Michigan Compiled Laws
451-1994-II-2-83 - Part 83 Pesticide Control (324.8301...324.8336)
Section 324.8302 - Definitions; a to C.

Sec. 8302.
(1) "Active ingredient" means an ingredient that will prevent, destroy, repel, or mitigate pests, or that will act as a plant regulator, defoliant, or desiccant or otherwise alter the behavior of plants or products.
(2) "Activity plan" means a plan for the mitigation of groundwater contamination at a specific location, including a time frame for implementation.
(3) "Adulterated" applies to a pesticide if its strength or purity is less than, or significantly greater than, the professed standard or quality as expressed on its labeling or under which it is sold; if any substance was substituted wholly or in part for a pesticide; or if a valuable constituent of the pesticide was wholly or in part abstracted.
(4) "Agricultural commodity" means a plant or part of a plant, or an animal or animal product, produced primarily for sale, consumption, propagation, or other use by human beings or animals.
(5) "Agricultural pesticide" means a pesticide that bears labeling that meets federal worker protection agricultural use requirements established in 40 CFR parts 156 and 170.
(6) "Agricultural pesticide dealer" means a person engaged in distributing, selling, or offering for sale an agricultural pesticide to the ultimate user.
(7) "Animal" means all vertebrate and invertebrate species, including, but not limited to, human beings and other mammals, birds, fish, and shellfish.
(8) "Antimicrobial pesticide" means a pesticide that is intended to disinfect, sanitize, reduce, or mitigate growth or development of microbial organisms, as defined under FIFRA.
(9) "Application season" means a time period of pesticide application, consistent with the category of application, within a calendar year.
(10) "Aquifer" means a geologic formation, a group of formations, or a part of a formation capable of yielding a significant amount of groundwater to wells or springs.
(11) "Aquifer sensitivity" means a hydrogeologic function representing the inherent abilities of materials surrounding the aquifer to attenuate the movement of pesticides into that aquifer.
(12) "Avicide" means a pesticide intended for preventing, destroying, repelling, or mitigating pest birds.
(13) "Building manager" means the person who is designated as being responsible for the building's pest management program and to whom any reporting and notification shall be made pursuant to this part or rules promulgated under this part.
(14) "Certified applicator" means an individual who is authorized under this part to use and supervise the use of a restricted use pesticide.
(15) "Commercial applicator" means a person who is required to be a registered or certified applicator under this part, or who holds himself or herself out to the public as being in the business of applying pesticides. A commercial applicator does not include a person using a pesticide for a private agricultural purpose.
(16) "Commercial building" means a portion of a building that is not a private residence, where a business is located, and that is frequented by the public.
(17) "Confirmed contaminant" means a contaminant that has been detected in at least 2 groundwater samples collected from the same groundwater sampling point at an interval of greater than 14 days.
(18) "Contaminant" means a pesticide originated chemical, radionuclide, ion, synthetic organic compound, microorganism, or waste that does not occur naturally in groundwater or that naturally occurs at a lower concentration than detected.
(19) "Contamination" means the direct or indirect introduction into groundwater of any contaminant caused in whole or in part by human activity.
History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2002, Act 418, Imd. Eff. June 5, 2002 ;-- Am. 2008, Act 18, Imd. Eff. Feb. 29, 2008 Popular Name: Act 451Popular Name: NREPA

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 324 - Natural Resources and Environmental Protection

Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)

Article II - Pollution Control (324.3101...324.21563)

451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510)

451-1994-II-2-83 - Part 83 Pesticide Control (324.8301...324.8336)

Section 324.8301 - Meanings of Words and Phrases.

Section 324.8302 - Definitions; a to C.

Section 324.8303 - Definitions; D to G.

Section 324.8304 - Definitions; I to M.

Section 324.8305 - Definitions; N to P.

Section 324.8306 - Definitions; R to W.

Section 324.8307 - Repealed. 2002, Act 418, Imd. Eff. June 5, 2002.

Section 324.8307a - Pesticide; Distribution, Sale, Exposure, or Offer for Sale; Registration Required.

Section 324.8307b - Maintenance of Registration; Renewal; Discontinuing Registration.

Section 324.8307c - Registration of Pesticide; Exception.

Section 324.8307d - Prohibited Claims.

Section 324.8307e - Registration for Special Local Needs.

Section 324.8307f - Information Requirements.

Section 324.8308 - Powers of Director; Audits.

Section 324.8308a - Access to Markets for Pesticides; Certificate of Free Sale; Application; Fees; "Certificate of Free Sale" Defined.

Section 324.8309 - Refusing, Canceling, or Suspending Registration; Circumstances.

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...

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;...

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 P...

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...

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...

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 Progra...

Section 324.8315 - Aerial Application of Pesticides; Requirements.

Section 324.8316 - Notice of Pesticide Application at School or Day Care Center.

Section 324.8316b - Pesticide Notification Registry; Notification Requirements; Exclusions; Definitions.

Section 324.8317 - Fees; Certificate; License; Registration; Validity; Duration; Expiration; Fees Nonrefundable; Waiver; Deposit.

Section 324.8318 - Repealed. 2007, Act 78, Imd. Eff. Sept. 30, 2007.

Section 324.8319 - Exemptions; Supervision by Allopathic or Osteopathic Physician or Doctor of Veterinary Medicine.

Section 324.8320 - Reciprocal Agreements.

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.

Section 324.8322 - Additional Powers of Director; Preliminary Order; Program on Pesticide Container Recycling and Disposal.

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 Ac...

Section 324.8324 - Groundwater Protection Rules.

Section 324.8325 - Rules.

Section 324.8326 - Pesticide Advisory Committee; Creation; Appointment, Qualifications, and Terms of Members; Vacancies; Meetings; Quorum; Duties and Responsibilities; Meetings Open to the Public.

Section 324.8327 - Order to Cease Use Of, or to Refrain From Intended Use Of, Pesticide; Effect of Noncompliance; Inspection; Rescission of Order.

Section 324.8328 - Local Governments; Powers.

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.

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.

Section 324.8331 - False Information; Resisting, Impeding, or Hindering Director.

Section 324.8332 - Hearings.

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.

Section 324.8334 - Exemptions From Penalties.

Section 324.8335 - Probable Cause as Precluding Recovery of Damages.

Section 324.8336 - Effect of Part on Other Civil or Criminal Liability; Act or Omission Occurring Before June 25, 1976.