country, or Private Certifying Organization.

Section 286.923 - Labeling and Advertisement; Requirements; Circumstances Considered as Mislabeling.

Section 286.925 - Organic Advisory Committee; Creation; Powers and Duties; Membership; Terms; Travel Reimbursement; Election of Officers and Adoption of Rules; Quorum; Meetings; Proceedings Subject to Open Meetings Act; Records Subject to Freedom of...

Section 286.927 - Complaints and Investigations; Penalties or Remedies; Rules; Denial of Application; Suspension or Revocation of Registration; Seizure of Product; Disposition; Written Notice of Warning; Injunctive Relief; Access by Director to Estab...

Section 286.929 - Violation of Act or Rule; Administrative Fine; Misdemeanor; Penalty; Affirmative Defense; Felony.

Section 286.931 - Effective Date.