Michigan Compiled Laws Act 141 Of 1939 Grain Dealers Act (285.61 - 285.89)

AN ACT to regulate the storage, warehousing, buying, and selling of farm produce within this state; to provide for the licensing, regulation, and bonding of grain dealers; to provide for warehouse receipts, acknowledgment forms, and price later agreements and their use and priority; to provide for the creation of security interests; to provide for certain powers and duties of the department of agriculture and its director; to impose certain duties on insurance companies and sureties; and to provide administrative remedies and penalties for the violation of this act.

History: 1939, Act 141, Eff. Sept. 29, 1939 ;-- Am. 1962, Act 159, Eff. Mar. 28, 1963 ;-- Am. 1976, Act 259, Imd. Eff. Aug. 12, 1976 ;-- Am. 1984, Act 169, Imd. Eff. June 29, 1984 ;-- Am. 2002, Act 80, Eff. Mar. 31, 2003

Section 285.61 Short Title.
This act shall be known as the “grain dealers act”. History: 1939, Act 141, Eff. Sept. 29, 1939 ;-- CL 1948, 285.61 ;-- Am....
Section 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...
Section 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...
Section 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...
Section 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...
Section 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...
Section 285.66a, 285.66b Repealed. 2002, Act 80, Eff. Mar. 31, 2003.
Compiler's Notes: The repealed sections pertained to furnishing copies of act and failure to pay assessments.
Section 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...
Section 285.67a Repealed. 2002, Act 80, Eff. Mar. 31, 2003.
Compiler's Notes: The repealed section pertained to application requirements for grain dealer's license.
Section 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...
Section 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...
Section 285.69a Repealed. 2002, Act 80, Eff. Mar. 31, 2003.
Compiler's Notes: The repealed section pertained to price later agreements.
Section 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...
Section 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...
Section 285.71a Repealed. 2002, Act 80, Eff. Mar. 31, 2003.
Compiler's Notes: The repealed section pertained to acknowledgment of farm produce.
Section 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...
Section 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...
Section 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...
Section 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...
Section 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,...
Section 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...
Section 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...
Section 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,...
Section 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....
Section 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...
Section 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...
Section 285.82a Repealed. 2002, Act 80, Eff. Mar. 31, 2003.
Compiler's Notes: The repealed section pertained to misdemeanor violations.
Section 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...
Section 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...
Section 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...
Section 285.86 Possession, Liquidation, And Distribution Of Assets; Satisfaction Of Claims; Reduction.
(1) If a grain dealer fails, the director shall take possession of, liquidate, and distribute the assets and proceeds of the assets to satisfy...
Section 285.87 Repealed. 2012, Act 148, Imd. Eff. May 30, 2012.
Compiler's Notes: The repealed section pertained to surety bond to be provided by grain dealer before issuance of license.
Section 285.88 Grain Merchandiser Or Farm Produce Trucker; Surety Bond; Requirements.
(1) Before a license is issued to a grain merchandiser or farm produce trucker, the grain merchandiser or farm produce trucker shall provide a...
Section 285.89 Rescission Of R 285.560.
R 285.560 of the Michigan administrative code is rescinded. History: Add. 2012, Act 96, Imd. Eff. Apr. 12, 2012

Last modified: October 10, 2016