Bill Text: MI HB5957 | 2013-2014 | 97th Legislature | Introduced

Michigan House Bill 5957 (Prior Session Legislation)

Introduced

Bill Title: Agriculture; pesticides; pesticide product registration fee; increase, and revise out-of-state licensee requirements. Amends secs. 8307a, 8310, 8310a, 8312, 8313, 8317, 8504, 8505 & 8506 of 1994 PA 451 (MCL 324.8307a et seq.).

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-12-02 - Printed Bill Filed 11/14/2014 [HB5957 Detail]

Download: Michigan-2013-HB5957-Introduced.html

HOUSE BILL No. 5957

November 13, 2014, Introduced by Reps. Lauwers and Daley and referred to the Committee on Agriculture.

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.

(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.

(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.

(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.

(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 2014

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.

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