§ 290.651 Agricultural commodities marketing act; short title
§ 290.652 Definitions
§ 290.653 Marketing agreements; provisions allowed; provisions required; substantial compliance
§ 290.654 Inspection and grading; approved inspectors
§ 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
§ 290.656 Marketing program; temporary suspension, duration
§ 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; no
§ 290.658 Disposition of moneys or assets collected; expenditures
§ 290.659 Refunds
§ 290.660 Petition for program or amendment; notice; public hearing; decision by director; producers
§ 290.661 Referendum to determine assent of producers and processors
§ 290.662 Referendum; director to establish procedures for determination of volume
§ 290.663 Termination of program; petition, hearing, recommendation, referendum
§ 290.664 Program approved by referendum; duties of director
§ 290.666 Deposit by applicants of funds for expenses; reimbursement
§ 290.667 Marketing agreements with producers, handlers and others; effective upon signing
§ 290.668 Rules and regulations; duty of director
§ 290.668a Rescission of R 290.1 to R 290.18
§ 290.668b Rescission of R 285.311
§ 290.669 Action to enforce compliance; injunction; jurisdiction
§ 290.670 Suspension of statute where marketing program approved; exception
§ 290.671 Referendum; requirements; exception; time period
§ 290.672 Interest on unpaid assessment
§ 290.673 Violations; penalties
§ 290.674 Venue for prosecution of violation; enforcement; institution of prosecution for violation

Terms Used In Michigan Laws > Chapter 290 > Act 232 of 1965 - Agricultural Commodities Marketing Act

  • Access service: means access to a local exchange network for the purpose of enabling a provider to originate or terminate telecommunication services within the local exchange. See Michigan Laws 484.2102
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Aeronautical facilities: means any device, physical or otherwise, that is an object of nature or that is human-made, that aids and is used in aeronautics. See Michigan Laws 259.2
  • Aeronautics: means any act or matter that treats or deals with flight in the airspace. See Michigan Laws 259.2
  • Agent: means the person or persons agreed to or selected by the contractor and the public agency pursuant to section 4(2). See Michigan Laws 125.1561
  • 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 the commodity. See Michigan Laws 290.652
  • Agricultural commodity input: means an item used in the production, processing, or packaging of an agricultural commodity that is assessed by a specific marketing agreement. See Michigan Laws 290.652
  • Air navigation: means the operation or navigation of aircraft in the airspace over the land and waters of this state. See Michigan Laws 259.2
  • Aircraft: means any contrivance used or designed for navigation of or flight in the air. See Michigan Laws 259.2
  • Airport: means any location, either on land or water, that is used for the landing or take-off of aircraft, and includes the buildings and facilities, if any, on that location. See Michigan Laws 259.2
  • Airport: means a publicly owned airport licensed by the state transportation department, bureau of aeronautics under section 86 and includes all airport facilities at the airport. See Michigan Laws 259.109
  • Airport: means a publicly owned airport licensed by the department under section 86 and includes all airport facilities at the airport. See Michigan Laws 259.138
  • Airport facilities: means any of the following at an airport:
  (i) Real or personal property, or interest in real or personal property, used for the landing, taking off, taxiing, parking, storing, shelter, supply, or care of aircraft, or for receiving or discharging passengers or cargo, and all appurtenant areas used for airport buildings or other airport facilities, and all appurtenant rights-of-way. See Michigan Laws 259.109
  • Airport facilities: means any of the following at an airport:
  •   (i) Real or personal property, or an interest in real or personal property, used for the landing, taking off, taxiing, parking, or storing of aircraft, or for receiving or discharging passengers or cargo, an appurtenant area used for an airport building or other facility, and any appurtenant right-of-way. See Michigan Laws 259.138
  • Airport layout plan: means a plan, or an amendment to a plan, that shows current or proposed layout of an airport and that is approved by the commission. See Michigan Laws 259.2
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Application for a building permit: means an application for a building permit submitted to an enforcing agency pursuant to this act and plans, specifications, surveys, statements, and other material submitted to the enforcing agency together or in connection with the application. See Michigan Laws 125.1502a
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Approval date: means the effective date of the issuance by the federal aviation administration to the authority assuming operational jurisdiction of an airport of a certificate under part 139 of chapter 14 of the code of federal regulations with respect to the airport, and the concurrence by the FAA of the designation of the authority as a sponsor of the airport, including the FAA's approval of the assignment of existing grant agreements to the authority. See Michigan Laws 259.109
  • Approval date: means , for airports certificated under 14 C. See Michigan Laws 259.138
  • Architect or professional engineer: means an architect or professional engineer licensed under Act No. See Michigan Laws 125.1561
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authority: means an Indian housing authority created pursuant to section 2. See Michigan Laws 125.1551
  • Authority: means a public airport authority created by or pursuant to section 110 and governed by a board. See Michigan Laws 259.109
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Bequest: Property gifted by will.
  • board: means a board created pursuant to section 4. See Michigan Laws 125.1572
  • Board: means the governing body of an authority appointed pursuant to section 111. See Michigan Laws 259.109
  • Board: means the governing body of a regional authority appointed under section 140. See Michigan Laws 259.138
  • Board of appeals: means the construction board of appeals of a governmental subdivision provided for in section 14. See Michigan Laws 125.1502a
  • Broadband service: means a retail service capable of transmitting data over an access line at a rate greater than 200 kilobits per second. See Michigan Laws 484.2102
  • Building: means a combination of materials, whether portable or fixed, forming a structure affording a facility or shelter for use or occupancy by individuals, animals, or property. See Michigan Laws 125.1502a
  • Cable service: means 1-way transmission to subscribers of video programming or other programming services and subscriber interaction for the selection of video programming or other programming services. See Michigan Laws 484.2102
  • case: means a proceeding as defined in section 3 of the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 484.2102
  • center: means a building described in section 3. See Michigan Laws 125.1572
  • Chief executive officer: means the chief administrative officer of a regional authority. See Michigan Laws 259.138
  • Code: means the state construction code provided for in section 4 or a part of that code of limited application and includes a modification of or amendment to the code. See Michigan Laws 125.1502a
  • Commission: means the Michigan public service commission. See Michigan Laws 484.2102
  • Commission: means the Michigan aeronautics commission. See Michigan Laws 259.3
  • Commission: means the state construction code commission created by section 3a. See Michigan Laws 125.1502a
  • Committee: means the commodity committee or advisory board established under a marketing program. See Michigan Laws 290.652
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Construction: means the construction, erection, reconstruction, alteration, conversion, demolition, repair, moving, or equipping of buildings or structures. See Michigan Laws 125.1502a
  • Contract: A legal written agreement that becomes binding when signed.
  • contract: means a written agreement between a contractor and a public agency for the construction, alteration, demolition, or repair of a facility, other than a contract having a dollar value of less than $30,000. See Michigan Laws 125.1561
  • Contract documents: means the construction contract; instructions to bidders; proposal; conditions of the contract; performance bond; labor and material bond; drawings; specifications; all addenda issued before execution of the construction contract and all modifications issued subsequently. See Michigan Laws 125.1561
  • Contractor: means an individual, sole proprietorship, partnership, corporation, or joint venture, that is a party to a construction contract with a public agency. See Michigan Laws 125.1561
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Department: means the department of agriculture and rural development. See Michigan Laws 290.652
  • Department: means the state transportation department, bureau of aeronautics. See Michigan Laws 259.3
  • Department: means the department of licensing and regulatory affairs. See Michigan Laws 125.1502a
  • Department: means the department of commerce. See Michigan Laws 125.1572
  • Department: means the state transportation department. See Michigan Laws 259.109
  • Devise: To gift property by will.
  • Director: means the director of the department. See Michigan Laws 290.652
  • Director: means the director of the department or an authorized representative of the director. See Michigan Laws 125.1502a
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distributor: means a person engaged in selling, offering for sale, marketing, or distributing an agricultural commodity or agricultural commodity input that he or she has purchased or acquired from a producer or that the person is marketing on behalf of a producer, whether as owner, agent, employee, broker, or otherwise. See Michigan Laws 290.652
  • Docket: A log containing brief entries of court proceedings.
  • Educational institution: means a public educational institution or a private non-profit educational institution approved by the department of education to provide a program of primary, secondary, or higher education, a public library, or a nonprofit association or consortium whose primary purpose is education. See Michigan Laws 484.2102
  • Educational institution: means a local school district, an intermediate school district, or a college, university, community college, or junior college within this state. See Michigan Laws 125.1572
  • End user: means the retail subscriber of a telecommunication service. See Michigan Laws 484.2102
  • Energy management services: means a service of a public utility providing electric power, heat, or light for energy use management, energy use control, energy use information, and energy use communication. See Michigan Laws 484.2102
  • Enforcing agency: means the governmental agency that, in accordance with section 8a or 8b, is responsible for administration and enforcement of the code within a governmental subdivision. See Michigan Laws 125.1502a
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Exchange: means 1 or more contiguous central offices and all associated facilities within a geographical area in which basic local exchange service is offered by a provider. See Michigan Laws 484.2102
  • FAA: means the federal aviation administration of the United States department of transportation, or any successor agency. See Michigan Laws 259.109
  • FAA: means the Federal Aviation Administration of the United States Department of Transportation, or any successor agency. See Michigan Laws 259.138
  • Facility: means a building, utility, road, street, boulevard, parkway, bridge, ditch, drain, levee, dike, sewer, park, playground, or other structure or work that is paid for with public funds or a special assessment. See Michigan Laws 125.1561
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Financial institution: means a state or nationally chartered bank, member of the farm credit system, savings and loan association, savings bank, and credit union, whose deposits are insured by an agency of the United States government and that maintains a principal or branch office located in this state under the laws of this state or the United States. See Michigan Laws 290.652
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fiscal year: means that annual period that is the fiscal year of the local government that owns the airport over which an authority has assumed operational jurisdiction or, if the local government is not required to include the authority in the financial statements of the local government, that annual period established by the board. See Michigan Laws 259.109
  • Fraud: Intentional deception resulting in injury to another.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Fuel: means any gasoline, distillate, benzine, naphtha, benzol, or other volatile and inflammable liquid produced, compounded, and used for propelling aircraft. See Michigan Laws 259.4
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governmental subdivision: means a county, city, village, or township that, in accordance with section 8a or 8b, has assumed responsibility for administration and enforcement of this act and the code within its jurisdiction. See Michigan Laws 125.1502a
  • Handler: means a person that takes title to and is engaged in the operation of packing, cleaning, drying, packaging, sizing, hauling, grading, selling, offering for sale, or marketing a marketable agricultural commodity or an agricultural commodity input in commercial quantities as defined in a marketing program, that as owner, agent, or otherwise, ships or causes an agricultural commodity or agricultural commodity input to be shipped. See Michigan Laws 290.652
  • in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interconnection: means the technical arrangements and other elements necessary to permit the connection between the switched networks of 2 or more providers to enable a telecommunication service originating on the network of 1 provider to terminate on the network of another provider. See Michigan Laws 484.2102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Landing field: means any location, either on land or water, that is used for the landing or take-off of aircraft. See Michigan Laws 259.6
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative body: means the elected body of a local government having legislative powers. See Michigan Laws 259.109
  • Legislative body: means the elected body of a local government that has legislative powers. See Michigan Laws 259.138
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a license issued under this act. See Michigan Laws 484.2102
  • Livestock: means that term as defined in section 3 of the animal industry act, 1988 PA 466, MCL 287. See Michigan Laws 290.652
  • Local calling area: means a geographic area encompassing 1 or more local communities as described in maps, tariffs, or rate schedules filed with and approved by the commission. See Michigan Laws 484.2102
  • Local chief executive officer: means the mayor or manager of a city or village, the township supervisor of a township, or the county executive of a county or, if a county does not have a county executive, the chairperson of the county board of commissioners. See Michigan Laws 259.109
  • Local directory assistance: means the provision by telephone of a listed telephone number within the caller's area code. See Michigan Laws 484.2102
  • Local exchange rate: means the monthly and usage rate, including all necessary and attendant charges, imposed for basic local exchange service to customers. See Michigan Laws 484.2102
  • local exchange service: means the provision of an access line and usage within a local calling area for the transmission of high-quality 2-way interactive switched voice or data communication. See Michigan Laws 484.2102
  • Local government: means a county, city, township, or village that owns or operates an airport. See Michigan Laws 259.109
  • Local government: means a county, city, township, or village that creates the regional authority. See Michigan Laws 259.138
  • Local governmental unit: means a county, township, city, or village within this state. See Michigan Laws 125.1572
  • Marketing agreement: means an agreement entered into, with the director, by producers, distributors, processors, or handlers under this act and binding only on those signing the agreement. See Michigan Laws 290.652
  • Marketing program: means a program established by order of the director under this act prescribing rules and regulations governing the marketing for processing, distributing, selling, or handling an agricultural commodity produced in this state or agricultural commodity input during a specified period and that the director determines would be in the public interest. See Michigan Laws 290.652
  • Mobile home: means a vehicular, portable structure that meets all of the following requirements:
  •   (i) Is built on a chassis pursuant to the national manufactured housing construction and safety standards act of 1974, 42 USC 5401 to 5426. See Michigan Laws 125.1502a
  • month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Operator service: means a telecommunication service that includes automatic or live assistance to a person to arrange for completion and billing of a telephone call originating within this state that is specified by the caller through a method other than 1 of the following:
  •   (i) Automatic completion with billing to the telephone from which the call originated. See Michigan Laws 484.2102
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Payphone service: means a telephone call provided from a public, semipublic, or individually owned and operated telephone that is available to the public and is accessed by the depositing of coin or currency or by other means of payment at the time the call is made. See Michigan Laws 484.2102
  • Person: means an individual, corporation, partnership, association, governmental entity, or any other legal entity. See Michigan Laws 484.2102
  • Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 259.7
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Personal property: All property that is not real property.
  • Political subdivision: means a county, city, village, or township of this state, and any other political subdivision, public corporation, authority, or district in this state that is or may be authorized by law to acquire, establish, construct, maintain, improve, and operate airports, landing fields, and other aeronautical facilities. See Michigan Laws 259.7
  • Premanufactured unit: means an assembly of materials or products intended to comprise all or part of a building or structure, and that is assembled at other than the final location of the unit of the building or structure by a repetitive process under circumstances intended to ensure uniformity of quality and material content. See Michigan Laws 125.1502a
  • Processor: means a person engaged in canning, freezing, dehydrating, drying, fermenting, distilling, extracting, preserving, grinding, crushing, milling, or otherwise preserving or changing the form of an agricultural commodity for the purpose of marketing it. See Michigan Laws 290.652
  • Producer: means a person engaged in the business of producing, or causing to be produced for any market, an agricultural commodity or agricultural commodity input in quantity beyond that person's own family use, and having a value at first point of sale of more than $800. See Michigan Laws 290.652
  • Progress payment: means a payment by a public agency to a contractor for work in place under the terms of a construction contract. See Michigan Laws 125.1561
  • provider: means a person that for compensation provides 1 or more telecommunication services. See Michigan Laws 484.2102
  • Public agency: means this state, or a county, city, township, village, assessment district, or other political subdivision, corporation, commission, agency, or authority created by law. See Michigan Laws 125.1561
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Qualified airport: means an airport, other than a military airport, that has 10,000,000 or more enplanements in any 12-month period. See Michigan Laws 259.109
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Regional authority: means a regional airport authority created under section 139 and governed by a board. See Michigan Laws 259.138
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • retained funds: means the amount withheld from a progress payment to a contractor pursuant to section 3. See Michigan Laws 125.1561
  • Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 259.7
  • seal: shall be construed to include any of the following:
  •   (a) The impression of the seal on the paper alone. See Michigan Laws 8.3n
  • Service of process: The service of writs or summonses to the appropriate party.
  • services: includes regulated and unregulated services offered to customers for the transmission of 2-way interactive communication and associated usage. See Michigan Laws 484.2102
  • shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c
  • Sponsor: means the public agency authorized by subchapter I of chapter 471 of title 49 of the United States Code, 49 U. See Michigan Laws 259.109
  • Sponsor: means a public agency authorized by 49 USC 47101 to 47134 to submit requests for, accept, and be responsible for performing all of the assurances associated with accepting grant agreements with respect to airports from the FAA or this state, and to perform some duties and responsibilities previously assumed by the local government that owns or operates the airport before the transfer of operational jurisdiction of the airport to an authority created under this chapter by virtue of the local government's acceptance before the approval date of grants for the benefit of the airport from the FAA or another agency of the United States or this state. See Michigan Laws 259.138
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • State institution of higher education: means an institution of higher education described in sections 4, 5, and 6 of article VIII of the state constitution of 1963. See Michigan Laws 484.2102
  • Statute: A law passed by a legislature.
  • Structure: means that which is built or constructed, an edifice or building of any kind, or a piece of work artificially built up or composed of parts joined together in some definite manner. See Michigan Laws 125.1502a
  • Summons: Another word for subpoena used by the criminal justice system.
  • Toll service: means the transmission of 2-way interactive switched communication between local calling areas. See Michigan Laws 484.2102
  • Total service long run incremental cost: means , given current service demand, including associated costs of every component necessary to provide the service, 1 of the following:
  •   (i) The total forward-looking cost of a telecommunication service, relevant group of services, or basic network component, using current least cost technology that would be required if the provider had never offered the service. See Michigan Laws 484.2102
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Vehicle: means any device in, upon, or by which a person or property is or may be transported, except an aircraft. See Michigan Laws 259.9
  • Venue: The geographical location in which a case is tried.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • WATS: means the transmission of 2-way interactive switched communication over a dedicated access line. See Michigan Laws 484.2102