Introduced House Bill (H)

Authored by

DIGEST

Doing business or marketing as a cooperative. Provides that it is unlawful for a business entity that is not a cooperative or mutual entity to do the following: (1) Use the terms "cooperative", "co-op", or "mutual" or any derivative of those terms in a business entity name if the use of the term would create a substantial likelihood of misleading the public by implying that the business entity is a cooperative or mutual entity. (2) Advertise or represent the business entity to the public, its customers, or prospective customers as a cooperative or mutual entity or as an entity operating Doing business or marketing as a cooperative. Provides that it is unlawful for a business entity that is not a cooperative or mutual entity to do the following: (1) Use the terms "cooperative", "co-op", or "mutual" or any derivative of those terms in a business entity name if the use of the term would create a substantial likelihood of misleading the public by implying that the business entity is a cooperative or mutual entity. (2) Advertise or represent the business entity to the public, its customers, or prospective customers as a cooperative or mutual entity or as an entity operating on a cooperative or mutual basis. Defines the term "cooperative or mutual entity". Requires the department of agriculture to regulate the use of the terms "cooperative", "co-op", and "mutual" and any derivative of those terms. Authorizes the revocation of a retail merchant's certificate and the use of civil penalties, administrative dissolution by the secretary of state, and administrative orders to enforce the restrictions on the use of the terms "cooperative", "co-op", and "mutual" and any derivative of those terms. Provides for judicial review of the proceedings of the department of agriculture and the secretary of state. Specifies that certain cooperative or mutual entities are not subject to the enforcement provisions of the bill. Provides that certain enforcement actions of the department of agriculture are not subject to the administrative orders and procedures act. ... View more