Michigan Compiled Laws
451-1994-II-2-85 - Part 85 Fertilizers (324.8501...324.8522)
Section 324.8506 - Inspection Fee; Tonnage Reports as Basis of Payment; Waiver; Penalty; Unpaid Fees and Penalties as Basis of Judgment; Responsibility for Reporting Tonnage and Paying Inspection Fee; Deposit of Money Collected.

Sec. 8506.
(1) An inspection fee of 35 cents per ton shall be paid to the department for all fertilizers or soil conditioners sold or distributed in this state. For peat or peat moss, the inspection fee shall be 2 cents per cubic yard. This fee does not apply to registered specialty fertilizers or soil conditioners sold or distributed only in packages of 10 pounds or less.
(2) Payment of the inspection fee shall be made on the basis of tonnage reports setting forth the number of tons of each grade of fertilizer and soil conditioner and the number of cubic yards of peat or peat moss sold or distributed in this state. The reports shall cover the periods of the year and be made in a manner specified by the director in rules, and shall be filed with the department not later than 30 days after the close of each period. The time may be extended for cause for an additional 15 days only on written request to, and approval by, the department. Remittance to cover the inspection fee shall accompany each tonnage report. Payments due of less than $5.00 are waived, and refunds of less than $5.00 will not be processed, unless requested in writing. For any report not filed with the department by the due date, a penalty of $50.00 or 10% of the amount due, whichever is greater, shall be assessed. Unpaid fees and penalties constitute a debt and become the basis of a judgment against the licensee. Records upon which the statement of tonnage is based, including those described in this section and section 8715, are subject to department audit.
(3) When more than 1 person is involved in the distribution of fertilizer or soil conditioners, the last person who is licensed or has the fertilizer or soil conditioner registered and who distributes to a nonlicensee or nonregistrant is responsible for reporting the tonnage and paying the inspection fee.
(4) Money collected by the department under this section shall be forwarded to the state treasurer for deposit into the fund.
History: Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2006, Act 503, Eff. Mar. 30, 2007 ;-- Am. 2015, Act 118, Eff. Oct. 1, 2015 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-2-85 - Part 85 Fertilizers (324.8501...324.8522)

Section 324.8501 - Definitions; a to T.

Section 324.8501a - Definitions; M to U.

Section 324.8502 - Label; Invoice.

Section 324.8503 - Order and Form of Guaranteed Analysis; Minimum Percentage of Plant Nutrients; Additional Plant Nutrients; Other Beneficial Compounds or Substances.

Section 324.8504 - License to Manufacture or Distribute Fertilizer; Fee; Application; Beneficial Use By-Product Intended for Beneficial Use 3; Notice of Additional Distribution Points; Exceptions; Expiration; Operation of Business Located Outside of...

Section 324.8505 - Distribution of Specialty Fertilizer or Soil Conditioner; Registration; Application; Labels to Accompany Application; Beneficial Use By-Product Intended for Beneficial Use 3; Copy of Registration Approval; Expiration; Fees; Labelin...

Section 324.8506 - Inspection Fee; Tonnage Reports as Basis of Payment; Waiver; Penalty; Unpaid Fees and Penalties as Basis of Judgment; Responsibility for Reporting Tonnage and Paying Inspection Fee; Deposit of Money Collected.

Section 324.8506a - Audits.

Section 324.8507 - Records; Disclosure of Information.

Section 324.8507a - Access to Markets for Fertilizer; Certificate of Free Sale; Application; Fees; "Certificate of Free Sale" Defined.

Section 324.8508 - Construction and Application of Part.

Section 324.8509 - Prohibitions.

Section 324.8510 - Inspecting, Sampling, and Analyzing Fertilizer and Soil Conditioners; Methods; Rules; Access to Premises; Stopping Conveyances; Submission of Information to Department; Confidentiality.

Section 324.8511 - Selection of Sample From Package or Bulk Lot for Comparison With Label; Order to Cease and Desist; Seizing, or Stopping Sale Of, Fertilizer or Soil Conditioner; Conditions; Filing Action With Court.

Section 324.8512 - Nitrates in Groundwater Exceeding Certain Limits Associated With Aquifer Sensitivity or Fertilizer Use; Educational Materials Provided to Fertilizer Users; Authority of Department Director; Eligibility of Regional Stewardship to Re...

Section 324.8512b - Fertilizer Containing Phosphate; Application to Turf; Requirements.

Section 324.8512f - Release of Fertilizer on Impervious Turf; Application of Fertilizer on Frozen or Saturated Turf.

Section 324.8512g - Residential Uses of Phosphorus; Consumer Information on Use Restrictions and Recommended Best Practices.

Section 324.8512h - Fertilizer Advisory Committee; Membership; Terms; Removal; Vacancy; Meetings; Quorum; Duties; Meetings Subject to Open Meetings Act; "Committee" Defined.

Section 324.8513 - Rules; Bulk Storage of Fertilizers; Exemption.

Section 324.8514 - Fertilizer Control Fund; Creation; Deposits; Money Remaining in Fund; Lapse; Expenditures; Grants to Local Government Agencies, Institutions of Higher Education, or Nonprofit Organizations; Notice to Legislature.

Section 324.8515 - Revocation or Refusal of License or Registration; Grounds; Hearing; Exception for Refusal to Sell Ammonium Nitrate Fertilizer.

Section 324.8516 - Enforcement; Rules.

Section 324.8517 - Local Ordinance, Regulation, or Resolution; Preemption; Adoption; Enforcement; Identification of Unreasonable Adverse Effects; Local Public Meeting; Contract by Director With Local Government; Compliance With Training and Enforceme...

Section 324.8518 - Ammonium Nitrate Fertilizer; Storage Methods; Information to Be Obtained by Retailers; Records; Refusal of Retailer to Sell.

Section 324.8519 - Hearing; Request.

Section 324.8520 - Violations; Penalties; Remedies; Injunctive Action; Civil Action; Defenses; Liability for Damages; Applicability of Provisions of Revised Judicature Act.

Section 324.8521 - Penalties and Sanctions; Exceptions.

Section 324.8522 - Finding of Probable Cause.