290.451 Definitions. Sec. 1. As used in this act: (a) “Potatoes” means any variety of Irish potatoes in fresh form included in the species solanum tuberosum. (b) “Grower” means a person engaged in the business of growing and producing potatoes. (c) “Wholesale potato dealer” means a person who buys potatoes in wholesale lots directly from […]
290.452 License required; exemptions. Sec. 2. (1) A person shall not engage in or purport to be engaged in the business of a wholesale potato dealer or advertise as a wholesale potato dealer, unless that person is licensed by the director to carry on that business. (2) A grower or grower cooperative who buys or […]
290.453 Application for license; contents; fee; submission of false information; expiration. Sec. 3. (1) A person required to be licensed under this act shall apply to the director in writing before June 1 of each year and shall provide the following: (a) The full name of the persons constituting the firm including the full names […]
290.454 Wholesale potato dealers; display of license, inspection. Sec. 4. A person licensed under this act and conducting business under the license shall keep a copy thereof, to be furnished by the director, posted in a conspicuous place in or at his place of business and exposed for inspection by any person who may properly […]
290.455 Wholesale potato dealers; identification card; fees. Sec. 5. (1) A licensee shall secure from the director an identification card for each of his or her buyers or agents and for an individual licensee operating as his or her agent to place the public on notice that the persons soliciting potatoes from place to place […]
290.456 Grounds for refusal, suspension, or revocation of license; hearing. Sec. 6. (1) The refusal to issue, cancellation or suspension of, a license under the perishable agricultural commodities act of 1930, chapter 436, 46 Stat. 531, 7 U.S.C. 499a to 499b and 499c to 499t, or a license to operate as a wholesale potato dealer […]
290.457 Records; examination. Sec. 7. A licensee shall keep accurate accounts and records of all transactions as a wholesale potato dealer and shall retain them, subject to the examination of the director, for a period of 3 years after their respective events. History: 1964, Act 158, Eff. Aug. 28, 1964
290.458 Irrevocable letter of credit or surety bond required; exemptions; falsification of application, statement, or record. Sec. 8. (1) An applicant for a wholesale potato dealer license shall file with the application or have on file with the director an irrevocable letter of credit issued by a financial institution on a form provided by the […]
290.459 Surety bond or irrevocable letter of credit generally. Sec. 9. (1) The bond or irrevocable letter of credit described in section 8 shall provide coverage for or payment for an amount representing the wholesale potato dealer’s business transacted with growers within the state subject to the limits imposed in subsection (7). Liability for acts […]
290.460 Default of licensee; filing statement of grower’s claim or certified copy of judgment; time. Sec. 10. Upon default of a licensee in the payment of money due to a grower, the grower may file with the director a verified statement of the grower’s claim. If the grower has reduced the claim to a judgment, […]
290.461 Repealed. 1968, Act 63, Eff. May 31, 1968. Compiler’s Notes: The repealed section pertained to claims of potato growers and processes of hearing and settlement of claims against wholesaler.
290.461a Examination of records; inquiries; seizing assets of licensee; hearing; order; appeal; action against seized assets; distribution to claimants; return of remaining assets to licensee; action for recovery of money. Sec. 11a. (1) The director may periodically examine the records of a wholesale potato dealer. The director may examine the records of a wholesale potato […]
290.462 Filing claim; time period. Sec. 12. (1) A grower shall file a claim with the director within 90 days after any of the following events: (a) The default of the wholesale potato dealer if the default occurred during the license period. (b) The suspension or revocation of the license of the wholesale potato dealer. […]
290.463 Repealed. 2000, Act 377, Imd. Eff. Jan. 2, 2001. Compiler’s Notes: The repealed section pertained to promulgation of administrative rules.
290.464 Waiver. Sec. 14. A person shall not request a grower to sign any statement, affidavit, assignment, or waiver of any kind which operates to relieve a wholesale potato dealer, financial institution issuing a letter of credit, or surety company of its full responsibility under this act. History: 1964, Act 158, Eff. Aug. 28, 1964 […]
290.465 Violation of act; misdemeanor, penalty. Sec. 15. Any person who violates any provision of this act is guilty of a misdemeanor, punishable by a fine of not less than $25.00 nor more than $100.00, and in default in payment thereof, by imprisonment for not less than 10 days in the county jail, and for […]
290.466 Repeal. Sec. 16. Act No. 227 of the Public Acts of 1929, being sections 290.171 to 290.174 of the Compiled Laws of 1948, is repealed. History: 1964, Act 158, Eff. Aug. 28, 1964
