Title 324, NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION

Sec. 83105. (1) The department may appoint persons to function as volunteers for the purpose of facilitating forest recreation activities. While a volunteer is serving in such a capacity, the volunteer has the same immunity from civil liability as a department employee and shall …

Sec. 83106. (1) The department may require a person to obtain a permit for camping in designated state forest campgrounds and may establish and collect a fee for the camping permit. However, at least 6 months before increasing a camping permit fee, the department shall provide wr…

Sec. 83107. To ensure compliance with this part, rules promulgated under this part and this act, including the state land use rules provided in R 299.331 to R 299.335 of the Michigan administrative code, and any orders of the director, the director may commission state forest off…

Sec. 83108. The department may promulgate rules to implement this part.

Sec. 83109. A person who violates this part or a rule promulgated under this part is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $500.00.

Sec. 8310a. (1) A person 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 a…

Sec. 8311. (1) A person shall not use a restricted use pesticide without first complying with the certification requirements of this part. (2) A person is not required to be a certified applicator to apply a restricted use pesticide for a private agricultural purpose if the perso…

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 …

Sec. 8313. (1) Commercial applicators 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 a…

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 wit…

Sec. 8315. (1) A private agricultural applicator or a commercial applicator, in addition to complying with the other requirements of this part, shall meet 1 or more of the following requirements before engaging in the aerial application of pesticides: (a) Attainment of at least 3…

Sec. 8316. (1) Beginning 1 year after the effective date of the amendatory act that added this subsection, a person shall not apply a pesticide in a school or day care center unless the school or day care center has an integrated pest management program in place for the building.…

Sec. 8316b. (1) The department shall maintain a voluntary registry of individuals who, due to a medically documented condition, are required to be notified before the application of a lawn or ornamental pesticide, other than a general-use ready-to-use pesticide, but only if the a…

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. (c) For a commercial registered applicator, $45.0…

Sec. 8319. (1) The certification and registration of applicators and licensing requirements do not apply to any of the following: (a) Employees of a certified private agricultural applicator while acting under the level of supervision required in this part. (b) Persons applying g…

Sec. 8320. The director may enter into reciprocal agreements with other states or federal agencies for the purpose of accepting certification or registration required for pesticide applicators, if those states or federal agencies have an approved program to certify or register ap…

Sec. 8321. (1) A certificate or license issued by the director does not exonerate the holder from responsibility for damage resulting from misuse of pesticides, such as, but not limited to, overdosing, drifting, or misapplication. (2) A person claiming damages from a pesticide ap…

Sec. 8322. (1) The director may do all of the following: (a) Declare as a pest any form of plant or animal life, except viruses, nematodes, bacteria, or other microorganisms on or in living human beings or other animals, that is injurious to health or the environment. (b) Determi…

Sec. 8323. (1) Upon confirming contamination of groundwater by a pesticide pursuant to part 87 at a single location, the director shall do all of the following: (a) Assist in the coordination of local activities designed to prevent further contamination of groundwater. (b) Conduc…

Sec. 8324. (1) The director shall promulgate a groundwater protection rule that defines the scope and region of implementation of the rule if any of the following occur: (a) A pesticide has been confirmed in groundwater at levels exceeding its groundwater resource response level …

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, t…

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 selecte…

Sec. 8327. (1) When the director has probable cause to believe that an applicator is using or intending to use a pesticide in an unsafe or inadequate manner or in a manner inconsistent with its labeling, the director shall order the applicator to cease the use of or refrain from …

Sec. 8328. (1) Except as otherwise provided in this section, it is the express legislative intent that this part preempt any local ordinance, regulation, or resolution that purports to duplicate, extend, or revise in any manner the provisions of this part. Except as otherwise pro…

Sec. 8329. (1) When the director has reasonable suspicion that a pesticide or device is distributed, stored, transported, offered for sale, or used in violation of this part, the director may issue an order to stop the prohibited conduct. The person shall immediately comply with …

Sec. 8330. (1) Pesticides distributed, transported, sold, or exposed or offered for sale in this state shall be in the registrant's or manufacturer's unbroken immediate container and shall have attached to it a label conforming to the labeling requirements as prescribed under thi…

Sec. 8331. A person shall not give false information in a matter pertaining to this part, or resist, impede, or hinder the director or his or her authorized representatives in the discharge of their duties.

Sec. 8332. A person aggrieved by an order issued pursuant to this part may request a hearing pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws.

Sec. 8333. (1) A person who violates this part is subject to the penalties and remedies provided in this part regardless of whether he or she acted alone or through an employee or agent. (2) The director, upon finding after notice and an opportunity for a hearing that a person ha…

Sec. 8334. The penalties provided for violations of this part do not apply to any of the following: (a) A carrier while lawfully engaged in transporting a pesticide within this state, if the carrier, upon request, permits the director to copy all records showing the transactions …

Sec. 8335. A court shall not allow the recovery of damages from an administrative action taken or an order stopping the sale or use or requiring seizure if the court finds that there was probable cause for the action or order.

Sec. 8336. (1) This part does not terminate or in any way modify any liability, civil or criminal, which is in existence on June 25, 1976. (2) For the purposes of determining any penalty or liability in respect to an act or omission occurring before June 25, 1976, former Act No. …

Sec. 8501. As used in this part: (a) "Adulterated product" means a product that contains any deleterious or harmful substance in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil, or water when applied in accordance with direct…

Sec. 8501a. As used in this part: (a) "Mixed fertilizer" means a fertilizer containing any combination or mixture of fertilizer materials. (b) "Nitrogen fertilizer" means a fertilizer that contains nitrogen as a component. (c) "Official sample" means a sample of fertilizer taken …

Sec. 8502. (1) A packaged fertilizer distributed in this state, including packaged mixed fertilizer and soil conditioner, shall have placed on or affixed to the package or container a label setting forth in clearly legible and conspicuous form the following: (a) The net weight of…

Sec. 8503. (1) The guaranteed analysis shall show the minimum percentage of plant nutrients claimed in the following order and form: (a) Total nitrogen (N). ____% Available phosphate (P2O5). ____% Soluble potash (K2O). ____% (b) When applied to mixed fertilizers, grade shall be g…

Sec. 8504. (1) A person shall not manufacture or distribute fertilizer in this state, except specialty fertilizer and soil conditioners, until the appropriate water quality protection fee provided in section 8715 has been submitted, and except as authorized by a license to manufa…

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 fo…

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 specia…

Sec. 8506a. The director may conduct audits to determine compliance with this part. In conducting audits under this part, the director may contract for the performance of the audit.

Sec. 8507. (1) Each licensee and registrant shall maintain for a period of 3 years a record of quantities and grades of fertilizer and soil conditioner sold or distributed by the licensee or registrant and shall make the records available for inspection and audit during normal bu…

Sec. 8507a. (1) To facilitate continued access to markets for fertilizer, the department may do 1 or both of the following: (a) At the request of a licensee or based upon records voluntarily supplied by a licensee, inspect, audit, or certify locations where fertilizer is manufact…

Sec. 8508. (1) This part does not require the payment of inspection fees for sales or exchanges of fertilizers or soil conditioners between manufacturers who mix fertilizer or soil conditioner materials for sale, or prevent the free and unrestricted shipment of fertilizers or soi…

Sec. 8509. A person shall not do any of the following: (a) Sell or distribute fertilizer or soil conditioner in violation of the requirements of this part or the rules promulgated under this part. (b) Make a guarantee, claim, or representation in connection with the sale of ferti…

Sec. 8510. (1) The director shall inspect, sample, and analyze fertilizers and soil conditioners distributed within this state at a time and place and to the extent necessary to determine compliance with this part. (2) The methods of sampling and analysis under subsection (1) sha…

Sec. 8511. (1) The director, by a duly authorized agent, may select from any package or bulk lot of commercial fertilizer or soil conditioner exposed for sale in this state a sample to be used for the purposes of an official analysis for comparison with the label affixed to the p…