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WAM S06438'26_SB1004_INTR_1 a647dz
SENATE BILL NO. 1004
A bill to amend 1972 PA 344, entitled
"Agricultural marketing and bargaining act,"
by amending section 4 (MCL 290.704), as amended by 2012 PA 119.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) Producers of agricultural commodities may join 1
together voluntarily in associations as authorized by law without 2
interference by handlers. A handler shall not engage or permit an 3
employee or agent to engage in any of the following practices: 4
(a) To coerce a producer in the exercise of his or her the 5
producer's right to join and belong to or to refrain from joining 6
May 21, 2026, Introduced by Senators MCBROOM, DALEY, LAUWERS, SANTANA and
VICTORY and referred to Committee on Natural Resources and Agriculture.
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WAM S06438'26_SB1004_INTR_1 a647dz
or belonging to an association or to refuse to deal with a producer 1
because of the exercise of his or her the producer's right to join 2
and belong to an association except as provided in section 15. 3
(b) To discriminate against a producer with respect to price, 4
quantity, quality, or other terms of purchase, acquisition, or 5
other handling of agricultural products because of his or her the 6
producer's membership in or contract with an association. 7
(c) To coerce or intimidate a producer to breach, cancel, or 8
terminate a membership agreement or marketing contract with an 9
association or a contract with a handler. 10
(d) To pay or loan money, give anything of value, or offer any 11
other inducement or reward to a producer for refusing or ceasing to 12
belong to an association. 13
(e) To make or circulate unsubstantiated reports about the 14
finances, management, or activities of associations or handlers. 15
(f) To conspire, combine, agree, or arrange with any other 16
person to do engage in, or aid or abet the doing of any practice 17
which is in violation of that violates this act. 18
(g) To refuse to bargain with an accredited association with 19
whom the handler has had prior dealings or with an accredited 20
association whose producers in the bargaining units have had 21
substantial dealing with the handler prior to before the 22
accreditation of the association. 23
(h) To negotiate with a producer included in the bargaining 24
unit after an association is accredited. 25
(2) An association shall not engage or permit an employee or 26
agent to engage in any of the following practices: 27
(a) To enter into a contract that discriminates against a 28
producer represented by an accredited association regardless of 29
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whether or not he or she the producer is a member producer. 1
(b) To act in a manner contrary to the bylaws of the 2
association. 3
(c) To refuse to bargain with a handler with whom the 4
accredited association has had prior dealing or with whom its 5
producers have had substantial dealing prior to before the 6
accreditation of the association. 7
(d) To coerce or intimidate a handler to breach, cancel, or 8
terminate a membership agreement or marketing contract with an 9
association or a contract with a producer. 10
(e) To make or circulate unsubstantiated reports about the 11
finances, management or activities of other associations or 12
handlers. 13
(f) To conspire, combine, agree, or arrange with any other 14
person to do engage in or aid or abet the doing of any practice 15
that is in violation of violates this act. 16
(g) To hold the money of the association's members for more 17
than 10 years after the date of the association's receipt of the 18
money. As of the effective date of the amendatory act that added 19
this subdivision, an association that is in violation of this 20
subdivision before the effective date of the amendatory act that 21
added this subdivision has 2 years after the effective date of the 22
amendatory act that added this subdivision to return the money to 23
the association's members. 24
(3) For the purpose of enforcing this act, the department may 25
receive sworn complaints with respect to violations or threatened 26
violations. The department may make all necessary investigations, 27
examinations, or inspections of any violation or threatened 28
violation specified in the a sworn complaint filed with the 29
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WAM S06438'26_SB1004_INTR_1 a647dz
department. If, upon an on investigation, the department considers 1
that there is reasonable cause to believe that a person charged has 2
committed an unfair practice, the department shall issue and cause 3
to be served a complaint upon on the person in accordance with the 4
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 5
24.328. The complaint shall must summon the person to a hearing 6
before the department or a hearing officer at the time and place 7
provided in the complaint. 8
(4) If, upon on a preponderance of the evidence, the 9
department determines that the person complained of has committed 10
an unfair practice, the department shall state its the department's 11
findings of fact and shall issue and cause to be served on the 12
person complained of an order requiring him or her the person to 13
cease the violation and shall order further affirmative action as 14
will to effectuate the policies of this act. 15
(5) If, upon on a preponderance of the evidence, the 16
department is of the opinion that the person complained of has not 17
committed an unfair practice, the department shall make its state 18
the department's findings of fact and issue an order dismissing the 19
complaint. 20
(6) Until the record in a case has been filed in a court, as 21
provided in this act, the department, at any time upon on 22
reasonable notice and in such manner as the department considers 23
proper, may modify or set aside, in whole or in part, any finding 24
or order made or issued by the department. 25
(7) The department shall determine whether the expense of the 26
proceedings shall must be borne by any person found to have 27
committed a practice in violation of this section. 28