Michigan Compiled Laws
451-1994-II-2-83 - Part 83 Pesticide Control (324.8301...324.8336)
Section 324.8326 - Pesticide Advisory Committee; Creation; Appointment, Qualifications, and Terms of Members; Vacancies; Meetings; Quorum; Duties and Responsibilities; Meetings Open to the Public.

Sec. 8326.
(1) A pesticide advisory committee is created within the department. The committee shall be composed of the following members:
(a) The director.
(b) The director of the department of natural resources.
(c) A representative of the department of natural resources selected by the director of the department of natural resources who has expertise regarding water quality programs.
(d) The director of public health.
(e) The director of the Michigan cooperative extension service.
(2) The director shall appoint additional members to the committee, 1 each representing the following:
(a) The Michigan pest control association.
(b) Licensed outdoor commercial applicators.
(c) Producers of agricultural commodities.
(d) Licensed aerial applicators.
(e) Nongovernmental organizations for environmental preservation.
(f) Farm employees.
(g) Those in the medical or health science profession experienced in the toxicology of pesticides.
(h) Agricultural chemical industry.
(i) Nongovernmental organizations representing human health interests.
(3) The members of the committee may designate an authorized representative or substitute to represent them on the committee. Of the members first appointed by the director, 3 shall serve for 1 year, 3 for 2 years, and 2 for 3 years. Thereafter, an appointment shall be for 3 years. The director shall remove any member who is absent, either personally or through a designated representative or substitute, for 4 or more consecutive meetings. Vacancies shall be filled for the balance of an unexpired term. The committee shall meet on the call of the director, who shall serve as chairperson. The director shall call a meeting of the committee upon request of 2 or more members. A majority of the members of the committee constitutes a quorum.
(4) The pesticide advisory committee shall consult with and advise the director in the administration of this part and shall have the following responsibilities:
(a) To analyze and summarize information pertaining to pesticide use, including, but not limited to, the number and types of pesticide use violations and the underlying causes and circumstances involving pesticide misuse, and to develop a profile of violators of this part.
(b) To evaluate potential contamination related to the size and disposal of pesticide containers for home, agricultural, industrial, and commercial use and make recommendations to the legislature.
(c) To utilize available information pertaining to the misuse of pesticides to determine whether the training programs offered by the director are effective in curtailing misuses.
(d) To review all training requirements for applicators and persons licensed under this part, including the specific review of the components of each area tested under this part, and to make recommendations to the director regarding training and testing. Notwithstanding the responsibilities of the committee under this subdivision, the specific test questions prepared to implement the requirements of this part shall remain confidential.
(e) To annually publish a report to be submitted to the governor, the legislature, and the director. The report shall include all of the following:
(i) A review of the recommendations of the committee.
(ii) Recommendations regarding amendatory language for this part.
(iii) Recommendations regarding resources necessary to adequately implement this part.
(iv) A summary of the annual enforcement actions taken under this part.
(5) All meetings of the committee shall be conducted pursuant to the open meetings act, Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws.
History: 1994, Act 451, Eff. Mar. 30, 1995 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.