Michigan Compiled Laws
Act 232 of 1965 - Agricultural Commodities Marketing Act (290.651 - 290.674)
Section 290.652 - Definitions.

Sec. 2.
As used in this act:
(a) "Agricultural commodity" means all agricultural, aquacultural, silvicultural, horticultural, floricultural, or viticultural products, livestock or livestock products, Christmas trees, bees, maple syrup, honey, commercial fish or fish products, and seeds produced in this state, either in their natural state or as processed by the producer of the commodity. The kinds, types, and subtypes of products to be classed together as an agricultural commodity for the purposes of this act shall be determined on the basis of common usage and practice.
(b) "Agricultural commodity input" means an item used in the production, processing, or packaging of an agricultural commodity that is assessed by a specific marketing agreement. Agricultural commodity input does not include feed, fertilizer, and pesticides.
(c) "Committee" means the commodity committee or advisory board established under a marketing program.
(d) "Department" means the department of agriculture and rural development.
(e) "Director" means the director of the department.
(f) "Distributor" means a person engaged in selling, offering for sale, marketing, or distributing an agricultural commodity or agricultural commodity input that he or she has purchased or acquired from a producer or that the person is marketing on behalf of a producer, whether as owner, agent, employee, broker, or otherwise. Distributor does not include a retailer of an agricultural commodity except for either of the following:
(i) A retailer that purchases or acquires from or handles on behalf of a producer an agricultural commodity not previously subjected to regulations by the marketing program covering the agricultural commodity.
(ii) A retailer specifically identified by a marketing program that is subject to an assessment.
(g) "Financial institution" means a state or nationally chartered bank, member of the farm credit system, savings and loan association, savings bank, and credit union, whose deposits are insured by an agency of the United States government and that maintains a principal or branch office located in this state under the laws of this state or the United States.
(h) "Handler" means a person that takes title to and is engaged in the operation of packing, cleaning, drying, packaging, sizing, hauling, grading, selling, offering for sale, or marketing a marketable agricultural commodity or an agricultural commodity input in commercial quantities as defined in a marketing program, that as owner, agent, or otherwise, ships or causes an agricultural commodity or agricultural commodity input to be shipped.
(i) "Livestock" means that term as defined in section 3 of the animal industry act, 1988 PA 466, MCL 287.703.
(j) "Marketing agreement" means an agreement entered into, with the director, by producers, distributors, processors, or handlers under this act and binding only on those signing the agreement.
(k) "Marketing program" means a program established by order of the director under this act prescribing rules and regulations governing the marketing for processing, distributing, selling, or handling an agricultural commodity produced in this state or agricultural commodity input during a specified period and that the director determines would be in the public interest.
(l) "Processor" means a person engaged in canning, freezing, dehydrating, drying, fermenting, distilling, extracting, preserving, grinding, crushing, milling, or otherwise preserving or changing the form of an agricultural commodity for the purpose of marketing it.
(m) "Producer" means a person engaged in the business of producing, or causing to be produced for any market, an agricultural commodity or agricultural commodity input in quantity beyond that person's own family use, and having a value at first point of sale of more than $800.00 or of an amount as otherwise expressly provided for in a marketing program for the agricultural commodity or agricultural commodity input in any 1 growing and marketing season within the last 3 years.
History: 1965, Act 232, Eff. Mar. 31, 1966 ;-- Am. 1978, Act 146, Imd. Eff. May 12, 1978 ;-- Am. 1996, Act 216, Imd. Eff. May 28, 1996 ;-- Am. 2002, Act 601, Imd. Eff. Dec. 20, 2002 ;-- Am. 2019, Act 133, Eff. Feb. 19, 2020

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 290 - Weights, Measures, and Standards

Act 232 of 1965 - Agricultural Commodities Marketing Act (290.651 - 290.674)

Section 290.651 - Agricultural Commodities Marketing Act; Short Title.

Section 290.652 - Definitions.

Section 290.653 - Marketing Agreements; Provisions Allowed; Provisions Required; Substantial Compliance.

Section 290.654 - Inspection and Grading; Approved Inspectors.

Section 290.655 - Assessments to Defray Program and Administrative Costs; Collection; Maximum Assessment to Be Specified; Collection by Processors, Distributors, or Handlers; Disposition; Trust Fund; Complaint; Notice of Due Date; Ability to Borrow M...

Section 290.656 - Marketing Program; Temporary Suspension, Duration.

Section 290.657 - Committee; Establishment; Appointment, Qualifications, and Terms of Members; Reapportionment of Districts; Expenses and per Diem; Duties and Responsibilities; Conducting Business at Public Meeting; Notice of Meeting; Availability of...

Section 290.658 - Disposition of Moneys or Assets Collected; Expenditures.

Section 290.659 - Refunds.

Section 290.660 - Petition for Program or Amendment; Notice; Public Hearing; Decision by Director; Producers.

Section 290.661 - Referendum to Determine Assent of Producers and Processors.

Section 290.662 - Referendum; Director to Establish Procedures for Determination of Volume.

Section 290.663 - Termination of Program; Petition, Hearing, Recommendation, Referendum.

Section 290.664 - Program Approved by Referendum; Duties of Director.

Section 290.665 - Repealed. 2002, Act 601, Imd. Eff. Dec. 20, 2002.

Section 290.666 - Deposit by Applicants of Funds for Expenses; Reimbursement.

Section 290.667 - Marketing Agreements With Producers, Handlers and Others; Effective Upon Signing.

Section 290.668 - Rules and Regulations; Duty of Director.

Section 290.668a - Rescission of R 290.1 to R 290.18.

Section 290.668b - Rescission of R 285.311.

Section 290.669 - Action to Enforce Compliance; Injunction; Jurisdiction.

Section 290.670 - Suspension of Statute Where Marketing Program Approved; Exception.

Section 290.671 - Referendum; Requirements; Exception; Time Period.

Section 290.672 - Interest on Unpaid Assessment.

Section 290.673 - Violations; Penalties.

Section 290.674 - Venue for Prosecution of Violation; Enforcement; Institution of Prosecution for Violation.