Michigan Compiled Laws
Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727)
Section 290.701 - Short Title.

Sec. 1.
This act shall be known and may be cited as the "agricultural marketing and bargaining act".
History: 1972, Act 344, Eff. Mar. 30, 1973 Constitutionality: This act is constitutional on its face. Michigan Canners & Freezers Association, Inc v Agricultural Marketing & Bargaining Board, 416 Mich 706, 332 NW2nd 134 (1982).The Michigan Agricultural Marketing and Bargaining Act, MCL 290.701 et seq., authorizes producers' associations to engage in conduct that the federal Agricultural Fair Practices Act of 1967 forbids and stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress. To that extent, therefore, the Michigan Act is pre-empted by the AFPA. Michigan Canners and Freezers Association, Inc v Agricultural Marketing & Bargaining Board, 467 US 461; 104 S Ct 2518; 81 L Ed2d 399 (1984).

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Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 290 - Weights, Measures, and Standards

Act 344 of 1972 - Agricultural Marketing and Bargaining Act (290.701 - 290.727)

Section 290.701 - Short Title.

Section 290.702 - Definitions.

Section 290.702a - Excluded Sales.

Section 290.703 - Administration and Implementation of Act; Rules.

Section 290.704 - Voluntary Associations; Prohibited Practices; Complaints; Orders.

Section 290.705 - Enforcement of Orders; Temporary Relief or Restraining Orders; Jurisdiction; Objections; Findings; Additional Evidence; Review; Stay.

Section 290.706 - Proposed Bargaining Unit; Determination of Appropriateness; Criteria.

Section 290.707 - Accreditation of Association; Requirements.

Section 290.708 - Request for Accreditation; Contents; Fee; Report.

Section 290.709 - Request for Accreditation; Determination by Department; Amended Request; Public Hearing; Notice.

Section 290.710 - Request for Accreditation; Issuance and Publication of Determination; Preliminary Declaration; Service Fees; Effective Date of Accreditation; Referendum; Denial of Accreditation.

Section 290.711 - Annual Report of Accredited Association.

Section 290.712 - Revocation of Accreditation.

Section 290.713 - “Bargaining” Defined; Accredited Association as Exclusive Representative; Negotiations; Notice.

Section 290.714 - Mediation of Issues; Duties of Department; Designation of Person to Act in Department's Behalf; Fee.

Section 290.715 - Election Not to Purchase or Sell During Marketing Period.

Section 290.716 - Arbitration; Agreements as to Agricultural Commodities; Disputed Quantities; Offer; Claim for Relief; Determination of Reasonableness; Joint Settlement Committee.

Section 290.717 - Hearing; Notice; Duties of Chairperson; Intervention; Evidence; Informal Proceedings; Verbatim Record; Transcripts; Expense; Adjournment; Conclusion; Majority Actions and Rulings.

Section 290.718 - Joint Settlement Committee; Powers; Oaths; Subpoenas; Contempt.

Section 290.719 - Joint Settlement Committee; Findings of Fact; Issuance of Award.

Section 290.720 - Joint Settlement Committee; Decision; Basis.

Section 290.721 - Finality of Committee's Decision; Enforcement.

Section 290.722 - Disobeying or Resisting Order; Contempt.

Section 290.723 - Judicial Review of Committee Awards.

Section 290.724 - Mailing Copy of Contract or Award to Department.

Section 290.725 - Access of Department to Evidence; Refusal to Obey Subpoena; Service of Process.

Section 290.726 - Antitrust Law Not Violated.

Section 290.727 - Repealed. 1976, Act 155, Imd. Eff. June 17, 1976.