AGRICULTURAL COMMODITIES MARKETING ACT
Act 232 of 1965
290.661 Referendum to determine assent of producers and processors.
Sec. 11.
(1) After recommending the adoption or amendment of a marketing program, the director shall determine by a referendum whether the affected producers assent to the proposed action. If provisions prescribed in section 3(1)(h) are part of the proposed marketing program, the director shall also determine by a referendum if processors assent to the proposed action. The director shall conduct the referendum within 45 days after the issuance of the recommendation. The affected producers shall be considered to have assented to the proposal if more than 50% by number of those voting representing more than 50% of the volume of the affected agricultural commodity produced by those voting assent to the proposal. The affected processors, if provisions prescribed in section 3(1)(h) are in the marketing program, shall be considered to have assented to the proposal if more than 50% by number of those voting representing more than 50% of the volume of the affected agricultural commodity processed by those voting assent to the proposal.
(2) A marketing program involving provisions prescribed in section 3(1)(h) shall not be instituted without assent of both the affected producers and the affected processors.
History: 1965, Act 232, Eff. Mar. 31, 1966 ;-- Am. 1978, Act 146, Imd. Eff. May 12, 1978 ;-- Am. 2002, Act 601, Imd. Eff. Dec. 20, 2002
Notes of Decisions
Dukesherer Farms, Inc v. Dir. of the Dep't of Agric., 273 N.W.2d 877 (Mich. 1979).
· cites it 2× “MCL 290.661; MSA 12.94(31). The recommended program goes into effect if either of the following conditions are met: "(a) If 66-2/3% or more by number of those voting representing 51% or more of the volume of the affected commodity produced by those voting assent to the proposal.”
Dukesherer Farms, Inc v. Dir. of the Dep't of Agric., 432 N.W.2d 721 (Mich. Ct. App. 1988).
· cites it 3× “The act itself governs the conduct of the referendum, including the necessary percentage to pass a proposal, MCL 290.661; MSA 12.94(31), and who is entitled to vote, see § 12 of the act, and includes requisite definitions, see § 2 of the act.”
Dukesherer Farms, Inc. v. Dir. of the Dep't of Agric., 251 N.W.2d 278 (Mich. Ct. App. 1977).
“” MCLA 290.661; MSA 12.94(31). Section 15 of the Act requires that adopted marketing programs include a definition of terms, statement of purpose of the program, maximum rate of assessment, method of collection, nominating procedure, qualifications, representation and size of…”
Dukesherer v. Dir. of the Dep't of Agric., 168 N.W.2d 454 (Mich. Ct. App. 1969).
· cites it 2× “Plaintiff filed this action in February, 1968, to challenge the validity of a referendum under PA 1965, No 232, § 11 (MCLA § 290.661; Stat Ann 1965 Cum Supp § 12.”
— Mich. Comp. Laws § 290.661(1) — 1 case
Dukesherer Farms, Inc v. Dir. of the Dep't of Agric., 432 N.W.2d 721 (Mich. Ct. App. 1988).
“The act itself governs the conduct of the referendum, including the necessary percentage to pass a proposal, MCL 290.661; MSA 12.94(31), and who is entitled to vote, see § 12 of the act, and includes requisite definitions, see § 2 of the act.”
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