285.32a “Farm product” defined; permissive grading system; compliance with MCL 289.701 et seq. and MCL 290.601 et seq.

301 words·~1 min read·/mi/chapter-285/285-32a

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Sec. 2a.

(1)For purposes of this section and sections 2b and 2c, "farm product" means fresh fruit or vegetables.

(2)The director of markets shall not impose any mandatory system of grading on a farm product subject to this act. However, a person producing, distributing, or selling a farm product may identify a farm product as conforming to a grade or grading system if either of the following conditions are met:

(a)The grade or grading system conforms with either of the following:

(i)The standards established by the secretary of the United States Department of Agriculture.

(ii)The standards described in section 2b.

(b)The grade or grading system used by the person has been approved by the department of agriculture as at least comparable to the grading system described in section 2b and has been registered with the department.

(3)The permissive grading system provided by this section and sections 2b and 2c does not apply to table stock potatoes subject to Act No. 220 of the Public Acts of 1929, as amended, being sections 290.151 to 290.162 of the Michigan Compiled Laws.

(4)A person who identifies a farm product according to the permissive grading system provided in this section and sections 2b and 2c shall comply, in addition, with all of the applicable labeling requirements of the Michigan food law of 1968, Act No. 39 of the Public Acts of 1968, being sections 289.701 to 289.727 of the Michigan Compiled Laws, and the weights and measures act of 1964, Act No. 283 of the Public Acts of 1964, being sections 290.601 to 290.634 of the Michigan Compiled Laws.

History: Add. 1985, Act 83, Imd. Eff. July 5, 1985