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

Sec. 8314.
(1) A person shall not apply a pesticide for a commercial purpose or in the course of his or her employment unless that person is either a certified applicator or a registered applicator. A person may apply a general use pesticide for a private agricultural purpose without being a certified applicator or registered applicator.
(2) A person who is not subject to the licensing requirement in section 8313 may apply a general use ready-to-use pesticide without being a certified applicator or a registered applicator.
(3) A commercial certified or registered applicator must be at least 18 years of age.
(4) A person who is not subject to the licensing requirements in section 8313 may apply a general use antimicrobial pesticide without being a certified or registered applicator if there is no potential for movement of an antimicrobial pesticide to affect surface water or groundwater.
(5) A commercial applicator shall only make pesticide applications in the category for which he or she is certified or registered.
(6) A registered applicator shall do all of the following:
(a) Complete a training program that is approved by the director and conducted by a trainer who has the minimum qualifications established by rule. The training program for applicators who apply pesticides for private agricultural purposes may utilize other methods of training and testing as provided in section 8311(1).
(b) Pass a test that is approved by the director.
(c) Possess a valid registration certificate issued by the director.
(7) A trainer shall issue a temporary registration to an applicant who completes an approved training program and passes a test administered by the director. A temporary registration is valid from the time it is issued until the applicant receives a registration certificate from the director. The department shall provide the applicant with the registration certificate upon payment of the fee provided for in section 8317 and when the approved trainer completes and submits a program completion form.
(8) A registered applicator who applies general use pesticides and is not subject to commercial pesticide applicator licensing requirements is exempt from the provisions requiring supervision by a certified applicator.
(9) A person shall display his or her registration certificate upon the request of the director.
(10) A registered applicator shall complete a training program every 3 years to be eligible to renew his or her registration.
(11) The director may at any time deny, revoke, or suspend a certification or registration for a violation of this part or upon conviction under this part, FIFRA, or a state pesticide law of a reciprocating state in accordance with section 8320.
(12) The director shall develop and provide the documents and forms necessary to implement this section.
History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2002, Act 418, Imd. Eff. June 5, 2002 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.