Terms Used In Michigan Laws > Chapter 750 > Act 328 of 1931 > Chapter XXXII
AASSPs: means anhydrous ammonia safety and security practices established by the commission under section 5. See Michigan Laws 286.773
Acknowledgment form: means that term as defined in section 2 of the grain dealers act, MCL 285. See Michigan Laws 285.313
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 dealer. See Michigan Laws 285.62
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
Administrative premium: means the amount of money charged to and collected from a producer under section 10. See Michigan Laws 285.313
Administrator: means the director of the department or his or her designated representative. See Michigan Laws 450.4102
Advertising: means all representations other than those on the label, disseminated in any manner or by any means, and relating to seed within the scope of this act. See Michigan Laws 286.702
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.
Advisory committee: means the seed potato advisory committee created in section 6. See Michigan Laws 286.682
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.
Agent: means a person that buys, receives, sells, exchanges, negotiates, or solicits the sale, resale, exchange, or transfer of 1 or more animals for or on behalf of another person. See Michigan Laws 287.121
Agricultural improvements: means any improvements, buildings, structures, or fixtures suitable for use in farming which are located on agricultural land. See Michigan Laws 285.252
Agricultural product: means any agricultural commodity or product, whether raw or processed, including any commodity or product derived from livestock that is marketed for human or livestock use or consumption. See Michigan Laws 286.903
Agricultural seed: means the seed of grass, forage, cereal, fiber, oil plants, and any other seed commonly recognized within this state as agricultural or field seed, lawn seed, or mixtures of those seeds. See Michigan Laws 286.702
Allegation: something that someone says happened.
Alternative fuel: means a fuel composed of biomass or another fuel that does not have petroleum as a base or a blend of a nonpetroleum-based fuel and a petroleum-based fuel. See Michigan Laws 285.341
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.
Anhydrous ammonia: means an inorganic compound that consists of 1 nitrogen atom and 3 hydrogen atoms and has a chemical formula of NH3. See Michigan Laws 286.773
annual meeting: when applied to townships, mean the annual meeting required by law to be held on the Saturday immediately preceding the first Monday in April. See Michigan Laws 8.3d
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
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.
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
Aquacultural products: means any products, coproducts, or by-products of aquaculture species. See Michigan Laws 286.872
Aquaculture: means the commercial husbandry of aquaculture species on the approved list of aquaculture species, including, but not limited to, the culturing, producing, growing, using, propagating, harvesting, transporting, importing, exporting, or marketing of aquacultural products under an appropriate permit or registration. See Michigan Laws 286.872
Aquaculture facility: means a farm or farm operation engaged in any aspect of aquaculture in privately controlled waters capable of holding all life stages of aquaculture species with a barrier or enclosure to prevent their escape into waters of the state. See Michigan Laws 286.872
Aquaculture facility registration: means a registration issued by the director allowing a facility to engage in aquaculture. See Michigan Laws 286.872
Aquaculture research permit: means a permit issued by the director to researchers to study and culture aquaculture species not included on the approved list of aquaculture species for the evaluation of aquacultural potential and to provide a scientific basis for including the aquaculture species on the approved list. See Michigan Laws 286.872
Aquaculture species: means aquatic animal organisms, including, but not limited to, fish, crustaceans, mollusks, reptiles, or amphibians, reared or cultured under controlled conditions for commercial aquaculture or the pet trade. See Michigan Laws 287.121
Aquaculture species: means aquatic animal organisms including, but not limited to, fish, crustaceans, mollusks, reptiles, or amphibians reared or cultured under controlled conditions in an aquaculture facility. See Michigan Laws 286.872
Aquaculturist: means a person involved in or engaged in any aspect of aquaculture. See Michigan Laws 286.872
Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
Arrest: Taking physical custody of a person by lawful authority.
Articles of organization: means the original documents filed to organize a limited liability company, as amended or restated by certificates of correction, amendment, or merger, by restated articles, or by other instruments filed or issued under any statute. See Michigan Laws 450.4102
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
Authority: means the state exposition and fairgrounds authority created in section 9. See Michigan Laws 285.162
Authority: means the Michigan family farm development authority established in section 3. See Michigan Laws 285.252
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
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.
Bee disease: means American or European foulbrood, sacbrood, bee paralysis, parasites of bees, or other disease or abnormal condition of the egg, larval, pupal, or adult stages of bees. See Michigan Laws 286.801
Beginning farmer: means an individual with a low or moderate net worth who engages in farming or wishes to engage in farming. See Michigan Laws 285.252
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
Bequest: Property gifted by will.
Biodiesel: means a fuel composed of mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats and, in accordance with standards specified by the American society for testing and materials, designated B100, and meeting the requirements of D6751, as approved by the department. See Michigan Laws 285.341
Blend: means seed consisting of more than 1 variety of a kind, each in excess of 5% of the whole. See Michigan Laws 286.702
Brand: means a word, name, symbol, number, or design used to identify seed of 1 person to distinguish it from the seed of another person. See Michigan Laws 286.702
Breeder seed: means seed or plant propagating material directly controlled by the originating or, in certain cases, the sponsoring plant breeder or institution, and which provides the source of foundation seed. See Michigan Laws 286.71
broker: means a person that, as a principal or agent, engages in the business of buying, receiving, selling, exchanging, buying for slaughter, negotiating, or soliciting sale, resale, exchange, transportation, or transfer of animals. See Michigan Laws 287.121
Broker: means to engage or participate in the marketing of industrial hemp by acting as an intermediary or negotiator between prospective buyers and sellers. See Michigan Laws 286.842
Buying station: means a facility or location where livestock are congregated and purchased by the owner or agent of the facility or location for movement or sale. See Michigan Laws 287.121
Cash sale: means a sale in which the title to farm produce is transferred only after a price is decided upon before or at the time of delivery and payment for the farm produce meets 1 of the following:
(i) Payment of the price is made to the depositor in cash or by check, money order, wire transfer, or draft within 10 days of delivery. See Michigan Laws 285.62
certified: means a determination made by a registered certifying agent that an agricultural product has been produced and handled in compliance with the Michigan organic standards. See Michigan Laws 286.903
Certified seed: means the progeny of foundation, registered or certified seed if designated foundation and plant propagating materials that are so handled as to maintain satisfactory genetic identity and purity and have met certification standards required by this act and have been approved and certified by the director upon the advice of official seed certifying agencies. See Michigan Laws 286.71
Certified seed: means a class of seed that meets the requirements of 1959 PA 221, MCL 286. See Michigan Laws 286.682
Certifying agent: means an entity registered by the department that certifies production or handling operations or portions of production or handling operations as meeting the Michigan organic standards. See Michigan Laws 286.903
Claimant: means a producer who makes a claim for reimbursement from the fund under section 15. See Michigan Laws 285.313
Collection point: means a facility or location where livestock are congregated by the owner or agent of the facility or location for transfer or movement. See Michigan Laws 287.121
Commingling: means the mixing together of or physical contact between unpackaged organic products and nonorganic agricultural products during production or handling. See Michigan Laws 286.903
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Conditioning: means drying, cleaning, scarifying, and other operations that change the purity or germination of the seed and require the seed lot to be retested to determine the label information. See Michigan Laws 286.702
Confinement research facility: means a facility holding an aquaculture research permit, enclosed in a secure structure, and separated from other aquaculture facilities and in which aquaculture species are isolated and maintained in complete and continuous confinement to prevent their escape into the environment and to prevent the release of any possible pathogens into the environment. See Michigan Laws 286.872
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
Contribution: means anything of value that a person contributes to the limited liability company as a prerequisite for, or in connection with, membership, including cash, property, services performed, or a promissory note or other binding obligation to contribute cash or property, or to perform services. See Michigan Laws 450.4102
Controlled atmosphere storage: means the storage of fruits or vegetables in an approved sealed storage room or in an approved sealed storage building, or in a sealed storage space within the room or building, under controlled conditions of time in days, oxygen content, carbon dioxide content, and temperature as established by this act or rules adopted under this act. See Michigan Laws 286.371
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.
Crop seed: means the seed of plants grown as crops, other than the kind or variety included in the pure seed, as determined by methods defined by rule promulgated under this act. See Michigan Laws 286.702
Dependent: A person dependent for support upon another.
Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
Depositor: means that term as defined in section 2 of the grain dealers act, MCL 285. See Michigan Laws 285.313
Depositor: means either of the following:
(i) A person who delivers farm produce to a licensed grain dealer for storage, processing, shipment, or sale and has title to the farm produce at the time of delivery. See Michigan Laws 285.62
Depreciable agricultural property: means personal property suitable for use in farming for which an income tax deduction for depreciation is allowable in computing federal income tax under the internal revenue code. See Michigan Laws 285.252
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
Distribution: means a direct or indirect transfer of money or other property or the incurrence of indebtedness by a limited liability company to or for the benefit of its members or assignees of its members in respect of the members' membership interests. See Michigan Laws 450.4102
domestic limited liability company: means an entity that is an unincorporated membership organization formed under this act. See Michigan Laws 450.4102
Donor: The person who makes a gift.
Dormant seed: means viable seed, excluding hard seed that fail to germinate when provided with the specified germination conditions for the kind of seed in question. See Michigan Laws 286.702
Emigrant agent: means a person engaged in recruiting, hiring, soliciting or enticing laborers by any means whatsoever in this state to be employed beyond the limits of this state in farm labor. See Michigan Laws 286.651
Employer: means a person employing or seeking to employ an employee for farm labor. See Michigan Laws 286.651
End user: means the person actually using anhydrous ammonia for a legal purpose. See Michigan Laws 286.773
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
Escrow: Money given to a third party to be held for payment until certain conditions are met.
Ethanol: means a substance that meets the American society for testing and materials standard in effect on the effective date of this act as the D4806 specification for denatured fuel grade ethanol for blending with gasoline. See Michigan Laws 285.341
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.
Facility: means that term as defined in section 2 of the grain dealers act, MCL 285. See Michigan Laws 285.313
Facility: means an edifice, silo, tank, bin, crib, interstice, or protected enclosed structure, or more than 1 edifice, silo, tank, bin, crib, interstice, or protected enclosed structure located contiguous to each other, used to receive, deposit, or store farm produce in bulk. See Michigan Laws 285.62
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Farm labor: means cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural or horticultural commodity, the raising of livestock, bees, furbearing animals or poultry, any practices performed on the farm as an incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market or any forestry or lumbering operations, and first processing of any agricultural or horticultural commodity during seasonal operations. See Michigan Laws 286.651
farm operation: means those terms as defined in the Michigan right to farm act, 1981 PA 93, MCL 286. See Michigan Laws 286.872
Farm produce: means that term as defined in section 2 of the grain dealers act, MCL 285. See Michigan Laws 285.313
Farm produce: means 1 or more of dry edible beans, soybeans, small grains, cereal grains, or corn. See Michigan Laws 285.62
Farm produce handled: means the number of bushels or hundredweight of farm produce that a licensee receives or is otherwise obligated for in a fiscal period. See Michigan Laws 285.62
Farm produce handling: means any of the following:
Farm produce trucker: means a person engaged in the business of hauling farm produce that issues price later agreements or acknowledgment forms, transfers warehouse receipts, or is responsible for payment to a depositor, but that does not own a facility. See Michigan Laws 285.62
Farming: means the cultivation of land for the production of agricultural crops and includes the production of poultry and poultry products, the production of livestock including breeding and grazing, the production of grains and feeds, the production of forages and sod, the production of dairy products, the production of fruits and vegetables, the production of timber and timber products, the production of seeds and grasses, and the production of equine. See Michigan Laws 285.252
Felony: A crime carrying a penalty of more than a year in prison.
felony: when used in this act, shall be construed to mean an offense for which the offender, on conviction may be punished by death, or by imprisonment in state prison. See Michigan Laws 750.7
Fiduciary: A trustee, executor, or administrator.
Field year: means the number of years a particular seed lot has been grown in the field after greenhouse propagation. See Michigan Laws 286.682
Financial institution: means a state or nationally chartered bank or a state or federally chartered savings and loan association, savings bank, or credit union whose deposits are insured by an agency of the United States government and that maintains a principal office or branch office located in this state, or a national bank for cooperatives subject to the farm credit act of 1971, Public Law 92-181, 85 Stat. See Michigan Laws 285.62
Financial loss: means the loss to a producer who is not paid in full for farm produce that the producer sold to a grain dealer and delivered under the terms of the sales contract, after deducting any outstanding charges against the farm produce. See Michigan Laws 285.313
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.
Flower seed: means the seed of those plants usually grown for their blooms, ornamental foliage, or other ornamental parts and commonly are known and sold under the name of flower seed in this state. See Michigan Laws 286.702
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
Foreign limited liability company: means a limited liability company formed under laws other than the laws of this state. See Michigan Laws 450.4102
Forest tree seed: means the seeds of those forest trees that are usually grown in nurseries and forests in this state, and that are listed in the rules promulgated under this act. See Michigan Laws 286.702
Foundation seed: means seed stocks or plant propagating materials that are increased from breeder or designated foundation seed and are so handled as to most nearly maintain specific genetic identity and purity. See Michigan Laws 286.71
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
Fund: means the agriculture licensing and inspection fees fund created in section 9 of the insect pest and plant disease act, 1931 PA 189, MCL 286. See Michigan Laws 286.682
Genetically engineered: refers to an organism whose genome, chromosomal or extrachromosomal, is modified permanently and heritably using recombinant nucleic acid techniques, or the progeny thereof. See Michigan Laws 286.872
Germane: On the subject of the pending bill or other business; a strict standard of relevance.
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
GPS coordinates: means latitude and longitude coordinates derived from a global positioning system. See Michigan Laws 286.842
Grain dealer: means that term as defined in section 2 of the grain dealers act, MCL 285. See Michigan Laws 285.313
Grain dealer: means a person engaged in the business of receiving, buying, exchanging, selling, or storing farm produce in this state. See Michigan Laws 285.62
Grain merchandiser: means a person engaged in the business of receiving, buying, exchanging, selling, or taking title to farm produce and who is responsible for payment to a depositor but does not operate a truck or a facility. See Michigan Laws 285.62
Grow: means to plant, propagate, grow, cultivate, or harvest live plants or viable seeds. See Michigan Laws 286.842
Grower: means a person registered by the department under this act to grow industrial hemp. See Michigan Laws 286.842
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
Handle: means to possess, store, or transport industrial hemp on premises owned, operated, or controlled by a registered grower or licensed processor-handler. See Michigan Laws 286.842
Handler: means any person engaged in the business of handling agricultural products as organic products including producers who handle crops or livestock of their own production. See Michigan Laws 286.905
Handling operation: means any operation or portion of an operation that sells, transports, receives, or otherwise acquires agricultural products as organic products and processes, packages, or stores such organic products. See Michigan Laws 286.905
Hybrid: means , as applied to kinds or varieties of seed, the first generation seed of a cross, produced by controlling the pollination and by combining 2 or more inbred lines, or 1 inbred line or a single cross with an open pollinated variety, or 2 selected clones, seed lines, varieties, or species, except open pollinated varieties of corn such as zea mays. See Michigan Laws 286.702
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
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
Inert matter: means broken seed 1/2 or less the original size, seeds of legumes or crucifers with seed coats removed, undeveloped or badly injured weed seed, the empty glumes or attached sterile glumes of grasses, stems, leaves, stones, chaff, soil, insects, fungal bodies, material added in coating or pelleting, and all other matter other than pure seed, weed, or crop seed, as determined by methods defined by rule promulgated under this act. See Michigan Laws 286.702
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Insect pests: means insects or other invertebrates injurious to plants or plant products. See Michigan Laws 286.202
Insolvent: means being unable to pay debts as they become due in the usual course of a debtor's business. See Michigan Laws 450.3104
Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
interest: means a member's rights in the limited liability company, including, but not limited to, any right to receive distributions of the limited liability company's assets and any right to vote or participate in management. See Michigan Laws 450.4102
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
Ionizing radiation: means gamma-ray emissions from radioactive isotopes such as cobalt-60 or cesium-137; x-rays; electron beams; or any other radiation capable of altering a food's molecular structure, used for purposes that include, but are not limited to, controlling microbes, pathogens, parasites, and pests in food, preserving a food, or inhibiting physiological processes such as sprouting or ripening. See Michigan Laws 286.905
Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
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.
Kind: means 1 or more related species or subspecies that singly or collectively is known by 1 common name, including, but not limited to, oats, wheat, soybeans, and corn. See Michigan Laws 286.702
Label: includes all labels, and other written, printed, or graphic representation in any form, accompanying or pertaining to any seed in bulk or in containers and includes representation on invoices, bills, and letterheads. See Michigan Laws 286.702
Labeling: means all labels and other written, printed, or graphic matter upon an article or any of its containers or wrappers or accompanying the article. See Michigan Laws 286.905
Land-based industries: means food and agriculture, forestry, mining, oil and gas production, and tourism. See Michigan Laws 286.942
Law enforcement officer: means a person appointed by the state or a local governmental unit who is responsible for the enforcement of the criminal laws of this state. See Michigan Laws 286.872
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
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
License: means a license issued by the department to a grain dealer in the manner provided under this act. See Michigan Laws 285.62
Licensing and registration fund: means the industrial hemp licensing and registration fund created in section 5. See Michigan Laws 286.842
Lien: A claim against real or personal property in satisfaction of a debt.
livestock: includes horses, ponies, mules, cattle, calves, swine, sheep, poultry, privately owned cervids, ratites, aquaculture species, and goats. See Michigan Laws 287.121
Livestock: means cattle, swine, sheep, goats, or poultry located in this state. See Michigan Laws 287.251
Livestock: means that term as it is defined in section 5 of the animal industry act, 1988 PA 466, MCL 287. See Michigan Laws 285.362
Livestock: means any cattle, sheep, goat, swine, poultry, captive cervidae, ratites, or equine animals used for food, fiber, feed, or other agricultural based consumer products, wild or domesticated game, or other nonplant life including fish or bees. See Michigan Laws 286.905
Livestock auction: means a livestock congregation point where livestock are accepted on consignment and the auction method is used in the marketing of livestock. See Michigan Laws 287.121
Livestock trucker: means a person, not otherwise licensed under this act, that engages in the business of transporting livestock not owned by the person, or the person's employer, from 1 premises to another. See Michigan Laws 287.121
Local unit of government: means a county, city, township, village, school district, or any authority composed of counties, cities, townships, villages, or school districts, or any combination of these entities. See Michigan Laws 286.942
Lot: means a definite quantity of seed identified by a number or other mark, every portion of which is uniform within recognized tolerances for the factors that appear in the labeling. See Michigan Laws 286.702
Low or moderate net worth: means an aggregate net worth of an individual and the individual's spouse and children, if any, of less than $250,000. See Michigan Laws 285.252
Low-profit limited liability company: means a limited liability company that has included in its articles of organization a purpose that meets, and that at all times conducts its activities to meet, all of the following requirements:
(i) The limited liability company significantly furthers the accomplishment of 1 or more charitable or educational purposes described in section 170(c)(2)(B) of the internal revenue code of 1986, 26 USC 170, and would not have been formed except to accomplish those charitable or educational purposes. See Michigan Laws 450.4102
Major source of agricultural income: means that the producers of grapes within the affected area obtain at least 10% of their gross income as a group in any 5-year period from the production of grapes. See Michigan Laws 286.401
Majority in interest: means a majority of votes as allocated by an operating agreement, or by the statute in the absence of an allocation by operating agreement, and held by members entitled to vote on a matter submitted for a vote by members. See Michigan Laws 450.4102
managers: means a person or persons designated to manage the limited liability company pursuant to a provision in the articles of organization stating that the business is to be managed by or under the authority of managers. See Michigan Laws 450.4102
Market: means to promote or sell industrial hemp or an industrial hemp commodity or product. See Michigan Laws 286.842
Member: means a person who has been admitted to a limited liability company as provided in section 501, or, in the case of a foreign limited liability company, a person that is a member of the foreign limited liability company in accordance with the laws under which the foreign limited liability company is organized. See Michigan Laws 450.4102
Member capital: means the assets that a member must provide by payment, transfer, or allocation of net savings to a cooperative as a condition of admission to or retention of membership and with respect to which the member has rights to dividends, redemption, or distributions on dissolution under this chapter. See Michigan Laws 450.3104
Membership fee: means a nonredeemable fee that a member must pay to a cooperative as a condition of admission to or retention of membership in the cooperative that is not member capital or a fee for goods, services, or facilities. See Michigan Laws 450.3104
Michigan organic standards: means those organic production and handling standards defined by this act, rules adopted under this act, or both, that are designed to combine organic production or handling practices and an audit trail that will ensure the integrity of organic products from the producer to the consumer. See Michigan Laws 286.907
Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
Mixture: means seed consisting of more than 1 kind, each in excess of 5% of the whole. See Michigan Laws 286.702
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: means a mortgage, mortgage deed, deed of trust, or other instrument creating a first lien, subject only to title exceptions and encumbrances acceptable to the authority, including any other mortgage liens of equal standing with or subordinate to the mortgage loan retained by a seller or conveyed to a mortgage lender, on a fee interest in agricultural land and agricultural improvements. See Michigan Laws 285.252
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mortgage lender: means a state or national bank, trust company, mortgage company, national banking association, savings and loan association, life insurance company, any state or federal governmental agency or instrumentality, including the federal land bank or any of its local associations, or any other financial institution or entity authorized to make mortgage loans in this state. See Michigan Laws 285.252
Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
Net worth: means total assets minus total liabilities as determined in accordance with generally accepted accounting principles with appropriate exceptions and exemptions reasonably related to an equitable determination of the family's net worth. See Michigan Laws 285.252
Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
Nursery: means any grounds or premises on or in which nursery stock is propagated, grown, or cultivated for the purpose of distributing or selling nursery stock as a business. See Michigan Laws 286.202
Nursery dealer: means a person that is not a grower or an original producer of nursery stock in this state, that buys nursery stock for the purpose of reselling or reshipping independently of the control of any nursery grower or nursery dealer, or that is engaged with a nursery grower or nursery dealer in handling nursery stock on a consignment basis. See Michigan Laws 286.202
Nursery stock: means all domesticated or wild botanically classified hardy perennial or biennial trees, shrubs, vines, and other plants; cuttings, grafts, scions, buds, bulbs, rhizomes, or roots of any of these; and fruit pits. See Michigan Laws 286.202
oath: shall be construed to include the word "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases the word "sworn" shall be construed to include the word "affirmed". See Michigan Laws 8.3k
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.
Operating agreement: means a written agreement by the member of a limited liability company that has 1 member, or between all of the members of a limited liability company that has more than 1 member, pertaining to the affairs of the limited liability company and the conduct of its business. See Michigan Laws 450.4102
Organic: means a labeling term referring to an agricultural product produced in accordance with the standards described in this act, rules adopted under this act, or both. See Michigan Laws 286.907
Organic product: means agricultural products including, but not limited to, crops, livestock, livestock products, or other agricultural products that are produced organically for human or livestock use or consumption. See Michigan Laws 286.907
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.
Patron: means a person whose economic exchange is a regular part of the business of a cooperative or foreign cooperative, if the economic exchange is the same type of regular economic exchange engaged in by any class of members. See Michigan Laws 450.3104
Patronage: means the selling or providing of goods, services, or facilities to, or the buying of goods, services, or facilities from members or other persons, or providing labor or services to or by a cooperative. See Michigan Laws 450.3104
Person: means an individual, corporation, limited liability company, partnership, association, cooperative organization, or other legal entity. See Michigan Laws 285.62
Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 287.121
Person: means an individual, firm, partnership, association, corporation, or other legal entity. See Michigan Laws 287.251
Person: means an individual, corporation, limited liability company, partnership, association, cooperative association or other cooperative organization, or other legal entity. See Michigan Laws 285.313
Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 286.202
Person: means an individual, partnership, association, corporation, legal representative, trustee, trustee in bankruptcy or receiver. See Michigan Laws 286.651
Person: means an individual, partnership, association, corporation, governmental entity, or other legal entity. See Michigan Laws 286.682
Person: means any individual, partnership, company, corporation, society, cooperative, union, or association. See Michigan Laws 286.702
Person: means an individual, partnership, limited liability company, trust, custodian, estate, association, corporation, governmental entity, or any other legal entity. See Michigan Laws 450.4102
Person: means an individual, partnership, corporation, association, or other legal entity. See Michigan Laws 286.842
person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
Person: means an individual, corporation, limited liability company, partnership, association, joint venture, or other legal entity. See Michigan Laws 286.872
Person: means an individual, group of individuals, contractor, corporation, limited liability company, partnership, joint venture, cooperative, community supported agricultural entity, or any other legal entity. See Michigan Laws 286.907
Personal property: All property that is not real property.
Places: means vessels, cars and other vehicles, buildings, docks, nurseries, orchards, and other premises where plants or plant products are grown, kept, or handled. See Michigan Laws 286.202
Plaintiff: The person who files the complaint in a civil lawsuit.
Plant diseases: means fungi, bacteria, nematodes, and viruses, injurious to plants or plant products, and the pathological condition in plants or plant products caused by fungi, bacteria, nematodes, and viruses. See Michigan Laws 286.202
Plants or plant products: means trees, shrubs, vines, fruit, forage and cereal plants, and all other plants, cuttings, grafts, scions, buds, and all other parts of plants; including fruit, vegetables, roots, bulbs, pips, seeds, wood, lumber, and all other plant products. See Michigan Laws 286.202
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
Plot: means a contiguous area in a field, greenhouse, or indoor growing structure containing the same variety of industrial hemp throughout the area. See Michigan Laws 286.842
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
Price later agreement: means a written or electronically transmitted agreement between a depositor and a grain dealer where the grain dealer receives title to farm produce and the depositor retains the option to price the farm produce after delivery based on conditions in the agreement. See Michigan Laws 285.62
Price later agreement: means that term as defined in section 2 of the grain dealers act, MCL 285. See Michigan Laws 285.313
Privately controlled waters: means waters controlled within ponds, vats, raceways, tanks, and any other indoor or outdoor structure wholly within or on land owned or leased by an aquaculturist and used with an aquaculture facility or confinement research facility. See Michigan Laws 286.872
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Processing: means drying, cleaning, packaging, or otherwise changing the physical characteristics of farm produce. See Michigan Laws 285.62
Processing: means processes that include, but are not limited to, cooking, baking, heating, drying, mixing, grinding, churning, separating, extracting, cutting, fermenting, eviscerating, preserving, dehydrating, freezing, or other manufacturing process and includes the packaging, canning, jarring, or otherwise enclosing of food in a container. See Michigan Laws 286.907
Processor: means a person engaged in processing farm produce and storing the farm produce for a period of 24 hours or more. See Michigan Laws 285.62
Processor-handler: means a person licensed by the department under this act to process, handle, broker, or market industrial hemp. See Michigan Laws 286.842
Producer: means a person that owns, rents, leases, or operates a farm on land and who has an interest in and receives all or any part of the proceeds from the sale and delivery in Michigan of farm produce produced from the land to a grain dealer licensed under the grain dealers act. See Michigan Laws 285.313
Producer: means a person who engages in the business of growing or producing agricultural products. See Michigan Laws 286.907
Producer premium: means the amount of money charged to and collected from a producer under section 11. See Michigan Laws 285.313
Producer security activities: means any action by the director under section 22 of the grain dealers act, MCL 285. See Michigan Laws 285.313
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
Pure seed: means seed exclusive of inert matter and all other seeds not of the seed being considered, as determined by methods defined by rule promulgated under this act. See Michigan Laws 286.702
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.
Receiving point: means a facility where farm produce is received, weighed, and stored and an acknowledgment form is issued. See Michigan Laws 285.62
Recombinant nucleic acid techniques: means laboratory techniques through which genetic material is isolated and manipulated in vitro and then inserted into an organism. See Michigan Laws 286.872
Records: means all label information and the source of this information required by this act for the seed being considered, and all information relating to the shipment or shipments involved with seed, such as invoices, vouchers, freight bills, and other records. See Michigan Laws 286.702
Redemption: means any method by which a cooperative exchanges cash or debt instruments for member capital, including, but not limited to, repurchase, redemption, refund, or repayment. See Michigan Laws 450.3104
Referendum: means a method of member voting that utilizes secret ballot and established polling places as provided in the cooperative's bylaws or under section 409. See Michigan Laws 450.3104
Registered seed: means the progeny of foundation or registered seed or plant propagating material that is so handled as to maintain satisfactory genetic identity and purity and that has been approved and certified by the director of agriculture upon the advice of the official certifying agencies. See Michigan Laws 286.71
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.
Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
Research fund: means the industrial hemp research and development fund created in section 4. See Michigan Laws 286.842
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Restricted noxious weed seed: means the seeds of the plants that are objectionable in the fields, lawns, and gardens of this state but can be controlled by ordinary good cultural practices, and that are listed in the rules promulgated under this act. See Michigan Laws 286.702
Riding stable: means any establishment in which, for business purposes, 6 or more horses or ponies are rented, hired, or loaned for riding. See Michigan Laws 287.111
Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 286.682
Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 286.702
sealed storage building: means sealed storage spaces in which controlled atmosphere is maintained, inferred, advertised, or represented as having a controlled atmosphere. See Michigan Laws 286.371
Secured loan: means a financial obligation secured by a lien on an interest in depreciable agricultural property. See Michigan Laws 285.252
Seed: means the seed or propagating materials of cereals, grain crops, vegetable crops, oil crops, fiber crops, forage crops, grasses, legumes, turf species, tuberous crops, and other crops used in agricultural products which are produced or processed for the purpose of being sold, offered or exposed for sale, for planting, sowing or seeding processes within this state. See Michigan Laws 286.71
Seed lot: means all the seed potatoes of the same variety that are of a single class and specific seed source and are harvested from a field or stored together in a specific storage facility. See Michigan Laws 286.682
Seizure: means a legal process carried out by a court order against a definite amount of seed. See Michigan Laws 286.702
Seller: means a person selling anhydrous ammonia at wholesale or retail to an end user for a legal purpose. See Michigan Laws 286.773
Service of process: The service of writs or summonses to the appropriate party.
Services in a learned profession: means services rendered by a dentist, an osteopathic physician, a physician, a surgeon, a doctor of divinity or other clergy, or an attorney-at-law. See Michigan Laws 450.4102
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.
Sewage sludge: means solid, semisolid, liquid, or ash residue generated during treatment of domestic or industrial sewage in a treatment works. See Michigan Laws 286.909
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
State national harmonization program: means the state national harmonization program for seed potatoes developed by the plant protection and quarantine program of the Animal and Plant Health Inspection Service in the United States Department of Agriculture. See Michigan Laws 286.682
Statute: A law passed by a legislature.
Stop sale: means an administrative order restraining the sale, disposition, and movement of a definite amount of seed. See Michigan Laws 286.702
Storage: means the deposit of farm produce in trust with a grain dealer by a depositor. See Michigan Laws 285.62
Storage loss: means a loss to a depositor resulting from the failure of a licensee that has not fully satisfied its storage obligation to the depositor, net of any outstanding charges against the farm produce. See Michigan Laws 285.313
Subpoena: A command to a witness to appear and give testimony.
Summons: Another word for subpoena used by the criminal justice system.
survivor: means the constituent that survives a merger, as identified in the certificate of merger. See Michigan Laws 450.4102
Synthetic: means a substance that is formulated or manufactured by a chemical process or by a process that chemically changes a substance extracted from naturally occurring plant, animal, or mineral sources except those substances created by naturally occurring biological processes. See Michigan Laws 286.909
Telecommunication facilities: means either or both of the following:
(i) Telecommunication facilities as defined in section 2 of the metropolitan extension telecommunications rights-of-way oversight act, 2002 PA 48, MCL 484. See Michigan Laws 286.942
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Testing facility: means a safety compliance facility licensed under the medical marihuana facilities licensing act, 2016 PA 281, MCL 333. See Michigan Laws 286.842
Tolerance: means the allowable deviation from any percentage claim used on a label and is based on the law of normal variation from a mean. See Michigan Laws 286.702
Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Townships: means government survey townships, and need not be in the same county. See Michigan Laws 286.401
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Treated: means that the seed has received an effective application of substance or method designed to reduce, control, or repel certain disease organisms, fungi, insects, or other pests attacking the seed or seedlings or has received some other treatment to improve its planting value. See Michigan Laws 286.702
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trustee: A person or institution holding and administering property in trust.
Type: means a group of varieties so nearly similar that individual varieties cannot be clearly differentiated except under special conditions. See Michigan Laws 286.702
Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
Unincorporated cooperative: means either of the following:
(i) An association of 2 or more persons that is organized on a cooperative basis and that is not a corporation. See Michigan Laws 450.3104
United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
Usury: Charging an illegally high interest rate on a loan. Source: OCC
Valid claim: means a claim arising from a failure of a licensee that occurs after the effective date of this act, is found valid by the department, and is approved by the board, less all credits and offsets associated with farm produce delivered and sold in this state by a producer to the licensee or to a location in this state designated in advance of the delivery. See Michigan Laws 285.313
Variety: means a subdivision of a kind that is distinct, uniform, and stable; distinct in the sense that the variety can be differentiated by 1 or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge; uniform in the sense that variations in essential and distinctive characteristics are describable, and stable in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties; for example, heritage oats, augusta wheat, corsoy soybeans. See Michigan Laws 286.702
Variety: means a subdivision of a species that has the following characteristics:
(i) The subdivision is uniform, in the sense that variations between the subdivision and other subdivisions in essential and distinctive characteristics are describable. See Michigan Laws 286.842
Vegetable seed: means the seed of those crops that are grown in gardens or on truck farms and that generally are known and sold under the name of vegetable or herb seed in this state. See Michigan Laws 286.702
Warehouse receipt: means a written or electronically transmitted receipt issued by a grain dealer to a depositor at the time the grain dealer accepts farm produce for storage. See Michigan Laws 285.62
Warehouse receipt: means that term as defined in section 2 of the grain dealers act, MCL 285. See Michigan Laws 285.313
Waters of the state: means groundwaters, lakes, rivers, and streams and all other watercourses and waters within the jurisdiction of the state and also the Great Lakes bordering the state. See Michigan Laws 286.872
Weed seed: means the seeds of all plants generally recognized as weeds within the state, as determined by methods defined by rule promulgated under this act, and includes prohibited and restricted noxious weed seeds. See Michigan Laws 286.702
Weighmaster: means a person registered under this act that weighs livestock at a livestock auction licensed under this act. See Michigan Laws 287.121
Writ: A formal written command, issued from the court, requiring the performance of a specific act.