Michigan Compiled Laws 451-1994-ii-2-85 Part 85 Fertilizers (324.8501...324.8522)

• Section 324.8501 Definitions; A To T.
  As used in this part: (a) "Adulterated product" means a product that contains any deleterious or harmful substance in sufficient amount to render it...
• Section 324.8501a Definitions; M To U.
  As used in this part: (a) "Mixed fertilizer" means a fertilizer containing any combination or mixture of fertilizer materials. (b) "Nitrogen fertilizer" means a...
• Section 324.8502 Label; Invoice.
  (1) A packaged fertilizer distributed in this state, including packaged mixed fertilizer and soil conditioner, shall have placed on or affixed to the package...
• Section 324.8503 Order And Form Of Guaranteed Analysis; Minimum Percentage Of Plant Nutrients; Additional Plant Nutrients; Other Beneficial Compounds Or Substances.
  (1) The guaranteed analysis shall show the minimum percentage of plant nutrients claimed in the following order and form: (a) Total nitrogen (N). _____%...
• Section 324.8504 License To Manufacture Or Distribute Fertilizer; Fee; Application; Beneficial Use By-product Intended For Beneficial Use 3; Notice Of Additional Distribution Points; Exceptions; Expiration; Operation Of Business Located Outside Of State.
  (1) A person shall not manufacture or distribute fertilizer in this state, except specialty fertilizer and soil conditioners, until the appropriate water quality protection...
• Section 324.8505 Distribution Of Specialty Fertilizer Or Soil Conditioner; Registration; Application; Labels To Accompany Application; Beneficial Use By-product Intended For Beneficial Use 3; Copy Of Registration Approval; Expiration; Fees; Labeling Blended Soil Conditioners; Operation Of Business Located Outside Of State.
  (1) A person shall not distribute a specialty fertilizer or soil conditioner unless it is registered with the department. An application for registration listing...
• Section 324.8506 Inspection Fee; Tonnage Reports As Basis Of Payment; Waiver; Penalty; Unpaid Fees And Penalties As Basis Of Judgment; Responsibility For Reporting Tonnage And Paying Inspection Fee; Deposit Of Money Collected.
  (1) An inspection fee of 35 cents per ton shall be paid to the department for all fertilizers or soil conditioners sold or distributed...
• Section 324.8506a Audits.
  The director may conduct audits to determine compliance with this part. In conducting audits under this part, the director may contract for the performance...
• Section 324.8507 Records; Disclosure Of Information.
  (1) Each licensee and registrant shall maintain for a period of 3 years a record of quantities and grades of fertilizer and soil conditioner...
• Section 324.8508 Construction And Application Of Part.
  (1) This part does not require the payment of inspection fees for sales or exchanges of fertilizers or soil conditioners between manufacturers who mix...
• Section 324.8509 Prohibitions.
  A person shall not do any of the following: (a) Sell or distribute fertilizer or soil conditioner in violation of the requirements of this...
• Section 324.8510 Inspecting, Sampling, And Analyzing Fertilizer And Soil Conditioners; Methods; Rules; Access To Premises; Stopping Conveyances; Submission Of Information To Department; Confidentiality.
  (1) The director shall inspect, sample, and analyze fertilizers and soil conditioners distributed within this state at a time and place and to the...
• Section 324.8511 Selection Of Sample From Package Or Bulk Lot For Comparison With Label; Order To Cease And Desist; Seizing, Or Stopping Sale Of, Fertilizer Or Soil Conditioner; Conditions; Filing Action With Court.
  (1) The director, by a duly authorized agent, may select from any package or bulk lot of commercial fertilizer or soil conditioner exposed for...
• Section 324.8512 Nitrates In Groundwater Exceeding Certain Limits Associated With Aquifer Sensitivity Or Fertilizer Use; Educational Materials Provided To Fertilizer Users; Authority Of Department Director; Eligibility Of Regional Stewardship To Receive Certain Grants; Authorization To Land-apply Materials Containing Fertilizers At Agronomic Rates.
  (1) Upon confirming the presence of nitrate in groundwater in concentration exceeding 50% of the maximum contaminant level for nitrates in 20% of drinking...
• Section 324.8512b Fertilizer Containing Phosphate; Application To Turf; Requirements.
  (1) Except as provided in subsection (2), (3), (4), or (5), a person shall not apply to turf a fertilizer labeled as containing the...
• Section 324.8512f Release Of Fertilizer On Impervious Turf; Application Of Fertilizer On Frozen Or Saturated Turf.
  (1) A person who releases fertilizer on an impervious surface shall do both of the following: (a) Promptly contain the fertilizer. (b) Either legally...
• Section 324.8512g Residential Uses Of Phosphorus; Consumer Information On Use Restrictions And Recommended Best Practices.
  The department, in consultation with the fertilizer industry representatives, fertilizer retailers, statewide environmental organizations, lake groups, and other interested parties, may approve consumer information...
• Section 324.8512h Fertilizer Advisory Committee; Membership; Terms; Removal; Vacancy; Meetings; Quorum; Duties; Meetings Subject To Open Meetings Act; "Committee" Defined.
  (1) The fertilizer advisory committee is created within the department. The committee shall be composed of the following members: (a) The director of the...
• Section 324.8513 Rules; Bulk Storage Of Fertilizers; Exemption.
  (1) The department may promulgate rules regarding the bulk storage of fertilizers. (2) If storage of a material used as a beneficial use by-product...
• Section 324.8514 Fertilizer Control Fund; Creation; Deposits; Money Remaining In Fund; Lapse; Expenditures; Grants To Local Government Agencies, Institutions Of Higher Education, Or Nonprofit Organizations; Notice To Legislature.
  (1) The fertilizer control fund is created within the state treasury. (2) The state treasurer shall receive for deposit in the fund all fees,...
• Section 324.8515 Revocation Or Refusal Of License Or Registration; Grounds; Hearing; Exception For Refusal To Sell Ammonium Nitrate Fertilizer.
  (1) The director of the department may revoke the license of a manufacturer or distributor or the registration of a fertilizer product or soil...
• Section 324.8516 Enforcement; Rules.
  The director of the department shall enforce this part and may promulgate rules. History: Add. 1995, Act 60, Imd. Eff. May 24, 1995 Popular...
• Section 324.8517 Local Ordinance, Regulation, Or Resolution; Preemption; Adoption; Enforcement; Identification Of Unreasonable Adverse Effects; Local Public Meeting; Contract By Director With Local Government; Compliance With Training And Enforcement Requirements; Application Of Fertilizer Containing Phosphate.
  (1) Except as otherwise provided in this section, this part preempts any local ordinance, regulation, or resolution that would duplicate, extend, or revise in...
• Section 324.8518 Ammonium Nitrate Fertilizer; Storage Methods; Information To Be Obtained By Retailers; Records; Refusal Of Retailer To Sell.
  (1) A retailer shall secure at all times ammonium nitrate fertilizer to provide reasonable protection against vandalism, theft, or unauthorized access. Secured storage includes,...
• Section 324.8519 Hearing; Request.
  A person aggrieved by an order issued pursuant to this part may request a hearing pursuant to the administrative procedures act of 1969, 1969...
• Section 324.8520 Violations; Penalties; Remedies; Injunctive Action; Civil Action; Defenses; Liability For Damages; Applicability Of Provisions Of Revised Judicature Act.
  (1) A person who violates or attempts to violate this part or rules promulgated under this part is subject to the penalties and remedies...
• Section 324.8521 Penalties And Sanctions; Exceptions.
  The penalties and sanctions provided for violations of this part do not apply to any of the following: (a) A commercial carrier while lawfully...
• Section 324.8522 Finding Of Probable Cause.
  A court shall not allow the recovery of damages by a person against whom an administrative action was brought resulting in an order stopping...

Last modified: October 10, 2016