2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-85 - Part 85 Fertilizers (324.8501...324.8522) › Section 324.8505 - Distribution of Specialty Fertilizer or Soil Conditioner; Registration; Application; Labels to Accompany Application; Beneficial Use By-Product Intended for Beneficial Use 3; Copy of Registration Approval; Expiration; Fees; Labeling Blended Soil Conditioners; Operation of Business Located Outside of State.

324.8505 Distribution of specialty fertilizer or soil conditioner; registration; application; labels to accompany application; beneficial use by-product intended for beneficial use 3; copy of registration approval; expiration; fees; labeling blended soil conditioners; operation of business located outside of state.
Sec. 8505.
(1) A person shall not distribute a specialty fertilizer or soil conditioner unless it is registered with the department. An application for registration listing each brand and product name of each grade of specialty fertilizer or soil conditioner shall be made on a form furnished by the director. An application shall be accompanied with the fees described in subsection (4) for each brand and product name of each grade. Labels for each brand and product name of each grade shall accompany the application.
(2) If the specialty fertilizer or soil conditioner is a beneficial use by-product intended for beneficial use 3 under part 115, the application shall also include the information identified in section 11551(7).
(3) Upon approval of an application by the director, a copy of the registration approval shall be furnished to the applicant. All registrations expire on December 31 of each year.
(4) A person applying for a registration under subsection (1) shall pay the following annual fees for each brand and product name of each grade:
(a) Registration fee of $25.00.
(b) Appropriate water quality protection fee provided for in section 8715.
(5) A distributor is not required to register a brand of fertilizer that is registered under this part by another person, if the label does not differ in any respect.
(6) A manufacturer or distributor of custom blend specialty fertilizers for home lawns, golf courses, recreational areas, or other nonfarm areas is not required to register each grade distributed but shall license their firm on an application furnished by the director for an annual fee of $100.00 and shall label the fertilizer as provided in section 8502. The label of each fertilizer distributed under this subsection shall be maintained by the manufacturer or distributor for 1 year for inspection by the director.
(7) A manufacturer or distributor of soil conditioners blended according to specifications provided to a blender or blended as specifically requested by the consumer prior to blending shall either register each brand or blend distributed or license its firm on an application furnished by the director for an annual fee of $100.00 and shall label the soil conditioner as provided in section 8502. The label of each soil conditioner distributed under this subsection shall be maintained by the manufacturer or distributor for 1 year for inspection by the director.
(8) A registrant that operates from a business location outside this state shall do either of the following:
(a) Continuously maintain in this state a registered office and a resident agent, which agent may be an individual resident in this state whose business office or residence is identical with the registered office, a domestic corporation or limited liability company, or a foreign corporation or limited liability company authorized to transact business in this state and having a business office identical with the registered office. The registrant shall file with the department the name, address, and telephone number of the resident agent and shall maintain and make available records required by this part and part 87.
(b) Maintain and make available to the department records required by this part and part 87 and pay all costs incurred by the department in auditing the records if they are held at an out-of-state location.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2006, Act 503, Eff. Mar. 30, 2007 ;-- Am. 2014, Act 178, Eff. Sept. 16, 2014 ;-- Am. 2015, Act 118, Eff. Oct. 1, 2015
Popular Name:
Act 451
Popular Name:
NREPA