HOUSE BILL No. 4391

 

March 25, 2015, Introduced by Rep. Lauwers and referred to the Committee on Appropriations.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 8307a, 8310, 8310a, 8312, 8313, 8317, 8504,

 

8505, and 8506 (MCL 324.8307a, 324.8310, 324.8310a, 324.8312,

 

324.8313, 324.8317, 324.8504, 324.8505, and 324.8506), section

 

8307a as added and sections 8312 and 8313 as amended by 2002 PA

 

418, section 8310 as amended and section 8310a as added by 2008 PA

 

18, section 8317 as amended by 2012 PA 316, sections 8504 and 8505

 

as amended by 2014 PA 178, and section 8506 as amended by 2006 PA

 

503.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 8307a. (1) Every pesticide distributed, sold, exposed, or

 

offered for sale in this state shall be registered with the

 

director pursuant to this part. The registration shall be submitted

 

on a form provided by the director and shall be renewed annually


 

before July 1. The director shall not register a pesticide under

 

this part unless the registrant has paid all groundwater protection

 

fees and late fees required under part 87, registration fees under

 

this part, and any administrative fines imposed under this part.

 

     (2) A pesticide is considered distributed, sold, exposed, or

 

offered for sale in this state when the offer to sell either

 

originates within this state or is directed by the offeror to

 

persons in this state and received by those persons.

 

     (3) If a registrant distributes identical pesticides under

 

more than 1 brand name, or distributes more than 1 pesticide

 

formulation, each brand or formulation shall be registered as a

 

separate product.

 

     (4) A registrant shall not register a pesticide that contains

 

a substance that is required to be registered with the department

 

unless that substance is also registered with the department.

 

     (5) A pesticide registration applicant shall submit to the

 

director a complete copy of the pesticide labeling and the

 

following, in a format prescribed by the director:

 

     (a) The name and address of the applicant and the name and

 

address of the person whose name will appear on the label, if other

 

than the applicant.

 

     (b) The full product name of the pesticide and the EPA

 

registration number.

 

     (c) Other information considered necessary by the director.

 

     (6) The applicant shall submit a complete formula of the

 

pesticide proposed for registration, including the active and inert

 

ingredients, when requested by the director and necessary for the


 

director to execute his or her duties under this part. The director

 

shall not use any information relative to formulas of products,

 

trade secrets, or other information obtained under this part for

 

his or her own advantage or reveal such information, other than to

 

his or her authorized representative, the EPA, the department of

 

environmental quality, the department of community health, a court

 

of the state in response to a subpoena, a licensed physician, or in

 

an emergency to a pharmacist or other persons qualified to

 

administer antidotes.

 

     (7) A registrant that 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 registrant 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 records required by this part

 

and part 87 in this state or pay all costs incurred by the

 

department in auditing the records at the out-of-state location.

 

     Sec. 8310. (1) A person shall not engage in distributing,

 

selling, or offering for sale restricted use pesticides to the

 

ultimate user 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 person in charge of each business location. The applicant shall

 

demonstrate by written examination his or her knowledge of laws and

 

rules governing the use and sale of restricted use pesticides.

 

     (3) A person licensed under subsection (1) who that operates

 

from a business location outside this state shall continuously

 

maintain in this state both of the following:

 

     (a) A registered office .

 

     (b) A and a resident agent, which agent may be either 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.

 

     (b) Records required by this part and part 87, which shall be

 

made available to the department, or pay all costs incurred in

 

auditing the records at the out-of-state location.

 

     (4) A restricted use pesticide dealer shall forward to the

 

director a record of all sales of restricted use pesticides on

 

forms provided by the director as required by rule. A restricted

 

use pesticide dealer shall keep copies of the records on file for 2

 

years. These records are subject to inspection by an authorized

 

agent of the director. The records shall, upon request, be supplied


 

in summary form to other state agencies. The summary shall include

 

the name and address of the restricted use pesticide dealer, the

 

name and address of the purchaser, the name of the pesticide sold,

 

and, in an emergency, the quantity sold. Information may not be

 

made available to the public if, in the discretion of the director,

 

release of that information could have a significant adverse effect

 

on the competitive position of the dealer, distributor, or

 

manufacturer.

 

     (5) A restricted use pesticide dealer shall sell or distribute

 

restricted use pesticides for use only by applicators certified

 

under this part.

 

     (6) The director may deny, suspend, or revoke a restricted use

 

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 a restricted use

 

pesticide dealer's license of the reasons why the license was

 

denied.

 

     (7) A restricted use pesticide dealer shall maintain and

 

submit to the department records of all restricted use pesticide

 

sales to private applicators and the intended county of application

 

for those pesticides.

 

     (8) Information collected in subsection (7) is confidential

 

business information and is not subject to the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     (9) A restricted use pesticide dealer who that 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.

 

     Sec. 8310a. (1) A person who 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 continuously maintain in

 

this state both of the following:

 

     (a) A registered office .

 

     (b) A and a resident agent, which agent may be either 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.

 

     (b) Records required by this part and part 87, which shall be

 

made available to the department, or pay all costs incurred in

 

auditing the records at the 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 the this state is exempt from the requirements of

 

subsection (1).

 

     Sec. 8312. (1) To become a certified applicator, an applicant

 

must satisfactorily complete the certification requirements

 

prescribed by the director and categorized according to the various

 

types of pesticide applications prescribed by rule and consistent

 

with the regulations of the EPA.

 

     (2) The application for a certified applicator certificate

 

shall contain information considered to be pertinent by the

 

director.

 

     (3) A certified applicator applicant shall pay the appropriate

 

fee as provided in section 8317.

 

     (4) The director shall issue a certificate to applicants that

 

successfully comply with all certification requirements under this

 

part.

 

     (5) The director may restrict an applicant to use only a

 

certain type of equipment or pesticide upon finding that the

 

applicant is only qualified to use that type of equipment or

 

pesticide.

 

     (6) The director may refuse to issue or renew a certificate if

 

an applicant demonstrates an insufficient knowledge of any item

 

called for in the application or has unsatisfied judgments under

 

this part or rules promulgated under this part against him or her

 

or if the equipment to be used by the applicant is unsafe or


 

inadequate to properly apply pesticides.

 

     (7) The director may at any time deny, revoke, or suspend a

 

private agricultural applicator certificate or a commercial

 

applicator certificate for a violation of this part or upon

 

conviction under section 14 of FIFRA, 7 U.S.C. USC 136l, or upon

 

conviction under a state pesticide law of a reciprocating state in

 

accordance with section 8320.

 

     (8) The director shall inform an applicant who is denied an

 

applicator certificate of the reasons why the certificate was

 

denied.

 

     (9) A person shall display his or her certificate upon the

 

request of the director.

 

     (10) A certified applicator that 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 certified

 

applicator 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 records required by this part

 

and part 87 in this state or pay all costs incurred in auditing the

 

records at the out-of-state location.


 

     Sec. 8313. (1) Commercial applicators who that hold themselves

 

out to the public as being in the business of applying pesticides

 

shall obtain a commercial applicator license for each place of

 

business.

 

     (2) A commercial applicator shall be certified under section

 

8312 and shall have at least 1 of the following in order to qualify

 

for a license:

 

     (a) Service for not less than 2 application seasons as an

 

employee of a commercial applicator or comparable education and

 

experience as determined by the director.

 

     (b) A baccalaureate degree from a recognized college or

 

university in a discipline that provides education regarding pests

 

and the control of pests and 1 application season of service as an

 

employee of a commercial applicator.

 

     (3) The commercial applicator license application shall be on

 

a form provided by the director and shall contain information

 

regarding the applicant's qualifications and proposed operations,

 

the type of equipment to be used by the applicant, and other

 

information considered pertinent by the director.

 

     (4) An application for a commercial applicator license shall

 

be accompanied by the appropriate fee as provided in section 8317.

 

     (5) An application for a commercial applicator license shall

 

be accompanied by proof of sufficient financial responsibility as

 

prescribed by rule.

 

     (6) The director may restrict an applicant to use only a

 

certain type of equipment or pesticide upon finding that the

 

applicant is qualified to use only that type.


 

     (7) The director may refuse to issue or renew a commercial

 

applicator license if the applicant demonstrates insufficient

 

knowledge of an item in the application, or has unsatisfied

 

judgments under this part or a rule promulgated under this part

 

against him or her, or if the equipment used by the applicant is

 

unsafe or inadequate for pesticide applications.

 

     (8) The director may at any time deny, revoke, or suspend a

 

commercial applicator license for a violation of this part or a

 

violation of an order issued under this part, or upon conviction

 

under this part, FIFRA, or a state pesticide law of a reciprocating

 

state in accordance with section 8320.

 

     (9) The director shall inform an applicant who is denied a

 

commercial applicator license of the reasons why the license was

 

denied.

 

     (10) A person subject to the licensing requirements in this

 

section shall only apply pesticides that are registered with, or

 

subject to, either United States EPA or this state's laws and

 

rules.

 

     (11) A person subject to the licensing requirements in this

 

section shall not represent that a pesticide application has

 

characteristics, ingredients, uses, benefits, or qualities that it

 

does not have.

 

     (12) A person subject to the licensing requirements in this

 

section shall not represent that a pesticide application is

 

necessary to control a pest when the pest is not present or likely

 

to occur.

 

     (13) A commercial applicator that 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 commercial

 

applicator 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 records required by this part

 

and part 87 in this state or pay all costs incurred in auditing the

 

records at the out-of-state location.

 

     Sec. 8317. (1) An application submitted under this part shall

 

be accompanied by the following application fee:

 

     (a) For a commercial applicator certification, $75.00.

 

     (b) For a private agricultural applicator certification,

 

$50.00 until September 30, 2015 and $10.00 after September 30,

 

2015.

 

     (c) For a commercial registered applicator, $45.00.

 

     (d) For a private registered applicator, $50.00 until

 

September 30, 2015 and $10.00 after September 30, 2015.

 

     (2) Certificates for commercial applicators, private

 

agricultural applicators, and registered applicators shall be are

 

valid for a period of time of not less than 3 years to be

 

established by rule by the director.


 

     (3) The license application fee for a commercial applicator

 

license is $100.00. The license expires annually on December 31.

 

     (4) The Until 5 years after the effective date of the 2015

 

amendatory act that amended this section, the registration

 

application fee for the registration of pesticides sold, offered

 

for sale, exposed for sale, or distributed is $40.00 $100.00 per

 

product. However, if the pesticide registration fee is received by

 

the department after June 30, the registrant shall pay an

 

additional late fee of $100.00 for each pesticide.

 

     (5) The license application fee for a restricted use pesticide

 

dealer's license is $100.00. The license expires annually on

 

December 31.

 

     (6) The license application fee for an agricultural pesticide

 

dealer's license is $100.00. The license expires annually on

 

December 31.

 

     (7) Application fees submitted under this section are not

 

refundable.

 

     (8) Notwithstanding any other provision of subsection (1)(b)

 

and (d), the department shall waive any fee otherwise required

 

under subsection (1)(b) and (d) if the individual responsible for

 

paying the fee is, and provides proof satisfactory to the

 

department that he or she is, an honorably discharged veteran of

 

the armed forces of the United States.

 

     (9) The department shall deposit license and administrative

 

fees and administrative, civil, and noncriminal fines received, as

 

well as any payment for costs or reimbursement to the department

 

for investigation, under this part in the agriculture licensing and


 

inspection fees fund created in section 9 of the insect pest and

 

plant disease act, 1931 PA 189, MCL 286.209, to be used, pursuant

 

to appropriation, by the director in administering and carrying out

 

those duties required by law under this part.

 

     Sec. 8504. (1) A person shall not manufacture or distribute

 

fertilizer in this state, except specialty fertilizer and soil

 

conditioners, until the appropriate groundwater protection fee

 

provided in section 8715 has been submitted, and except as

 

authorized by a license to manufacture or distribute issued by the

 

department pursuant to part 13. An application for a license shall

 

be accompanied by a fee of $100.00 for each of the following:

 

     (a) Each fixed location at which fertilizer is manufactured in

 

this state.

 

     (b) Each mobile unit used to manufacture fertilizer in this

 

state.

 

     (c) Each location out of this state that applies labeling

 

showing an out-of-state origin of fertilizer distributed in this

 

state to nonlicensees.

 

     (2) An application for a license to manufacture or distribute

 

fertilizer shall include all of the following:

 

     (a) The name and address of the applicant.

 

     (b) The name and address of each bulk distribution point in

 

the this state not licensed for fertilizer manufacture or

 

distribution. The name and address shown on the license shall be

 

shown on all labels, pertinent invoices, and bulk storage for

 

fertilizers distributed by the licensee in this state.

 

     (3) If the fertilizer is a beneficial use by-product intended


 

for beneficial use 3 under part 115, the application shall also

 

include the information identified in section 11551(7).

 

     (4) The licensee shall inform the director in writing of

 

additional distribution points established during the period of the

 

license.

 

     (5) A distributor is not required to obtain a license if the

 

distributor is selling fertilizer of a distributor or a

 

manufacturer licensed under this part.

 

     (6) All licenses to manufacture or distribute fertilizer

 

expire on December 31 of each year.

 

     (7) A person licensed under this section that 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 this section 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 records required by this part

 

and part 87 in this state or pay all costs incurred in auditing the

 

records at the out-of-state location.


 

     Sec. 8505. (1) A person shall not distribute a specialty

 

fertilizer or soil conditioner unless it is registered with the

 

department. An application for registration listing each brand and

 

product name of each grade of specialty fertilizer or soil

 

conditioner shall be made on a form furnished by the director. An

 

application shall be accompanied with the fees described in

 

subsection (4) for each brand and product name of each grade.

 

Labels for each brand and product name of each grade shall

 

accompany the application.

 

     (2) If the specialty fertilizer or soil conditioner is a

 

beneficial use by-product intended for beneficial use 3 under part

 

115, the application shall also include the information identified

 

in section 11551(7).

 

     (3) Upon approval of an application by the director, a copy of

 

the registration approval shall be furnished to the applicant. All

 

registrations expire on December 31 of each year.

 

     (4) A person applying for a registration under subsection (1)

 

shall pay the following annual fees for each brand and product name

 

of each grade:

 

     (a) Registration fee of $25.00.

 

     (b) Appropriate groundwater protection fee provided for in

 

section 8715.

 

     (5) A distributor is not required to register a brand of

 

fertilizer that is registered under this part by another person, if

 

the label does not differ in any respect.

 

     (6) A manufacturer or distributor of custom blend specialty

 

fertilizers for home lawns, golf courses, recreational areas, or


 

other nonfarm areas is not required to register each grade

 

distributed but shall license their firm on an application

 

furnished by the director for an annual fee of $100.00 and shall

 

label the fertilizer as provided in section 8502. The label of each

 

fertilizer distributed under this subsection shall be maintained by

 

the manufacturer or distributor for 1 year for inspection by the

 

director.

 

     (7) A manufacturer or distributor of soil conditioners blended

 

according to specifications provided to a blender or blended as

 

specifically requested by the consumer prior to blending shall

 

either register each brand or blend distributed or license its firm

 

on an application furnished by the director for an annual fee of

 

$100.00 and shall label the soil conditioner as provided in section

 

8502. The label of each soil conditioner distributed under this

 

subsection shall be maintained by the manufacturer or distributor

 

for 1 year for inspection by the director.

 

     (8) A registrant that 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 registrant 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 records required by this part

 

and part 87 in this state or pay all costs incurred in auditing the

 

records at the out-of-state location.

 

     Sec. 8506. (1) An Until 5 years after the effective date of

 

the 2015 amendatory act that amended this section, an inspection

 

fee of 10 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 shall 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 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.