Michigan Compiled Laws
Article 11 - (288.670...288.686)
Section 288.683 - Notice to Producers of Type of Security Device Used; Form; Qualifications for Dairy Plant License.

Sec. 123.
The department shall notify producers delivering dairy products to a licensed dairy plant that produces manufactured dairy products of the type of security device used for the benefit of producers and shall notify producers any time a license is issued, renewed, or modified. The notice sent by the department shall substantially conform to the following:
"Michigan law requires dairy plant licensees to demonstrate a reasonable degree of financial responsibility to the Michigan department of agriculture. This act is designed to provide reasonable assurance that producers will be paid for their milk; however, it does not guarantee that producers will be paid. Each producer has some responsibility for determining the credit-worthiness of the dairy plant to which the producer is selling milk. A dairy plant licensee may qualify for a license by doing 1 of the following:
(a) Filing financial statements audited by a certified public accountant with the department demonstrating that the dairy plant meets the minimum liquidity requirement.
(b) Filing security with the department in an amount determined by the department to be the greater of the following:
(1) The value of the greatest milk receipts that the dairy plant received within a consecutive 30-day period during that dairy plant's most recent fiscal year.
(2) The greatest milk receipts that the dairy plant is anticipated to receive during a 30-day period within the licensing period.
(c) ____________________, (name of dairy plant licensee) is currently licensed on the basis of its audited financial statement meeting the minimum liquidity requirement of a current ratio of at least 1.20 to 1 current assets to current liabilities. The licensee's most recent year-end financial statement audited by the firm of ______________________________ (auditor's name) meets the following minimum liquidity requirement,
(or)
____________________ (name of dairy plant licensee) has filed security with the department to secure payment to producers. The maximum amount of security is the amount determined to be the greater of the following:
(1) The value of the greatest milk receipts that the dairy plant received within a consecutive 30-day period during that dairy plant's most recent fiscal year.
(2) The greatest milk receipts that the dairy plant is anticipated to receive within a 30-day period within the licensing period, whichever is greater.
The security filed is in the following form or forms and in the amount of: _______________________________________________________".
History: 2001, Act 267, Eff. Feb. 8, 2002

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 288 - Dairy Industry

Act 267 of 2001 - Manufacturing Milk Law of 2001 (288.561 - 288.740)

Article 11 - (288.670...288.686)

Section 288.670 - License or Permit.

Section 288.670a - Receipt of Completed Application for Initial or Renewal License; Issuance of License Within Certain Time Period; "Completed Application" Defined.

Section 288.670b - "Pasteurized Milk Ordinance" Defined; License to Conduct Certified Industry Manufacturing Farm Inspections; License Fee; Inspections; Authorization by Director.

Section 288.671 - Milk Products Manufactured at Retail Food Establishments; Exemption.

Section 288.672 - Unlicensed Dairy Plant or Previously Denied License Dairy Plant; Application for License; Investigation of Sanitary Conditions.

Section 288.673 - Noncompliance With Act or Rule; Revocation or Suspension of License or Permit; Administrative Fine; Notice; Findings; Operation of Business or Activity; Reinstatement.

Section 288.674 - Summary Suspension of License or Permit; Findings; Compliance and Reinstatement; Order.

Section 288.675 - Purchasing Milk for Resale or Manufacture Into Another Product; Payment to Producer; Manner and Dates; Violation; Issuance of Check.

Section 288.676 - Condition to Issuance and Maintenance of License; Security Required; Exemption.

Section 288.677 - Audited Financial Statement.

Section 288.678 - Other Forms of Security; Request for Information From Financial and Insurance Services of Department of Consumer and Industry Services.

Section 288.679 - Cash Prepayments.

Section 288.680 - Cancellation or Modification of Security by Dairy Plant; Notice Required; Manner; Increase in Amount Due and Accrued; Applicability to Dairy Products in Interstate Commerce; Disclosure of Financial and Product Information; Audited F...

Section 288.681 - Change in Security Device; Circumstances Requiring Dairy Plant to Provide Change or Increase; Notice Sent by Department to Dairy Plant; Notice to Producers.

Section 288.682 - Breach of Obligation; Proof of Claim or Evidence of Default; Order Requiring Filing of Claims by Creditors; Publication of Notice; Notice of Allowance or Disallowance; Action by Attorney General; Distribution; Other Liens, Security,...

Section 288.683 - Notice to Producers of Type of Security Device Used; Form; Qualifications for Dairy Plant License.

Section 288.684 - Conduct as Misdemeanor; Penalty.

Section 288.685 - Selling Milk Found Positive for Violative Drug Residues; Sanctions and Administrative Fines.

Section 288.686 - Restraining Order.