Michigan Laws > Chapter 750 > Act 328 of 1931 > Chapter VI – Advertising
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Michigan Laws > Chapter 750 > Act 328 of 1931 > Chapter VI - Advertising
- AASSPs: means anhydrous ammonia safety and security practices established by the commission under section 5. See Michigan Laws 286.773
- 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
- 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
- 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 solicits, takes orders, or sells nursery stock in this state for a grower or dealer of nursery stock, but not on the premises or place of business of the grower or dealer of nursery stock. See Michigan Laws 286.202
- 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
- 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.
- 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
- 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.
- Appraisal: A determination of property value.
- 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
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
- 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.
- 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.
- Bees: means any life stage of the common honey bee, Apis mellifera L. See Michigan Laws 286.801
- 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.
- 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
- 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 285.62Certified seed: means a class of seed that meets the requirements of 1959 PA 221, MCL 286. See Michigan Laws 286.682 Certifying authority: means the official seed-certifying agency of this state or the authorized seed potato certifying agency of another state, territory, or country. See Michigan Laws 286.682 Commission: means the commission of agriculture. See Michigan Laws 286.773 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 Contract: A legal written agreement that becomes binding when signed. Controlling the pollination: means a method of hybridization that will produce pure seed that is at least 75% hybrid seed. See Michigan Laws 286.702 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 Cultivar: means unique variety. See Michigan Laws 286.682 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Department: means the department of agriculture. See Michigan Laws 285.62 Department: means the department of agriculture and rural development. See Michigan Laws 286.202 Department: means the department of agriculture and rural development. See Michigan Laws 286.682 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 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 285.62Devise: To gift property by will. Director: means the director of the department or his or her designee. See Michigan Laws 285.62 Director: means the director of the department or an employee of the department authorized by the director. See Michigan Laws 286.202 Director: means the director of labor or any person authorized to act in his behalf. See Michigan Laws 286.651 Director: means the director of the department. See Michigan Laws 286.682 Director: means director of the department of agriculture and rural development or his or her authorized representative. See Michigan Laws 286.702 Director: means the director of the department of agriculture. See Michigan Laws 286.801 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: Distribute: means to offer for sale, sell, barter, deliver, supply, furnish, or otherwise provide seed potatoes. See Michigan Laws 286.682 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 Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC 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 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. 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 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:
(i) Engaging or participating in the business of purchasing farm produce. See Michigan Laws 285.62Farm 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 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 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 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 Fraud: Intentional deception resulting in injury to another. 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 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. 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 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 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 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 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 Licensed person: means an individual who is licensed or otherwise legally authorized to practice a professional service by a court, department, board, commission, or agency of this state or another jurisdiction. See Michigan Laws 450.1282 Licensee: means a grain dealer licensed under this act. See Michigan Laws 285.62 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 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: The written agreement pledging property to a creditor as collateral for a loan. 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 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 nurseryman: means a person owning, leasing, managing, or in charge of a nursery. See Michigan Laws 286.202 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. 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. 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 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: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l 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 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 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. 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 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 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 Professional service: means a type of personal service to the public that requires that the provider obtain a license or other legal authorization as a condition precedent to providing that service. See Michigan Laws 450.1282 Property: means real estate, personal property, and any thing or substance connected with real estate or personal property whether or not it has value. See Michigan Laws 286.202 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 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 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). Representative sample: means a sample taken from a seed lot that is of sufficient size to supply an adequate amount of seed for laboratory testing and that is secured and submitted according to the guidelines approved by the director. See Michigan Laws 286.702 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 reviewed: means performing inquiry and analytical procedures that provide an accountant with a reasonable basis for expressing limited assurance that there are no material modifications that should be made to the statement for it to conform with generally accepted accounting principles. See Michigan Laws 285.62 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 seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nSeed 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 Seed potato: means the tuber that is used for the reproduction of the potato. 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. 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 Subpoena: A command to a witness to appear and give testimony. Testimony: Evidence presented orally by witnesses during trials or before grand juries. 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 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 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 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 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 Vendor: means a person engaged in the selling of seed. 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 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