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