2010 Michigan Compiled Laws
Chapter 290 - WEIGHTS, MEASURES, AND STANDARDS
Act 29 of 1970 - STATE POTATO INDUSTRY COMMISSION (290.421 - 290.430)
Section 290.424 - Assessment on growers and shippers; rate; exemption; shipper application and certificate; records; inspection; reports; payment of assessment by shipper.

Sec. 4.

(1) An assessment at the rate of 1 cent per hundredweight on potatoes grown in the state shall be levied upon each particular lot or quantity of potatoes and imposed upon each grower and each shipper within this state as provided by this act. The commission may, by a majority vote, raise the assessment by as much as an additional 1/2 cent per hundredweight. The increased assessment shall be continued if it is approved by a majority vote of those growers and shippers present at the next annual meeting.

(2) In addition to the assessment imposed in subsection (1), an additional assessment may be imposed upon growers upon the recommendation of the commission and the conduct of a referendum in compliance with section 8(3) through (5).

(3) Each grower shall pay the grower assessment on all potatoes grown in the state by the grower. The shipper shall deduct the grower assessment from money due the grower and remit the grower assessment to the commission. In addition, each shipper shall pay to the commission the shipper assessment on all potatoes purchased, sold, or shipped in the state by the shipper.

(4) The assessment shall not be imposed upon potatoes retained by a grower and used for the grower's own seed purposes or own home consumption.

(5) Every shipper of potatoes shall file an application with the commission on forms prescribed and furnished by the commission which shall contain the name under which the shipper is transacting business within the state, the place or places of business and location of loading and shipping places and agents of the shipper, the names and addresses of the persons constituting a firm or partnership and, if a corporation, the corporation name and the names and addresses of its principal officers and agents within the state. The commission shall issue a certificate to the shipper and a shipper shall not sell or ship potatoes until the certificate is furnished as required by this section.

(6) Each shipper and grower shall keep as a part of his or her permanent records, a record of all purchases, sales, and shipments of potatoes, which records shall be open for inspection at all times. Each shipper and grower shall file a report with the commission stating the quantity of potatoes received, sold, or shipped by him or her, on forms to be furnished by the commission. The report to be prepared by each shipper shall be due not later than 15 days after the end of the calendar quarter. The report to be prepared by each grower shall be due not later than July 15 of each year. Both shippers and the growers shall report further pertinent information as the commission prescribes. With the filing of the report, each shipper shall pay to the commission the assessment provided by this act.

History: 1970, Act 29, Imd. Eff. June 10, 1970 ;-- Am. 1972, Act 292, Imd. Eff. Oct. 30, 1972 ;-- Am. 1976, Act 13, Imd. Eff. Feb. 20, 1976 ;-- Am. 1980, Act 304, Imd. Eff. Nov. 26, 1980 ;-- Am. 1996, Act 99, Imd. Eff. Mar. 5, 1996