Section 285.61 – Short Title.

285.61 Short title. Sec. 1. This act shall be known as the “grain dealers act”. History: 1939, Act 141, Eff. Sept. 29, 1939 ;– CL 1948, 285.61 ;– Am. 1976, Act 259, Imd. Eff. Aug. 12, 1976

Section 285.62 – Definitions.

285.62 Definitions. Sec. 2. As used in this act: (a) “Acknowledgment form” means a scale weight ticket, a load slip, or any other evidence of deposit issued by a grain dealer or his or her authorized representative to a depositor that identifies the farm produce being transferred from the possession of the depositor to the […]

Section 285.63 – Grain Dealer; License Required; Issuance; Prohibited Conduct; Allowable Net Asset Requirements; Surety Bond; Acting as Grain Dealer Without License; Misdemeanor; Review of Books and Records; Injunction.

285.63 Grain dealer; license required; issuance; prohibited conduct; allowable net asset requirements; surety bond; acting as grain dealer without license; misdemeanor; review of books and records; injunction. Sec. 3. (1) A person shall not act or offer to act as a grain dealer in this state without a license from the department issued under this […]

Section 285.64 – License; Conduct; Term; Display; Term of New License.

285.64 License; conduct; term; display; term of new license. Sec. 4. (1) The department may issue, amend, or renew a license if the department determines that the applicant has complied with this act and rules promulgated under this act. (2) A licensee may receive farm produce for storage or processing, assess and collect storage or […]

Section 285.65 – Revocation of License; Application for New License; Events; Notice of Event.

285.65 Revocation of license; application for new license; events; notice of event. Sec. 5. (1) The department may revoke a grain dealer’s license, but the grain dealer may apply for a new license, if any of the following events occur: (a) The licensee is a party to a merger, consolidation, conversion, or similar transaction. The […]

Section 285.66 – Temporary Permit.

285.66 Temporary permit. Sec. 6. (1) If a grain dealer has applied for a license but needs additional time to comply with the requirements of this act for issuance of a license, the department may issue 1 temporary permit to the applicant. A permit issued under this section expires on the expiration date set by […]

Section 285.66a, 285.66b – Repealed. 2002, Act 80, Eff. Mar. 31, 2003.

285.66a, 285.66b Repealed. 2002, Act 80, Eff. Mar. 31, 2003. Compiler’s Notes: The repealed sections pertained to furnishing copies of act and failure to pay assessments.

Section 285.67 – Grain Dealer’s License; Application; Form; Contents; Receipt of Completed Application; Issuance of License Within Certain Time Period; Submission; Report.

285.67 Grain dealer’s license; application; form; contents; receipt of completed application; issuance of license within certain time period; submission; report. Sec. 7. (1) A grain dealer shall file an application for a new license or for renewal or amendment of a license with the department. The department may determine the time when an application is […]

Section 285.67a – Repealed. 2002, Act 80, Eff. Mar. 31, 2003.

285.67a Repealed. 2002, Act 80, Eff. Mar. 31, 2003. Compiler’s Notes: The repealed section pertained to application requirements for grain dealer’s license.

Section 285.68 – License Fee; Grain Dealer’s Fees Fund; Duration of License; Fee Schedule Adjustment; “Detroit Consumer Price Index” Defined.

285.68 License fee; grain dealer’s fees fund; duration of license; fee schedule adjustment; “Detroit consumer price index” defined. Sec. 8. (1) A grain dealer shall pay a license fee to the department with an application for a license or renewal of a license. The license fee is the sum of all of the following that […]

Section 285.69 – Application for License or Renewal; Financial Statement.

285.69 Application for license or renewal; financial statement. Sec. 9. (1) A grain dealer shall include with an application for a license or renewal a financial statement for the grain dealer’s most recent completed fiscal year. The financial statement shall be a reviewed or audited financial statement, prepared by a certified public accountant in accordance […]

Section 285.69a – Repealed. 2002, Act 80, Eff. Mar. 31, 2003.

285.69a Repealed. 2002, Act 80, Eff. Mar. 31, 2003. Compiler’s Notes: The repealed section pertained to price later agreements.

Section 285.70 – Revocation or Refusal to Issue or Renew License; Hearing; Conditions.

285.70 Revocation or refusal to issue or renew license; hearing; conditions. Sec. 10. After a hearing conducted in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, the department may revoke or refuse to issue or renew a license, or require a fidelity bond in an amount and on […]

Section 285.71 – Temporary Facility.

285.71 Temporary facility. Sec. 11. (1) A grain dealer who uses a temporary facility shall report to the department on the daily position report required under section 15 the address and bushel capacity of the temporary facility for any period that the temporary facility is in use. The grain dealer shall provide the department with […]

Section 285.71a – Repealed. 2002, Act 80, Eff. Mar. 31, 2003.

285.71a Repealed. 2002, Act 80, Eff. Mar. 31, 2003. Compiler’s Notes: The repealed section pertained to acknowledgment of farm produce.

Section 285.72 – Destruction or Damage of Farm Produce; Certificate of Insurance Required; Reimbursement to Depositors; Notice of Cancellation or Nonrenewal of Insurance.

285.72 Destruction or damage of farm produce; certificate of insurance required; reimbursement to depositors; notice of cancellation or nonrenewal of insurance. Sec. 12. (1) A licensee shall maintain on file with the department a current certificate of insurance evidencing an effective policy of insurance issued by an insurance company authorized to do business in this […]

Section 285.73 – Availability of Books and Records; Confidentiality; Disclosure.

285.73 Availability of books and records; confidentiality; disclosure. Sec. 13. (1) The director may require that a grain dealer make its books and records available for audit or inspection. (2) Except as provided in subsection (3), financial information and daily position report information submitted to the department by an applicant or licensee for purposes of […]

Section 285.74 – Commingling Produce; Limitations on Transactions; Warehouse Receipt or Acknowledgment; Standard of Care; Failure of Depositor to Remove or Sell Farm Produce; Limitation on Loan Balance.

285.74 Commingling produce; limitations on transactions; warehouse receipt or acknowledgment; standard of care; failure of depositor to remove or sell farm produce; limitation on loan balance. Sec. 14. (1) Upon request, the department shall provide to each grain dealer a current copy of this act, any rules promulgated under this act, and any amendments to […]

Section 285.75 – Daily Position Report.

285.75 Daily position report. Sec. 15. (1) A grain dealer shall keep a complete and accurate daily position report. The grain dealer shall submit the daily position report for the last business day of the preceding fiscal month to the department during the first 10 business days of the grain dealer’s fiscal month. (2) A […]

Section 285.76 – Records and Accounts.

285.76 Records and accounts. Sec. 16. (1) A licensee shall keep a complete and accurate set of records and accounts of all transactions pertaining to the operation of each facility, including, but not limited to, records and accounts of all farm produce received in or withdrawn from a facility, of all unissued warehouse receipts and […]