§ 290.701 Short title
§ 290.702 Definitions
§ 290.702a Excluded sales
§ 290.703 Administration and implementation of act; rules
§ 290.704 Voluntary associations; prohibited practices; complaints; orders
§ 290.705 Enforcement of orders; temporary relief or restraining orders; jurisdiction; objections; findings; additional evidence; review; stay
§ 290.706 Proposed bargaining unit; determination of appropriateness; criteria
§ 290.707 Accreditation of association; requirements
§ 290.708 Request for accreditation; contents; fee; report
§ 290.709 Request for accreditation; determination by department; amended request; public hearing; notice
§ 290.710 Request for accreditation; issuance and publication of determination; preliminary declaration; service fees; effective date of accreditation; referendum; denial of accreditation
§ 290.711 Annual report of accredited association
§ 290.712 Revocation of accreditation
§ 290.713 “Bargaining” defined; accredited association as exclusive representative; negotiations; notice
§ 290.714 Mediation of issues; duties of department; designation of person to act in department’s behalf; fee
§ 290.715 Election not to purchase or sell during marketing period
§ 290.716 Arbitration; agreements as to agricultural commodities; disputed quantities; offer; claim for relief; determination of reasonableness; joint settlement committee
§ 290.717 Hearing; notice; duties of chairperson; intervention; evidence; informal proceedings; verbatim record; transcripts; expense; adjournment; conclusion; majority actions and rulings
§ 290.718 Joint settlement committee; powers; oaths; subpoenas; contempt
§ 290.719 Joint settlement committee; findings of fact; issuance of award
§ 290.720 Joint settlement committee; decision; basis
§ 290.721 Finality of committee’s decision; enforcement
§ 290.722 Disobeying or resisting order; contempt
§ 290.723 Judicial review of committee awards
§ 290.724 Mailing copy of contract or award to department
§ 290.725 Access of department to evidence; refusal to obey subpoena; service of process
§ 290.726 Antitrust law not violated

Terms Used In Michigan Laws > Chapter 290 > Act 344 of 1972 - Agricultural Marketing and Bargaining Act

  • Accredited association: means an association accredited in accordance with this act. See Michigan Laws 290.702
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agricultural commodity: means all perishable fruits and vegetables as defined by the department. See Michigan Laws 290.702
  • 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.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Association: means a cooperative association of producers or a division thereof, or a federation of cooperative associations of producers, engaged in the marketing, bargaining, shipping, or processing of an agricultural commodity on behalf of its members who are producers of the agricultural commodity. See Michigan Laws 290.702
  • bargaining: means the mutual obligation of a handler and an accredited association or their designated representatives to meet at reasonable times and confer and negotiate in good faith. See Michigan Laws 290.713
  • 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
  • Commission: means the Michigan public service commission. See Michigan Laws 484.2102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the department of agriculture and rural development. See Michigan Laws 290.702
  • End user: means the retail subscriber of a telecommunication service. See Michigan Laws 484.2102
  • 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.
  • Fraud: Intentional deception resulting in injury to another.
  • Handler: means a person other than an association engaged in the business or practice of any of the following:
  (i) Acquiring agricultural commodities from producers or associations for processing or sale. See Michigan Laws 290.702
  • 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
  • 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.
  • 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
  • Member: means a producer who has entered into a contract with an association appointing the association as his or her exclusive agent in negotiations with handlers with respect to the marketing of an agricultural commodity. See Michigan Laws 290.702
  • 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.
  • 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.
  • 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, or association. See Michigan Laws 290.702
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Producer: means any person who produces or causes to be produced in any 1 marketing period within the previous 2 marketing periods any agricultural commodity in a quantity beyond his or her own family use and having a minimum value at first point of sale as determined by the department for that agricultural commodity, and who is able, during the marketing period, to transfer to a handler or an association a merchantable title to the agricultural commodity or provide management, labor, machinery, facilities, or any other production input, with the assumption of risk, for the production of the agricultural commodity under a written or oral contract. See Michigan Laws 290.702
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • provider: means a person that for compensation provides 1 or more telecommunication services. See Michigan Laws 484.2102
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • 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
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • 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
  • 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
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Unfair practices: means those practices prohibited under section 4. See Michigan Laws 290.702