Section 285.311 – Short Title.

285.311 Short title. Sec. 1. This act shall be known and may be cited as the “farm produce insurance act”. History: 2003, Act 198, Imd. Eff. Nov. 10, 2003

Section 285.313 – Definitions.

285.313 Definitions. Sec. 3. As used in this act: (a) “Acknowledgment form” means that term as defined in section 2 of the grain dealers act, MCL 285.62. (b) “Administrative expenses” means the costs described in section 9(2). (c) “Administrative premium” means the amount of money charged to and collected from a producer under section 10. […]

Section 285.315 – Farm Produce Insurance Authority; Creation; Powers, Duties, and Functions.

285.315 Farm produce insurance authority; creation; powers, duties, and functions. Sec. 5. The farm produce insurance authority is created as a public body corporate and politic. The authority is within, but not a part of, the department. The authority shall exercise its prescribed statutory powers, duties, and functions independently of the director, the department, and […]

Section 285.317 – Board of Directors; Membership; Terms; Vacancy; Quorum; Meetings; Notice; Waiver of Objection; Duties; Powers; Compensation; Inspection of Books and Records; Confidentiality; Disclosure.

285.317 Board of directors; membership; terms; vacancy; quorum; meetings; notice; waiver of objection; duties; powers; compensation; inspection of books and records; confidentiality; disclosure. Sec. 7. (1) A board of directors shall govern and administer the authority. The board shall consist of the following 10 members: (a) The director, or his or her designee, is a […]

Section 285.318 – Conduct of Business at Public Meetings; Public Notice; Disclosure of Information.

285.318 Conduct of business at public meetings; public notice; disclosure of information. Sec. 8. (1) The board shall conduct its business at public meetings held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and shall give public notice of a time, date, and place of any meeting in the […]

Section 285.319 – Farm Produce Insurance Fund; Establishment; Payments; Allocation for Administrative Expenses; Payment for Legal Services and Expenses; Investments; Compliance Review of Investment Portfolio; Audit; Establishment of Fiscal Year; “Financial Institution” Defined.

285.319 Farm produce insurance fund; establishment; payments; allocation for administrative expenses; payment for legal services and expenses; investments; compliance review of investment portfolio; audit; establishment of fiscal year; “financial institution” defined. Sec. 9. (1) The farm produce insurance fund is established under the direction and control of the board. The fund shall consist of administrative […]

Section 285.320 – Administrative Premium.

285.320 Administrative premium. Sec. 10. (1) Except as otherwise provided in this section, each producer shall pay to the authority an administrative premium in an amount determined by the board under subsection (2). When the farm produce is sold to a licensee, the licensee shall deduct the administrative premium from the proceeds of sale and […]

Section 285.321 – Producer Premium; Limitation; Payment; Deduction From Proceeds; Notice to Producer; Forwarding for Deposit Into Fund; Books and Records; Availability for Inspection or Verification; Certification of Amount of Money in Fund.

285.321 Producer premium; limitation; payment; deduction from proceeds; notice to producer; forwarding for deposit into fund; books and records; availability for inspection or verification; certification of amount of money in fund. Sec. 11. (1) Except as provided in this section, beginning January 1, 2005, each producer shall pay to the authority a producer premium of […]

Section 285.323 – Administrative Premium or Producer Premium; Refund.

285.323 Administrative premium or producer premium; refund. Sec. 13. (1) Subject to subsection (7), a producer that has paid, either directly or collected by a licensee, an administrative premium or producer premium may receive a refund of that administrative premium or producer premium from the fund by submitting a written demand for refund to the […]

Section 285.325 – Claim for Reimbursement.

285.325 Claim for reimbursement. Sec. 15. (1) Subject to subsection (2), a producer that satisfies any of the following conditions is eligible to make a claim for reimbursement from the fund under this section: (a) The producer possesses written evidence of ownership of farm produce that discloses a storage obligation of a licensee that has […]

Section 285.327 – Use of Money; Severability; Audit.

285.327 Use of money; severability; audit. Sec. 17. (1) The board shall use money in the fund only for a purpose described in section 9(1). This section is not severable from the whole of this act, and if any portion of this section is held invalid, it is the manifest intent of the legislature that […]

Section 285.329 – Action by Director or Department; Defenses.

285.329 Action by director or department; defenses. Sec. 19. (1) This act does not limit the authority of the director or department to take action against a licensee under the grain dealers act for a violation of the grain dealers act or the rules of the department. (2) It is not a defense to an […]

Section 285.331 – Conduct as Misdemeanor; Penalties; Enforcement Action; Costs and Expenses.

285.331 Conduct as misdemeanor; penalties; enforcement action; costs and expenses. Sec. 21. (1) In addition to any other penalty or remedy provided by law, a person that knowingly or intentionally commits any of the following is guilty of a misdemeanor punishable by a fine of not more than $5,000.00 for each offense: (a) Refusing or […]