Michigan Compiled Laws 451-1994-ii-2-83 Part 83 Pesticide Control (324.8301...324.8336)

• Section 324.8301 Meanings Of Words And Phrases.
  For the purposes of this part, the words and phrases defined in sections 8302 to 8306 have the meanings ascribed to them in those...
• Section 324.8302 Definitions; A To C.
  (1) "Active ingredient" means an ingredient that will prevent, destroy, repel, or mitigate pests, or that will act as a plant regulator, defoliant, or...
• Section 324.8303 Definitions; D To G.
  (1) "Day care center" means a facility, other than a private residence, receiving 1 or more preschool or school-age children for care for periods...
• Section 324.8304 Definitions; I To M.
  (1) “Inert ingredient” means an ingredient that is not active. (2) “Ingredient statement” means: (a) A statement of the name and percentage of each...
• Section 324.8305 Definitions; N To P.
  (1) “Nematode” means invertebrate animals of the phylum nemathelminthes and class nematoda, which are unsegmented roundworms with elongated, fusiform, or sac-like bodies covered with...
• Section 324.8306 Definitions; R To W.
  (1) “Registered applicator” means an individual who is authorized to apply general use pesticides for a private or commercial purpose as provided in this...
• Section 324.8307 Repealed. 2002, Act 418, Imd. Eff. June 5, 2002.
  Compiler's Notes: The repealed section pertained to procedures for registration of pesticides.Popular Name: Act 451Popular Name: NREPA
• Section 324.8307a Pesticide; Distribution, Sale, Exposure, Or Offer For Sale; Registration Required.
  (1) Every pesticide distributed, sold, exposed, or offered for sale in this state shall be registered with the director pursuant to this part. The...
• Section 324.8307b Maintenance Of Registration; Renewal; Discontinuing Registration.
  (1) A pesticide that has been registered with the department must continue to be registered as long as the pesticide remains in the channels...
• Section 324.8307c Registration Of Pesticide; Exception.
  Registration is not required under this part if a pesticide is shipped from 1 plant or warehouse to another plant or warehouse operated by...
• Section 324.8307d Prohibited Claims.
  (1) No person who uses, distributes, exposes, or offers to sell a pesticide shall make claims that the pesticide can be used on sites...
• Section 324.8307e Registration For Special Local Needs.
  To register a pesticide for special local needs pursuant to section 24(c) of FIFRA, 7 U.S.C. 136v, or the regulations promulgated under that section,...
• Section 324.8307f Information Requirements.
  (1) Upon the director's request, a person who has registered a pesticide shall provide the information necessary to determine its mobility in the environment...
• Section 324.8308 Powers Of Director; Audits.
  (1) The director may do all of the following: (a) Issue an experimental permit to a person applying for that permit if the director...
• Section 324.8309 Refusing, Canceling, Or Suspending Registration; Circumstances.
  The director may refuse to register or may cancel or suspend registration of a pesticide if any of the following circumstances exist: (a) The...
• Section 324.8310 Restricted Use Pesticide Dealer's License; Examination; Operation Of Business Located Outside Of State; Sales Records; Summary Form Of Information; Sale Or Distribution Of Restricted Use Pesticide; Denial, Suspension, Or Revocation Of License; Maintenance And Submission Of Certain Records; Confidentiality Of Information; Report.
  (1) A person shall not engage in distributing, selling, or offering for sale restricted use pesticides to the ultimate user except as authorized under...
• Section 324.8310a Agricultural Pesticide Dealer's License; Distribution, Sale, Or Offer For Sale; Applicant As Person In Charge; Form; Information To Be Provided; Out-of-state Business Location; Report; Denial, Suspension, Or Revocation Of License; Exemption From Requirements Of Subsection (1).
  (1) A person that is not licensed under section 8310 shall not engage in distributing, selling, or offering for sale agricultural pesticides except as...
• Section 324.8311 Certification And Other Requirements; Identification; Records Of Certified Commercial Applicator; Submission Of Summary To Director; Supervision; Following Recommended And Accepted Good Practices; Governmental Agencies Subject To Part And Rules.
  (1) A person shall not use a restricted use pesticide without first complying with the certification requirements of this part. (2) A person is...
• Section 324.8312 Certified Applicator; Completion Of Certification Requirements; Application For Certified Applicator Certificate; Fee; Issuance Of Certificate; Restrictions; Grounds For Refusal To Issue Or Renew Certificate; Denying, Revoking, Or Suspending Certificate; Reasons For Denial; Display Of Certificate.
  (1) To become a certified applicator, an applicant must satisfactorily complete the certification requirements prescribed by the director and categorized according to the various...
• Section 324.8313 Commercial Applicator; License Required; Qualifications; Form And Contents Of Application; Fee; Proof Of Financial Responsibility; Restriction; Grounds For Refusal To Issue Or Renew License; Denying, Revoking, Or Suspending License; Reasons For Denial; Allowable Pesticides; Limitations; Operation Of Business Located Outside Of State.
  (1) Commercial applicators that hold themselves out to the public as being in the business of applying pesticides shall obtain a commercial applicator license...
• Section 324.8314 Commercial Application Of Pesticide; Certified Or Registered Applicator; Qualifications; Temporary Registration; Fee; Program Completion Form; Authorized Applications; Exemption; Displaying Registration Certificate; Training Program; Denial, Revocation, Or Suspension Of Certification Or Registration; Documents And Forms.
  (1) A person shall not apply a pesticide for a commercial purpose or in the course of his or her employment unless that person...
• Section 324.8315 Aerial Application Of Pesticides; Requirements.
  (1) A private agricultural applicator or a commercial applicator, in addition to complying with the other requirements of this part, shall meet 1 or...
• Section 324.8316 Notice Of Pesticide Application At School Or Day Care Center.
  (1) Beginning 1 year after the effective date of the amendatory act that added this subsection, a person shall not apply a pesticide in...
• Section 324.8317 Fees; Certificate; License; Registration; Validity; Duration; Expiration; Fees Nonrefundable; Waiver; Deposit.
  (1) An application submitted under this part shall be accompanied by the following application fee: (a) For a commercial applicator certification, $75.00. (b) For...
• Section 324.8318 Repealed. 2007, Act 78, Imd. Eff. Sept. 30, 2007.
  Compiler's Notes: The repealed section pertained to establishment of pesticide control fund.
• Section 324.8319 Exemptions; Supervision By Allopathic Or Osteopathic Physician Or Doctor Of Veterinary Medicine.
  (1) The certification and registration of applicators and licensing requirements do not apply to any of the following: (a) Employees of a certified private...
• Section 324.8320 Reciprocal Agreements.
  The director may enter into reciprocal agreements with other states or federal agencies for the purpose of accepting certification or registration required for pesticide...
• Section 324.8321 Responsibility For Damage Resulting From Misuse Of Pesticides; Filing Claim For Damages; Inspection Of Damages; Collection Of Samples; Effect Of Failure To File Report.
  (1) A certificate or license issued by the director does not exonerate the holder from responsibility for damage resulting from misuse of pesticides, such...
• Section 324.8322 Additional Powers Of Director; Preliminary Order; Program On Pesticide Container Recycling And Disposal.
  (1) The director may do all of the following: (a) Declare as a pest any form of plant or animal life, except viruses, nematodes,...
• Section 324.8323 Confirmation Of Groundwater Contamination; Duties Of Director; Development Of Activity Plan By Person Responsible For Contamination; Approval Or Rejection By Director; Continuation Of Certain Activities; Order To Cease Or Modify Activities; Hearing.
  (1) Upon confirming contamination of groundwater by a pesticide pursuant to part 87 at a single location, the director shall do all of the...
• Section 324.8324 Groundwater Protection Rules.
  (1) The director shall promulgate a groundwater protection rule that defines the scope and region of implementation of the rule if any of the...
• Section 324.8325 Rules.
  (1) The director shall promulgate rules for implementing this part, including, but not limited to, rules providing for the following: (a) The collection, examination,...
• Section 324.8326 Pesticide Advisory Committee; Creation; Appointment, Qualifications, And Terms Of Members; Vacancies; Meetings; Quorum; Duties And Responsibilities; Meetings Open To The Public.
  (1) A pesticide advisory committee is created within the department. The committee shall be composed of the following members: (a) The director. (b) The...
• Section 324.8327 Order To Cease Use Of, Or To Refrain From Intended Use Of, Pesticide; Effect Of Noncompliance; Inspection; Rescission Of Order.
  (1) When the director has probable cause to believe that an applicator is using or intending to use a pesticide in an unsafe or...
• Section 324.8328 Local Governments; Powers.
  (1) Except as otherwise provided in this section, it is the express legislative intent that this part preempt any local ordinance, regulation, or resolution...
• Section 324.8329 Order To Stop Prohibited Conduct; Proceeding In Rem For Condemnation; Disposition Of Pesticide Or Device; Award Of Court Costs, Fees, Storage, And Other Expenses.
  (1) When the director has reasonable suspicion that a pesticide or device is distributed, stored, transported, offered for sale, or used in violation of...
• Section 324.8330 Containers; Labels; Colored Or Discolored Pesticides; Handling, Storage, Display, Or Transportation Of Pesticides; Adding Or Taking Substance From Pesticide; Filing And Inspection Of Shipping Data.
  (1) Pesticides distributed, transported, sold, or exposed or offered for sale in this state shall be in the registrant's or manufacturer's unbroken immediate container...
• Section 324.8331 False Information; Resisting, Impeding, Or Hindering Director.
  A person shall not give false information in a matter pertaining to this part, or resist, impede, or hinder the director or his or...
• Section 324.8332 Hearings.
  A person aggrieved by an order issued pursuant to this part may request a hearing pursuant to the administrative procedures act of 1969, Act...
• Section 324.8333 Violation; Administrative Fine; Warning; Action To Recover Fine; Misdemeanors; Injunction; Action By Attorney General; Compliance As Affirmative Defense; Gross Negligence; Applicability Of Revised Judicature Act.
  (1) A person who violates this part is subject to the penalties and remedies provided in this part regardless of whether he or she...
• Section 324.8334 Exemptions From Penalties.
  The penalties provided for violations of this part do not apply to any of the following: (a) A carrier while lawfully engaged in transporting...
• Section 324.8335 Probable Cause As Precluding Recovery Of Damages.
  A court shall not allow the recovery of damages from an administrative action taken or an order stopping the sale or use or requiring...
• Section 324.8336 Effect Of Part On Other Civil Or Criminal Liability; Act Or Omission Occurring Before June 25, 1976.
  (1) This part does not terminate or in any way modify any liability, civil or criminal, which is in existence on June 25, 1976....

Last modified: October 10, 2016