reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 635 - Commercial Feed › Section R. 285.635.8 - Expression of guarantees

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) The
				guarantees for crude protein, equivalent protein from nonprotein nitrogen,
				crude fat, crude fiber, and mineral guarantees shall be in terms of percentage
				by weight.
(2) Commercial feeds
				containing 6 1/2% or more of total mineral elements shall include in the
				guaranteed analysis the minimum and maximum percentages of calcium (Ca), the
				minimum percentage of phosphorus (P), and, if salt is added, the minimum and
				maximum percentage of salt (NaCl).Minerals, expect salt (NaCl), shall be
				guaranteed in terms of percentage of the element. When calcium or salt
				guarantees, or both, are given in the guaranteed analysis, that fact shall be
				stated and conform to the following:
(a) When
				the minimum is 5.0% or less, the maximum shall not exceed the minimum by more
				than 1 percentage point.
(b) When
				the minimum is above 5.0%, the maximum shall not exceed the minimum by more
				than 20% and in no case shall the difference between maximum and minimum exceed
				5 percentage points.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 635 - Commercial Feed › Section R. 285.635.10 - Ingredients

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) The
				name of each ingredient or collective term for the grouping of ingredients
				shall be the name as defined in the official definitions of feed ingredients as
				published in the official publication of AAFCO, or one approved by the
				director.
(2) The name of each
				ingredient shall be shown in letters or type of the same size.
(3) A reference to quality or grade of an
				ingredient shall not appear in the ingredient statement of a feed.
(4) The term "dehydrated" may precede the
				name of a product that has been artificially dried.
(5) A single ingredient product defined by
				AAFCO need not have an ingredient statement.
(6) When the word "iodized" is used in
				connection with a feed ingredient, the feed ingredient shall contain not less
				than 0.007% iodine, uniformly distributed.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 635 - Commercial Feed › Section R. 285.635.11 - Directions for use; precautionary statements

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1)
				Directions for use and precautionary statements on the labeling of commercial
				feeds and customer-formula feeds containing additives, including drugs, special
				purpose additives, or nonnutritive additives, shall:
(a) Be adequate to enable safe and effective
				use for the intended purposes by users without special knowledge of the purpose
				and use of the articles.
(b)
				Include all information prescribed by applicable regulations under the federal
				food, drug, and cosmetic act, 21 C.F.R. part 121 and part 558.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 635 - Commercial Feed › Section R. 285.635.12 - Nonprotein nitrogen

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) Urea
				and other nonprotein nitrogen products defined in the official publication of
				AAFCO are acceptable ingredients only in commercial feeds for ruminant animals
				as a source of equivalent crude protein and shall not be used in commercial
				feeds for other animals and birds.
(2) If the commercial feed contains more than
				8.75% of equivalent crude protein from all forms of nonprotein nitrogen, added
				as such, or the equivalent crude protein from all forms of nonprotein nitrogen,
				added as such, exceeds 1/3 of the total crude protein, the label shall bear
				adequate directions for the safe use of feeds and a precautionary statement:
"CAUTION: USE AS DIRECTED"
The directions for use and the caution statement shall be in
				  type of such size so placed on the label that they may be read and understood
				  by ordinary persons under customary conditions of purchase and use.
(3) On labels such as those for
				medicated feeds which bear adequate feeding directions or warning statements,
				or both, the presence of added nonprotein nitrogen shall not require a
				duplication of the feeding directions or the precautionary statements as long
				as those statements include sufficient information to ensure the safe and
				effective use of this product due to the presence of nonprotein
				nitrogen.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 635 - Commercial Feed › Section R. 285.635.13 - Drug and feed additives

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) Prior
				to approval of a license application, or approval of a label for commercial
				feed which contains additives (including drugs, other special purpose
				additives, or nonnutritive additives, or both), the manufacturer may be
				required to submit evidence to prove the safety and efficacy of the commercial
				feed when used according to the directions furnished on the label.
(2) Satisfactory evidence of safety and
				efficacy of a commercial feed is achieved when:
(a) The commercial feed contains such
				additives, the use of which conforms to the requirements of the applicable
				regulation in the food additives regulations, 21 C.F.R. part 121, chapter 1, or
				which are "prior sanctioned" or "generally recognized as safe" for such
				use.
(b) The commercial feed is
				itself a drug as defined in section 3(h) of the act and is generally recognized
				as safe and effective for the labeled use or is marketed subject to an
				application approved by the food and drug administration under 21 U.S.C.
				S512.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 635 - Commercial Feed › Section R. 285.635.14 - Adulterants

Current through Vol. 24-12, July 15, 2024
Rule 14.
(1) For the
				purpose of section 8(1)(a) of the act, the term "poisonous or deleterious
				substances" includes, but is not limited to, the following:
(a) Fluorine and any mineral or mineral
				mixture which is to be used directly for the feeding of domestic animals and in
				which the fluorine exceeds 0.10% for cattle, 0.30% for sheep, 0.45% for swine,
				and 0.60% for poultry.
(b)
				Fluorine-bearing ingredients when used in such amounts that they raise the
				fluorine content of the total ration exclusive of hay and silages above 0.002%
				for cattle, 0.006% for sheep, 0.014% for swine, and 0.030% for
				poultry.
(c) Soybean meal, flakes,
				or pellets, or other vegetable meals, flakes, or pellets, which have been
				extracted with trichlorethylene or other chlorinated solvents.
(d) Sulfur dioxide, sulfurous acid, and salts
				of sulfurous acid when used in or on feeds or feed ingredients which are
				considered or reported to be a significant source of vitamin B1
				(thiamine).
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 636 - Pesticide Applicators › Section R. 285.636.1 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Act" means 1994 PA 451,
				MCL 324.8301 et seq.
(b) "Aerial
				application" means the application of a pesticide by aircraft.
(c) "Applicator" means a person who applies
				pesticides by any method for any purpose at any place.
(d) "Concentration" means the volume of
				pesticide formulation and the volume of carrier used to create an end use
				dilution.
(e) "Forest" means a
				concentration of trees and related vegetation in nonurban areas, which is
				sparsely inhabited, and infrequently used, by humans and which is characterized
				by natural terrain and drainage patterns.
(f) "Fumigation" means the application of
				pesticide gases in sealed enclosures or structures, including any of the
				following:
(i) Soil.
(ii) Stored grain.
(iii) Railway cars.
(iv) Trucks.
(v) Greenhouses.
(vi) Indoor areas.
(g) "Incidental use" means the application of
				a general use pesticide as an accompanying minor occurrence to a primary work
				assignment.
(h) "Licensed
				commercial applicator" means the owner, operator, or manager of a licensed
				pesticide application business.
(i)
				"Private registered applicator" means an applicator who applies pesticides as a
				scheduled and required work assignment for a private agricultural
				purpose.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 636 - Pesticide Applicators › Section R. 285.636.2 - Application for certification or registration

Current through Vol. 24-12, July 15, 2024
Rule 2. An applicator who is required to be certified or
				  registered under the act shall apply on a form prescribed by the director and
				  pay the required fee. Commercial applicators shall designate the category or
				  categories of certification or registration desired in accordance with R
				  285.636.3. The application and fee are void 6 months from the date the
				  application is received.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 636 - Pesticide Applicators › Section R. 285.636.3 - Certification or registration categories and subcategories for commercial applicators

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1)
				Agricultural pest management. All of the following are subcategories of
				pesticide application for commercial applicators pertaining to agricultural
				pest management:
(a) Field crops. This
				subcategory includes applicators who use pesticides for the production of field
				crops, such as any of the following:
(i)
				Cereal grains.
(ii) Feed
				grains.
(iii) Beans.
(iv) Soybeans.
(v) Sugarbeets.
(vi) Forage.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 636 - Pesticide Applicators › Section R. 285.636.4 - Standards for certification of commercial applicators

Current through Vol. 24-12, July 15, 2024
Rule 4. Commercial applicators shall demonstrate a practical
				  knowledge, by written examination, of the principles and practices of pest
				  management, pesticide label comprehension, and the safe use of pesticides,
				  including the general standards applicable to all categories and the standards
				  specifically identified for each category or subcategory designated by the
				  applicant, as set forth in 40 C.F.R. '171.4 and these rules. These standards
				  are adopted in these rules by reference and are available from the
				  Superintendent of Documents, United States Government Printing Office,
				  Washington, DC 20402, at no cost, or from the Michigan Department of
				  Agriculture, P.O. Box 30017, Lansing, Michigan 48909, at no cost. Applicators
				  who apply pesticides by aircraft or who apply fumigants shall be examined on
				  the additional standards specifically identified for the methods of application
				  as specified in subdivision (c) of this rule. The standards for certification
				  are as follows:
(a) All subcategory
				standards shall include a practical knowledge of all of the following:
(i) Relevant and associated pests.
(ii) Environmental fate of
				pesticides.
(iii) Pesticide
				formulations in use and application equipment, equipment calibration, and
				methods of application.
(iv) Safety
				procedures to protect nontarget organisms.
(v) Integrated pest management
				principles.
(vi) Container disposal
				and storage.
(vii) Worker
				safety.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 636 - Pesticide Applicators › Section R. 285.636.5 - Standards for certification of private applicators

Current through Vol. 24-12, July 15, 2024
Rule 5. Private applicators shall demonstrate a practical
				  knowledge of the principles and practices of pest management and the safe use
				  of pesticides, including the standards for certification of private applicators
				  set forth in 40 C.F.R. '171.5. These standards are adopted in these rules by
				  reference and are available from the
Superintendent of Documents, United States Government
				  Printing Office,
Washington, DC 20402, at no cost, or from the Michigan
				  Department of Agriculture, P.O. Box 30017, Lansing, Michigan 48909, at no cost.
				  In addition, private applicators who apply pesticides by aircraft or apply
				  pesticides by fumigation shall demonstrate a practical knowledge of the
				  additional standards specifically identified for those methods of application
				  in R 285.636.4(c). Private applicators include apiarists who apply restricted
				  use pesticides to their own colonies for the management of bee diseases or
				  parasites. Bee disease is defined in section
				  1 of 1976 PA 412,
				  MCL 286.801.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 636 - Pesticide Applicators › Section R. 285.636.6 - Certification examinations

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1)
				Certification examinations shall be conducted at a time and place designated by
				the director. A score of 70% or above is required for passing any written
				examination. A score of less than 70% on the general standards examination
				shall result in denial of certification. Failure of a category or method of
				application examination shall result in denial of certification for that
				category or method of application. A reexamination may be requested and shall
				be given within the 1-year application period.
(2) An oral fact-finding interview for
				private applicators, as provided by the act, shall consist of oral standardized
				questions developed by the Michigan state university cooperative extension
				service and approved by the pesticide advisory committee. Such questions shall
				address the standards of competency for private applicators set forth in the
				provisions of 40 C.F.R. S171.5. The oral fact finding interview may restrict
				the applicator to use only a certain type of equipment or pesticide.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 636 - Pesticide Applicators › Section R. 285.636.7 - Certificate of competence; credentials; issuance; expiration; renewal; replacement; certification in additional category or method

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) A
				qualified applicant for initial certification or registration shall be issued
				certification or registration credentials that are valid until December 31 of
				the third year after the year of issuance unless the director suspends or
				revokes the credential. A qualified applicant for recertification or
				reregistration shall be issued certification or registration credentials that
				are valid until December 31 of the third year after expiration of the previous
				credential unless the director suspends or revokes the credential.
(2) Commercial applicator certification and
				registration credentials shall show the categories and applicable methods of
				application specified in R 285.636.4(b) and R 285.636.4(c) for which the person
				has demonstrated competence.
(3)
				Private applicator certification or registration credentials shall show the
				applicable methods of application specified in R 285.636.4(c) for which the
				person has demonstrated competence.
(4) Certification or registration may be
				renewed by applying on a form prescribed by the director, by submitting the
				application fee prescribed by the act, and upon a determination that the
				applicant has met the qualifications established by the act and these rules. To
				assure that certified or registered applicators maintain competence in the use
				of pesticides, the director, as a condition for renewal, may require verifiable
				attendance at designated training meetings or may require an examination on
				changes in pesticide application technology or use patterns pertinent to the
				certification or registration category, or may require both.
(5) A certified or registered applicator who
				desires certification or registration in an additional category may apply on a
				form prescribed by the director. The application form shall be accompanied by
				the application fee established by the act. Upon satisfactory completion of the
				examination or training for the category or method as required by R 285.636.6,
				and upon surrender of the certification or registration credential, the
				applicant shall be issued a replacement certification or registration
				credential that shows the additional category and the expiration date of the
				replaced credential.
(6) An
				applicant who desires to renew his or her credential by seminar shall earn all
				renewal credits before the expiration of the credential.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 636 - Pesticide Applicators › Section R. 285.636.8 - Registered applicator standards

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) All
				registered applicators shall demonstrate, by examination, practical knowledge
				of the basic principles and practices of pest management, pesticide label
				comprehension, and the safe use of pesticides as set forth in R 285.636.4 and
				receive verifiable training as set forth in subrule (3) of this rule.
(2) All of the following general standards
				will be the basis of the examination:
(a)
				Appropriate procedures for the application of pesticides, including both of the
				following:
(i) Knowledge of various
				formulations of pesticides and proper methods of application.
(ii) The relationship of pesticide
				application to proper use, unnecessary use, and misuse.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 636 - Pesticide Applicators › Section R. 285.636.9 - Examination requirements for registration

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1)
				Examination of registered commercial applicators shall be by either of the
				following methods:
(a) Written examination
				administered by the director or his or her representative. A score of 70% is
				required for passing.
(b) At the
				discretion of the director, an oral fact-finding interview may be administered
				when a person is unable to demonstrate competency by written examination. The
				person will be limited to a specific general-use pesticide and a specific
				application technique. The person shall be directly supervised by a certified
				applicator at all times.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 636 - Pesticide Applicators › Section R. 285.636.11 - Standards for trainers of certified and registered applicators

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) A
				trainer of certified or registered applicators shall be a certified applicator
				with a minimum of 2 years of experience and shall have successfully completed a
				training program approved by the director. The trainer's program will include
				an overview of all of the following:
(a) The
				required program content for pesticide applicator training.
(b) Procedures for verifying, and the
				responsibility of the trainer to verify, training.
(c) Submission of necessary forms for the
				registration or certification of applicators.
(d) The various methods of effective
				communication for the presentation of educational material.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 636 - Pesticide Applicators › Section R. 285.636.12 - Application for license

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1)
				Application for a license to engage in the business of applying pesticides
				shall be made on a form prescribed by the director. The applicant shall be a
				certified applicator or shall employ a certified applicator to apply, or
				supervise the application of, pesticides. The certified applicator named on the
				license application shall not represent more than 1 licensee or place of
				business. The licensee shall notify the director of any changes relative to the
				status of a certified applicator named on the license application.
(2) A license application shall be
				accompanied by a certificate from an insurance company or an approved surplus
				lines company authorized to do business in this state which sets forth the
				insurance limits prescribed in R 285.636.14. The certificate shall be in effect
				for the entire license period or for the generally recognized time period in
				which the pesticide applications may occur.
(3) When an assumed name is used on an
				application, then the application for a license shall be accompanied by a
				registered assumed name certificate.
(4) A foreign corporation shall attach to the
				license application a certificate of authority to transact business in the
				state of Michigan which is issued from the corporation and securities bureau of
				the department of consumer and industry services under 1972 PA 284, MCL
				450.1101 et seq.
(5) A new licensee
				shall comply with the experience requirements set forth in section 8313 of the
				act. The director shall review and verify the contents of a notarized statement
				that documents that the applicator has complied with the experience
				requirements as required by the act. Any false or misleading statements will be
				cause for license denial, suspension, or revocation.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 636 - Pesticide Applicators › Section R. 285.636.13 - License renewals

Current through Vol. 24-12, July 15, 2024
Rule 13. A license may be renewed on the form prescribed by
				  the director if the applicant meets all of the qualifications set forth in the
				  act and these rules.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 636 - Pesticide Applicators › Section R. 285.636.14 - Financial responsibility

Current through Vol. 24-12, July 15, 2024
Rule 14.
(1) A
				licensed commercial applicator shall maintain comprehensive general liability
				insurance for bodily injury and property damage during the licensing period or
				during the period of time necessary to span a seasonal operation, except as
				provided in subrule (5) of this rule. The insurance shall not exclude coverage
				for bodily injury and property damage which arise from pesticide
				applications.
(2) Minimum insurance
				coverage for persons who are engaged in aerial application, space fumigation,
				or right-of-way pest management shall be $100,000.00 for each occurrence for
				bodily injury and $25,000.00 for each occurrence for property damage or a
				combined single limit of $300,000.00 for bodily injury and property
				damage.
(3) Minimum insurance for
				persons who are licensed in a category or subcategory described in R 285.636.3
				shall be $100,000.00 for each occurrence for bodily injury and $25,000.00 for
				each occurrence for property damage, except as prescribed in subrule (2) of
				this rule.
(4) If an applicant is
				qualified for a license in 2 or more application categories with different
				minimum financial responsibilities, the greater requirement shall
				apply.
(5) A single comprehensive
				general liability insurance policy, as prescribed in subrules (2) and (3) of
				this rule, may be written to provide financial responsibility coverage for more
				than 1 licensed place of business owned and operated by the same
				person.
(6) If the required
				insurance coverage for a license expires or is canceled during the license
				period, the license shall be suspended and the licensee shall surrender the
				license to the director for the remainder of the licensing period or until such
				time as the financial responsibility requirements have been complied
				with.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 636 - Pesticide Applicators › Section R. 285.636.15 - Commercial applicator records

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1) All
				commercial applicators shall maintain verifiable records of restricted-use
				pesticide applications for a period of not less than 3 years following the
				application. The records shall show all of the following information:
(a) The name and EPA registration number of
				the pesticide applied.
(b)
				Concentration of the pesticide applied.
(c) The amount of pesticide end use dilution
				applied.
(d) The target pest,
				purpose, or crop site.
(e) The date
				the pesticide was applied.
(f) The
				address or location of pesticide application.
(g) The method and the rate of
				application.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 636 - Pesticide Applicators › Section R. 285.636.16 - Supervision of noncertified applicators

Current through Vol. 24-12, July 15, 2024
Rule 16.
(1) A
				certified applicator who functions in a supervisory role shall be responsible
				for the actions of a noncertified applicator under his or her instruction or
				management.
(2) A certified
				applicator shall provide verifiable instructions for the application of a
				restricted-use pesticide applied by a noncertified applicator under his or her
				management when the certified applicator is not required to be physically
				present. The verifiable instructions may be either oral or written and shall
				include instructions for contacting the certified applicator.
(3) The certified applicator shall be
				physically present to supervise the application of a pesticide by a
				noncertified applicator if such presence is required by the label of the
				pesticide being applied, by this act, or by the director.
(4) Each pilot who applies pesticides from an
				aircraft shall be certified pursuant to the applicable provisions of R
				285.636.4.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 636 - Pesticide Applicators › Section R. 285.636.17 - Authorization for application of general-use pesticides by noncertified or nonregistered applicators

Current through Vol. 24-12, July 15, 2024
Rule 17. Upon written application to the director and after
				  review by the pesticide advisory committee, the director may authorize the
				  incidental use of general-use pesticides by noncertified or nonregistered
				  applicators if the person is not regularly engaged to apply pesticides for
				  hire, the pesticide application is not the primary work assignment, and the
				  pesticide application is an integral part of another
				  operation.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 637 - Pesticide Use › Section R. 285.637.2 - Definitions; P to W

Current through Vol. 24-12, July 15, 2024
Rule 2. As used in these rules:
(a) "Pesticide-containing material" means any
				of the following:
(i) Any container of a
				pesticide product that has not been triple rinsed or the equivalent
				thereof.
(ii) Any rinsate that is
				derived from a pesticide container, pesticide application equipment, or
				equipment washing.
(iii) Any
				material that is used to collect or contain excess or spilled pesticide or
				rinsate.
(iv) Any mixture of
				pesticide and diluent.
(v) Material
				that is generated as a result of contact with or utilization of a pesticide in
				an application, containment, recovery, reuse, or treatment system. The term
				does not include personal protective equipment that contains pesticide
				residue.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 637 - Pesticide Use › Section R. 285.637.4 - Standards for pesticide use

Current through Vol. 24-12, July 15, 2024
Rule 4. A pesticide application shall be made in compliance
				  with all of the following provisions:
(a) A pesticide shall be used in a manner
				that is consistent with its label.
(b) Pesticide applications shall be made in a
				manner that prevents off-target direct discharges of pesticides.
(c) Pesticide application equipment shall be
				in sound mechanical condition and shall be free of leaks and other defects or
				malfunctions that might cause a pesticide to be deposited off-target or in a
				manner that is inconsistent with its label.
(d) Pesticide application equipment shall be
				properly calibrated.
(e) Pesticide
				application equipment shall have properly functioning shutoff valves or other
				mechanisms that enable the operator to prevent off-target discharge.
(f) Pesticide application or loading
				equipment that is designed to draw water shall have a properly functioning
				anti-siphoning device.
(g) At sites
				where pesticides are mixed, loaded, or transferred, an applicator shall
				maintain and utilize equipment in a manner that prevents the incidental release
				of pesticides to the environment.
(h) All commercial aerial applicators shall
				maintain pesticide application equipment in compliance with all of the
				following performance standards:
(i) Dry
				breaks shall be used to connect loading hoses to aircraft.
(ii) All hoses shall either be double clamped
				or the equivalent.
(iii) Mesh
				screens on loading hoses shall be at least 20 mesh or finer unless otherwise
				specified by the pesticide manufacturer or the product label.
(iv) Shutoff valves shall be in place at the
				discharge side of the loading pump and on each side of dry breaks.
(v) The loading system shall be flushed with
				clean water at the completion of each individual load, except when using
				undiluted material.
(vi) Equipment
				such as gaskets on quick-disconnect coupling, nozzle check valve diaphragms,
				and o-rings shall be replaced annually.
(vii) An aircraft that has a circulating pump
				system shall have an operating 3-way spray valve that, when in the off
				position, creates a negative pressure on the outlet or boom side.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 637 - Pesticide Use › Section R. 285.637.5 - Registry of persons requiring notification before turf and ornamental application of pesticides

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) The
				department shall maintain a voluntary registry of persons who, due to a
				verifiable medically documented condition, require notification before the
				application of pesticides on a property that is adjacent to their primary
				residences. Upon request, the department shall annually register a person who
				requires notification before the use of pesticides. Each year, the person shall
				submit avalid certificate from a physician who is licensed to practice
				medicine. The certificate shall be on forms provided by the department and
				shall indicate the following information:
(a)
				The current diagnosed condition or ailment of the person that specifies the
				need for notification.
(b) Any
				recommended additional distance notification deemed necessary and substantiated
				by the physician. The physician's information shall include the recommended
				additional distance in feet.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 637 - Pesticide Use › Section R. 285.637.6 - Mixing and loading facilities

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1)
				Pesticide mixing or loading shall not occur at a mixing and loading facility
				unless the mixing or loading is in compliance with the provisions of this
				subrule. Mixing and loading shall only occur on a pad that is in compliance
				with all of the following requirements:
(a)
				The pad shall be constructed with impervious materials, such as sealed
				concrete, plastic, stainless steel, fiberglass or other approved
				materials.
(b) The pad shall be
				bermed, curbed, sloped, or otherwise designed to contain spills, leaks,
				releases, or other discharges that are generated during the mixing and loading
				of pesticides or pesticide-containing materials.
(c) Pesticides or pesticide-containing
				materials that are collected by the pad shall be contained either by the pad
				itself or drained, pumped, or transferred to an additional impermeable,
				aboveground holding tank or reservoir until utilized or disposed of in
				compliance with applicable local, state, and federal laws. The holding tank or
				reservoir shall be suitably constructed to prevent the release of pesticides or
				pesticide-containing materials to the environment.
(d) The pad or holding tank or reservoir
				shall be able to contain the amount of pesticide that could be discharged
				during 1 minute of mixing or loading.
(e) Mixing or loading pads which are located
				outdoors and which are not covered shall also meet either of the following
				criteria:
(i) Have the capacity to contain a
				6-inch rainfall.
(ii) Be cleaned of
				all pesticide residues immediately after spills to prevent contaminants from
				entering rainwater runoff.
(f) Any portable pad or retractable pad that
				is stored in a manner to prevent the interception and subsequent runoff of
				pesticide-containing material shall not be subject to the provisions of
				subdivision (e) of this subrule.
(g) The mixing or loading of pesticides shall
				not occur unless a primary shutoff mechanism is immediately accessible. In
				addition, an emergency shutoff mechanism shall be located upstream from the
				primary shutoff mechanism and shall be positioned to be fully operated within
				30 seconds.
(h) The requirements of
				this rule shall not apply to hand-held equipment.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 637 - Pesticide Use › Section R. 285.637.7 - Washing and rinsing facilities

Current through Vol. 24-12, July 15, 2024
Rule 7. The washing or rinsing of pesticide residues from
				  application equipment, mixing equipment, or other items that are used for the
				  storage, handling, or use of a pesticide shall not be performed at a washing or
				  rinsing facility other than in a designated wash or rinse containment area as
				  required by this rule. Washing and rinsing in a wash and rinse water
				  containment area shall be in compliance with all of the following
				  provisions:
(a) Washing and rinsing
				shall occur on a pad that is constructed of impervious materials, such as
				sealed concrete, plastic, stainless steel, fiberglass, or other approved
				material.
(b) The pad shall be
				designed to contain pesticides and pesticide-containing materials that are
				generated during washing and rinsing and prevent the release of such material
				to the environment.
(c) Washing and
				rinsing may occur at a mixing and loading facility.
(d) The requirements of this rule shall not
				apply to any of the following:
(i) Situations
				that constitute an emergency where washing or rinsing pesticide residues from
				equipment or other items is necessary to prevent imminent harm to human health
				or the environment.
(ii) Aircraft
				used by aerial applicators.
(iii)
				Hand-held equipment.
(iv) Any other
				equipment that is excluded by the director after a review of supporting
				documentation.
(v) Pesticide
				containers being prepared for disposal consistent with their label directions
				or R 285.637.8.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 637 - Pesticide Use › Section R. 285.637.8 - Management of excess pesticides and pesticide - containing materials

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) Persons
				who have pesticide-containing materials that consist of pesticides for which
				federal or state registration has not been suspended may, except as provided in
				subrules (3) and (4) of this rule, use these materials as a pesticide in
				accordance with the instructions for use on the label of the pesticide or
				pesticides they contain. Both of the following uses of pesticides or
				pesticide-containing material are considered to be uses in accordance with
				label directions:
(a) The application of a
				pesticide or pesticide-containing material to a labeled site so that the total
				application rate of the active ingredient does not exceed directions for use
				provided on the label.
(b)
				Pesticide-containing materials that are used as diluents in subsequent mixtures
				of pesticides and diluents if the subsequent applications of such mixtures are
				in compliance with the provisions of subdivision (a) of this subrule.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 637 - Pesticide Use › Section R. 285.637.9 - Personal protective equipment

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) A
				pesticide applicator shall follow label directions regarding personal
				protective equipment.
(2)
				Commercial applicators who use a pesticide shall comply with all of the
				following minimum protective equipment requirements, unless otherwise directed
				by the pesticide product label:
(a) Long
				pants shall be worn.
(b) Footwear
				that provides protection from exposure to the pesticide being used shall be
				worn.
(c) Long-sleeve clothing
				shall be worn. Short-sleeve clothing may be worn if water and soap or other
				protection is in place that provides comparable or greater protection is
				immediately available and short-sleeve clothing is not prohibited by the
				pesticide label.
(d) Gloves that
				are impervious to the pesticide in use shall be worn in any situation where the
				individual's hands are likely to come into contact with a pesticide, unless
				other protection is in place that provides comparable or greater
				protection.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 637 - Pesticide Use › Section R. 285.637.10 - Off-target pesticide drift

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1)
				Pesticide applications shall be made in a manner that minimizes off-target
				drift, unless prior authorization and consent as specified in subrule (3) of
				this rule is obtained from the owner or resident of the land onto which drift
				may occur.
(2) Before making a
				pesticide application, an applicator shall do both of the following:
(a) Determine the likelihood of off-target
				drift.
(b) Determine the direction
				of possible off-target drift and any sensitive areas that may be
				impacted.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 637 - Pesticide Use › Section R. 285.637.11 - Commercial notification and posting requirements

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) The
				requirements of this rule do not apply to general-use ready-to-use
				pesticide.
(2) When making a
				broadcast, foliar, or space application of pesticides to an ornamental or turf
				site, other than a golf course or farm production operation, a commercial
				applicator shall comply with both of the following provisions:
(a) In addition to requirements specified in
				R 285.637.12(1) and (2), an applicator shall inform a customer that lawn
				markers should remain posted for 24 hours, after which time the customer should
				remove the lawn markers.
(b)
				Immediately following the application, a commercial applicator shall place a
				lawn marker sign at the primary point or points of entry. Lawn markers
				specified in this subrule (2) must only be used when making pesticide
				applications and must comply with all of the following specifications:
(i) Be 4 inches high by 5 inches
				wide.
(ii) Be constructed of rigid,
				weather-resistant material.
(iii)
				Be attached to a supporting device with the bottom of the marker extending not
				less than 12 inches above the turf.
(iv) Be identically printed on both sides in
				green letters on a white background using the indicated point type
				size.
(v) Include only the
				following information:
(A) The statement
				"CAUTION" in 11/16-inch high (72-point) type.
(B) The statement "Pesticide Application" in
				9/32-inch (30-point) type.
(C) The
				statement "Keep Off Until Dry" in 9/32-inch (30-point) type.
(D) Have not less than a 2-inch diameter
				circular illustration that depicts an adult and child walking a dog on a leash.
				The illustration must depict, using a diagonal line across the circle, that
				this action is prohibited.
(E) The
				statement "Customer: Please Remove After 24 Hours" in 3/32-inch (11-point)
				type.
(F) Additional information
				not required under this subrule may only be placed on the lawn marker or
				supporting device with the written approval of the department.
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Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 637 - Pesticide Use › Section R. 285.637.12 - Applicator service agreements

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) Before
				applying a pesticide, a commercial applicator who is required to be licensed by
				the act, or his or her authorized agent, shall enter into an oral or written
				service agreement with the customer or authorized agent. The agreement shall
				specify all of the following:
(a) The
				customer's consent to services.
(b)
				The name, address, and telephone number of the firm that provides the pesticide
				application services.
(c) The
				approximate schedule, frequency, and duration of anticipated
				services.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 637 - Pesticide Use › Section R. 285.637.13 - Misrepresentation of pesticide safety prohibited

Current through Vol. 24-12, July 15, 2024
Rule 13. A commercial applicator shall not make false,
				  misleading, deceptive, or fraudulent representations concerning pesticide
				  safety. All of the following claims or statements are prohibited:
(a) Any statement that implies a pesticide is
				recommended or endorsed by any federal or state agency.
(b) Claims of absolute safety.
(c) Unsubstantiated or comparative statements
				on the safety of the pesticide, including but not limited to any of the
				following statements:
(i) "Contains all
				natural ingredients."
(ii) "Among
				the least toxic chemicals known."
(iii) "Pollution approved."
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 637 - Pesticide Use › Section R. 285.637.14 - Integrated pest management

Current through Vol. 24-12, July 15, 2024
Rule 14. For all pesticide applications other than
				  sanitizers, germicides, disinfectants, or antimicrobial agents made in schools,
				  public buildings, day care centers, and health care facilities, both of the
				  following provisions shall be complied with before any pesticide
				  application:
(a) A pesticide
				applicator shall have verifiable participation in a training program which is
				approved by the director, and which includes all of the following integrated
				pest management elements:
(i) Site evaluation,
				including all of the following:
(A) Site
				description.
(B) Site
				inspection.
(C) Site
				monitoring.
(D) The concept of
				threshold levels.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 637 - Pesticide Use › Section R. 285.637.15 - Pesticide use in and around schools and day care centers

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1) All
				pesticide applications other than sanitizers, germicides, disinfectants, and
				anti-microbial agents that are made in and around schools, public buildings,
				day care centers, and health care facilities, are subject to the provisions of
				this rule.
(2) Outdoor ornamental
				and turf applications of liquid spray pesticides shall not be made on school
				grounds within 100 feet of occupied classroom buildings during normal school
				class hours or when persons are using the treatment area.
(3) An applicator shall notify the school or
				day care center's building manager of any reentry intervals that are required
				by labels of any pesticide that the applicator has applied in a school building
				or day care center, or on any school or day care center property.
(4) Annual notification of pesticide
				applications required under MCL 324.8316(2) shall include designation of the
				commonly used primary entrances at which posting of pesticide application
				information required under MCL 324.8316(3) shall occur.
(5) During the months when school is not in
				regular session, school administrators may utilize a message notification
				system that parents or guardians may access at least 1 day before application.
				If this alternative is utilized, parents or guardians shall be advised how the
				information may be obtained.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 637 - Pesticide Use › Section R. 285.637.16 - Organic farms; listing

Current through Vol. 24-12, July 15, 2024
Rule 16.
(1) The
				department shall annually compile a listing of organic farms.
(2) The department shall provide the listing
				to all commercial pesticide application firms that are licensed in
				agricultural, right-of-way, or aerial application.
(3) A person who owns or operates an organic
				farm may appear on the department's organic farm listing by doing both of the
				following:
(a) Submitting a request to the
				department, on the department's form, by March 1 of each year.
(b) Marking the organic farm so that a person
				who makes a pesticide application to an adjacent property can easily recognize
				the property as an organic farm.