reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 189 of 1931 - The Insect Pest and Plant Disease Act (286.201 - 286.228) › Section 286.216a - Definitions; Sale, Distribution, or Use of Purple Loosestrife.

286.216a Definitions; sale, distribution, or use of purple loosestrife.
Sec. 16a.
(1) As used in this section:
(a) "Person" means an individual, partnership, corporation, association, governmental entity, or any other legal entity.
(b) "Purple loosestrife" means a nonnative member of the genus Lythrum, or hybrid of that genus.
(2) Except as otherwise provided in this section, in this state, a person shall not sell, offer to sell, or distribute seed from purple loosestrife.
(3) In this state, a person shall not sell at retail or offer to sell at retail any nonnative cultivars of the genus Lythrum, or hybrids of that genus, except for the cultivars of Lythrum virgatum commercially known as rose queen, the rocket, morden pink, morden gleam, morden rose, dropmore purple, or columbia pink.
(4) As of January 1, 1997, retail sales of purple loosestrife are not allowed in this state except for cultivars developed and recognized to be sterile and approved by the director of the department of agriculture.
(5) Notwithstanding subsection (2), (3), or (4), the department of agriculture may issue a permit authorizing a person to conduct research using purple loosestrife.
History:
Add. 1995, Act 182, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 189 of 1931 - The Insect Pest and Plant Disease Act (286.201 - 286.228) › Section 286.217a - Access to Markets for Nursery Stock; Certificate of Free Sale; Application; Fees; "Certificate of Free Sale" Defined.

286.217a Access to markets for nursery stock; certificate of free sale; application; fees; "certificate of free sale" defined.
Sec. 17a.
(1) To facilitate continued access to markets for nursery stock, the department may do 1 or both of the following:
(a) At the request of a nursery dealer, nursery grower, or plant grower or based upon records voluntarily supplied by a nursery dealer, nursery grower, or plant grower, inspect, audit, or certify nurseries in this state.
(b) Issue certificates of free sale under subsection (3).
(2) A nursery dealer, nursery grower, or plant grower shall submit an application for a certificate of free sale on a form and in a manner prescribed by the department.
(3) The department shall grant or deny an application for a certificate of free sale within 10 business days after the department receives a completed application under subsection (2) and the application fee under subsection (4). If the department determines that the application meets the requirements of this act and the rules promulgated under this act, the department shall issue a certificate of free sale. If the department determines that the application does not meet the requirements of this act or the rules promulgated under this act, the department shall deny the application and send a written notice to the nursery dealer, nursery grower, or plant grower stating the reasons for the denial.
(4) If a certificate of free sale is issued under subsection (3), the nursery dealer, nursery grower, or plant grower shall pay the department the following fees, as applicable:
(a) An application fee, $60.00.
(b) A duplicate copy of a certificate of free sale, $10.00.
(5) A fee collected under subsection (4) must be deposited in the agriculture licensing and inspection fees fund created in section 9.
(6) A certificate of free sale issued under this section is valid for 1 year.
(7) As used in this section, "certificate of free sale" means a document that is issued by the department that verifies that the nursery stock listed is propagated, grown, or cultivated within this state for at least 28 days and is legally sold or distributed in this state and on the open market with the approval of the department.
History:
Add. 2022, Act 130, Imd. Eff. June 29, 2022
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 189 of 1931 - The Insect Pest and Plant Disease Act (286.201 - 286.228) › Section 286.218 - Nuisances; Public Places Kept Free From Injurious Insect Pests and Plant Diseases; Insects, Fungi, Bacteria, Nematodes, Viruses or Living Plant Parasitic Organisms; Permits.

286.218 Nuisances; public places kept free from injurious insect pests and plant diseases; insects, fungi, bacteria, nematodes, viruses or living plant parasitic organisms; permits.
Sec. 18.
(a) All injurious insect pests and plant diseases which are liable to spread to other plants, plant products or places to the injury thereof, or to the injury of man and animals, and all trees, shrubs, vines, fruit plants, cuttings, scions, grafts, plants and plant parts, plant products and places within this state, infested with such injurious insect pests and plant diseases, and all species and varieties of trees, shrubs, vines, and other plants not essential to the welfare of the people of the state which may serve as favorable host plants, and promote the prevalence and abundance of insect pests and plant diseases, or any stage thereof, destructively injurious to other plants essential to the welfare of the people of the state, are hereby declared to be a nuisance; and all persons owning or controlling lands or places in this state, and all public authorities having jurisdiction over streets, highways, parks, and other public places shall keep the same free from all injurious insect pests and plant diseases and all species and varieties of plants declared by the provisions of this section to be a nuisance.
(b) No person shall sell, barter, offer for sale, or move, transport, deliver, ship, or offer for shipment, into or within this state any living insects in any stage of their development, or living fungi, bacteria, nematodes, viruses or other living plant parasitic organisms without first obtaining a permit from the commissioner of agriculture. Such permit shall be issued only after the commissioner of agriculture has determined that the insects or living bacteria, fungi, nematodes, viruses or other plant parasitic organisms in question are not injurious to plants or plant products, if not already present in the state, or have not been found to be seriously injurious to warrant their being refused entrance or movement, if known to be already established within the border of the state: Provided, That the commissioner of agriculture may at his discretion exempt the sale and transportation of specific insects, fungi, bacteria, and other plant parasitic organisms from the provisions of this section if such sale and transportation is not considered harmful to the health and welfare of the people of the state.
History:
1931, Act 189, Eff. Sept. 18, 1931 ;-- CL 1948, 286.218 ;-- 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 286.219 - Barberry, Mahonia or Mahoberberis Bushes Subject to Black Stem Rust of Small Grains; Destruction; Rules.

286.219 Barberry, mahonia or mahoberberis bushes subject to black stem rust of small grains; destruction; rules.
Sec. 19.
It shall be unlawful for any person or persons, firm or corporation to keep upon their premises or upon any premises under their control or charge any barberry, mahonia or mahoberberis bushes, which are subject to the attack of black stem rust of small grains. If the commissioner of agriculture or his assistants, shall find upon any premises any mahonia, mahoberberis or barberry varieties of species subject to the black stem rust of small grains, they are hereby authorized to destroy the same without indemnity to the property owner. The commissioner of agriculture is hereby authorized to promulgate rules and regulations relative to the sale, distribution, transportation or planting of barberry, mahonia and mahoberberis plants or parts thereof and seeds and the movement, planting or growing of black stem rust susceptible species and varieties of barberry, mahonia or mahoberberis shall be deemed a violation of this act.
History:
1931, Act 189, Eff. Sept. 18, 1931 ;-- Am. 1933, Act 246, Imd. Eff. July 10, 1933 ;-- CL 1948, 286.219 ;-- Am. 1955, Act 255, Eff. Oct. 14, 1955
Admin Rule:
R 285.617.1 of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 189 of 1931 - The Insect Pest and Plant Disease Act (286.201 - 286.228) › Section 286.219a - Chokecherry Harmful to Peach or Cherry Trees Prohibited; Destruction; Rules.

286.219a Chokecherry harmful to peach or cherry trees prohibited; destruction; rules.
Sec. 19a.
(1) A person, firm, association, corporation, or partnership shall not keep upon premises owned or under the control of the person, firm, association, corporation, or partnership a chokecherry, prunus virginiana, which, in the judgment of the director, would be harmful to peach or cherry trees in the area.
(2) For the purposes of this act, a chokecherry within a distance that the director shall establish shall be considered primary host for "X" disease, yellow red virosis, whether or not the chokecherry shows visible symptoms of the disease. The director or the director's assistant may destroy the chokecherry without indemnity to the property owner. The director shall promulgate rules concerning the sale, distribution, transportation, or planting of chokecherry seeds and plants or the parts of the plants. The movement, planting, or growing of chokecherry which is in violation of the rules constitutes a violation of this act.
(3) The director shall promulgate rules that will allow the owner of peach or cherry trees to enter on the property of another, upon the permission of that property owner, to destroy a chokecherry that the director or the director's assistant believes should be destroyed. The owner of the property upon which the chokecherry is located shall be held harmless for an accident that may occur while a person is working on the property in accordance with this act.
History:
Add. 1978, Act 123, Imd. Eff. Apr. 25, 1978
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 189 of 1931 - The Insect Pest and Plant Disease Act (286.201 - 286.228) › Section 286.221 - Inspection of Public Grounds; Application, Payment of Expense.

286.221 Inspection of public grounds; application, payment of expense.
Sec. 21.
Any municipality, park board, or other board or person in control of public grounds may apply to the commissioner of agriculture for an inspection of the same with reference to the presence of insect pests or plant diseases; and upon receipt of such application, or as soon thereafter as may be conveniently practicable, the commissioner of agriculture shall comply with such request, and send to such applicant a statement as to the facts disclosed, with any recommendations which the commissioner of agriculture may deem pertinent. The expense of the special inspection shall be paid by the applicant.
History:
1931, Act 189, Eff. Sept. 18, 1931 ;-- CL 1948, 286.221
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 189 of 1931 - The Insect Pest and Plant Disease Act (286.201 - 286.228) › Section 286.222 - Inspection of Plants and Plant Products Before Interstate Shipment; Request; Expenses; Certificate.

286.222 Inspection of plants and plant products before interstate shipment; request; expenses; certificate.
Sec. 22.
A person that wishes to ship plants or plant products into another state or country may request that the director inspect the plants or plant products for insect pests or diseases or other factors likely to prevent the acceptance of the plants or plant products in that state or country. The request shall include an agreement to pay in full the expenses of the inspection. Upon receipt of a request and agreement under this section, or as soon thereafter as may be conveniently practicable, the director shall comply with the request and, upon the receipt of the expenses of the inspection, shall issue to the applicant a certificate to the facts disclosed.
History:
1931, Act 189, Eff. Sept. 18, 1931 ;-- CL 1948, 286.222 ;-- Am. 1955, Act 255, Eff. Oct. 14, 1955 ;-- 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 286.223 - Quarantine; Enforcement, Hearing, Notice.

286.223 Quarantine; enforcement, hearing, notice.
Sec. 23.
The commissioner of agriculture when he shall find that there exists in any other state, territory, or district, or part thereof any dangerous plant disease or insect infestation with reference to which the secretary of agriculture of the United States has not determined that a quarantine is necessary and duly established such quarantine, he is hereby authorized to promulgate, and to enforce by appropriate rules and regulations, a quarantine prohibiting or restricting the transportation into or through the state, or any portion thereof, from such other state, territory, or district, of any class of nursery stock, plant, fruit, seed, or other article of any character whatsoever, capable of carrying such plant disease or insect infestation. The commissioner of agriculture is hereby authorized to make rules and regulations for the seizure, inspection, disinfection, destruction, or other disposition of any nursery stock, plant, fruit, seed, or other article of any character whatsoever, capable of carrying any dangerous plant disease or insect infestation, a quarantine with respect to which shall have been established by the secretary of agriculture of the United States, and which have been transported to, into or through this state in violation of such quarantine. The notice of any hearing and the promulgation of any quarantine provided for in this section shall be by publication in 1 or more newspapers in circulation in the area affected: Provided, That any person within the state holding a license under the provisions of this act shall be mailed notice of such hearing or promulgation by the commissioner of agriculture. The commissioner of agriculture is hereby authorized and empowered to seize and hold for use as evidence any article or thing found in the possession of or used, held for shipment, shipped, offered for sale or sold by any person in violation of any of the provisions of this act.
History:
1931, Act 189, Eff. Sept. 18, 1931 ;-- Am. 1939, Act 332, Eff. Sept. 29, 1939 ;-- CL 1948, 286.223
Admin Rule:
R 285.606.1 and R 285.620.1 of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 189 of 1931 - The Insect Pest and Plant Disease Act (286.201 - 286.228) › Section 286.223a - Rules.

286.223a Rules.
Sec. 23a.
The director may promulgate rules to implement this act pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.315 of the Michigan Compiled Laws.
History:
Add. 1984, Act 88, Imd. Eff. Apr. 19, 1984
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 189 of 1931 - The Insect Pest and Plant Disease Act (286.201 - 286.228) › Section 286.223b - Rescission of R 285.607, R 285.611, R 285.613, and R 285.618.

286.223b Rescission of R 285.607, R 285.611, R 285.613, and R 285.618.
Sec. 23b.
R 285.607, R 285.611, R 285.613, and R 285.618 of the Michigan administrative code are rescinded.
History:
Add. 2012, Act 97, Imd. Eff. Apr. 12, 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 286.224 - Violation of Act; Penalty, Quarantine, Misdemeanor.

286.224 Violation of act; penalty, quarantine, misdemeanor.
Sec. 24.
Any person, firm, partnership, association or corporation violating any of the provisions of this act or of any quarantine, or rules or regulations supplemental thereto, issued by the commissioner of agriculture in pursuance of this section shall be deemed guilty of a misdemeanor and subject to the penalties prescribed in section 26 of this act.
History:
1931, Act 189, Eff. Sept. 18, 1931 ;-- CL 1948, 286.224 ;-- 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 286.225 - Review of Rule or Order; Appeal to Circuit Court.

286.225 Review of rule or order; appeal to circuit court.
Sec. 25.
Any person, firm, partnership, association or corporation affected by any rule, regulation or order made or served pursuant to this act may have a review of the same by the commissioner of agriculture and from his decision may appeal to the circuit court for the purpose of having such rule, regulation or order modified or suspended. Application for such review may be made to the commissioner of agriculture in writing within 10 days after the receipt of notice of such rule, regulation or order; and such review shall be allowed and considered by the commissioner of agriculture at such time and place and under rules and regulations as the commissioner of agriculture may prescribe.
History:
1931, Act 189, Eff. Sept. 18, 1931 ;-- CL 1948, 286.225 ;-- 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 286.226 - Violation of Act; Penalty.

286.226 Violation of act; penalty.
Sec. 26.
Any person, firm, partnership, association or corporation who shall violate any of the provisions of this act with reference to the sale, shipment, transportation, receipt or delivery of nursery stock without inspection or certificate, or with reference to treatment of nursery stock, plants, plant products, or other property, or who shall forge, counterfeit, deface, alter, destroy or wrongfully use a certificate provided for in this act, or who shall use a certificate belonging to another person without the consent of the commissioner of agriculture; or who shall use a certificate after it has been revoked or has expired; or who fails to secure a license as provided for in section 9 of this act; or who shall violate any quarantine, or rule, regulation or order of the commissioner of agriculture provided for in this act; or who shall maintain a nuisance after receiving notice from the commissioner of agriculture to abate the same, or shall fail or neglect to use such measures of arrest and control of injurious insect pests and plant diseases as are required of him by the commissioner of agriculture; or who shall offer any hindrance or resistance to the carrying out of this act, or shall violate any other provision thereof, shall be adjudged guilty of a misdemeanor, and upon conviction be fined not less than $25.00 nor more than $100.00 for each and every offense, or if the fine is not paid, a prison sentence in the county jail may be authorized at the discretion of the court.
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 ;-- CL 1948, 286.226 ;-- Am. 1955, Act 255, Eff. Oct. 14, 1955
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 72 of 1945 - Insect Pests and Plant Diseases (286.251 - 286.260) › Section 286.251 - Examinations for Insects or Infectious Diseases; Marking; Notice to Destroy, Posting; Appeals.

286.251 Examinations for insects or infectious diseases; marking; notice to destroy, posting; appeals.
Sec. 1.
It shall be the duty of the commissioner of agriculture whenever it comes to his attention that any of the dangerous insects or infectious diseases exist or are supposed to exist within this state to proceed without delay to examine the trees, shrubs, vines, plants, or fruits supposed to be infested or infected and all other such trees, shrubs, vines, plants, or fruit as he may deem advisable. If upon examination destructive insects or dangerously infectious diseases are found to exist, a distinguishing mark shall be placed on the trees, shrubs, vines, or plants and a written notice shall be served upon the owner or his agent with recommendations. When the owner or his agents cannot be found it shall be the duty of the commissioner of agriculture or his deputies to give general notice in the following manner to every owner, possessor, or occupier of land and to every person or persons, firm or corporation having charge of any land in this state, whereon neglected, abandoned, or semi-abandoned fruit trees are growing, to cut and destroy such plants; 4 notices each not less than 1 foot square shall be printed in clear readable type and posted 1 in each of 4 conspicuous places in the area, at least 1 to be on the property. The posting of such notices shall take place at least 15 days prior to the date upon which the trees must be cut. At the time of posting said notices a copy of the same shall be mailed to every owner, possessor or occupant or occupier of land and to every person or persons, firm or corporation financially interested therein, or having charge of any lands in this state, whereon neglected or abandoned trees are growing, whose postoffice address is known.
In case the owner refuses to accept the opinion of the inspector or inspectors, regarding the nature of an insect or a disease, or the remedy that shall be employed he may appeal, within 10 days, to the commissioner of agriculture by serving a written notice of such appeal. The commissioner of agriculture shall as soon as practicable investigate the matter and order the proper treatment, and his opinion or orders shall be final. In cases where the owner appeals to the commissioner of agriculture, and the findings of the original inspector or inspectors are approved, the expense incurred as a result of appeal shall be paid by the owner.
History:
1945, Act 72, Eff. Sept. 6, 1945 ;-- CL 1948, 286.251
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 72 of 1945 - Insect Pests and Plant Diseases (286.251 - 286.260) › Section 286.252 - Orders of Commissioner; Refusal to Carry Out.

286.252 Orders of commissioner; refusal to carry out.
Sec. 2.
In case the owner, or person in charge of the trees, shrubs, vines or plants, infested with a destructive insect or dangerously contagious disease, refuses or neglects to carry out the orders of the commissioner of agriculture within the period stated in the notice served upon him, the commissioner of agriculture shall employ such aid as may be necessary to carry out his own orders.
History:
1945, Act 72, Eff. Sept. 6, 1945 ;-- CL 1948, 286.252
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 72 of 1945 - Insect Pests and Plant Diseases (286.251 - 286.260) › Section 286.253 - Declaration as Public Nuisances.

286.253 Declaration as public nuisances.
Sec. 3.
Any and all neglected or abandoned trees, vines, shrubs, plants or parts thereof, which because of the existence therein or thereon of injurious or destructive insect pests, or plant diseases or other conditions which may constitute a menace to the horticulture or agriculture of the county, district, or vicinity or which are host plants of or provide a favorable and likely harbor for such pests or diseases, which, if they become established upon such neglected or abandoned host plants or crops, would be a menace to agriculture or horticulture, are hereby expressly declared to be public nuisances, and it shall be unlawful to maintain the same, and all remedies which are or may be given for the prevention or abatement of the nuisance shall apply thereto.
History:
1945, Act 72, Eff. Sept. 6, 1945 ;-- CL 1948, 286.253
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 72 of 1945 - Insect Pests and Plant Diseases (286.251 - 286.260) › Section 286.254 - Report of Inspections.

286.254 Report of inspections.
Sec. 4.
Whenever the commissioner of agriculture shall determine by inspection that there exists on any property or premises within his jurisdiction any trees, vines, shrubs, plants, or parts thereof, which are or have been neglected or abandoned, which because of the existence therein or thereon of injurious or destructive insect pests or plant diseases, or other conditions constitute a menace to the horticulture or agriculture of the county, district, or vicinity, he shall make a complete report of his inspection, setting forth in such report a description of the property or premises upon which the neglected or abandoned pest host exists, naming the pest or pests or other conditions which in his opinion are dangerous to the horticulture or agriculture of the county, district, or vicinity and, if in his judgment the findings justify, he shall state in such report that the removal or destruction of the neglected or abandoned trees, vines, shrubs, plants, or parts thereof, will provide the best means for the elimination of such menace to the horticulture and agriculture of the county, district or vicinity.
History:
1945, Act 72, Eff. Sept. 6, 1945 ;-- CL 1948, 286.254
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 72 of 1945 - Insect Pests and Plant Diseases (286.251 - 286.260) › Section 286.255 - Authority to Enter Upon Premises; Treatment to Prevent Spread of Disease; Owners Recompensed for Loss.

286.255 Authority to enter upon premises; treatment to prevent spread of disease; owners recompensed for loss.
Sec. 5.
The director of the department of agriculture and his or her inspectors, deputies, assistants, and employees may enter upon any premises in the state for the purpose of examining trees, shrubs, vines, and plants for the presence of destructive insects or diseases, and, if any such insects or diseases are found, may, under the provisions of this act, take the steps as may be necessary to exterminate them. No damage shall be awarded for the destruction of any trees, shrubs, vines, plants, or fruit or for injury to same if done by the director of the department of agriculture or his or her authorized inspectors and assistants, in accordance with the provisions of this act, and the director considers it necessary in order to suppress dangerous insects and diseases, when the trees, shrubs, vines, and plants have already been attacked by dangerous insects or diseases. Whenever any dangerous plant disease, or destructive insect, which is new to or which has not become widely prevalent or distributed through or within the state is found upon any trees, shrubs, vines, or plants, in case it is considered necessary in order to prevent the spread and the dissemination of said insect, or disease, the director of the department of agriculture may cause any tree, shrub, vine, or plant likely to be attacked by such insect or disease, and which are growing within 3,000 feet of where the dangerous insect or disease has been found, to be treated with approved remedies, or, if this is not feasible, to be destroyed. However, if it becomes necessary to destroy any trees, shrubs, vines, or plants which have not already become attacked by said new and dangerous insect or disease, the owner shall be recompensed for their actual value, the amount to be fixed by 3 parties, 1 to be selected by the owner, another by the director of the department of agriculture, and the third party to be selected by the other 2 so selected. The amount awarded, when approved by the director of the department of agriculture, shall be certified to the state treasurer, who shall draw a warrant on the state treasurer for the payment of the same from the general fund of the state.
History:
1945, Act 72, Eff. Sept. 6, 1945 ;-- CL 1948, 286.255 ;-- Am. 2002, Act 175, Imd. Eff. Apr. 23, 2002
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 72 of 1945 - Insect Pests and Plant Diseases (286.251 - 286.260) › Section 286.256 - Commissioner May Make Rules and Regulations; Quarantines.

286.256 Commissioner may make rules and regulations; quarantines.
Sec. 6.
The commissioner of agriculture is hereby authorized to make such rules and regulations and establish such quarantines as he shall deem necessary for the proper enforcement of this act, and all orders, rules and regulations promulgated by the commissioner of agriculture pursuant to the act shall have the force and effect of law.
History:
1945, Act 72, Eff. Sept. 6, 1945 ;-- CL 1948, 286.256
Admin Rule:
R 285.613.1 et seq. and R 285.620.1 of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 72 of 1945 - Insect Pests and Plant Diseases (286.251 - 286.260) › Section 286.257 - Liability of Agent.

286.257 Liability of agent.
Sec. 7.
In construing and enforcing provisions of this act, the act, omission or failure 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 also be deemed the act, omission or failure of such association, partnership or corporation, as well as of the person.
History:
1945, Act 72, Eff. Sept. 6, 1945 ;-- CL 1948, 286.257
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 72 of 1945 - Insect Pests and Plant Diseases (286.251 - 286.260) › Section 286.259 - Violation of Act; Misdemeanor; Penalty; Applicability of Subsection (1).

286.259 Violation of act; misdemeanor; penalty; applicability of subsection (1).
Sec. 9.
(1) Subject to subsection (2), a person who maintains a public nuisance in violation of section 3 or otherwise violates this act is guilty of a misdemeanor punishable by a fine of not less than $25.00 or more than $100.00 or by imprisonment for not more than 90 days, or both.
(2) Beginning September 1, 2005, subsection (1) does not apply to a violation described in section 10.
History:
1945, Act 72, Eff. Sept. 6, 1945 ;-- CL 1948, 286.259 ;-- Am. 2005, Act 52, Imd. Eff. June 27, 2005
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 72 of 1945 - Insect Pests and Plant Diseases (286.251 - 286.260) › Section 286.260 - Violation of Rule or Order; Civil Infraction; Fine; Misdemeanor; Felony; Penalties; Liability.

286.260 Violation of rule or order; civil infraction; fine; misdemeanor; felony; penalties; liability.
Sec. 10.
(1) A person who violates a rule promulgated or order issued under this act that requires the destruction of plants is responsible for a state civil infraction and shall be fined not more than $1,000.00 plus expenses incurred by the department in destroying the plants.
(2) A person who violates a quarantine rule promulgated or quarantine order issued under this act is responsible for a state civil infraction and shall be fined not less than $1,000.00 or more than $10,000.00. However, if the person voluntarily reported the violation to the department before it was otherwise known to the department or the person had reason to believe the violation was about to become known to the department, the person shall be fined not more than $500.00.
(3) Beginning September 1, 2005, a person who knowingly violates a quarantine rule promulgated or quarantine order issued under this act is guilty of a misdemeanor and may be imprisoned for not more than 1 year and shall be fined not less than $1,000.00 or more than $10,000.00.
(4) Beginning September 1, 2005, a person who intentionally violates a quarantine rule promulgated or quarantine order issued under this act, for the purpose of causing damage to plants, natural resources, or agricultural, silvicultural, or horticultural products or resources, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $250,000.00, or both.
(5) A person who violates a quarantine rule promulgated or quarantine order issued under this act is liable for any damages to plants, natural resources, or agricultural, silvicultural, or horticultural products or resources resulting from the violation, including, but not limited to, costs incurred to investigate, monitor, prevent, or minimize such damages.
History:
Add. 2005, Act 52, Imd. Eff. June 27, 2005
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 137 of 1935 - Chemical Laboratories; Fruit Protection (286.341 - 286.345) › Section 286.341 - Chemical Laboratories; Fruit Growing Sections; Poisonous Spray Residue; Examination, Certificate, Fees.

286.341 Chemical laboratories; fruit growing sections; poisonous spray residue; examination, certificate, fees.
Sec. 1.
The commissioner of agriculture is hereby empowered to establish temporary chemical laboratories in fruit growing sections during the harvesting and shipping season for the purpose of examining fruit and determining the amount of poisonous spray residue thereon, and in the case of lots of fruit prepared for shipment to collect representative samples from such lots; to cause to be made chemical analyses for poisonous spray residue remaining on the fruit and in the event, as the result of such examination on representative samples, that prohibited poisonous spray residue does not exceed the maximum tolerance allowed therefor by the secretary of agriculture of the United States; to cause to be issued a certificate stating that fact. Certificates issued will be and are applicable only to such designated lots as have been appropriately numbered and identified. The owner of such lot of fruit shall pay such reasonable fees for the examination and issuance of certificate as is determined by the commissioner of agriculture.
History:
1935, Act 137, Imd. Eff. June 4, 1935 ;-- CL 1948, 286.341
Admin Rule:
R 285.202.1 of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 137 of 1935 - Chemical Laboratories; Fruit Protection (286.341 - 286.345) › Section 286.342 - Chemical Laboratories; Voluntary Submission of Samples; Fee; Certificate.

286.342 Chemical laboratories; voluntary submission of samples; fee; certificate.
Sec. 2.
Growers of fruit may submit to any temporary chemical laboratory samples of fruit for analyses for spray residue in order to determine the conditions that prevail as a result of spraying practices, upon the payment of a reasonable fee for each sample submitted. The results of the analyses of such samples from individuals, corporations or firms shall be reported direct to the grower or parties submitting the samples but in no case shall a certificate be issued on a lot of fruit as a result of the submission of informative samples by individuals.
History:
1935, Act 137, Imd. Eff. June 4, 1935 ;-- CL 1948, 286.342
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 137 of 1935 - Chemical Laboratories; Fruit Protection (286.341 - 286.345) › Section 286.343 - Chemical Laboratories; Establishment by Private Concerns; Supervision, Regulations.

286.343 Chemical laboratories; establishment by private concerns; supervision, regulations.
Sec. 3.
The commissioner of agriculture shall have supervision over any chemical laboratory established by any cooperative exchange, growers' exchange, or other business engaged in the harvesting, grading, packing or selling of fruit, for the analyses of fruit for spray residue, and shall cause such firm or individual to register with the department of agriculture. Upon registration and demonstration of ability for the sampling, examination and chemical analyses of fruit for spray residue, such firms or individuals may be permitted to charge fees for the examination of samples of fruit on a basis similar to that charged by the commissioner of agriculture, and report the results of their findings to the owner of such fruit. No certificate attempting to show the presence or amount of arsenic, lead, fluorine, or any other dangerous chemical shall be valid unless issued by authority of the commissioner of agriculture.
History:
1935, Act 137, Imd. Eff. June 4, 1935 ;-- CL 1948, 286.343
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 137 of 1935 - Chemical Laboratories; Fruit Protection (286.341 - 286.345) › Section 286.344 - Appropriation for State Chemical Laboratories.

286.344 Appropriation for state chemical laboratories.
Sec. 4.
There is hereby appropriated the sum of 25,000 dollars for the fiscal year ending June 30, 1936, and a sum not exceeding 10,000 dollars for the year ending June 30, 1937: Provided, That in no event shall these appropriations exceed the fees collected herein to carry into effect the intent and purpose of this act. All moneys derived from fees shall be deposited to the credit of the general fund, and all expenditures incurred on account of the provisions of this act shall be from appropriations made herein.
History:
1935, Act 137, Imd. Eff. June 4, 1935 ;-- CL 1948, 286.344
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 137 of 1935 - Chemical Laboratories; Fruit Protection (286.341 - 286.345) › Section 286.345 - Rules and Regulations; Enforcement by Commissioner of Agriculture.

286.345 Rules and regulations; enforcement by commissioner of agriculture.
Sec. 5.
The commissioner of agriculture is charged with the enforcement of this act and is hereby empowered to promulgate such reasonable rules and regulations as are necessary to carry into effect the intent and purpose of this act.
History:
1935, Act 137, Imd. Eff. June 4, 1935 ;-- CL 1948, 286.345
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 228 of 1959 - Fruits and Vegetables; Controlled Atmosphere Storage (286.371 - 286.379) › Section 286.371 - Definitions.

286.371 Definitions.
Sec. 1.
As used in this act:
(a) "Apples" means all varieties of apples.
(b) "Controlled atmosphere storage" means the storage of fruits or vegetables in an approved sealed storage room or in an approved sealed storage building, or in a sealed storage space within the room or building, under controlled conditions of time in days, oxygen content, carbon dioxide content, and temperature as established by this act or rules adopted under this act. The term controlled atmosphere may be referred to by the initials "CA" or similar terms or abbreviations.
(c) "Director" means the director of the Michigan department of agriculture or his or her designated agents.
(d) "Sealed storage room", "sealed storage space", or "sealed storage building" means sealed storage spaces in which controlled atmosphere is maintained, inferred, advertised, or represented as having a controlled atmosphere.
History:
1959, Act 228, Eff. Mar. 19, 1960 ;-- Am. 2000, Act 53, Imd. Eff. Mar. 30, 2000
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 228 of 1959 - Fruits and Vegetables; Controlled Atmosphere Storage (286.371 - 286.379) › Section 286.372 - Controlled Atmosphere Storage for Fruits and Vegetables; Prohibited Representations.

286.372 Controlled atmosphere storage for fruits and vegetables; prohibited representations.
Sec. 2.
A person or other legal entity shall not sell, label, describe, advertise, offer, expose, exchange, or transport fruits or vegetables for sale represented as having been held under controlled atmosphere storage conditions as specified in this act, alone or with other words, or use any such terms or form or words or symbols of similar import on any container or lot of fruits or vegetables advertised, sold, offered for sale, or transported for sale within this state unless the fruits or vegetables have been stored in compliance with the provisions of this act and rules promulgated by the director.
History:
1959, Act 228, Eff. Mar. 19, 1960 ;-- Am. 2000, Act 53, Imd. Eff. Mar. 30, 2000
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 228 of 1959 - Fruits and Vegetables; Controlled Atmosphere Storage (286.371 - 286.379) › Section 286.372a - Construction of Storage Room, Space, or Building; Installation and Maintenance of Thermometer; Accessibility of Gas Analyzer.

286.372a Construction of storage room, space, or building; installation and maintenance of thermometer; accessibility of gas analyzer.
Sec. 2a.
(1) Each sealed storage room, sealed storage space, or sealed storage building used as a controlled atmosphere storage facility for fruits or vegetables shall be constructed of materials that will allow for the establishment and maintenance of the required levels of carbon dioxide, oxygen, and temperature and that are acceptable to the director.
(2) Each sealed storage room, sealed storage space, or sealed storage building shall have a Fahrenheit thermometer properly installed and maintained. An approved gas analyzer for the measurement of carbon dioxide and oxygen gases shall be readily accessible to all sealed rooms or units.
History:
Add. 2000, Act 53, Imd. Eff. Mar. 30, 2000
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 228 of 1959 - Fruits and Vegetables; Controlled Atmosphere Storage (286.371 - 286.379) › Section 286.373 - Record; Location; Contents; Review.

286.373 Record; location; contents; review.
Sec. 3.
(1) A person or other legal entity storing fruits or vegetables in a sealed storage room shall keep a daily record at a convenient location adjacent to the storage room, storage space, or storage building from the day of sealing the room, space, or building to the day of opening of the storage room, space, or building.
(2) The daily records kept under subsection (1) shall indicate the atmospheric conditions in each sealed storage space from the date of sealing until the date the space is opened. The daily records shall indicate the date and time of recording, the temperatures in degrees Fahrenheit, the percentages of carbon dioxide, and the percentage of oxygen.
(3) The daily record shall be subject to review by the director at any time for a period of at least 1 year from date of sealing.
History:
1959, Act 228, Eff. Mar. 19, 1960 ;-- Am. 2000, Act 53, Imd. Eff. Mar. 30, 2000
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 228 of 1959 - Fruits and Vegetables; Controlled Atmosphere Storage (286.371 - 286.379) › Section 286.374 - Rules and Regulations.

286.374 Rules and regulations.
Sec. 4.
The director may promulgate rules and regulations regarding the controlled atmosphere storage of fruit or vegetables pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
History:
1959, Act 228, Eff. Mar. 19, 1960 ;-- Am. 2000, Act 53, Imd. Eff. Mar. 30, 2000
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 228 of 1959 - Fruits and Vegetables; Controlled Atmosphere Storage (286.371 - 286.379) › Section 286.374a - Sealed Storage Room; Conditions.

286.374a Sealed storage room; conditions.
Sec. 4a.
(1) A person or other legal entity desiring to maintain a licensed sealed storage room shall notify the director within 5 days after the date of sealing. The oxygen within the sealed storage room maintained for apples shall be 5% or lower within 14 days after the storage room is sealed by the operator. An operator shall make available for inspection, upon request of the director, the daily record for the sealed storage rooms.
(2) Except as otherwise provided in subsection (3), the apples shall be stored in a continuously sealed storage room that does not have more than 5% oxygen for a minimum period of 60 days, except that gala and jonagold varieties may be removed from storage in not less than 45 days.
(3) The oxygen level in any sealed storage room maintained for apples may be more than 5% for an accumulated time not to exceed 10 days (240 hours) during the storage period. If the atmospheric conditions have been interrupted, the minimum storage period shall be increased to 70 days for all fruit except for gala and jonagold, which shall have a minimum storage period of 55 days.
(4) All sealed storage rooms maintained for apples shall be sealed by the operator. To qualify for "CA" storage, the room must be sealed on or before November 15 of the storage year. At the time of inspection by a department representative, the representative must place an official seal on the door. An operator shall not break the seal and shall not enter the storage room during the days required for the sealed storage period, except as provided in subsection (3). If interruptions in atmospheric conditions occur, the operator shall notify the department within 48 hours after the atmospheric conditions in the sealed storage room are interrupted. Sealed storage rooms whose atmospheric conditions were interrupted may be resealed by an authorized representative of the department.
(5) The air temperature of any sealed storage room maintained for apples shall not exceed 35 degrees Fahrenheit for jonathan, rome beauty, delicious (all), and stayman varieties and the temperature shall not exceed 41 degrees Fahrenheit for all other varieties during the interruption period.
History:
Add. 2000, Act 53, Imd. Eff. Mar. 30, 2000
2023 Michigan Compiled Laws › Chapter 286 - Agricultural Industry › Act 228 of 1959 - Fruits and Vegetables; Controlled Atmosphere Storage (286.371 - 286.379) › Section 286.375 - Controlled Atmosphere Storage for Fruits and Vegetables; License, Application, Fee, Inspection, Expiration, Renewal, Exemption.

286.375 Controlled atmosphere storage for fruits and vegetables; license, application, fee, inspection, expiration, renewal, exemption.
Sec. 5.
(1) A person or other legal entity shall not operate any sealed type storage room for fruits or vegetables where controlled atmosphere is used without first obtaining a license from the director for each sealed storage room. An application for license shall be made on forms furnished by the director.
(2) A fee of $35.00 per room shall accompany each application. The director shall not issue a license under this act unless the director or his or her authorized agent has inspected the storage facilities and found those facilities to be in compliance with this act and rules promulgated under this act.
(3) All licenses expire on November 15 of the year after issue and may be renewed annually unless the license is revoked or suspended.
(4) Fruits or vegetables not represented as controlled atmosphere storage are not required to be in compliance with the requirements of this act.
History:
1959, Act 228, Eff. Mar. 19, 1960 ;-- Am. 1969, Act 69, Imd. Eff. July 21, 1969 ;-- Am. 2000, Act 53, Imd. Eff. Mar. 30, 2000