Michigan · statute · 158 of 1964, Mich. Comp. Laws · 14 active provisions
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 a grower…
(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 receives only seed potatoes from another grower or gr…
(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 and addresses of buyers or agents for the firm. (b) The place or places where the applica…
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 make such inspection.
(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 are working as agents of a licensed dealer. The fee for each id…
(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 in any state may constitute grounds for the same action in this state at t…
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.
(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 director providing that funds be made available against a sight draft drawn by the director in the manner d…
(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 under a bond or payment pursuant to the…
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, the grower shall file a certified copy of the judgment with the director. Claims shall be filed within 90 days after th…
(1) The director may periodically examine the records of a wholesale potato dealer. The director may examine the records of a wholesale potato dealer against whom a complaint alleging nonpayment has been made or whose license has been suspended and may inquire of other growers who have sold potatoes to the wholesale po…
(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. (c) The ceasing of business of the wholesa…
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.
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 each subsequent violation by a fine of not less than $100.00 nor more…