reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 221 of 1959 - Certification of Seed (286.71 - 286.75) › Section 286.71 - Certification of Seeds; Definitions.

286.71 Certification of seeds; definitions.
Sec. 1.
As used in this act:
(a) "Seed" means the seed or propagating materials of cereals, grain crops, vegetable crops, oil crops, fiber crops, forage crops, grasses, legumes, turf species, tuberous crops, and other crops used in agricultural products which are produced or processed for the purpose of being sold, offered or exposed for sale, for planting, sowing or seeding processes within this state.
(b) "Certified seed" means the progeny of foundation, registered or certified seed if designated foundation and plant propagating materials that are so handled as to maintain satisfactory genetic identity and purity and have met certification standards required by this act and have been approved and certified by the director upon the advice of official seed certifying agencies.
(c) "Foundation seed" means seed stocks or plant propagating materials that are increased from breeder or designated foundation seed and are so handled as to most nearly maintain specific genetic identity and purity. Foundation seed, established by designation, shall be that seed designated by the agricultural experiment station together with the legal certifying agency and approved by the director of agriculture.
(d) "Breeder seed" means seed or plant propagating material directly controlled by the originating or, in certain cases, the sponsoring plant breeder or institution, and which provides the source of foundation seed.
(e) "Registered seed" means the progeny of foundation or registered seed or plant propagating material that is so handled as to maintain satisfactory genetic identity and purity and that has been approved and certified by the director of agriculture upon the advice of the official certifying agencies. This class of seed shall be of a quality suitable for the production of certified seed.
History:
1959, Act 221, Eff. Mar. 19, 1960
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 221 of 1959 - Certification of Seed (286.71 - 286.75) › Section 286.72 - Director as Legal Seed Certifying Officer; Rules; Standards; Sale and Advertising for Sale of Group of Seed Having Common Characteristics Within Species; Conditions.

286.72 Director as legal seed certifying officer; rules; standards; sale and advertising for sale of group of seed having common characteristics within species; conditions.
Sec. 2.
(1) The director of the department of agriculture is the legal seed certifying officer of this state and may promulgate rules governing the certification of seed as to variety, type, strain, or other genetic character and the labeling of certified seed, and may adopt general seed certification standards in cooperation with certifying agencies. The rules authorized by this section shall be promulgated under 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.
(2) The director of the department of agriculture may permit the sale and advertising for sale as certified seed of a group of seed having common characteristics within a species even though the seed does not meet the requirements of this act or the rules promulgated under this act for certified seed if all of the following conditions are met:
(a) The director determines, with the concurrence of the director of the Michigan agricultural experiment station, that there is an inadequate supply in this state of a group of seed having common characteristics within a species.
(b) The seed has been certified by the official certifying agency of another state and is advertised and sold bearing the state of origin certification.
(c) Reasonable and timely notice is given to persons affected by the director's determination under this subsection.
(3) If the director exercises the authority provided under subsection (2), the director shall issue a list of the seed permitted for sale.
History:
1959, Act 221, Eff. Mar. 19, 1960 ;-- Am. 1986, Act 85, Imd. Eff. Apr. 24, 1986
Admin Rule:
R 285.623.1 et seq. and R 285.628.1 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 221 of 1959 - Certification of Seed (286.71 - 286.75) › Section 286.73 - Official Seed Certifying Agencies; Designation; Fees; Liability.

286.73 Official seed certifying agencies; designation; fees; liability.
Sec. 3.
(1) The director of the department of agriculture shall, after consultation with the dean of agriculture of Michigan state university and the director of the Michigan agricultural experiment station, and after due notice and public hearing, designate official seed certifying agencies that he or she finds qualified to assist and advise him or her in carrying out this act in order to advise as to variety, type, strain, or other genetic characteristics and to recommend standards for agricultural or vegetable seeds or plant propagating materials to be certified and the labeling of the seeds. The director of the department of agriculture shall authorize the designated official seed certifying agencies to charge a fee commensurate with the cost of the seed certification function.
(2) Except as otherwise provided in subsection (3), a person shall not have a cause of action against a designated official seed certifying agency or its agent or employee if the designated seed certifying agency or its agent or employee is engaged in duties permitted by this act and utilizes written and approved procedures and protocols established by the director of the department of agriculture.
(3) A designated official seed certifying agency or its agent or employee is liable for injuries to persons and damages to property under 1 or more of the following circumstances:
(a) The designated official seed certifying agency or its agent or employee failed to follow written procedures and protocols.
(b) The designated seed certifying agency or its agent or employee improperly interpreted the laboratory test results even though the written procedures and protocols were followed.
(c) The actions taken by the designated official seed certifying agency or its agent or employee were not within the scope of its official duties.
History:
1959, Act 221, Eff. Mar. 19, 1960 ;-- Am. 1974, Act 94, Imd. Eff. Apr. 25, 1974 ;-- Am. 1995, Act 66, Imd. Eff. May 31, 1995
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 221 of 1959 - Certification of Seed (286.71 - 286.75) › Section 286.74 - Repealed. 1995, Act 66, Imd. Eff. May 31, 1995.

286.74 Repealed. 1995, Act 66, Imd. Eff. May 31, 1995.
Compiler's Notes:
The repealed section pertained to lists of varieties and hybrids of seeds or materials eligible for certification.
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 221 of 1959 - Certification of Seed (286.71 - 286.75) › Section 286.75 - Violation of Act; Penalty; Seizure of Mislabeled Seeds.

286.75 Violation of act; penalty; seizure of mislabeled seeds.
Sec. 5.
Whoever sells or offers or exposes for sale any seed within this state represented to be or labeled as certified, foundation, registered or breeder seed, as defined in this act, unless it has been produced and labeled in compliance with the rules and regulations promulgated by the director under the provisions of this act, shall be guilty of a misdemeanor. The director or his duly authorized agent is authorized to seize and take possession of such seeds in accordance with the procedure set forth in section 10 of Act No. 314 of the Public Acts of 1923, as amended, being section 286.60 of the Compiled Laws of 1948.
History:
1959, Act 221, Eff. Mar. 19, 1960
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 86 of 1929 - Cherry Pests (286.81 - 286.87) › Section 286.81 - Protection of Cherry Crops.

286.81 Protection of cherry crops.
Sec. 1.
In order to protect the cherry crops of the state from the ravages of the cherry fruit flies (Rhagoletis Cingulata Loew and R. Fausta Osten Sacken) established within the state and now seriously and destructively threatening and infesting cherry orchards within the state, and other cherry pests which are now or may hereafter be established in the state, the commissioner of agriculture shall adopt and carry out such control measures as are deemed advisable and may cooperate with other agencies in the control of these pests.
History:
1929, Act 86, Imd. Eff. Apr. 29, 1929 ;-- CL 1929, 5112 ;-- CL 1948, 286.81
Admin Rule:
R 285.600.1 of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 86 of 1929 - Cherry Pests (286.81 - 286.87) › Section 286.82 - Control Regulations; Enforcement.

286.82 Control regulations; enforcement.
Sec. 2.
The commissioner of agriculture is authorized to adopt, issue and enforce rules and regulations for the control of these pests. Under such rules and regulations, the commissioner of agriculture or his authorized agents may prohibit and prevent the movement within the state without inspection, or the shipment or transportation within the state of any and all cherries or any horticultural product or any other material of any character whatsoever capable of carrying these pests in any living stage of their development, and in the enforcement of such rules and regulations may intercept, stop and detain for official inspection any person, car, vessel, boat, truck, automobile, aircraft, wagon or other vehicle or container believed or known to be carrying the said pests in any living state of their development, in violation of said rules and regulations of the commissioner of agriculture, and may seize, possess and destroy any cherries moved, shipped or transported in violation of the rules and regulations of the commissioner of agriculture.
History:
1929, Act 86, Imd. Eff. Apr. 29, 1929 ;-- CL 1929, 5113 ;-- CL 1948, 286.82
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 86 of 1929 - Cherry Pests (286.81 - 286.87) › Section 286.83 - Right of Access; Unlawful Acts.

286.83 Right of access; unlawful acts.
Sec. 3.
For the purpose of this act the commissioner of agriculture or his authorized agents shall have free access to any farm, field, orchard, garden, elevator, canning factory, warehouse, freight or express office, car, freight yard, vehicle, vessel, boat, container or any other place which for probable cause it may be necessary or desirable for such authorized agents to enter in carrying out the provisions of this act. It shall be unlawful to deny such access to such authorized agents and to hinder, thwart or defeat such inspection or entrance by misrepresentation or concealment of facts or conditions or otherwise.
History:
1929, Act 86, Imd. Eff. Apr. 29, 1929 ;-- CL 1929, 5114 ;-- CL 1948, 286.83
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 86 of 1929 - Cherry Pests (286.81 - 286.87) › Section 286.84 - Violation of Act; Penalty.

286.84 Violation of act; penalty.
Sec. 4.
Any person, copartnership, association or corporation violating any provision of this act or the rules or regulations of the commissioner of agriculture issued and promulgated hereunder shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than 25 dollars nor more than 100 dollars or imprisonment in the county jail for not more than 90 days, or both fine and imprisonment in the discretion of the court.
History:
1929, Act 86, Imd. Eff. Apr. 29, 1929 ;-- CL 1929, 5115 ;-- CL 1948, 286.84
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 86 of 1929 - Cherry Pests (286.81 - 286.87) › Section 286.85 - Treatment by Owner or Commissioner; Expense, Enforcement of Payment.

286.85 Treatment by owner or commissioner; expense, enforcement of payment.
Sec. 5.
The commissioner of agriculture shall have power, and it is made his duty to require on the part of the owner all necessary treatment, by spraying or otherwise, of all cherry trees within the state, whether in field, lot, orchard or elsewhere. The owner or person having charge of cherry trees or cherry orchards shall, within the time limit provided, administer such treatment or cause the same to be administered as set forth in the rules and regulations of the commissioner of agriculture. In case the owner or person in charge of such cherry trees or cherry orchards shall refuse or neglect to carry out any and all instructions given by the commissioner of agriculture within the time limit provided, the commissioner of agriculture or his authorized agents may take the action so required and shall employ such aid as may be necessary to carry out his own orders or those of his inspector or inspectors as the case may be. The commissioner of agriculture shall render a bill against the owner for the full amount of such expenses. If the owner refuses or neglects to pay said bill within 30 days, it shall be certified to the supervisor of the township in which the property on which the work was done, is located. The supervisor shall cause all such expenditures to be severally levied on the lands on which such expenditures were made, and the same shall become a lien upon said land and shall be assessed and collected as other taxes are assessed and collected. When collected, they shall be paid by the collecting official direct to the commissioner of agriculture, who shall deposit the same into the general fund of the state.
History:
1929, Act 86, Imd. Eff. Apr. 29, 1929 ;-- CL 1929, 5116 ;-- CL 1948, 286.85
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 86 of 1929 - Cherry Pests (286.81 - 286.87) › Section 286.86 - Liability of Agent or Employe.

286.86 Liability of agent or employe.
Sec. 6.
In construing and enforcing the provisions of this act, the act, omission, or failure to act of any official, agent or other person acting for or employed by any association, partnership or corporation within the scope of his employment or office, shall in every case be deemed the act, omission or failure to act of such association, partnership or corporation as well as of the person.
History:
1929, Act 86, Imd. Eff. Apr. 29, 1929 ;-- CL 1929, 5117 ;-- CL 1948, 286.86
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 86 of 1929 - Cherry Pests (286.81 - 286.87) › Section 286.87 - Commissioner's Appointment of Assistants and Employes.

286.87 Commissioner's appointment of assistants and employes.
Sec. 7.
The commissioner of agriculture is hereby empowered to appoint such assistants and employes as will be necessary to perform the duties hereby imposed. The number of such assistants and employes and the compensation payable to all persons so appointed and employed being subject to the approval of the state administrative board.
History:
1929, Act 86, Imd. Eff. Apr. 29, 1929 ;-- CL 1929, 5118 ;-- CL 1948, 286.87
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 313 of 1929 - White Pine Blister Rust (286.101 - 286.112) › Section 286.101 - White Pine Blister Rust; Definitions.

286.101 White pine blister rust; definitions.
Sec. 1.
For the purposes of this act the following words, names and terms shall be construed respectively to mean:
(a) Commissioner: The commissioner of agriculture.
(b) Cultivated black currants: Plants, roots, cuttings or scions of Ribes nigrum L.
(c) Currants and gooseberries: Plants, roots, cuttings or scions belonging to the genera Ribes L. and Grossularia (Tourn.) Mill.
(d) White pine blister rust control area: An area established by state authority, wherein the planting and possession of currant and gooseberry plants is prohibited for the purpose of protecting the white pines on such area from damage by white pine blister rust.
(e) Fruiting currant and gooseberry control area: An area established by state authority wherein the planting or possession of white pines is prohibited for the purpose of protecting fruiting currants and gooseberries in such areas from damage by the white pine blister rust.
(f) White pine: Plants of any species belonging to the genus Pinus which bear their needles in clusters of 5.
(g) White pine blister rust: The fungous disease caused by Cronartium ribicola Fischer.
History:
1929, Act 313, Imd. Eff. May 24, 1929 ;-- CL 1929, 5131 ;-- CL 1948, 286.101
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 313 of 1929 - White Pine Blister Rust (286.101 - 286.112) › Section 286.102 - White Pine Blister Rust; Declared Dangerous Pest; Enforcement of Act; Other State Departments.

286.102 White pine blister rust; declared dangerous pest; enforcement of act; other state departments.
Sec. 2.
(1) The fungus disease commonly known as the white pine blister rust caused by the organism Cronartium ribicola Fischer is declared to be a dangerous forest pest in all its stages.
(2) The director of the department of agriculture shall enforce and administer the measures specified in this act for the control of this pest.
(3) All state departments shall cooperate with the department of agriculture in the control and eradication of the white pine blister rust.
History:
1929, Act 313, Imd. Eff. May 24, 1929 ;-- CL 1929, 5132 ;-- CL 1948, 286.102 ;-- Am. 2000, Act 136, Imd. Eff. June 1, 2000
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 313 of 1929 - White Pine Blister Rust (286.101 - 286.112) › Section 286.103 - White Pine Blister Rust; Destruction of Plants.

286.103 White pine blister rust; destruction of plants.
Sec. 3.
Any white pines, currants or gooseberries within the state which are found to be infected with white pine blister rust are hereby declared a public nuisance, and any such diseased plants and any and all wild plants of the genera Ribes and Grossularia, may be destroyed forthwith by order of the commissioner or his agents. Any currants, gooseberries or white pines not infected with white pine blister rust may be destroyed by the commissioner or his agents where necessary in carrying out the purposes of this act.
History:
1929, Act 313, Imd. Eff. May 24, 1929 ;-- CL 1929, 5133 ;-- CL 1948, 286.103
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 313 of 1929 - White Pine Blister Rust (286.101 - 286.112) › Section 286.104 - Cultivated Black Currant Declared Public Nuisance; Destruction.

286.104 Cultivated black currant declared public nuisance; destruction.
Sec. 4.
The cultivated black currant is hereby declared a public nuisance. Planting, possessing, growing, propagating, selling or offering for sale plants, roots, or cuttings of cultivated black currants within the state is hereby prohibited. Such roots, cuttings or plants now planted or growing may be destroyed by the commissioner or his agents.
History:
1929, Act 313, Imd. Eff. May 24, 1929 ;-- CL 1929, 5134 ;-- CL 1948, 286.104
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 313 of 1929 - White Pine Blister Rust (286.101 - 286.112) › Section 286.105 - White Pine Blister Rust; Blister Rust Control Areas; Fruiting Currant and Gooseberry Control Areas; Destruction of Plants, Expense.

286.105 White pine blister rust; blister rust control areas; fruiting currant and gooseberry control areas; destruction of plants, expense.
Sec. 5.
The commissioner is hereby authorized and empowered to promulgate by letter, publication, poster or other means, information concerning the white pine blister rust and to designate by the aforesaid means of promulgation blister rust control areas within the state in which control measures are necessary or advisable. In designating fruiting currant and gooseberry control areas, the commissioner shall use due care to fix their boundaries so as to include areas where currants and gooseberries are grown on a commercial scale and where their value for this purpose is clearly greater than the use of the area for the production of white pine. In designating white pine blister rust control areas, the commissioner shall use due care to fix their boundaries so as to protect white pines on such areas from damage by white pine blister rust. It shall be the duty of every land owner within such designated areas to carry out such control measures as are ordered by the commissioner, including the removal and destruction of any or all wild and cultivated currants and gooseberries or white pines. No currants or gooseberries shall be planted within such white pine blister rust control areas without written permission from the commissioner. No white pines shall be planted within such fruiting currant or gooseberry control areas without written permission of the commissioner. If the owner fails to destroy the above named plants within the time specified by the commissioner, the commissioner shall cause said plants to be destroyed and the expense thereof shall be a lien upon the owner's land. Such lien shall have the same effect and may be collected in the same manner as taxes upon such land. Any moneys so collected shall be paid into the state treasury and credited to the fund provided for this work.
History:
1929, Act 313, Imd. Eff. May 24, 1929 ;-- CL 1929, 5135 ;-- CL 1948, 286.105
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 313 of 1929 - White Pine Blister Rust (286.101 - 286.112) › Section 286.106 - White Pine Blister Rust; Destruction of Plants; Compensation to Owner; Noxious Weeds.

286.106 White pine blister rust; destruction of plants; compensation to owner; noxious weeds.
Sec. 6.
If cultivated currants, gooseberries or white pines which are not infected with white pine blister rust, are destroyed by specific order of the commissioner or his agents, the owner may be compensated therefor, the damages to be appraised by the commissioner or his agents at and not to exceed the actual value of the material destroyed, and paid to said owner by the state treasurer upon authorization of the commissioner: Provided, That any and all wild currants and gooseberries are hereby declared noxious weeds and no compensation shall be paid therefor.
History:
1929, Act 313, Imd. Eff. May 24, 1929 ;-- CL 1929, 5136 ;-- CL 1948, 286.106
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 313 of 1929 - White Pine Blister Rust (286.101 - 286.112) › Section 286.107 - Right of Entry by Commissioner of Agriculture.

286.107 Right of entry by commissioner of agriculture.
Sec. 7.
The commissioner and his agents shall have the right to enter upon any private or public lands to determine the presence or the absence of white pine blister rust in any of its stages and to carry out measures for its control.
History:
1929, Act 313, Imd. Eff. May 24, 1929 ;-- CL 1929, 5137 ;-- CL 1948, 286.107
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 313 of 1929 - White Pine Blister Rust (286.101 - 286.112) › Section 286.108 - White Pine Blister Rust; Co-Operation; Rust Control on State Lands.

286.108 White pine blister rust; co-operation; rust control on state lands.
Sec. 8.
The commissioner may co-operate with the United States department of agriculture, with the department of conservation, and with counties, townships, associations, institutions and individuals for the suppression and control of white pine blister rust, and shall carry on such investigations of the disease and its control as are deemed advisable by the commissioner. The department of conservation shall have control of all state owned lands and it shall be its duty to co-operate with the department of agriculture in the control of the white pine blister rust on all state lands and the expense so incurred shall be borne by the department of conservation.
History:
1929, Act 313, Imd. Eff. May 24, 1929 ;-- CL 1929, 5138 ;-- CL 1948, 286.108
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 313 of 1929 - White Pine Blister Rust (286.101 - 286.112) › Section 286.109 - Entry or Movement of Certain Plants.

286.109 Entry or movement of certain plants.
Sec. 9.
The commissioner is hereby authorized and empowered to prohibit and prevent or regulate the entry into or movement within the state from any part thereof to any other part, of any white pines or any plants of genus Ribes or Grossularia when such plants are to be shipped into blister rust control areas.
History:
1929, Act 313, Imd. Eff. May 24, 1929 ;-- CL 1929, 5139 ;-- CL 1948, 286.109
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 313 of 1929 - White Pine Blister Rust (286.101 - 286.112) › Section 286.112 - Violation of Act; Penalty.

286.112 Violation of act; penalty.
Sec. 12.
Any person violating any of the provisions of this act shall be guilty of a misdemeanor and shall be punished by a fine of not more than 100 dollars or imprisonment for not more than 90 days, and costs of prosecution, or both such fine and imprisonment in the discretion of the court.
History:
1929, Act 313, Imd. Eff. May 24, 1929 ;-- CL 1929, 5142 ;-- CL 1948, 286.112
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 6 of 1919 (Ex. Sess.) - Extermination of Grasshoppers and Similar Pests (286.121 - 286.123) › Section 286.121 - Extermination of Grasshoppers, Similar Pests; County Appropriation.

286.121 Extermination of grasshoppers, similar pests; county appropriation.
Sec. 1.
Whenever there may exist within this state, any scourge, or threatened scourge, of grasshoppers or other similar pests, the board of supervisors of any county is hereby authorized to appropriate money for the purchase of poison and to provide such other means as may to them seem best, for the extermination of such pests.
History:
1919, Ex. Sess., Act 6, Imd. Eff. June 25, 1919 ;-- CL 1929, 5143 ;-- CL 1948, 286.121
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 6 of 1919 (Ex. Sess.) - Extermination of Grasshoppers and Similar Pests (286.121 - 286.123) › Section 286.122 - Extermination of Grasshoppers, Similar Pests; Township Appropriation.

286.122 Extermination of grasshoppers, similar pests; township appropriation.
Sec. 2.
Whenever any board of supervisors shall have purchased any such poison, as in this act provided, the township board of any township within such county is hereby authorized to appropriate money for the spreading of such poison as may be allotted to such township, or to use other means to exterminate such pests.
History:
1919, Ex. Sess., Act 6, Imd. Eff. June 25, 1919 ;-- CL 1929, 5144 ;-- CL 1948, 286.122
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 6 of 1919 (Ex. Sess.) - Extermination of Grasshoppers and Similar Pests (286.121 - 286.123) › Section 286.123 - Expense; Payment.

286.123 Expense; payment.
Sec. 3.
Any expense incurred or money appropriated under this act shall be treated as a general county or township expense, as the case may be, and shall be payable as other general county and township expenses are now payable.
History:
1919, Ex. Sess., Act 6, Imd. Eff. June 25, 1919 ;-- CL 1929, 5145 ;-- CL 1948, 286.123
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Repealed - Act 358 of 1921 - Destruction of Grasshoppers and Similar Pests (286.131 - 286.135)

DESTRUCTION OF GRASSHOPPERS AND SIMILAR PESTS
Act 358 of 1921
286.131-286.135 Repealed. 2002, Act 155, Imd. Eff. Apr. 8, 2002.
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Repealed - Act 254 of 1913 - Insecticides and Fungicides (286.151 - 286.160)

INSECTICIDES AND FUNGICIDES
Act 254 of 1913
286.151-286.160 Repealed. 1949, Act 297, Eff. Sept. 23, 1949.
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Repealed - Act 297 of 1949 - The Insecticide, Fungicide, and Rodenticide Act of 1949 (286.161 - 286.173)

THE INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT OF 1949
Act 297 of 1949
286.161-286.173 Repealed. 1976, Act 171, Imd. Eff. June 25, 1976.
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Repealed - Act 116 of 1978 - The John C. Hertel Toxic Substance Control Commission Act (286.181 - 286.194)

THE JOHN C. HERTEL TOXIC SUBSTANCE CONTROL COMMISSION ACT
Act 116 of 1978
286.181-286.194 Repealed. 2015, Act 210, Eff. Mar. 14, 2016.
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 189 of 1931 - The Insect Pest and Plant Disease Act (286.201 - 286.228) › Section 286.201 - Insect Pest and Plant Disease Act; Short Title.

286.201 Insect pest and plant disease act; short title.
Sec. 1.
This act shall be known by the short title of "The insect pest and plant disease act."
History:
1931, Act 189, Eff. Sept. 18, 1931 ;-- CL 1948, 286.201
Former Law:
See Act 91 of 1905, being CL 1915, §§ 7411 to 7432; Act 187 of 1917; Act 60 of 1919; Act 241 of 1921; Act 279 of 1913; and Act 142 of 1927, being CL 1929, §§ 5083 to 5111.
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 189 of 1931 - The Insect Pest and Plant Disease Act (286.201 - 286.228) › Section 286.203 - Inspection of Nursery and Other Premises; Right of Access.

286.203 Inspection of nursery and other premises; right of access.
Sec. 3.
The director or his deputies shall have authority to inspect any nursery, orchard, fruit or garden plantation, field, park, cemetery, private premises or public place, and any place which might become infested or infected with insect pests or diseases. He shall also have authority to inspect or to reinspect at any time or place any nursery stock shipped in or into the state, and to treat it as hereinafter provided. For the purpose of inspection and carrying out the provisions of this act or any rule, regulation, order or quarantine made or promulgated in pursuance of this act, the officers and employees of the department of agriculture shall have authority to stop any vehicle or other means of conveyance found carrying nursery stock on the public highways and shall have free access in the daytime to any nursery, orchard, garden, field, packing ground, building, cellar, freight or express office, warehouse, car or other vehicle, vessel or other place where it may be necessary or desirable for them to go, or which it may be necessary for them to inspect or treat in the performance of their duties, except cellar and rooms of private residences. It shall be unlawful to deny such access to the officers and employees of the department of agriculture, or to offer any resistance to such officers and employees, or to thwart or hinder such inspection by misrepresenting or concealing facts or conditions, or otherwise.
History:
1931, Act 189, Eff. Sept. 18, 1931 ;-- CL 1948, 286.203 ;-- Am. 1961, Act 239, Eff. Sept. 8, 1961
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 189 of 1931 - The Insect Pest and Plant Disease Act (286.201 - 286.228) › Section 286.204 - Inspection of Stock Before Sale; Application; Assumed Name.

286.204 Inspection of stock before sale; application; assumed name.
Sec. 4.
A person desiring to sell or give away nursery stock in this state shall apply in writing before April 1 of each year to the director for the inspection of the nursery stock growing in this state. A person that fails to apply for the inspection of nursery stock as required under this section is liable for the additional expense of the department for the inspection of the nursery stock. The application shall be submitted under the true name of the person. If an assumed name is used, the proprietor's name and address shall also appear on the application and in all advertising or printed matter used or distributed.
History:
1931, Act 189, Eff. Sept. 18, 1931 ;-- CL 1948, 286.204 ;-- Am. 1955, Act 255, Eff. Oct. 14, 1955 ;-- Am. 1961, Act 239, Eff. Sept. 8, 1961 ;-- Am. 2012, Act 106, Imd. Eff. Apr. 24, 2012
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 189 of 1931 - The Insect Pest and Plant Disease Act (286.201 - 286.228) › Section 286.205 - Nursery Stock From Foreign Country; Inspection.

286.205 Nursery stock from foreign country; inspection.
Sec. 5.
Every person, firm, partnership, association or corporation receiving directly or indirectly any nursery stock or other living plants or living plant parts for or capable of propagation from a foreign country shall notify the director of the arrival of such shipment, of the contents thereof, and of the name of the consignor, and shall hold such shipment in the original container not over 10 days, within which time such shipment shall be duly inspected or released by the director.
History:
1931, Act 189, Eff. Sept. 18, 1931 ;-- CL 1948, 286.205 ;-- Am. 1961, Act 239, Eff. Sept. 8, 1961
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 189 of 1931 - The Insect Pest and Plant Disease Act (286.201 - 286.228) › Section 286.207 - Withholding Certificate; Precautions; Fraud, Investigation, Revocation of License.

286.207 Withholding certificate; precautions; fraud, investigation, revocation of license.
Sec. 7.
If the director finds that part of a nursery is infested or infected with insect pests or plant diseases and that the remainder of it is not so infested or infected, or if he has reason to believe that a nursery is liable, by reason of its proximity to infested or infected premises, to become so infested or infected before the next inspection, he may prescribe in writing such measures of precaution, or may make in writing such conditions as to the use of his certificate as may in his judgment be necessary, and he may withhold a certificate until such conditions have been accepted in writing by the owner of the nursery; and the use of such certificate without taking such measures of precaution or observing such conditions shall subject the owner of said nursery to the penalties prescribed for violation of this act. In any case coming to the attention of the director in which a nurseryman, dealer, plant grower or agent furnishing or selling nursery stock appears to be guilty of fraudulent practice, the director shall have authority to make such investigation as he may deem proper and proceed with such prosecution as may be necessary for the protection of the interests of the buying public, and, in addition, the director may revoke his license.
History:
1931, Act 189, Eff. Sept. 18, 1931 ;-- Am. 1933, Act 246, Imd. Eff. July 10, 1933 ;-- CL 1948, 286.207 ;-- Am. 1955, Act 255, Eff. Oct. 14, 1955 ;-- Am. 1961, Act 239, Eff. Sept. 8, 1961
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 189 of 1931 - The Insect Pest and Plant Disease Act (286.201 - 286.228) › Section 286.208 - Sale of Dead or Weakened Nursery Stock; Penalty.

286.208 Sale of dead or weakened nursery stock; penalty.
Sec. 8.
Only sound, healthy nursery stock stored or displayed under conditions which will maintain its vigor shall be offered for sale. Offering for sale of dead nursery stock or of stock so seriously weakened by drying, excessive heat or cold, or any other condition that makes it unable to grow satisfactorily when given reasonable care, or the verbal or printed misrepresentation of any material fact, including but not limited to the size, grade, quality, condition or hardiness of nursery stock offered for sale or sold, shall be unlawful.
History:
1931, Act 189, Eff. Sept. 18, 1931 ;-- CL 1948, 286.208 ;-- Am. 1961, Act 239, Eff. Sept. 8, 1961
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 189 of 1931 - The Insect Pest and Plant Disease Act (286.201 - 286.228) › Section 286.210 - Licenses to Sell Nursery Stock; Buyers and Dealers; Certificate to Deal in Inspected Stock, Number of Licenses.

286.210 Licenses to sell nursery stock; buyers and dealers; certificate to deal in inspected stock, number of licenses.
Sec. 10.
Every dealer within the meaning of this act, engaged in the buying and selling of nursery stock in this state, shall secure a license and certificate, first certifying to the director in writing that he will buy and sell only stock which has been duly inspected and certified by the director, or by an inspector approved by the director, and that he will maintain with the director a list of all sources from which he secures his stock. Dealers or nurserymen distributing nursery stock directly or on a consignment basis from more than 1 store or place of business, sales ground or heeling-in ground, or selling nursery stock from motor vehicles or other vehicles traveling about the state, shall secure a license for each place or each traveling vehicle from which nursery stock is sold or distributed, and the licensees described in this section shall pay the inspection fees as provided in this act for each such place.
History:
1931, Act 189, Eff. Sept. 18, 1931 ;-- Am. 1933, Act 246, Imd. Eff. July 10, 1933 ;-- Am. 1935, Act 232, Eff. Sept. 21, 1935 ;-- Am. 1937, Act 71, Imd. Eff. June 11, 1937 ;-- CL 1948, 286.210 ;-- Am. 1955, Act 255, Eff. Oct. 14, 1955 ;-- Am. 1961, Act 239, Eff. Sept. 8, 1961
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 189 of 1931 - The Insect Pest and Plant Disease Act (286.201 - 286.228) › Section 286.211 - Nonresident Nurseryman, Dealer, or Grower; License Required; Fee; Waiver; Reciprocal Agreements; Violation as Grounds for Denial of Right to Ship Nursery Stock.

286.211 Nonresident nurseryman, dealer, or grower; license required; fee; waiver; reciprocal agreements; violation as grounds for denial of right to ship nursery stock.
Sec. 11.
(1) Each nonresident nurseryman, dealer, or grower, who solicits or takes orders for or sells nursery stock in this state through resident or nonresident agents, shall each year obtain a license from the director, for which the fee shall be as prescribed in section 9. The director may waive the license fee requirement if there is a reciprocal agreement with the appropriate authority of the state in which the applicant's principal place of business is located waiving the requirements for Michigan nurserymen, plant growers, or dealers in that state. The director may enter into reciprocal agreements with responsible officers of other states under which nursery stock owned or handled by nurserymen, plant growers, or dealers of those states may be sold in this state without the payment of the license fee provided for in this section.
(2) The director may deny an out-of-state nurseryman or nursery stock dealer the right to ship nursery stock into this state if the department of agriculture determines that the nurseryman or nursery stock dealer has violated this act or a rule promulgated under this act.
History:
1931, Act 189, Eff. Sept. 18, 1931 ;-- Am. 1933, Act 246, Imd. Eff. July 10, 1933 ;-- Am. 1937, Act 71, Imd. Eff. June 11, 1937 ;-- CL 1948, 286.211 ;-- Am. 1955, Act 255, Eff. Oct. 14, 1955 ;-- Am. 1956, Act 172, Imd. Eff. Apr. 16, 1956 ;-- Am. 1961, Act 239, Eff. Sept. 8, 1961 ;-- Am. 1976, Act 235, Imd. Eff. Aug. 4, 1976 ;-- Am. 1984, Act 88, Imd. Eff. Apr. 19, 1984 ;-- Am. 2007, Act 84, Imd. Eff. Sept. 30, 2007
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 189 of 1931 - The Insect Pest and Plant Disease Act (286.201 - 286.228) › Section 286.212 - Repealed. 2016, Act 254, Eff. Sept. 26, 2016.

286.212 Repealed. 2016, Act 254, Eff. Sept. 26, 2016.
Compiler's Notes:
The repealed section pertained to license to sell nursery stocks.
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 189 of 1931 - The Insect Pest and Plant Disease Act (286.201 - 286.228) › Section 286.213 - Revocation, Suspension or Withholding of License or Certificate; Hearing; Appeal.

286.213 Revocation, suspension or withholding of license or certificate; hearing; appeal.
Sec. 13.
The commissioner of agriculture shall at any time have the power to withhold, suspend or revoke any license or certificate for sufficient cause, including any violation of this act or non-conformity with any rule or regulation promulgated under this act. Before withholding, suspending or revoking any license or certificate, the commissioner of agriculture shall give written notice to the applicant for or holder of such license or certificate, stating that he contemplates the withholding, suspending or revocation of same and giving his reasons therefor. Said notice shall appoint a time of hearing before said commissioner and shall be mailed by registered mail to the party holding the license or certificate. On the day of hearing, the respondent may present such evidence to the commissioner as he deems fit, and after hearing all the testimony, the commissioner shall decide the question in such manner as to him appears just and right. The respondent, if he feels aggrieved at the decision of the commissioner, may appeal from said decision within 10 days to the circuit court of the county where respondent resides, and issue shall be framed in said court and a trial had and its decision shall be final, unless appeal is had to the supreme court, in which event the said appeal shall conform to the court practice of appeals in civil cases.
History:
1931, Act 189, Eff. Sept. 18, 1931 ;-- Am. 1939, Act 332, Eff. Sept. 29, 1939 ;-- CL 1948, 286.213
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 189 of 1931 - The Insect Pest and Plant Disease Act (286.201 - 286.228) › Section 286.214 - Revocation, Suspension or Withholding of License or Certificate; Hearing, Order of Revocation; Penalty for Wrongful Use of License on Certificate, Withholding.

286.214 Revocation, suspension or withholding of license or certificate; hearing, order of revocation; penalty for wrongful use of license on certificate, withholding.
Sec. 14.
If it is found that any license or certificate issued or approved by the commissioner of agriculture is being used in connection with nursery stock or other plants which have not been inspected, or which are infested with insect pests or infected with plant diseases, or which are being sold and delivered without treatment being given or other precautionary measures prescribed by the commissioner of agriculture being observed by the owner, or is being used by persons other than the one to whom it was issued with the knowledge of the owner without permission of the commissioner of agriculture, the commissioner of agriculture may require the owner of such license or certificate to appear before him, on a date specified, for a hearing to show cause why his license or certificate should not be revoked. If after such hearing, the commissioner of agriculture finds that such license or certificate has been wrongfully used in 1 or more of the ways specified in this section, or if the owner of such license or certificate fails to appear at such hearing he may issue an order revoking such license or certificate and the owner's license and the use of such certificate or license after it has been revoked, shall be unlawful and shall subject the owner thereof to the penalty prescribed in section 26 of this act. The commissioner of agriculture may withhold a license or certificate of inspection from any person applying for the same if such person fails to comply with the requirements of the commissioner of agriculture with reference to freeing his nursery and premises of injurious insect pests and plant diseases and may refuse to certify a nursery if the same is in such condition that it can not be adequately inspected.
History:
1931, Act 189, Eff. Sept. 18, 1931 ;-- CL 1948, 286.214
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 189 of 1931 - The Insect Pest and Plant Disease Act (286.201 - 286.228) › Section 286.215 - Tags on Stock; Inspection of Imported Stock on Request; Expense.

286.215 Tags on stock; inspection of imported stock on request; expense.
Sec. 15.
It shall be unlawful for any person, firm, partnership, association or corporation to bring or cause to be brought into this state, or to transport or ship within this state, any nursery stock unless there is plainly and legibly marked thereon or affixed thereto, or on, or to the car or other vehicle carrying, or on the bundle, package, or other container of the same, in a conspicuous place, a statement or a tag or other device showing the names and addresses of the consignor or shipper, and the consignee or person to whom shipped, the general nature of the contents, as well as labels upon each variety as to name and grade as approved by the American Association of Nurserymen and such stock shall be in a live and vigorous condition and of the grade specified, together with a certificate of inspection of the proper official of the state, territory, district, or country from which it was brought or shipped: Provided, however, That if persons to whom stock has been shipped believe said stock to be infected with a contagious disease or infested with a dangerous insect or that said stock does not meet the approved grades, he may call upon the commissioner of agriculture to inspect said stock, and the expenses incurred in making such inspection are paid by such person. Such stock may be shipped to the commissioner of agriculture with all transportation charges prepaid, for inspection without any additional expense to the owner other than transportation, drayage and other storage charges when such charges are necessarily incurred.
History:
1931, Act 189, Eff. Sept. 18, 1931 ;-- Am. 1935, Act 232, Eff. Sept. 21, 1935 ;-- Am. 1937, Act 71, Imd. Eff. June 11, 1937 ;-- CL 1948, 286.215 ;-- Am. 1955, Act 255, Eff. Oct. 14, 1955
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 189 of 1931 - The Insect Pest and Plant Disease Act (286.201 - 286.228) › Section 286.216 - Tags on Stock; Certificate of Inspection; Unlawful Transportation; Report to Commissioner.

286.216 Tags on stock; certificate of inspection; unlawful transportation; report to commissioner.
Sec. 16.
Every person, firm, partnership, association or corporation who sells or gives away nursery stock in this state is hereby required to attach to the outside of each package, box, bale or carload shipped or otherwise delivered, a tag or poster on which shall appear an exact copy of his valid certificate. It shall be unlawful for any carrier, or driver, or owner of a truck or other vehicle to accept for shipment, or transportation, or to transport any nursery stock from place to place within this state unless such nursery stock has attached thereto a valid official certificate of inspection showing that such stock has been inspected and found apparently free from injurious pests and plant diseases, or that the shipment has been authorized by the commissioner of agriculture: Provided, That nursery stock consigned to the commissioner of agriculture may be offered and accepted for shipment, and shipped without such certificate. In case any nursery stock is shipped or transported by any carrier in this state or into this state from another state, country or province without a valid certificate plainly affixed as aforesaid, the fact shall be promptly reported to the commissioner of agriculture by the person, firm, partnership, association or corporation carrying the same, together with the names of the consignor and the consignee and the nature of the shipment, and such carrier shall return it to the consignor, hold it for instructions from the commissioner of agriculture, or send it to the commissioner of agriculture, with the transportation charges prepaid, for inspection. Any person, firm, partnership, association or corporation receiving nursery stock transported from any point within the state, or any other state, country or province, without a valid certificate affixed as aforesaid, shall at once notify the commissioner of agriculture of the fact, and shall not allow such nursery stock to leave his possession until it has been inspected or released by the commissioner of agriculture, and the expenses incurred in making such inspection are paid by such person, firm, partnership, association or corporation. Such stock may be shipped to the commissioner of agriculture, with all transportation charges prepaid, for inspection without any additional expense to the owner other than transportation, drayage and storage charges when such charges are necessarily incurred.
History:
1931, Act 189, Eff. Sept. 18, 1931 ;-- CL 1948, 286.216 ;-- Am. 1955, Act 255, Eff. Oct. 14, 1955