Sec. 10.
(a) Whenever the director has received a petition signed by 25%, or 200, whichever is less, of the producers of an agricultural commodity regarding the adoption of a marketing program or amendments to an existing marketing program, he or she shall give notice of a public hearing on the proposed marketing program or the proposed amendments to an existing marketing program. After receiving a petition for the establishment of a marketing program, the director may appoint a temporary producer committee to develop the proposed marketing program to be considered at the public hearing.
(b) The director may require all handlers or processors of the agricultural commodity or distributors of the agricultural commodity input as individuals or through their trade associations to file with him or her within 30 days a report, properly certified, showing the correct names and addresses of all producers of the agricultural commodity from whom such handler, processor, or distributor received such agricultural commodity or agricultural commodity input in the marketing season next preceding the filing of such report. The director shall not make public or provide to anyone for private use the information contained in the individual reports of handlers or processors filed with the director pursuant to this section.
(c) The director shall issue a decision within 45 days after the close of the hearing based upon his or her findings and deliver to all parties of record appearing at the hearing and any other interested parties upon the request of those interested parties, by mail or otherwise, copies of the findings and recommendation approving or disapproving of the proposed marketing program. The recommendation shall contain the text in full of any proposed marketing program or amendment of an existing marketing program. The recommendation shall be substantially within the purview of the notice of hearings and shall be supported by evidence taken at the hearing or by documents of which the director is authorized to take official notice.
History: 1965, Act 232, Eff. Mar. 31, 1966 ;-- Am. 1996, Act 216, Imd. Eff. May 28, 1996 ;-- Am. 2002, Act 601, Imd. Eff. Dec. 20, 2002
Structure 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 290.654 - Inspection and Grading; Approved Inspectors.
Section 290.656 - Marketing Program; Temporary Suspension, Duration.
Section 290.658 - Disposition of Moneys or Assets Collected; Expenditures.
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.