Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 637 - Pesticide Use › Section R. 285.637.1 - Definitions; A to O

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules:
(a) "Act" means 1994 PA 451, MCL
				324.8301.
(b) "Broadcast" means any
				application of pesticides over an area, such as a lawn, field, room, crawl
				space, or other such surface. The term does not include crack and crevice or
				spot applications made to selected plants, insects, soil, or other
				surfaces.
(c) "Building manager"
				means the person who is responsible for the building's pest management program
				and to whom any reporting and notification shall be made pursuant to these
				rules.
(d) "Commercial building"
				means any building or portion thereof which is not a private residence where a
				business is located and which is frequented by the public.
(e) "Community pesticide application" means
				an application of pesticides to multiple properties for which the commercial
				applicator does not have a service agreement with each individual property
				owner or resident, such as local mosquito control and gypsy moth spray
				programs. Apartments, town houses or condominiums are considered a single
				property under this definition.
(f)
				"Crack and crevice" means the application of insecticide into openings commonly
				found at expansion joints, between different elements of construction, and
				between equipment and floors.
(g)
				"Dry break" means a 1 or 2-piece 'in-line' aperture or area used for accepting
				or drawing liquid, which is separate from the active circulating system, and
				not subject to positive or negative pressure during the application process.
				This aperture may include a spring operated plunger device to prevent leakage
				in the event of shutoff valve failure.
(h) "Emergency situation" means an occurrence
				which is not reasonably foreseeable and which requires attention and action
				before the time required for notice pursuant to MCL 324.8316(3) in order to
				protect or enhance the health or safety of those reasonably believed to be
				involved with, or exposed to, the occurrence.
(i) "FIFRA" means the federal insecticide,
				fungicide, and rodenticide act of 1947, as amended,
				7
				U.S.C. §136 et seq.
(j) "Health care facility" means a facility
				which is not a private home and at which people may stay 1 or more nights and
				receive medical care, such as a hospital or nursing home.
(k) "Mixing and loading facility" means a
				site for commercial applicators that has the following meanings:
(i) For commercial aerial applicators, the
				term means the primary location in Michigan at which pesticides are repackaged,
				loaded, mixed, or transferred from 1 container to another.
(ii) For all other commercial applicators,
				the term means a location or site where pesticides are transferred from one
				container to another, repackaged, or mixed in dry or liquid form for over 10
				days in any calendar year, but does not mean a pesticide-producing
				establishment as defined by FIFRA, unless the establishment also transfers,
				repackages, or mixes dry or liquid pesticides. Transfer between containers
				includes transfers to pesticide application equipment and nurse tanks. Any
				mixing or loading site that is owned or operated within a 1/2-mile radius of
				another site that is owned or operated by the same person will be considered as
				the same facility or site.