March 25, 2015, Introduced by Rep. Lauwers and referred to the Committee on Appropriations.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 8307a, 8310, 8310a, 8312, 8313, 8317, 8504,
8505, and 8506 (MCL 324.8307a, 324.8310, 324.8310a, 324.8312,
324.8313, 324.8317, 324.8504, 324.8505, and 324.8506), section
8307a as added and sections 8312 and 8313 as amended by 2002 PA
418, section 8310 as amended and section 8310a as added by 2008 PA
18, section 8317 as amended by 2012 PA 316, sections 8504 and 8505
as amended by 2014 PA 178, and section 8506 as amended by 2006 PA
503.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8307a. (1) Every pesticide distributed, sold, exposed, or
offered for sale in this state shall be registered with the
director pursuant to this part. The registration shall be submitted
on a form provided by the director and shall be renewed annually
before July 1. The director shall not register a pesticide under
this part unless the registrant has paid all groundwater protection
fees and late fees required under part 87, registration fees under
this part, and any administrative fines imposed under this part.
(2) A pesticide is considered distributed, sold, exposed, or
offered for sale in this state when the offer to sell either
originates within this state or is directed by the offeror to
persons in this state and received by those persons.
(3) If a registrant distributes identical pesticides under
more than 1 brand name, or distributes more than 1 pesticide
formulation, each brand or formulation shall be registered as a
separate product.
(4) A registrant shall not register a pesticide that contains
a substance that is required to be registered with the department
unless that substance is also registered with the department.
(5) A pesticide registration applicant shall submit to the
director a complete copy of the pesticide labeling and the
following, in a format prescribed by the director:
(a) The name and address of the applicant and the name and
address of the person whose name will appear on the label, if other
than the applicant.
(b) The full product name of the pesticide and the EPA
registration number.
(c) Other information considered necessary by the director.
(6) The applicant shall submit a complete formula of the
pesticide proposed for registration, including the active and inert
ingredients, when requested by the director and necessary for the
director to execute his or her duties under this part. The director
shall not use any information relative to formulas of products,
trade secrets, or other information obtained under this part for
his or her own advantage or reveal such information, other than to
his or her authorized representative, the EPA, the department of
environmental quality, the department of community health, a court
of the state in response to a subpoena, a licensed physician, or in
an emergency to a pharmacist or other persons qualified to
administer antidotes.
(7) A registrant that operates from a business location
outside this state shall do either of the following:
(a) Continuously maintain in this state a registered office
and a resident agent, which agent may be an individual resident in
this state whose business office or residence is identical with the
registered office, a domestic corporation or limited liability
company, or a foreign corporation or limited liability company
authorized to transact business in this state and having a business
office identical with the registered office. The registrant shall
file with the department the name, address, and telephone number of
the resident agent and shall maintain and make available records
required by this part and part 87.
(b) Maintain and make available records required by this part
and part 87 in this state or pay all costs incurred by the
department in auditing the records at the out-of-state location.
Sec. 8310. (1) A person shall not engage in distributing,
selling, or offering for sale restricted use pesticides to the
ultimate user except as authorized under an annual license for each
place of business issued by the department pursuant to part 13.
(2) The applicant for a license under subsection (1) shall be
the person in charge of each business location. The applicant shall
demonstrate by written examination his or her knowledge of laws and
rules governing the use and sale of restricted use pesticides.
(3)
A person licensed under subsection (1) who that operates
from a business location outside this state shall continuously
maintain in this state both of the following:
(a)
A registered office .
(b)
A and a resident agent, which agent may be either an
individual resident in this state whose business office or
residence is identical with the registered office, a domestic
corporation or limited liability company, or a foreign corporation
or limited liability company authorized to transact business in
this state and having a business office identical with the
registered office. The person licensed under subsection (1) shall
file with the department the name, address, and telephone number of
the resident agent.
(b) Records required by this part and part 87, which shall be
made available to the department, or pay all costs incurred in
auditing the records at the out-of-state location.
(4) A restricted use pesticide dealer shall forward to the
director a record of all sales of restricted use pesticides on
forms provided by the director as required by rule. A restricted
use pesticide dealer shall keep copies of the records on file for 2
years. These records are subject to inspection by an authorized
agent of the director. The records shall, upon request, be supplied
in summary form to other state agencies. The summary shall include
the name and address of the restricted use pesticide dealer, the
name and address of the purchaser, the name of the pesticide sold,
and, in an emergency, the quantity sold. Information may not be
made available to the public if, in the discretion of the director,
release of that information could have a significant adverse effect
on the competitive position of the dealer, distributor, or
manufacturer.
(5) A restricted use pesticide dealer shall sell or distribute
restricted use pesticides for use only by applicators certified
under this part.
(6) The director may deny, suspend, or revoke a restricted use
pesticide dealer's license for any violation of this part or an
order issued under this part, or upon conviction under this part,
FIFRA, or a state pesticide law of a reciprocating state committed
by the dealer or the dealer's officer, agent, or employee. The
director shall inform an applicant who is denied a restricted use
pesticide dealer's license of the reasons why the license was
denied.
(7) A restricted use pesticide dealer shall maintain and
submit to the department records of all restricted use pesticide
sales to private applicators and the intended county of application
for those pesticides.
(8) Information collected in subsection (7) is confidential
business information and is not subject to the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(9)
A restricted use pesticide dealer who that distributes an
agricultural pesticide into this state shall report to the
agricultural pesticide registrant all of the following information
concerning that distribution:
(a) The product name.
(b) The EPA registration number.
(c) The amount of pesticide sold or distributed.
(d) The wholesale value of pesticide sold or distributed.
(e) The date of sale or distribution.
(f) The sales or distribution invoice number.
(g) The name and address of the consignee.
Sec.
8310a. (1) A person who that
is not licensed under
section 8310 shall not engage in distributing, selling, or offering
for sale agricultural pesticides except as authorized under an
annual license for each place of business issued by the department
pursuant to part 13.
(2) The applicant for a license under subsection (1) shall be
the individual in charge of each business location.
(3) The application for a license under subsection (1) shall
be on a form provided by the director and shall contain information
regarding the applicant's proposed operations and other information
considered pertinent by the director.
(4) A person licensed under subsection (1) who operates from a
business location outside this state shall continuously maintain in
this state both of the following:
(a)
A registered office .
(b)
A and a resident agent, which agent may be either an
individual resident in this state whose business office or
residence is identical with the registered office, a domestic
corporation or limited liability company, or a foreign corporation
or limited liability company authorized to transact business in
this state and having a business office identical with the
registered office. The person licensed under subsection (1) shall
file with the department the name, address, and telephone number of
the resident agent.
(b) Records required by this part and part 87, which shall be
made available to the department, or pay all costs incurred in
auditing the records at the out-of-state location.
(5) An agricultural pesticide dealer who distributes an
agricultural pesticide into this state shall report to the
agricultural pesticide registrant all of the following information
concerning that distribution:
(a) The product name.
(b) The EPA registration number.
(c) The amount of pesticide sold or distributed.
(d) The wholesale value of pesticide sold or distributed.
(e) The date of sale or distribution.
(f) The sales or distribution invoice number.
(g) The name and address of the consignee.
(6) The director may deny, suspend, or revoke an agricultural
pesticide dealer's license for any violation of this part or an
order issued under this part, or upon conviction under this part,
FIFRA, or a state pesticide law of a reciprocating state committed
by the dealer or the dealer's officer, agent, or employee. The
director shall inform an applicant who is denied an agricultural
pesticide dealer's license of the reasons why the license was
denied.
(7) A pesticide registrant who distributes agricultural
pesticides
into the this state is exempt from the requirements of
subsection (1).
Sec. 8312. (1) To become a certified applicator, an applicant
must satisfactorily complete the certification requirements
prescribed by the director and categorized according to the various
types of pesticide applications prescribed by rule and consistent
with the regulations of the EPA.
(2) The application for a certified applicator certificate
shall contain information considered to be pertinent by the
director.
(3) A certified applicator applicant shall pay the appropriate
fee as provided in section 8317.
(4) The director shall issue a certificate to applicants that
successfully comply with all certification requirements under this
part.
(5) The director may restrict an applicant to use only a
certain type of equipment or pesticide upon finding that the
applicant is only qualified to use that type of equipment or
pesticide.
(6) The director may refuse to issue or renew a certificate if
an applicant demonstrates an insufficient knowledge of any item
called for in the application or has unsatisfied judgments under
this part or rules promulgated under this part against him or her
or if the equipment to be used by the applicant is unsafe or
inadequate to properly apply pesticides.
(7) The director may at any time deny, revoke, or suspend a
private agricultural applicator certificate or a commercial
applicator certificate for a violation of this part or upon
conviction
under section 14 of FIFRA, 7 U.S.C. USC 136l, or upon
conviction under a state pesticide law of a reciprocating state in
accordance with section 8320.
(8) The director shall inform an applicant who is denied an
applicator certificate of the reasons why the certificate was
denied.
(9) A person shall display his or her certificate upon the
request of the director.
(10) A certified applicator that operates from a business
location outside this state shall do either of the following:
(a) Continuously maintain in this state a registered office
and a resident agent, which agent may be an individual resident in
this state whose business office or residence is identical with the
registered office, a domestic corporation or limited liability
company, or a foreign corporation or limited liability company
authorized to transact business in this state and having a business
office identical with the registered office. The certified
applicator shall file with the department the name, address, and
telephone number of the resident agent and shall maintain and make
available records required by this part and part 87.
(b) Maintain and make available records required by this part
and part 87 in this state or pay all costs incurred in auditing the
records at the out-of-state location.
Sec.
8313. (1) Commercial applicators who that hold themselves
out to the public as being in the business of applying pesticides
shall obtain a commercial applicator license for each place of
business.
(2) A commercial applicator shall be certified under section
8312
and shall have at least 1 of the following in order to qualify
for a license:
(a) Service for not less than 2 application seasons as an
employee of a commercial applicator or comparable education and
experience as determined by the director.
(b) A baccalaureate degree from a recognized college or
university in a discipline that provides education regarding pests
and the control of pests and 1 application season of service as an
employee of a commercial applicator.
(3) The commercial applicator license application shall be on
a form provided by the director and shall contain information
regarding the applicant's qualifications and proposed operations,
the type of equipment to be used by the applicant, and other
information considered pertinent by the director.
(4) An application for a commercial applicator license shall
be accompanied by the appropriate fee as provided in section 8317.
(5) An application for a commercial applicator license shall
be accompanied by proof of sufficient financial responsibility as
prescribed by rule.
(6) The director may restrict an applicant to use only a
certain type of equipment or pesticide upon finding that the
applicant is qualified to use only that type.
(7) The director may refuse to issue or renew a commercial
applicator license if the applicant demonstrates insufficient
knowledge of an item in the application, or has unsatisfied
judgments under this part or a rule promulgated under this part
against him or her, or if the equipment used by the applicant is
unsafe or inadequate for pesticide applications.
(8) The director may at any time deny, revoke, or suspend a
commercial applicator license for a violation of this part or a
violation of an order issued under this part, or upon conviction
under this part, FIFRA, or a state pesticide law of a reciprocating
state in accordance with section 8320.
(9) The director shall inform an applicant who is denied a
commercial applicator license of the reasons why the license was
denied.
(10) A person subject to the licensing requirements in this
section shall only apply pesticides that are registered with, or
subject to, either United States EPA or this state's laws and
rules.
(11) A person subject to the licensing requirements in this
section shall not represent that a pesticide application has
characteristics, ingredients, uses, benefits, or qualities that it
does not have.
(12) A person subject to the licensing requirements in this
section shall not represent that a pesticide application is
necessary to control a pest when the pest is not present or likely
to occur.
(13) A commercial applicator that operates from a business
location outside this state shall do either of the following:
(a) Continuously maintain in this state a registered office
and a resident agent, which agent may be an individual resident in
this state whose business office or residence is identical with the
registered office, a domestic corporation or limited liability
company, or a foreign corporation or limited liability company
authorized to transact business in this state and having a business
office identical with the registered office. The commercial
applicator shall file with the department the name, address, and
telephone number of the resident agent and shall maintain and make
available records required by this part and part 87.
(b) Maintain and make available records required by this part
and part 87 in this state or pay all costs incurred in auditing the
records at the out-of-state location.
Sec. 8317. (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 a private agricultural applicator certification,
$50.00 until September 30, 2015 and $10.00 after September 30,
2015.
(c) For a commercial registered applicator, $45.00.
(d) For a private registered applicator, $50.00 until
September 30, 2015 and $10.00 after September 30, 2015.
(2) Certificates for commercial applicators, private
agricultural
applicators, and registered applicators shall be are
valid
for a period of time of not less than 3 years to be
established by rule by the director.
(3) The license application fee for a commercial applicator
license is $100.00. The license expires annually on December 31.
(4)
The Until 5 years after
the effective date of the 2015
amendatory act that amended this section, the registration
application fee for the registration of pesticides sold, offered
for
sale, exposed for sale, or distributed is $40.00 $100.00 per
product. However, if the pesticide registration fee is received by
the department after June 30, the registrant shall pay an
additional late fee of $100.00 for each pesticide.
(5) The license application fee for a restricted use pesticide
dealer's license is $100.00. The license expires annually on
December 31.
(6) The license application fee for an agricultural pesticide
dealer's license is $100.00. The license expires annually on
December 31.
(7) Application fees submitted under this section are not
refundable.
(8) Notwithstanding any other provision of subsection (1)(b)
and (d), the department shall waive any fee otherwise required
under subsection (1)(b) and (d) if the individual responsible for
paying the fee is, and provides proof satisfactory to the
department that he or she is, an honorably discharged veteran of
the armed forces of the United States.
(9) The department shall deposit license and administrative
fees and administrative, civil, and noncriminal fines received, as
well as any payment for costs or reimbursement to the department
for investigation, under this part in the agriculture licensing and
inspection fees fund created in section 9 of the insect pest and
plant disease act, 1931 PA 189, MCL 286.209, to be used, pursuant
to appropriation, by the director in administering and carrying out
those duties required by law under this part.
Sec. 8504. (1) A person shall not manufacture or distribute
fertilizer in this state, except specialty fertilizer and soil
conditioners, until the appropriate groundwater protection fee
provided in section 8715 has been submitted, and except as
authorized by a license to manufacture or distribute issued by the
department pursuant to part 13. An application for a license shall
be accompanied by a fee of $100.00 for each of the following:
(a) Each fixed location at which fertilizer is manufactured in
this state.
(b) Each mobile unit used to manufacture fertilizer in this
state.
(c) Each location out of this state that applies labeling
showing an out-of-state origin of fertilizer distributed in this
state to nonlicensees.
(2) An application for a license to manufacture or distribute
fertilizer shall include all of the following:
(a) The name and address of the applicant.
(b) The name and address of each bulk distribution point in
the
this state not licensed for fertilizer manufacture or
distribution. The name and address shown on the license shall be
shown on all labels, pertinent invoices, and bulk storage for
fertilizers distributed by the licensee in this state.
(3) If the fertilizer is a beneficial use by-product intended
for beneficial use 3 under part 115, the application shall also
include the information identified in section 11551(7).
(4) The licensee shall inform the director in writing of
additional distribution points established during the period of the
license.
(5) A distributor is not required to obtain a license if the
distributor is selling fertilizer of a distributor or a
manufacturer licensed under this part.
(6) All licenses to manufacture or distribute fertilizer
expire on December 31 of each year.
(7) A person licensed under this section that operates from a
business location outside this state shall do either of the
following:
(a) Continuously maintain in this state a registered office
and a resident agent, which agent may be an individual resident in
this state whose business office or residence is identical with the
registered office, a domestic corporation or limited liability
company, or a foreign corporation or limited liability company
authorized to transact business in this state and having a business
office identical with the registered office. The person licensed
under this section shall file with the department the name,
address, and telephone number of the resident agent and shall
maintain and make available records required by this part and part
87.
(b) Maintain and make available records required by this part
and part 87 in this state or pay all costs incurred in auditing the
records at the out-of-state location.
Sec. 8505. (1) A person shall not distribute a specialty
fertilizer or soil conditioner unless it is registered with the
department. An application for registration listing each brand and
product name of each grade of specialty fertilizer or soil
conditioner shall be made on a form furnished by the director. An
application shall be accompanied with the fees described in
subsection (4) for each brand and product name of each grade.
Labels for each brand and product name of each grade shall
accompany the application.
(2) If the specialty fertilizer or soil conditioner is a
beneficial use by-product intended for beneficial use 3 under part
115, the application shall also include the information identified
in section 11551(7).
(3) Upon approval of an application by the director, a copy of
the registration approval shall be furnished to the applicant. All
registrations expire on December 31 of each year.
(4) A person applying for a registration under subsection (1)
shall pay the following annual fees for each brand and product name
of each grade:
(a) Registration fee of $25.00.
(b) Appropriate groundwater protection fee provided for in
section 8715.
(5) A distributor is not required to register a brand of
fertilizer that is registered under this part by another person, if
the label does not differ in any respect.
(6) A manufacturer or distributor of custom blend specialty
fertilizers for home lawns, golf courses, recreational areas, or
other nonfarm areas is not required to register each grade
distributed but shall license their firm on an application
furnished by the director for an annual fee of $100.00 and shall
label the fertilizer as provided in section 8502. The label of each
fertilizer distributed under this subsection shall be maintained by
the manufacturer or distributor for 1 year for inspection by the
director.
(7) A manufacturer or distributor of soil conditioners blended
according to specifications provided to a blender or blended as
specifically requested by the consumer prior to blending shall
either register each brand or blend distributed or license its firm
on an application furnished by the director for an annual fee of
$100.00 and shall label the soil conditioner as provided in section
8502. The label of each soil conditioner distributed under this
subsection shall be maintained by the manufacturer or distributor
for 1 year for inspection by the director.
(8) A registrant that operates from a business location
outside this state shall do either of the following:
(a) Continuously maintain in this state a registered office
and a resident agent, which agent may be an individual resident in
this state whose business office or residence is identical with the
registered office, a domestic corporation or limited liability
company, or a foreign corporation or limited liability company
authorized to transact business in this state and having a business
office identical with the registered office. The registrant shall
file with the department the name, address, and telephone number of
the resident agent and shall maintain and make available records
required by this part and part 87.
(b) Maintain and make available records required by this part
and part 87 in this state or pay all costs incurred in auditing the
records at the out-of-state location.
Sec.
8506. (1) An Until 5 years
after the effective date of
the 2015 amendatory act that amended this section, an inspection
fee
of 10 35 cents per ton shall be paid to the department for
all
fertilizers or soil conditioners sold or distributed in this state.
For peat or peat moss, the inspection fee shall be 2 cents per
cubic yard. This fee shall not apply to registered specialty
fertilizers or soil conditioners sold or distributed only in
packages of 10 pounds or less.
(2) Payment of the inspection fee shall be made on the basis
of tonnage reports setting forth the number of tons of each grade
of fertilizer and soil conditioner and the number of cubic yards of
peat or peat moss sold or distributed in this state. The reports
shall cover the periods of the year and be made in a manner
specified by the director in rules, and shall be filed with the
department not later than 30 days after the close of each period.
The time may be extended for cause for an additional 15 days only
on written request to, and approval by, the department. Remittance
to cover the inspection fee shall accompany each tonnage report.
Payments due of less than $5.00 are waived, and refunds of less
than $5.00 will not be processed, unless requested in writing. For
any report not filed with the department by the due date, a penalty
of $50.00 or 10% of the amount due, whichever is greater, shall be
assessed. Unpaid fees and penalties constitute a debt and become
the basis of a judgment against the licensee. Records upon which
the statement of tonnage is based are subject to department audit.
(3) When more than 1 person is involved in the distribution of
fertilizer or soil conditioners, the last person who is licensed or
has the fertilizer or soil conditioner registered and who
distributes to a nonlicensee or nonregistrant is responsible for
reporting the tonnage and paying the inspection fee.