Michigan Laws 290.720 – Joint settlement committee; decision; basis
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Terms Used In Michigan Laws 290.720
- Agricultural commodity: means all perishable fruits and vegetables as defined by the department. See Michigan Laws 290.702
- 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 290.702Producer: 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 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.
The joint settlement committee shall base its decision upon the following factors:
(a) Prices or projected prices for the agricultural commodity paid by competing handlers in the market area or competing market areas.
(b) Amount of the commodity produced or projections of production in the production area or competing marketing areas.
(c) Relationship between the quantity produced and the quantity handled by the handler.
(d) The producer‘s cost of production including the cost which would be involved in paying farm labor a fair wage rate.
(e) The average consumer prices for goods and services, commonly known as the cost of living.
(f) The impact of the award on the competitive position of the handler in the marketing area or competing areas.
(g) The impact of the award on the competitive position of the agricultural commodity in relationship to competing commodities.
(h) A fair return on investment.
(i) Kind, quality, or grade of the commodity involved.
(j) Stipulation of the parties.
(k) Such other factors which are normally or traditionally taken into consideration in determining prices, quality, quantity, and the costs of other services involved.