Michigan Compiled Laws
451-1994-II-2-83 - Part 83 Pesticide Control (324.8301...324.8336)
Section 324.8325 - Rules.

Sec. 8325.
(1) The director shall promulgate rules for implementing this part, including, but not limited to, rules providing for the following:
(a) The collection, examination, and reporting the results of examination of samples of pesticides or devices.
(b) The safe handling, transportation, storage, display, distribution, and disposal of pesticides and their containers.
(c) The designation of restricted use pesticides and agricultural pesticides for the state or for specified areas within the state. The director may include in the rule the time and conditions of sale, distribution, and use of restricted use pesticides and agricultural pesticides.
(d) The certification and licensing of applicators and the licensing of restricted use pesticide dealers and agricultural pesticide dealers.
(e) The maintenance of records by certified commercial applicators with respect to applications of restricted use pesticides.
(f) Good practice in the use of pesticides.
(g) Notification or posting, or both, designed to inform persons entering certain public or private buildings or other areas where the application of a pesticide, other than a general use ready-to-use pesticide, has occurred.
(h) Use of a pesticide in a manner consistent with its labeling including adequate supervision of noncertified applicators if appropriate.
(i) Prenotification by the building manager upon request for affected persons regarding the application of a pesticide at daycare centers and schools.
(j) Responsibility of a building manager to post signs provided to him or her by a commercial applicator.
(k) Designation of posted school bus stops as sensitive areas.
(l) The establishing of a schedule of civil fines for violation of local ordinances as described in section 8328(3).
(2) By December 27, 1989, the director shall submit rules to the joint committee on administrative rules pertaining to all of the following:
(a) The development of a training program for applicators who apply pesticides for private agricultural purposes on the use of appropriate procedures for the application of pesticides; safety procedures for pesticide application; clothing and protective equipment for pesticide application; the detection of common symptoms of pesticide poisoning; the means of obtaining emergency medical treatment; hazards posed by pesticides to workers, the public health, and the environment; specific categories of pesticides; and the requirements of applicable laws, rules, and labeling.
(b) The development of training programs for integrated pest management systems in schools, public buildings, and health care facilities.
(c) The duty of commercial applicators to inform customers of potential risks and benefits associated with the application of pesticides.
(3) By June 27, 1990, the director shall submit rules to the joint committee on administrative rules pertaining to the protection of agriculture employees who hand harvest agricultural commodities regarding all of the following:
(a) The establishment of field reentry periods after the application of agricultural pesticides.
(b) The posting and notification of areas where pesticides have been applied.
(c) The use of protective clothing, safety devices, hand washing, or other methods of protection from pesticide exposure.
(d) Notification of agricultural workers of poison treatment facilities.
(4) If the EPA at any time adopts and publishes agricultural worker protection standards, the federal standards shall supersede rules promulgated under subsection (3).
(5) By December 27, 1989, the director shall submit rules to the joint committee on administrative rules. These rules shall include all of the following:
(a) Minimum standards of competency and experience or expertise for trainers of certified and registered applicators.
(b) The development of a training program for applicators on the use of appropriate procedures for the application of pesticides; safety procedures for pesticide application; clothing and protective equipment for pesticide application; the detection of common symptoms of pesticide poisoning; the means of obtaining emergency medical treatment; hazards posed by pesticides to workers, the public health, and the environment; specific categories of pesticides; and the requirements of applicable laws, rules, and labeling.
(c) The number of directly supervised application hours required before a registered applicator may apply each category of restricted use pesticide without direct supervision.
History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2008, Act 18, Imd. Eff. Feb. 29, 2008 Popular Name: Act 451Popular Name: NREPAAdmin Rule: R 285.636.1 et seq. of the Michigan Administrative Code.

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.