Sec. 8310a.
(1) A person 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 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 subsection (1) 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 to the department records required by this part and part 87 and pay all costs incurred by the department in auditing the records if they are held at an 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 this state is exempt from subsection (1).
History: Add. 2008, Act 18, Imd. Eff. Feb. 29, 2008 ;-- Am. 2015, Act 118, Eff. Oct. 1, 2015 Popular Name: Act 451Popular Name: NREPA
Structure 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 324.8307b - 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 324.8309 - Refusing, Canceling, or Suspending Registration; Circumstances.
Section 324.8315 - Aerial Application of Pesticides; Requirements.
Section 324.8316 - Notice of Pesticide Application at School or Day Care Center.
Section 324.8318 - Repealed. 2007, Act 78, Imd. Eff. Sept. 30, 2007.
Section 324.8320 - Reciprocal Agreements.
Section 324.8324 - Groundwater Protection Rules.
Section 324.8328 - Local Governments; Powers.
Section 324.8331 - False Information; Resisting, Impeding, or Hindering Director.
Section 324.8334 - Exemptions From Penalties.
Section 324.8335 - Probable Cause as Precluding Recovery of Damages.