Mich. Comp. Laws § 285.61
Short title.
This act shall be known as the "grain dealers act".
Michigan Compiled Laws — GRAIN DEALERS ACT (Act 141 of 1939)
Michigan · statute · 141 of 1939, Mich. Comp. Laws · 28 active provisions
Mich. Comp. Laws § 285.62
Definitions.
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 possession of the grain…
Mich. Comp. Laws § 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.
(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 act. (2) A grain dealer shall not process or store farm produce, issue a warehouse receipt, charge or collect a fee for storage of farm produce, issue a price later agreement, or issue an a…
Mich. Comp. Laws § 285.64
License; conduct; term; display; term of new license.
(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 processing charges on farm produce stored or processed…
Mich. Comp. Laws § 285.65
Revocation of license; application for new license; events; notice of event.
(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 department may decide not to revoke the license if the successor to the licensee…
Mich. Comp. Laws § 285.66
Temporary permit.
(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 the department, which may not be more th…
Mich. Comp. Laws § 285.67
Grain dealer's license; application; form; contents; receipt of completed application; issuance of license within certain time period; submission; report.
(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 filed and the form of the application. A complete application must include all of the following: (a) The name and ownership interest o…
Mich. Comp. Laws § 285.68
License fee; grain dealer's fees fund; duration of license; fee schedule adjustment; "Detroit consumer price index" defined.
(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 apply to the grain dealer: (a) For each receiving point of the grain dealer that has total bushel capacity of: (i) 100,000 or less $ 500.00 (ii)…
Mich. Comp. Laws § 285.69
Application for license or renewal; financial statement.
(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 with generally accepted accoun…
Mich. Comp. Laws § 285.70
Revocation or refusal to issue or renew license; hearing; conditions.
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 terms determined by the department, if any of the following occurred within the 5 yea…
Mich. Comp. Laws § 285.71
Temporary facility.
(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 a copy of the lease ag…
Mich. Comp. Laws § 285.72
Destruction or damage of farm produce; certificate of insurance required; reimbursement to depositors; notice of cancellation or nonrenewal of insurance.
(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 state. The policy shall insure in the name of the grain dealer all farm produce in the facilities of the grain dealer…
Mich. Comp. Laws § 285.73
Availability of books and records; confidentiality; disclosure.
(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 this act are confidential and are n…
Mich. Comp. Laws § 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.
(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 the act or rules. (2) A licensee may commingle a depositor's farm produce with other fungible farm produce, unless the licensee and depositor have executed a writte…
Mich. Comp. Laws § 285.75
Daily position report.
(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 daily position report shall include a…
Mich. Comp. Laws § 285.76
Records and accounts.
(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 acknowledgment forms in…
Mich. Comp. Laws § 285.77
Notice of intent to discontinue business.
(1) If a grain dealer intends to discontinue his or her farm produce handling business at or before the expiration of his or her license, at least 30 days before the date the grain dealer intends to discontinue the business, the grain dealer shall by registered or certified mail provide notice of intent to discontinue…
Mich. Comp. Laws § 285.78
Receipt of farm produce; acknowledgment form.
(1) A grain dealer shall acknowledge receipt of farm produce by issuing an acknowledgment form to the depositor. The depositor or his or her authorized agent must sign the acknowledgment form if it will be used as a price later agreement, and the depositor and grain dealer are not parties to a prior written agreement g…
Mich. Comp. Laws § 285.79
Suspension or revocation of grain dealer's license; reservation of rights; weighing and inspecting produce.
(1) A grain dealer shall post at each facility a notice that states that the grain dealer reserves the right to terminate storage, processing, shipping, and handling arrangements and collect outstanding charges if the grain dealer's license is suspended or revoked. (2) A licensee receiving farm produce for deposit shal…
Mich. Comp. Laws § 285.80
Warehouse receipt.
(1) If the licensee and depositor agree, a licensee shall issue a warehouse receipt for any farm produce received from a depositor for storage. (2) If a grain dealer issues a warehouse receipt for a deposit, the warehouse receipt must be on a form approved by the department that includes spaces for inserting all of the…
Mich. Comp. Laws § 285.81
Price later agreement.
(1) If there is no other disposition within 30 days after the delivery of farm produce to a grain dealer, the farm produce transaction is a price later agreement transaction. (2) Title of farm produce subject to a price later agreement is transferred to the grain dealer at the time the price later agreement is executed…
Mich. Comp. Laws § 285.82
Administration and enforcement of act; rules; powers and duties of director.
(1) The director shall administer and enforce this act. In addition to any other powers conferred by this act, the director may do any of the following: (a) Audit and investigate the receiving, storing, processing, buying, selling, and handling of farm produce and any complaints concerning the receiving, storing, proce…
Mich. Comp. Laws § 285.83
Violation of act or rule; prohibited conduct; penalty.
(1) Unless otherwise provided in this act, a person who violates this act is guilty of a misdemeanor and is also liable for all damages sustained by a depositor for farm produce handled in violation of this act. In an enforcement action, a court may order restitution to a party injured by the handling of farm produce i…
Mich. Comp. Laws § 285.84
Violation of act or rule; administrative fines; warning; action by attorney general; license revocation; disposition of fine, costs, and recovery.
(1) In addition to any other penalty provided by law, a person who individually, or by the action of his or her agent or employee, or as the employee or agent of another, violates this act or a rule promulgated under this act is subject to 1 of the following administrative fines: (a) For a first violation, a fine of no…
Mich. Comp. Laws § 285.85
Injunction; applicability of penalties to public officials; civil or criminal liability; hearing; local ordinance, regulation, or resolution; preemption; confidentiality; exceptions.
(1) The director may bring an action to enjoin the violation or threatened violation of this act or a rule promulgated under this act in a state court in the county in which the violation occurs or is threatened to occur or in Ingham county. (2) The penalties provided for a violation of this act do not apply to a publi…
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