290.651 Agricultural commodities marketing act; short title. Sec. 1. This act shall be known and may be cited as the “agricultural commodities marketing act”. History: 1965, Act 232, Eff. Mar. 31, 1966 Constitutionality: The Michigan supreme court, in Dukesherer Farms, Inc v Director of the Department of Agriculture, 405 Mich 1; 273 NW2d 877 (1979), […]
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 […]
290.653 Marketing agreements; provisions allowed; provisions required; substantial compliance. Sec. 3. (1) Any marketing agreement or marketing program authorized under this act may contain 1 or more of the following: (a) Provisions for establishing advertising and promotional programs. (b) Provisions for establishing market development programs. (c) Provisions for establishing and supporting research designed to improve […]
290.654 Inspection and grading; approved inspectors. Sec. 4. For the purpose of this act, all inspection and grading shall be performed by or under the supervision of trained inspectors approved by the director or by inspectors supplied under cooperative agreement between the department and the United States department of agriculture. History: 1965, Act 232, Eff. […]
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 money; assessment for loans and interest. Sec. 5. (a) Assessments shall be collected from each producer of a marketable agricultural commodity produced in this […]
290.656 Marketing program; temporary suspension, duration. Sec. 6. The operation of a marketing program, or any part thereof, may be temporarily suspended by the director upon recommendation by the committee for a period of not longer than 1 growing and marketing season if the program or part is deemed undesirable during such season. History: 1965, […]
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 writings to public; exemption of certain information from freedom of information act. Sec. 7. (1) A marketing program shall provide for the establishment of a committee […]
290.658 Disposition of moneys or assets collected; expenditures. Sec. 8. (1) Money, assets, or other items of value collected or received under this act, whether collected from assessments, received as grants or gifts, or earned from royalties or license fees or derived from any activities performed by another organization, agency, or individual and conducted under […]
290.659 Refunds. Sec. 9. (1) Money remaining from the assessments collected under a marketing program may be refunded at the close of any marketing season upon a pro rata basis to all persons from whom assessments were collected. If the committee finds that the money may be necessary to defray the cost of operating a […]
290.660 Petition for program or amendment; notice; public hearing; decision by director; producers. 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 […]
290.661 Referendum to determine assent of producers and processors. Sec. 11. (1) After recommending the adoption or amendment of a marketing program, the director shall determine by a referendum whether the affected producers assent to the proposed action. If provisions prescribed in section 3(1)(h) are part of the proposed marketing program, the director shall also […]
290.662 Referendum; director to establish procedures for determination of volume. Sec. 12. The director shall establish procedures for determination of volume for the conduct of referendums and other necessary procedures. For the purpose of referendums under this act, a producer is entitled to 1 vote representing a single firm, individual proprietorship, corporation, company, association, partnership, […]
290.663 Termination of program; petition, hearing, recommendation, referendum. Sec. 13. (a) Upon written petition duly signed by 25%, or 200, of the producers affected by the program, whichever is less, the director shall, within 30 days, give 10 days’ notice and hold a hearing on termination of a program. (b) Within 30 days after the […]
290.664 Program approved by referendum; duties of director. Sec. 14. If a program has been approved in referendum, the director shall: (a) Insure that the program is self-supporting. (b) Supervise all committee activities to assure program operations are in accord with the rules established under the program as approved by the referendum. (c) Coordinate administrative […]
290.665 Repealed. 2002, Act 601, Imd. Eff. Dec. 20, 2002. Compiler’s Notes: The repealed section pertained to proposed marketing programs.
290.666 Deposit by applicants of funds for expenses; reimbursement. Sec. 16. Prior to the adoption of a marketing program, the director may require the applicants therefor to deposit with him such funds as he deems necessary to defray the expenses of preparing and establishing the marketing program. The funds shall be received, deposited and disbursed […]
290.667 Marketing agreements with producers, handlers and others; effective upon signing. Sec. 17. (1) The director may enter into marketing agreements with producers, handlers, or other parties where such agreements will tend to supplement or aid in the accomplishment of the objectives of a marketing program. (2) The execution of a marketing agreement does not […]
290.668 Rules and regulations; duty of director. Sec. 18. The director may make and promulgate such rules and regulations as may be necessary to effectuate the provisions and intent of this act, in accordance with the provisions of Act No. 88 of the Public Acts of 1943, as amended, being sections 24.71 to 24.80 of […]
290.668a Rescission of R 290.1 to R 290.18. Sec. 18a. R 290.1 to R 290.18 of the Michigan administrative code are rescinded. History: Add. 2012, Act 95, Imd. Eff. Apr. 12, 2012
290.668b Rescission of R 285.311. Sec. 18b. R 285.311 of the Michigan administrative code is rescinded. History: Add. 2012, Act 91, Imd. Eff. Apr. 12, 2012
