The Michigan Department of Agriculture and Rural Development administers licenses to all wholesale potato dealers who buy potatoes in wholesale lots directly from a Michigan grower or grower cooperative or who sells or handles those potatoes in wholesale lots for the purpose of processing or resale to other wholesale potato dealers, retailers, restaurants, hotels, institutions, or hospitals under the authority of Wholesale Potato Dealers Act 158 of 1964.

A. NAME OF PERMIT OR APPROVAL:

Wholesale Potato Dealer License Application (Form PI-216) This form is available on MDARD's website.

http://www.michigan.gov/documents/MDA_application_5469_7.pdf.

B. STATUTORY AUTHORITY:

Wholesale Potato Dealers Act 158 of 1964.

http://www.legislature.mi.gov/documents/mcl/pdf/mcl-Act-158-of-1964.pdf

C. APPLICABLE REGULATION:

No administrative rules.

D. SUMMARY OF PERMIT/APPROVAL PROCESS:

 1.  Applicability (activities that require the license)

Anyone who buys potatoes in wholesale lots directly from a Michigan grower or grower cooperative or who sells or handles those potatoes in wholesale lots for the purpose of processing or resale to other wholesale potato dealers, retailers, restaurants, hotels, institutions, or hospitals.

Who is exempt from licensing?

Growers or grower cooperatives that buy or receive only seed potatoes from another grower or grower cooperative's own planting.Wholesale potato dealers who do not sell or handle potatoes in wholesale lots for the purpose of processing or resale to other wholesale potato dealers, retailers, restaurants, hotels, or institutions and who buys an aggregate amount of less than 30,000 pounds of potatoes during each calendar month of a calendar year are also exempt from the act for the following calendar year.

 2.  Pre-Application Requirements

a) Complete application Wholesale Potato Dealer license application Form PI-216

http://www.michigan.gov/documents/MDA_application_5469_7.pdf MDARD

b) Surety or lending institute must complete either http://www.michigan.gov/documents/MDA_irrevocletterofcredit_5471_7.pdf Letter of Credit (PI-221)]

or

http://www.michigan.gov/documents/MDA_Bond_5474_7.pdf Bond Form (PI-215)

c) Mail the completed license application, a letter of credit or letter of bond and the licensing fee before June 1 of each year.

 3.  Application Submission Requirements

Annual submittal by June 1 of each year on the application form, letter of credit or bond and the Licensing fee $100.00, Each certified copy of license $5.00, Agent/Buyer identification card $5.00.

 4.  Procedures and Time-Frame for Obtaining Permit or Approval

Submittal of all required registration information on forms provided by MDARD.

Submittal is to be made to the PPPM division of the MDARD by June 1, 2008.

It generally takes about 30 days from submission of an application to process and issue license.

 5.  Operational Requirements

Completely fill out license application.

Attach copy of bond or letter of credit.

Keep accurate records of all transactions, for a minimum of three years.

 6.  Fees

Licensing fee $100.00

Each certified copy of license $5.00

Agent/Buyer identification card $5.00

 7.  Appeal Process

A wholesale potato dealer aggrieved by the decision of the director may appeal from the decision within 10 calendar days after issuance of the order by leave to the circuit court of the county where the wholesale potato dealer resides. The wholesale potato dealer shall notify the director in writing if he or she files an appeal.If the wholesale potato dealer does not comply with the order within 15 days after issuance, the director shall demand payment from the surety or draw upon the irrevocable letter of credit in amount neccessary to satisfy the claims determined due. If the amount of the surety bond or irrevocable letter of credit is insufficient to satisfy the allowed claims, the director may bring action against seized assets of the wholesale potato dealer to further satisfy the amount of claims. If less than the total amount of the claims is obtained, distribution shall be made pro rata to the claimants.

 8.  Public Input Opportunities

A grower shall file a claim with the director within 90 days after any of the following events: default by wholesale potato dealer, suspension or revocation of the license of the wholesale potato dealer, ceasing of business of wholesale potato dealer. To obtain the most current list of dealers, click on Michigan Licensed Wholesale Potato Dealers

E. Contact Information:

Contact Us

Creation/Revision Date:

09/01/2010