HB-6207, As Passed House, December 5, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6207

 

 

June 12, 2018, Introduced by Reps. Victory, Lauwers, Vaupel, Alexander, Howell, Wentworth and Calley and referred to the Committee on Agriculture.

 

     A bill to amend 1965 PA 232, entitled

 

"Agricultural commodities marketing act,"

 

by amending section 2 (MCL 290.652), as amended by 2002 PA 601.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "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. The kinds, types,

 

and subtypes of products to be classed together as an agricultural

 

commodity for the purposes of this act shall be determined on the

 

basis of common usage and practice.

 

     (b) "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. Agricultural

 

commodity input does not include feed, fertilizer, and pesticides.

 

     (c) "Committee" means the commodity committee or advisory

 

board established under a marketing program.

 

     (d) "Department" means the state department of agriculture and

 

rural development.

 

     (e) "Director" means the director of the department. of

 

agriculture.

 

     (f) "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. Distributor does not include a retailer of an

 

agricultural commodity except for either of the following:

 

     (i) A retailer who that purchases or acquires from or handles

 

on behalf of a producer an agricultural commodity not previously

 

subjected to regulations by the marketing program covering the

 

agricultural commodity.

 

     (ii) A retailer specifically identified by a marketing program

 

that is subject to an assessment.

 

     (g) "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.

 

     (h) "Handler" means a person who 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,

 

who that as owner, agent, or otherwise, ships or causes an

 

agricultural commodity or agricultural commodity input to be

 

shipped.

 

     (i) "Livestock" means that term as defined in section 5 3 of

 

the animal industry act, 1988 PA 466, MCL 287.705.287.703.

 

     (j) "Marketing agreement" means an agreement entered into,

 

with the director, by producers, distributors, processors, or

 

handlers pursuant to under this act and binding only on those

 

signing the agreement.

 

     (k) "Marketing program" means a program established by order

 

of the director pursuant to 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

 

which that the director determines would be in the public interest.

 

     (l) "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.

 

     (m) "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 $800.00 or of an amount as otherwise

 

expressly provided for in a marketing program for the agricultural

 

commodity or agricultural commodity input in any 1 growing and

 

marketing season within the last 3 years.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 6205 (request no.

 

04193'17) of the 99th Legislature is enacted into law.