Michigan Laws 290.708 – Request for accreditation; contents; fee; report
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Terms Used In Michigan Laws 290.708
- Agricultural commodity: means all perishable fruits and vegetables as defined by the department. See Michigan Laws 290.702
- 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
- Department: means the department of agriculture and rural development. See Michigan Laws 290.702
- 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.
- 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 290.702Member: 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 Person: means an individual, partnership, corporation, or association. See Michigan Laws 290.702 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
(1) An association desiring accreditation shall file with the department a written request for accreditation in the form as required by the department. The request shall contain properly certified evidence that the association meets the standards for accreditation and shall be accompanied by a report of the names and addresses of members, the name of each handler to whom the member delivered or contracted to deliver the agricultural commodity during the previous 2 marketing periods, and the quantity delivered. A fee to cover the costs of the department in processing the request shall be established by rule and paid by the association when the request is filed.
(2) The department may require all handlers of an agricultural commodity produced in the bargaining unit area as individuals or through their trade association to file with the department, within 30 days following a request, a properly certified report, showing the correct names and addresses of all producers of the agricultural commodity who have delivered the agricultural commodity to the handler during the 2 marketing periods preceding the filing of the report and the quantities of the agricultural commodity received by the handler from each named producer during the periods. The information contained in the individual reports of handlers filed with the department shall not be made public by the department nor shall it be made available to any person for private use.