reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Agriculture and Rural Development › Food and Dairy Division › RegulationNo 569 - Smoked Fish › Section R. 285.569.15 - Documentation of proposed variance and justification

Current through Vol. 24-12, July 15, 2024
Rule 15. Before a variance from these rules is approved by
				  the director of the department, the information that is provided by the person
				  requesting the variance shall include all of the following:
(a) A statement of the proposed variance from
				the rule requirements that cites the relevant rule numbers.
(b) An analysis of the rationale for how the
				potential public health hazards addressed by the relevant rule will be
				alternatively addressed by the proposal. If not included in the analysis, the
				director may require, but shall not be limited to requiring, any of the
				following:
(i) A letter from a process
				authority.
(ii) Copies of relevant
				articles from scientific journals.
(iii) Studies obtained or performed
				consisting of not less than 3 processing runs showing that under the requested
				parameters the desired result is reliably achieved.
(iv) Laboratory analyses that demonstrate
				both of the following:
(A) For Clostridium
				botulinum, zero toxin production in the fish product through a time period
				beyond the shelf life of the product of not less than 1/3 of the shelf life,
				demonstrated through inoculated pack studies under normal and moderate abuse
				conditions.
(B) No detectable
				Listeria monocytogenes in the final fish product.
(v) Actual federal, state, or local
				government regulations or advisories.
Michigan Administrative Code › Department - Agriculture and Rural Development › Food and Dairy Division › RegulationNo 569 - Smoked Fish › Section R. 285.569.16 - Operator requirements if variance granted or HACCP plan required; revocation of variance; expiration of variance

Current through Vol. 24-12, July 15, 2024
Rule 16.
(1) If the
				director of the department grants a variance or if a HACCP plan is otherwise
				required, the operator shall comply with all of the following provisions:
(a) Comply with the HACCP plan and procedures
				that are submitted as a basis for the modification or waiver.
(b) Maintain and provide to the director of
				the department, upon request, records specified in R 285.569.18 that
				demonstrate that all of the following are routinely employed:
(i) Procedures for monitoring critical
				control points.
(ii) Monitoring of
				the critical control points.
(iii)
				Verification of the effectiveness of an operation or process.
(iv) Necessary corrective actions if there is
				a failure at a critical control point.
(c) Notify the director of the department, in
				writing, when any change, replacement, or modification to the information
				required under R 285.569.15 has been made which affects any requirement listed
				under R 285.569.17.
Michigan Administrative Code › Department - Agriculture and Rural Development › Food and Dairy Division › RegulationNo 569 - Smoked Fish › Section R. 285.569.17 - Contents of a HACCP plan

Current through Vol. 24-12, July 15, 2024
Rule 17. Where not preempted by federal statute, HACCP plans
				  prepared in accordance with R 285.569.15 shall specify, for each type of fish
				  product, all of the following information:
(a) The identity of the individual smoked
				fish product or categorization of like products that the plan
				addresses.
(b) The potential food
				safety hazards, such as microbiological, chemical, or physical hazards, that
				may cause a fish product to be unsafe for human consumption.
(c) A flow diagram that depicts the
				operator's entire fish processing procedures and identifies each critical
				control point.
(d) Employee and
				supervisory training plans that address the food safety issues of
				concern.
(e) A statement of
				standard operating procedures for the plan under consideration, including
				clearly identifying all of the following:
(i)
				Each critical control point, including all of the following:
(A) Raw material thawing.
(B) Brining or dry salting.
(C) Smoking.
(D) Cooling after smoking.
(E) Post-smoke processing, if any.
Michigan Administrative Code › Department - Agriculture and Rural Development › Food and Dairy Division › RegulationNo 569 - Smoked Fish › Section R. 285.569.18 - Processes requiring variance

Current through Vol. 24-12, July 15, 2024
Rule 18. All of the following processes require a variance
				  under R 285.569.15:
(a) The production
				of cold process smoked fish.
(b)
				Subjecting smoked fish to reduced oxygen packaging.
(c) The use of additives that reduce the
				level of, combine with, or replace, in whole or in part, the sodium chloride
				used in the smoked fish product at the required level, such as sodium nitrite,
				potassium chloride, or any other approved food additive.
Michigan Administrative Code › Department - Agriculture and Rural Development › Food and Dairy Division › RegulationNo 569 - Smoked Fish › Section R. 285.569.19 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 19. R 285.541.1 to R 285.541.11 of the Michigan
				  Administrative Code, appearing on pages 1200 to 1202 of the 1979 Michigan
				  Administrative Code, are rescinded.
Michigan Administrative Code › Department - Agriculture and Rural Development › Food and Dairy Division › RegulationNo 570 - Food Establishment Manager Certification › Section R. 289.570.1 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. Terms defined in 2000 PA 92, MCL 289.1101 to
				  289.8111, have the same meaning when used in these rules. As used in these
				  rules:
(a) "Accredited certification
				program" means the "Standards for Accreditation of Food Protection Manager
				Certification Programs As Amended by the 2008 Biennial Conference for Food
				Protection." The standards may be obtained by writing the Conference for Food
				Protection at 1302 Silver Spur Circle, Lincoln, CA. 956 48 or by visiting
www.foodprotect.org
. The term includes
				the following:
(i) Refers to the certification
				process and is a designation based upon an independent evaluation of factors
				such as the sponsor's mission; organizational structure; staff resources;
				revenue sources; policies; public information regarding program scope,
				continued proficiency, discipline and grievance procedures; and test
				development and administration.
(ii) Does not refer to training functions or
				educational programs.
Michigan Administrative Code › Department - Agriculture and Rural Development › Food and Dairy Division › RegulationNo 570 - Food Establishment Manager Certification › Section R. 289.570.2 - Certified manager; obtaining, maintaining, and replacing duties

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) Food
				establishments required to have a certified manager under section 29 of the
				food law, 2000 PA 92, MCL 289.2129, shall continually employ at least 1
				certified manager. The certified manager shall be a full-time employee of the
				establishment. The certified manager need not be present during all hours of
				operation. If more than 1 food establishment operated by the same person is
				located on the same property or contiguous properties, only 1 manager is
				required to be certified if that manager performs the duties under subrule (4)
				of these rules for each establishment. The establishment shall assure that
				recertification requirements are met before certification expires.
(2) Upon loss of a certified manager or a
				change of ownership, a new certified manager must be employed within 90 days of
				the date of the loss of the previous certified manager.
(3) Newly licensed establishments required to
				have a certified manager shall employ a certified manager by the first day of
				operation.
(4) Each food
				establishment required to employ a certified manager shall employ a certified
				manager who has direct authority, or exercises control or supervision, over the
				food employees. The certified manager shall be involved in the daily operations
				of the establishment and carry out the person-in-charge duties described in
				food code sections 2-102.11, 2-103.11, 2-201.11, 2-201.12 and
				2-201.13.
Michigan Administrative Code › Department - Agriculture and Rural Development › Food and Dairy Division › RegulationNo 570 - Food Establishment Manager Certification › Section R. 289.570.3 - Certified manager; certificates, records

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) Valid
				original or duplicate certificates of certified managers shall be maintained at
				the establishment and be made available for inspection upon request.
(2) The director may request other records be
				provided to verify compliance with these rules such as payroll records, work
				schedules, or valid identification. An establishment shall provide copies of
				records requested in this subrule within 3 business days of the
				request.
Michigan Administrative Code › Department - Agriculture and Rural Development › Food and Dairy Division › RegulationNo 570 - Food Establishment Manager Certification › Section R. 289.570.4 - Conflict with applicable local laws; cooperation

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) Local
				regulations may be established that do not conflict with these rules including,
				but not limited to, registration of individuals, enforcement, and penalties.
				The department may coordinate with local authorities and share information in
				the enforcement of these rules and regulations.
(2) Provisions of local regulations in effect
				prior to April 1, 2008 that are more restrictive than those provided under MCL
				289.2129 (1)(a), or these rules, may remain in effect.
Michigan Administrative Code › Department - Agriculture and Rural Development › Food and Dairy Division › RegulationNo 570 - Food Establishment Manager Certification › Section R. 289.570.5 - Variances

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) The
				department may grant a statewide variance to a group of establishments by
				modifying or waiving the requirements of section 2129 of 2000 PA 92, MCL
				289.2129, or these rules.
(2) The
				director may grant a variance to an individual food establishment by modifying
				or waiving the requirements of section 2129(1) of 2000 PA 92, MCL 289.2129, or
				these rules.
(3) Variance
				justification and procedures shall follow food code sections 8-103.10 and
				8-103.11.
Michigan Administrative Code › Department - Agriculture and Rural Development › Food and Dairy Division › RegulationNo 570 - Food Establishment Manager Certification › Section R. 289.570.6 - Enforcement

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) To allow
				for development of the necessary training infrastructure, the enforcement of
				these rules for public and nonpublic schools shall be delayed until 2 years
				after the effective date of these rules.
(2) Based on an assessment of the necessary
				training infrastructure, the director may develop agency specific plans and
				phase-in enforcement for establishments other than schools between 6 months and
				2 years after the effective date of these rules. The assessment may include the
				preexistence of similar local regulations, a determination of the level of
				course access that exists within the agency's geographic area and the overall
				level of compliance by regulated establishments.
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 202 - Fresh Fruits And Vegetables Containing Poisonous Spray Residue (Rescinded)

Current through Vol. 24-12, July 15, 2024
DEPARTMENT OF AGRICULTURE
CHEMICAL LABORATORIES DIVISION
REGULATION NO. 202. FRESH FRUITS AND VVEGETABLES
				CONTAINING
POISONOUS
SPRAY RESIDUE
By Authority of section 5 of 1935 PA 137, MCL
				  286.345
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 548 - Sale of Cherries Suspended In Liquid › Section R. 285.548.1 - Quantity determinations

Current through Vol. 24-12, July 15, 2024
Rule 1. When a person, firm, or corporation purchases
				  cherries by volume suspended in liquid, the quantity determination shall be
				  made as follows:
(a) Cherries shall be
				held in a tank containing sufficient liquid to at least entirely cover the
				cherries at the time of measurement. The determination shall be made only after
				the cherries have been transported a distance of at least 1/2 mile in the tank,
				or have reached a constant level.
(b) The determination shall be made at the
				time custody of the cherries is transferred from the grower to the buyer or an
				agent of the buyer.
(c) The
				determination shall be made using a standardized cherry measurement tank and a
				calibrated gauge rod, both of which shall meet the requirements of these
				rules.
(d) The determination shall
				be made only when the cherry measurement tank is in a level
				condition.
(e) The determination
				shall be made and recorded in terms of cubic feet and decimal fractions of a
				cubic foot, with no conversion to weight allowed.
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 548 - Sale of Cherries Suspended In Liquid › Section R. 285.548.2 - Cherry measurement tanks

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) A cherry
				measurement tank shall be designed to be in a normal operating position when it
				is in level.
(2) A tank shall be of
				the center reading type; that is, it shall be so designed that a gauge rod,
				when properly positioned for use, will be approximately in the vertical axis of
				the tank centrally positioned with respect to the tank walls.
(3) A tank shall be rectangular or square in
				design but its length shall not exceed its width by more than 1/3.
(4) The cross sectional area of a tank shall
				be constant at any level and the tank shall be so constructed that under any
				condition of lading it will not be distorted sufficiently to cause a change in
				the capacity at any level equal to more than 16 cubic inches. This requirement
				prescribes a limit on permissible distortion only, and is not to be construed
				as a secondary, additional tolerance.
(5) A tank shall be of such material, design,
				and construction that under normal handling it will maintain its rectangular or
				square design and required accuracy for a reasonable length of time.
(6) A tank shall be conspicuously and
				permanently marked to indicate the cubic capacity of the tank per inch depth
				throughout its measurement range.
(7) A tank manufactured and offered for sale
				after the effective date of these rules shall be marked with the name and
				address of the manufacturer.
(8)
				The maintenance and acceptance tolerance on a tank with a capacity of 30 cubic
				feet or less shall be 150 cubic inches in excess or deficiency; that is, the
				cubical content at any point in the tank within the measurement range shall not
				differ more than 150 cubic inches from a calculated volume determined by
				multiplying the depth of the tank from that point by the indicated cubical
				capacity of the tank per inch depth, except as provided for in subrule
				(9).
(9) The maintenance tolerance
				for a tank now in use for the determination of volume measurement shall be 1%
				excess or deficiency within the measurement range; however, a tank that does
				not meet all of the requirements in this rule shall not be used after January
				1, 1973.
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 548 - Sale of Cherries Suspended In Liquid › Section R. 285.548.3 - Cherry gauge rods

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) The
				indicating means shall consist of a calibrated gauge rod and level indicating
				plate.
(2) The rod shall be of
				rigid design, made of stainless steel smoothly finished with the probe and
				tapered to 1/2 inch, and, when properly seated in position, shall touch the
				bottom of the holding tank being measured. The rod shall be graduated
				throughout an interval corresponding to the range within which readings of the
				cherry level are to be made.
(3) On
				a rod the spacing of the graduation center to center shall be not more than
				.0625 (1/16) inch and not less than .03125 (1/32) inch. The graduation shall be
				not less than .005 inch in width and the clear interval between adjacent edges
				of successive graduations shall be not less than .015625 (1/64) inch. The
				graduations shall be designated in inches, 0.5 inches, 0.1 inches, and 0.02
				inches.
(4) The level indicating
				plate assembly shall consist of a rigid plate and a slider tube designed to
				move up and down the calibrated gauge rod. The rigid plate shall be a
				perforated round disk of stainless steel, 10 inches in diameter, with the
				perforations not exceeding 3/8 inch in diameter. The plate shall be permanently
				attached to the slider tube. The slider assembly shall move freely on the gauge
				rod without slip and shall weigh 4 pounds, plus or minus 1/10 of 1%.
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 548 - Sale of Cherries Suspended In Liquid › Section R. 285.548.4 - Price and delivery tickets

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) The
				price of cherries in liquid shall be established on a cubic foot basis, with no
				conversion to weight allowed.
(2) A
				delivery ticket in duplicate shall be issued by the receiver for each lot of
				cherries received. The original shall be retained by the receiver and a copy
				given to the grower. A delivery ticket shall bear the following:
(a) Name and address of receiver.
(b) Name and address of grower.
(c) Date of receival.
(d) Cubical content of the tank per 1 inch
				depth.
(e) Depth of the cherries
				contained in the tank to the nearest .02 of an inch.
(f) Total cubic feet of cherries and decimal
				fraction thereof contained in the tank.
(g) Signature of the person making the
				quantity determination.
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 548 - Sale of Cherries Suspended In Liquid › Section R. 285.548.9 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 9. Regulations Nos. 504, 509, 511, 512, 516, 517, 519,
				  524 and 526, being R 285.504, R 285.509, R 285.511, R 285.512, R 285.516, R
				  285.517, R 285.519, R 285.524 and R 285.526 of the Michigan Administrative Code
				  and appearing on pages 1528 to 1531, 1534, 1536, 1547 and 1550 of the 1954
				  volume of the Code, and Regulation No. 529, being R 285.529.1 to R 285.529.4 of
				  the Michigan Administrative Code and appearing on pages 1188 and 1189 of the
				  1959 Annual Supplement to the Code, are rescinded.
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 561 - Dispensing Facility Reid Vapor Pressure › Section R. 285.561.1 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Act" means 1984 PA 44,
				MCL 290.641.
(b) "ASTM
				International" means the scientific and technical organization founded for the
				development of standards and located at 100 Barr Harbor Drive, W. Conshohocken,
				PA 19428-2959.
(c) "Reformulated
				gasoline" or "RFG" means gasoline that fully satisfies the federal
				specifications for reformulated gasoline as defined in the clean air act
				amendments of 1990,
				42 U.S.C.
				§7545 et seq.
(d) "Vapor pressure" means the vapor pressure
				of gasoline or gasoline oxygenate blends as determined by any of the following
				ASTM International test methods:
(i) Test
				method D 5191-07 (2007), entitled, "Standard Test Method for Vapor Pressure of
				Petroleum Products (Mini Method)."
(ii) Test method D 5482-07 (2007), entitled,
				"Standard Test Method for Vapor Pressure of Petroleum Products (Mini
				Method-Atmospheric)."
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 561 - Dispensing Facility Reid Vapor Pressure › Section R. 285.561.2 - Applicability of rule; control period; authority of director to implement requirement for other locations

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) This
				rule shall apply for dispensing facilities in the following counties for the
				control period June 1 through September 15 until the measure is no longer
				required for air quality maintenance as provided for in section 10d of the act:
(a) Wayne.
(b) Livingston.
(c) Washtenaw.
(d) Oakland.
(e) Macomb.
(f) St. Clair.
(g) Monroe.
(h) Lenawee.
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 561 - Dispensing Facility Reid Vapor Pressure › Section R. 285.561.3 - Dispensed gasoline; compliance with vapor pressure and ASTM International requirements required

Current through Vol. 24-12, July 15, 2024
Rule 3. Gasoline that is dispensed in the areas specified in
				  R 285.561.2 during the control periods shall be in compliance with the 7.0
				  vapor pressure requirements and shall be in compliance with the associated ASTM
				  International D 4814-08b (2008) distillation class requirements as required by
				  section 3 of the act, unless an exemption from these rules specified in R
				  285.561.7 applies. ASTM International D 4814-08b (2008) is adopted by reference
				  in R 285.561.10.
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 561 - Dispensing Facility Reid Vapor Pressure › Section R. 285.561.4 - Recordkeeping

Current through Vol. 24-12, July 15, 2024
Rule 4. Recordkeeping requirements are specified in section
				  7(3) and (4) and section 9b(2) of the act.
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 561 - Dispensing Facility Reid Vapor Pressure › Section R. 285.561.5 - Sampling

Current through Vol. 24-12, July 15, 2024
Rule 5. Sampling requirements are specified in sections 3 and
				  7(4) of the act. Gasoline sampling for volatility shall be in compliance with
				  the procedure contained in the federal regulation entitled, "Sampling Methods
				  for Gasoline and Diesel Fuel" 40 C.F.R. part 80.8 (July 2007). The regulations
				  are adopted by reference in R 285.561.10.
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 561 - Dispensing Facility Reid Vapor Pressure › Section R. 285.561.6 - Testing

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) Gasoline
				testing procedure for vapor pressure shall be in compliance with the procedure
				contained in the federal regulations entitled, "Measurement of Reformulated
				Gasoline Fuel Parameters," 40 C.F.R. part 80.46(c) (July 2007). The regulation
				is adopted by reference in R 285.561.10.
(2) Gasoline testing procedure for ethanol
				shall be in compliance with the procedure contained in the federal regulations
				entitled, "Measurement of Reformulated Gasoline Fuel Parameters," "40 C.F.R.
				part 80.46(g)(1) (July 2007) or
				40
				C.F.R. 80.46(g)(2) (July
				2007) The regulation is adopted by reference in R 285.561.10.
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 561 - Dispensing Facility Reid Vapor Pressure › Section R. 285.561.7 - Exceptions from rules

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1)
				Dispensing facilities at a vehicle manufacturer's proving grounds or other
				testing facilities, or at the facilities of a manufacturer's agent, that are
				used exclusively for the testing of vehicles, components, or materials are
				exempt from these rules.
(2) At a
				vehicle manufacturer's assembly facility, the fueling of production line
				vehicles before sale for in-plant relocation or distribution, or both, is
				exempt from these rules.
(3)
				Gasoline that is in compliance with the federal requirements and specifications
				for RFG as defined in the clean air act amendments of 1990,
				42 U.S.C.
				§7545 et seq., is exempt from these
				rules.
(4) Gasoline that exceeds
				the vapor pressure limits does not violate these rules if the gasoline is
				separately stored, sealed, clearly labeled, and not used until it is in
				compliance with this rule. The label shall state that the gasoline is
				prohibited by Michigan law from being sold, dispensed, supplied, offered for
				sale, offered for supply, transported, or exchanged in trade in the areas
				specified in R 285.561.2 until the specific date that the gasoline is in
				compliance with these rules.
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 561 - Dispensing Facility Reid Vapor Pressure › Section R. 285.561.8 - Gasoline; compliance

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) If field
				analysis shows that the vapor pressure is 7.0 or less, then the gasoline will
				be deemed to be in compliance with the requirements in section 3 of the
				act.
(2) If field analysis shows
				that the vapor pressure is above 7.0 psi, but is not more than 8.0 psi and the
				gasoline contains between 9.0 and 10.0% ethanol by volume, then the gasoline
				will be deemed to be in compliance with the vapor pressure requirements in
				section 3 of the act.
(3) If field
				analysis shows the vapor pressure is between 7.0 and 7.5 psi, then the bills of
				lading and other delivery documents are subject to review by the department to
				determine the source of the gasoline. If the bills of lading and other delivery
				documents show RFG was delivered and the gasoline is registered with the
				department under section 6(12) of the act and meets all of the specifications
				in the registration, then the gasoline will be deemed to be in compliance with
				the requirements of section 3 of the act.
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 561 - Dispensing Facility Reid Vapor Pressure › Section R. 285.561.9 - Stop use orders; seizure; fines and penalties

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) Gasoline
				that is not in compliance with these rules shall be subject to stop use orders
				as provided for in section 7(5) of the act and section 13 of 1964 PA 283, MCL
				290.613, or seizure as provided for in section 7(5) of the act and section 15
				of 1964 PA 283, MCL 290.613.
(2)
				Administrative fines and civil and criminal penalties are specified in sections
				10, 10a, and 10b of the act.
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 561 - Dispensing Facility Reid Vapor Pressure › Section R. 285.561.10 - Adoption of standards by reference

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) The
				provisions of 40 C.F.R. part 80, subpart A and D (July 2007), are adopted by
				reference in these rules and may be purchased from the Superintendent of
				Documents, United States Government Printing Office, P.O. Box 37954,
				Pittsburgh, Pennsylvania 15250-7954, or from the Michigan Department of
				Agriculture, P.O. Box 30017, Lansing, Michigan 48909, at a cost as of the time
				of adoption of these rules of $62.00.
(2) The department adopts the following
				standards of the ASTM for gasoline or an ASTM Method approved the department:
(a) D 4814-08b (2008)
(b) D 5191-07 (2007)
(c) D-5482-07 (2007)
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 562 - Labeling of Retail Gasoline Dispensers › Section R. 285.562.1 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Act" means 1984 PA 44,
				as amended, MCL 290.641 et seq.
(b)
				"Alcohol" means a volatile, flammable liquid which has the general formula
				CnH(2n+1)OH, which is used or sold for the purpose of blending or mixing with
				gasoline for use in motor vehicles, and which is commonly or commercially known
				or sold as an alcohol, including ethanol or methanol.
(c) "Biomass-based diesel" means a diesel
				fuel substitute produced from non-petroleum renewable resources and includes
				fuel derived from animal wastes, including animal fat and poultry wastes and
				other waste materials, or from municipal solid waste, sludge, and oils derived
				from wastewater. Biomass-based diesel does not mean biodiesel as defined in the
				act.
(d) "Co-solvent" means an
				alcohol, other than ethanol or methanol, which is blended with either ethanol
				or methanol, or both, to minimize phase separation in gasoline.
(e) "Ethanol" means ethyl alcohol, which is a
				flammable liquid having the formula C2 H5 OH and which is used or sold for the
				purpose of blending or mixing with gasoline for use in motor
				vehicles.
(f) "Methanol" means
				methyl alcohol, which is a flammable liquid having the formula CH3 OH and which
				is used or sold for the purpose of blending or mixing with gasoline for use in
				motor vehicles.
(g) "Motor fuel"
				means a fuel suitable for use in a vehicle that is propelled by an internal
				combustion engine or motor and is designed to permit the vehicle to operate on
				public roadways. It includes, but is not limited to, diesel fuel, gasoline,
				biodiesel, biodiesel blends, and hydrogen fuel.
(h) "Motor fuel storage tank" means a
				stationary storage system used for motor fuel with greater then 550 gallons
				capacity.
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 562 - Labeling of Retail Gasoline Dispensers › Section R. 285.562.2 - Gasoline dispenser notice; content

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) A retail
				dealer shall not transfer, sell, dispense, or offer gasoline for sale in this
				state unless every dispenser is posted with a notice which contains all of the
				following information listed in the following order:
(a) The statement: "MEETS MICH. QUALITY &
				PURITY STANDARDS FOR".
(b) The name
				of 1 of the 9 uniform gasoline grades established in section 3 of the act or
				the name of a special grade listed with and approved by the department pursuant
				to R 285.564.3(2).
(c) A statement
				that the gasoline contains methanol, co-solvent, or any additives in the amount
				of 1% or more by volume and the information required in subrule (2) of this
				rule. If the gasoline does not contain additives in the amount of 1% or more by
				volume or contains an alcohol or ether that has a molecular weight greater than
				ethanol and is not mixed with methanol or ethanol, the dispenser is not
				required to be posted with a list of additives.
(d) The statement: "CONSUMER COMPLAINT
				TOLL-FREE HOT LINE: CALL1-800-MDA-FUEL."
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 562 - Labeling of Retail Gasoline Dispensers › Section R. 285.562.3 - Diesel, biodiesel, and biomass-based diesel dispenser notice; content

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) A retail
				dealer shall not transfer, sell, dispense, or offer diesel, biodiesel,
				biodiesel blend, biomass-based diesel, or biomass-based diesel blend for sale
				in this state unless every dispenser is posted with a notice which contains all
				of the following information listed in the following order:
(a) The statement: "MEETS MICH. QUALITY &
				PURITY STANDARDS FOR".
(b) The
				commodity name and content statement as follows:
(i) Diesel blended to contain greater than 5%
				and up to and including 20% by volume biodiesel must state "BIODIESEL BLEND:
				CONTAINS BIODIESEL IN QUANTITIES BETWEEN 5 PERCENT AND 20 PERCENT."
(ii) Diesel blended to contain greater than
				20% by volume biodiesel must state "B____, BIODIESEL BLEND: CONTAINS MORE THAN
				20% BIODIESEL" where the blank is to be filled in with the volume percentage of
				biodiesel in the diesel fuel blend.
(iii) 100% biodiesel must state "B 100
				BIODIESEL; CONTAINS 100 PERCENT BIODIESEL"
(iv) Diesel blended to contain greater than
				5% and up to 20% by volume biomass-based diesel or combination of biomass-based
				diesel and biodiesel must state "BIOMASS-BASED DIESEL BLEND; CONTAINS
				BIOMASS-BASED DIESEL OR BIODIESEL IN QUANTITIES BETWEEN 5 PERCENT AND 20
				PERCENT"
(v) Diesel blended to
				contain greater than 20% by volume biomass-based diesel or combination of
				biomass-based diesel and biodiesel must state: "____% BIOMASS-BASED DIESEL
				BLEND; CONTAINS MORE THAN 20% BIOMASS-BASED DIESEL OR BIODIESEL" where the
				blank is to be filed in with the volume percentage of biomass-based diesel in
				the diesel fuel blend.
(vi) 100%
				biomass based diesel must state "100% BIOMASS BASED DIESEL; CONTAINS 100
				PERCENT BIOMASS-BASED DIESEL"
(vii)
				Diesel not blended with biodiesel or biomass-based diesel or blended to contain
				0-5% of biodiesel or 0-5% biomass-based diesel or 0-5% by volume combination
				thereof must be labeled as:
(A) "ULTRA-LOW
				SULFUR HIGHWAY DIESEL FUEL" for a diesel fuel containing 15 ppm sulfur
				maximum.
(B) "LOW SULFUR HIGHWAY
				DIESEL FUEL" for a diesel fuel containing 500 ppm sulfur maximum.
(C) "NON-HIGHWAY DIESEL FUEL" for a diesel
				fuel exceeding 500 ppm Sulfur.
(c) The statement: "CONSUMER COMPLAINT
				TOLL-FREE HOT LINE: CALL 1-800-MDA-FUEL."
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 562 - Labeling of Retail Gasoline Dispensers › Section R. 285.562.4 - Placement of notices

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) The
				notice or notices shall be located on every side of the dispenser which has a
				price computation or quantity display panel and shall be placed not less than
				34 inches and not more than 78 inches above the driveway elevation.
(2) If more than 1 grade of motor fuel is
				offered from a single dispenser, 1 notice on every side of the dispenser with a
				price computation or quantity display panel containing the information required
				in Rule 2(1)(a) and (d) and Rule 3(1)(a) and (c) is acceptable. If 1 notice is
				used for the information required in Rule 2(1)(a) and (d) and Rule 3(1)(a ) and
				(c), the information required in Rule 2(1)(b) and (c) and Rule 3(b) shall be
				required to be separately posted for each motor fuel or gasoline grade offered
				from the dispenser and shall be located immediately adjacent to either the
				associated brand name, the associated pump nozzle, or the unit price for that
				motor fuel in a manner which clearly corresponds the required notice to the
				associated brand name, nozzle, or unit price.
(3) The notice shall be conspicuous and
				legible to a customer when viewed from the driver's position of a motor vehicle
				positioned in front of the dispenser.
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 562 - Labeling of Retail Gasoline Dispensers › Section R. 285.562.5 - Dispenser notice for motor fuels designed for unique equipment or service

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) A notice
				shall be posted on each dispenser which dispenses motor fuel designed for
				unique equipment or service as provided by R 285.564.12. The notice shall state
				the common or customary name of the motor fuel and a statement: "THIS MOTOR
				FUEL IS NOT FOR GENERAL AUTOMOTIVE SERVICE; FOR USE IN
____________ ", the blank to be filled in with a description
				  of the unique equipment, vehicles or service with which the motor fuel is
				  compatible. The following are examples of acceptable notices: "E85; THIS MOTOR
				  FUEL IS NOT FOR GENERAL
AUTOMOTIVE SERVICE; FOR USE IN E85 FLEX FUEL VEHICLES" and
				  "RACING GASOLINE; THIS MOTOR FUEL IS NOT FOR GENERAL AUTOMOTIVE SERVICE; FOR
				  USE IN HIGH PERFORMANCE RACING ENGINES".
(2) The notice shall be located on the
				dispenser as prescribed by R 285.562.(4).
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 562 - Labeling of Retail Gasoline Dispensers › Section R. 285.562.6 - Notice type size and typeface

Current through Vol. 24-12, July 15, 2024
Rule 6. Helvetica medium typeface shall be used for all
				  letters and numerals specified by these rules. The letters for the statement
				  required in R 285.562.2(1)(a) and R 285.562.3 (1)(a) and the statement "CALL
				  1-800-MDA FUEL" required in R 285.562.2(1)(d) and R 285.562.3 (c) shall be not
				  less than 24-point type size. The letters for the words "Consumer Complaint
				  Toll-Free Hot Line" required in R 285.562.2(1)(d) and R 285.562.3 (1)(c) shall
				  be not less than 10-point type size. All other letters and numerals required to
				  appear in the notices required by these rules shall be printed in not less than
				  48-point type size. Only upper case letters or title case letters of identical
				  color shall be used for statements and notices except that variations in color
				  shall be allowed if the variation conforms with 16 CFR Part 306, Automotive
				  Fuel Ratings Certifications and Postings (January 2008) and 40 CFR Part 80,
				  Regulation of Fuel and Fuel Additives (July 2007).
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 562 - Labeling of Retail Gasoline Dispensers › Section R. 285.562.7 - Documentation for dispenser labeling purposes

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) The
				retailer shall be provided, at the time of delivery of a motor fuel, on a
				invoice, bill of lading, shipping paper, or other documentation, a declaration
				of the motor fuel being delivered. If the motor fuel is a gasoline the anti
				knock index of the product being delivered shall also be declared. The percent
				of biodiesel or bio-based diesel shall also be declared if present. Any
				documentation evidencing a delivery of a motor fuel shall meet all of the
				requirements of section 5 of the act.
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 562 - Labeling of Retail Gasoline Dispensers › Section R. 285.562.8 - Labeling and marking of retail motor fuel storage tanks

Current through Vol. 24-12, July 15, 2024
Rule 8. Fill boxes and fill covers for motor fuel storage
				  tanks must be clearly identified as to the content by at least 1 of the
				  following:
(a) Attaching a tag with
				the motor fuel name to the fill pipe adapter.
(b) Screwing a tag with the motor fuel name
				onto the fill box rim.
(c) Fitting
				a plastic or fiberglass insert with the motor fuel name inside the rim of the
				fill box.
(d) Color coding by
				painting the cover of the fill box and the surrounding rim or pavement. When
				utilizing this system the gasoline storage tank containing the highest octane
				product shall be coded red, the gasoline storage tank with the lowest octane
				shall be coded white and gasoline with an octane between the highest and lowest
				coded blue. A chart or code designating the color designations for other motor
				fuel storage tanks and vapor-recovery connections and manholes shall be posted
				on premise in clear view and accessible to a delivery tank driver and made
				available to the department upon request.
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 562 - Labeling of Retail Gasoline Dispensers › Section R. 285.562.9 - Labeling and marking of distribution terminal storage tanks

Current through Vol. 24-12, July 15, 2024
Rule 9. Storage tanks located at a distribution terminal must
				  be clearly identified as to the content by either of the following:
(a) Attaching a label to the tank that states
				the commodity being stored.
(b)
				Attaching a color or symbol to the tank that designates the commodity being
				stored. When utilizing a color or symbol system a chart or code designating the
				color or symbol designations shall be posted on premise and made available to
				the department upon request.
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 562 - Labeling of Retail Gasoline Dispensers › Section R. 285.562.10 - Identification of motor fuel delivery vessel

Current through Vol. 24-12, July 15, 2024
Rule 10. A motor fuel delivery vessel shall employ for each
				  loading and unloading of motor fuel a system of identification that clearly
				  identifies the motor fuel contained within each compartment by at least 1 of
				  the following:
(a) A marking system of
				tags or placards attached to each compartment or the valves used for each
				compartment.
(b) A chart or diagram
				that positively identifies each compartment and its contents.
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 562 - Labeling of Retail Gasoline Dispensers › Section R. 285.562.11 - Adoption of standards by reference

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) The
				provisions of 16 C.F.R. part 306, Automotive Fuel Ratings, Certifications and
				Postings (January 2008) and 40 CFR Part 80, Regulation of Fuel and Fuel
				Additives (July 2007) are adopted by reference in these rules and may be
				purchased from the Superintendent of Documents, United States Government
				Printing Office, P.O. Box 37954, Pittsburgh, Pennsylvania 15250-7954, or from
				the Michigan Department of Agriculture, P.O. Box 30017, Lansing, Michigan
				48909, at a cost as of the time of adoption of these rules of $62.00 for 40 CFR
				Part 80 and $53.00 for 16 CFR part 306.
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 563 - Retail Gasoline Dealer Licensing › Section R. 285.563.1 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules, "act" means Act No. 44 of the Public Acts of 1984, being
				S290.641 et seq. of the Michigan Compiled Laws.
(2) The terms defined in the act have the
				same meanings when used in these rules.
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 563 - Retail Gasoline Dealer Licensing › Section R. 285.563.2 - License; application; renewal; transferability

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) A
				completed original application shall, on the form prescribed by the department,
				be filed with the department by a distributor or retail dealer for each retail
				outlet operated by that person not less than 60 days before the date on which
				the applicant wishes to engage in retail sales. If sufficient time is not
				available to apply 60 days prior to engaging in retail sales and the applicant
				is a new owner of a retail outlet, the department shall waive the 60-day filing
				requirement and issue a license upon receipt, in person or by mail, of the
				completed application and fee and written notice that the applicant is a new
				owner. The application shall include all of the following information:
(a) Business name and address.
(b) Mailing address if different than
				business address.
(c) Type of
				ownership of the distributor or retail dealer, such as an individual,
				partnership, association, trust, corporation, or any other legal entity or
				combination thereof.
(d) The name,
				address, telephone number, and date of birth of the owner of the
				distributorship or retail dealership.
(e) If a partnership, the names, titles,
				addresses, and dates of birth of all partners who are owners of the
				distributorship or retail dealership; if a corporation, the name, title,
				address, and date of birth of the president; or, if an out-of-state
				corporation, the name, title, address, and date of birth of the president and
				the name, title, and address of the Michigan resident agent.
(f) An authorized signature, title, and date
				for each applicant.
(g) Number of
				grades of gasoline offered for sale at the retail outlet.
(h) Number of hoses connected to gasoline
				dispensers.
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 563 - Retail Gasoline Dealer Licensing › Section R. 285.563.4 - Retail outlet engaged in marketing gasoline for use in aircraft; license exemption

Current through Vol. 24-12, July 15, 2024
Rule 4. A retail outlet engaged only in the marketing of
				  gasoline for use in aircraft is exempt from the requirement of obtaining a
				  retail gasoline dealer license.
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 563 - Retail Gasoline Dealer Licensing › Section R. 285.563.5 - Noncompliance with act or rules

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) If the
				director or his or her authorized agent determines that a person is not in
				compliance with the requirements of the act or rules promulgated pursuant to
				the act, the director may refuse to issue a license to such person.
(2) If the director or his or her authorized
				agent determines that a person licensed under the act has not maintained
				compliance with the requirements of the act or rules promulgated pursuant to
				the act, the director may permanently or temporarily suspend or revoke such
				person's license after opportunity for a hearing.
(3) The department shall render a written
				decision as to suspension, revocation, or renewal of a license within 30 days
				after the conclusion of a hearing.
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 563 - Retail Gasoline Dealer Licensing › Section R. 285.563.6 - Suspension or revocation hearing; procedure

Current through Vol. 24-12, July 15, 2024
Rule 6. A hearing to suspend or revoke a license shall be
				  conducted pursuant to Act No. 306 of the Public Acts of 1969, as amended, being
				  S24.201 et seq. of the Michigan Compiled Laws.
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 563 - Retail Gasoline Dealer Licensing › Section R. 285.563.7 - Hearings

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) The
				notice of hearing shall state all of the following information:
(a) The date, time, and place of the
				hearing.
(b) Issues
				involved.
(c) Reasons for holding
				the hearing. Notice shall be served not less than 15 days before the
				hearing.
Michigan Administrative Code › Department - Agriculture and Rural Development › Laboratory Division › RegulationNo 564 - Automotive Gasoline Purity, Additives, And Grading › Section R. 285.564.1 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Act" means 1984 PA 44,
				MCL 290.641.
(b) "Antiknock index
				(AKI)" means (RON + MON)/2.
(c)
				"ASTM" means the scientific and technical organization founded for the
				development of standards and located at 100 Barr Harbor Drive, W. Conshohocken,
				PA 19428-2959.
(d) "Blender" means
				a person who as an individual or through his or her agent adds an oxygenate to
				gasoline.
(e) "Maximum phase
				separation temperature" means the temperature of a gasoline containing alcohol
				which retains water in solution or in a stable suspension.
(f) "Motor octane number (MON)" means a knock
				characteristic of automotive gasoline determined by use of standard procedures
				on a motor engine.
(g) "Research
				octane number (RON)" means a knock characteristic of automotive gasoline
				determined by use of standard procedures on a research engine.