reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 641 - Commercial Fertilizer Bulk Storage › Section R. 285.641.13 - Storage of bulk dry fertilizer

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) A
				storage facility shall store and handle dry fertilizer materials in a manner to
				prevent contamination by minimizing losses to the air, surface water,
				groundwater, or subsoil.
(2) A
				storage facility shall store nonfluid fertilizers inside a sound structure or
				device that has a cover or roof top, sidewalls, and a base sufficient to
				prevent contact with precipitation and surface waters. If bulk dry fertilizer
				is stored outdoors, the storage facility shall place the dry fertilizer on a
				ground cover that is sufficiently impermeable to prevent seepage or runoff and
				shall completely cover the dry fertilizer with a tarpaulin or other suitable
				covering to prevent contact with precipitation and surface water.
(3) A storage facility shall conduct all
				loading, unloading, mixing, and handling of dry fertilizer at the storage
				facility on a paved impermeable surface of a size and design that will contain
				the fertilizer and allow for the collection of spilled material to be recycled,
				applied at agronomic rates, or disposed of in a manner approved by the
				department.
(4) A storage facility
				shall use containment devices, structures, or techniques to minimize the
				emission of dust and vapors beyond the facility boundaries.
(5) A facility that is placed in service
				after the effective date of this rule shall immediately comply with this rule.
				A facility that is in service before the effective date of this rule has 2
				years to comply with this rule.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 641 - Commercial Fertilizer Bulk Storage › Section R. 285.641.14 - Discharge response plan

Current through Vol. 24-12, July 15, 2024
Rule 14.
(1) An
				operator of a storage facility shall prepare a written discharge response plan
				for the storage facility. The plan shall include all of the following
				information:
(a) The identities and telephone
				numbers of the persons or agencies that are to be contacted in the event of a
				discharge, including the persons who are responsible for the stored
				fertilizer.
(b) For each bulk
				fertilizer that is stored at the facility, a complete copy of the storage
				container labeling that is required by this rule and the labeling required by
				Part 85 of Act No. 451 of the Public Acts of 1994, as amended, being §
										324.8501et
				seq. of the Michigan Compiled Laws, to accompany the sale of the
				fertilizer.
(c) An identification,
				by location, of every bulk storage container that is located at the bulk
				storage facility together with the type of fertilizer it contains. The plan
				need not include the specific location of each mobile fertilizer container if
				the plan includes the general location within the facility where the containers
				are held.
(d) For each type of bulk
				fertilizer that is stored at the facility, the procedures to be used in
				controlling and recovering, or otherwise responding to, a discharge or
				spill.
(e) The procedures to be
				followed in using or disposing of a recovered discharge or spill.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 641 - Commercial Fertilizer Bulk Storage › Section R. 285.641.15 - Inspection and maintenance requirements

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1) An
				operator of a storage facility shall maintain the facility to minimize the risk
				of a discharge.
(2) An operator of
				a storage facility shall visually inspect the facility at least monthly while
				the facility is being utilized for the storage of bulk fertilizer.
(3) A storage facility shall maintain all
				secondary containment and operational areas free of debris and foreign
				matter.
(4) A storage facility
				shall make a written record of all inspections and maintenance on the day of
				the inspection or maintenance. A storage facility shall keep the record on file
				at the storage facility or at the nearest local office from which the storage
				facility is administered.
(5) A
				storage facility shall fully comply with the provisions of this rule on the
				effective date of this rule.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 641 - Commercial Fertilizer Bulk Storage › Section R. 285.641.16 - Recordkeeping requirements

Current through Vol. 24-12, July 15, 2024
Rule 16.
(1) A
				storage facility shall prepare, maintain, and keep readily available all of the
				following records for a period of not less than 3 years at every storage
				facility or at the nearest local office from which the storage facility is
				administered:
(a) A record of all discharges
				to the environment or spills within containment areas at the storage
				facility.
(b) An inventory
				reconciliation for each storage container at facilities that utilize earthen
				dikes and soil liners. When facilities are in use for storage, a storage
				facility shall conduct an inventory reconciliation at least once every 3 months
				to compare the measured level in a storage container against shipments in and
				out of the container.
(c)
				Inspection and maintenance records.
(d) Facility site plan information required
				under R 285.641.2(1) and (2).
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 641 - Commercial Fertilizer Bulk Storage › Section R. 285.641.17 - Remediation actions

Current through Vol. 24-12, July 15, 2024
Rule 17.
(1) If a
				discharge to the environment is reported or it is determined that a discharge
				to the environment has occurred, then an operator shall comply with both of the
				following provisions:
(a) Remove contaminated
				materials from the site, determine the concentration of fertilizer, and
				field-apply at or below agronomic rates or properly dispose of the contaminated
				material according to department directives.
(b) If the facility operator decides to close
				the facility as a result of a contamination notification, then the facility
				shall be closed in accordance with R 285.641.12.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 641 - Commercial Fertilizer Bulk Storage › Section R. 285.641.18 - Advisory information

Current through Vol. 24-12, July 15, 2024
Rule 18.
(1) The
				information specified in this rule is offered by the department with respect to
				other state agencies and their policies and regulations that may have an impact
				on bulk storage facilities.
(2) All
				the following provisions apply to the pollution incident prevention plan (PIPP)
				requirements:
(a) A person who operates a
				bulk storage facility is advised that the department of environmental quality
				may require the submittal of a plan of loss prevention and recovery depending
				upon the type of material being processed or stored.
(b) A storage facility may submit the
				registration application, discharge response plan, and facility site plans
				required by R 285.640.2 as a PIPP plan to the department of environmental
				quality. The department of environmental quality may determine that the
				information meets all, or only a portion of, the requirements for the PIPP
				plan.
(c) The provisions of R
				323.1151 to R 323.1169 of the water resources commission promulgated under Act
				No. 245 of the Public Acts of 1929, as amended, being § 323.1et seq. of
				the Michigan Compiled Laws, require that a pollution incident prevention plan
				be submitted for approval to the district office of the department of natural
				resources, waste management division. Copies of Act 245 of the Public Acts of
				1929, other pertinent rules, district office locations, and requirements for
				the PIPP plans are available from the Michigan Department of Environmental
				Quality, Waste Management Division, P.O. Box 30241, Lansing, Michigan
				48909.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 642 - On Farm Fertilizer Bulk Storage › Section R. 285.642.2 - General department authority and compliance periods

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) Farm
				storage facilities that are placed in service after the effective date of this
				rule shall immediately comply with this rule. Facilities that are in service
				before the effective date of this rule shall have 5 years to comply with all
				portions of this rule.
(2) After
				the compliance period has been reached, a person shall not operate a farm
				storage facility in Michigan unless it has met all of the requirements of these
				rules, or has a plan approved by the department, which includes a specified
				time frame.
(3) The department may
				exempt any person from a requirement under these rules if compliance is not
				technically feasible, as determined by the department, and the department finds
				that alternative measures provide substantially similar protection against a
				discharge to the environment. All information which is required to prove that
				substantially similar protection is possible shall be provided to the
				department by the person who requests the exemption.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 642 - On Farm Fertilizer Bulk Storage › Section R. 285.642.3 - Siting of farm storage facilities

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) The
				siting of a farm storage facility shall comply with applicable local, state,
				and federal regulations.
(2) New
				bulk storage facilities and their respective containment areas shall be located
				as follows:
(a) Above a floodplain as defined
				in R 285.642.1(1).
(b) A minimum of
				200 feet from surface water.
(c) A
				minimum of 2,000 feet from type I and type IIa public water supply wells, as
				defined by the provisions of 1976 PA 399, MCL 325.1001 et seq.
(d) A minimum of 800 feet from type IIb and
				type III public water supply wells, as defined by the provisions of 1976 PA
				399, MCL 325.1001 et seq.
(e) A
				minimum of 150 feet from all other drinking water supply wells that are not
				defined by the provisions of 1976 PA 399, MCL 325.1001 et seq.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 642 - On Farm Fertilizer Bulk Storage › Section R. 285.642.5 - Liquid level gauging devices

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) All
				storage containers shall have the capability to have the liquid level within
				the storage container measured readily and safely. Liquid level gauging may be
				accomplished using any of the following:
(a)
				Tank markings.
(b) See-through
				gradations.
(c) Dip
				sticks.
(d) Site gauge
				tubes.
(e) Other means for
				accurately measuring the contents as approved by the department.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 642 - On Farm Fertilizer Bulk Storage › Section R. 285.642.6 - Security requirements

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) Storage
				containers and appurtenances shall be secured to provide reasonable protection
				from wildlife, vandalism, and unauthorized access at all times. The container
				and appurtenance may be secured using any of the following:
(a) Fencing.
(b) Lighting.
(c) Locks.
(d) Other means to prevent tampering as
				approved by the department.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 642 - On Farm Fertilizer Bulk Storage › Section R. 285.642.7 - Secondary containment of bulk liquid fertilizer

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) Primary
				storage containers of bulk fertilizer shall be located within a diked
				containment area. Construction of a containment area with a discharge valve or
				drain is not permitted after the effective date of this rule.
(2) Capacity for secondary containment areas
				shall meet all of the requirements, as applicable:
(a) Secondary containment areas not protected
				from rainfall shall contain a minimum of 110% of the volume of the largest
				storage container within the diked area, plus the volume that is occupied by
				all other tanks within and below the height of the dike, plus the volume of a
				6-inch rainfall.
(b) Secondary
				containment areas protected from rainfall shall contain a minimum of 110% of
				the volume of the largest storage container within the diked area, plus the
				volume that is occupied by all other tanks within and below the height of the
				dike.
(c) Secondary containment
				areas constructed before the effective date of this rule and not having a
				capacity that includes the 6-inch rainfall are in compliance with this rule.
				Any such storage facility shall, upon alteration of the secondary containment
				area or increases in storage container volume, be brought into full compliance
				within 1 year of the alteration or increase.
(d) Secondary containment areas not protected
				from rainfall shall provide for a complete separation between bulk fertilizers
				and bulk pesticides while maintaining the capacity requirements specified in
				subdivisions (a) to (c) of this subrule.
(e) Tile drainage that underlies areas which
				are contained by earthen dikes shall be eliminated.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 642 - On Farm Fertilizer Bulk Storage › Section R. 285.642.8 - Alternative to diking for storage containers

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) An
				individual storage container that has a capacity of less than 3,000 gallons may
				be contained within an elephant ring instead of a diked containment
				area.
(2) Both the primary storage
				container and the elephant ring shall be fabricated of material that is
				compatible with each other and with the fertilizer that is being
				stored.
(3) The height of the
				elephant ring wall shall not be more than 4 feet.
(4) The volume that is contained within the
				secondary storage walls up to the working height of the elephant ring shall be
				sufficient to contain 110% of the volume that is contained in the primary
				storage container plus the volume that is displaced by the footings of any
				equipment which is placed within the secondary containment vessel.
(5) The elephant ring shall be free of leaks
				and structural defects. The base shall be protected from corrosion, both from
				inside and outside, and shall be underlaid with a concrete pad or with 8 inches
				of compacted gravel beneath 4 inches of compacted sand or clay, or shall be
				protected as recommended by the manufacturer of the elephant ring.
(6) All piping connections to the primary
				storage container shall be made over the wall of the elephant ring and shall be
				adequately supported and braced. Pumps and other fixtures, if located within
				the elephant ring containment structure, shall be placed on an elevated
				platform or otherwise protected from water accumulation.
(7) Accumulations of storm water and other
				material shall be pumped over the wall of the elephant ring and shall be
				disposed of in accordance with the provisions of R 285.642.10(1).
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 642 - On Farm Fertilizer Bulk Storage › Section R. 285.642.9 - Operational area containment of liquid fertilizer

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) Loading
				and unloading operations shall be supervised at all times by an attendant who
				is familiar with the operation of the mechanical appurtenances in use at the
				farm storage facility and who is familiar with the procedures that are used for
				the control and recovery of discharges.
(2) Operational areas shall be utilized for
				transferring, loading, unloading, and mixing fertilizers at farm storage
				facilities.
(3) A farm storage
				facility shall comply with one or more of the following operational area
				containment system options (a), (b), and (c):
(a) An operational area designed and
				constructed of an impermeable material to effectively intercept and contain
				bulk fertilizer spills and leaks, preventing runoff or leaching.
(i) The operational area containment shall be
				constructed and reinforced to handle at least the foreseeable maximum gross
				load that may be on the pad. Cracks and seams shall be kept sealed.
(ii) The operational area containment shall
				have a minimum width of 10 feet and a minimum length of 20 feet. Any fill or
				unloading point of the mobile container shall be positioned over the
				containment area during loading or unloading to assure retention of any
				discharge.
(iii) The operational
				area containments shall provide the capacity to hold at least 750 gallons or
				the volume of the largest application equipment tank, whichever is
				less.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 642 - On Farm Fertilizer Bulk Storage › Section R. 285.642.10 - Containment area management and operation

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) When a
				secondary containment area is in use, accumulated precipitation, spills, or
				leaks within the containment area shall be managed as follows:
(a) Accumulated liquids shall be removed by a
				manually activated pump. Automatic pumps with float switches are
				prohibited.
(b) Accumulated
				liquids, discharges, or spills shall be promptly recovered from containment
				areas.
(c) For accumulated liquids
				that do not contain any fertilizer, liquids may be discharged from containment
				areas as surface runoff but shall not be discharged directly into any surface
				water, waterway, storm drain, or field tile.
(d) For accumulated liquids that may contain
				fertilizer, liquids shall be removed from containment areas and may be applied
				at agronomic rates to sites where the fertilizer can be utilized as
				intended.
(e) If a spill occurs
				within a containment area and following collection and recovery of the
				fertilizer containing liquids, the area shall be cleaned in accordance with the
				provisions of subrule (2) of this rule before resuming the management practice
				of discharging non-fertilizer containing accumulated liquids as surface
				runoff.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 642 - On Farm Fertilizer Bulk Storage › Section R. 285.642.11 - Site closure and discontinuation of operation

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) If a
				farm storage facility is closed or operations are discontinued, then both of
				the following provisions shall be complied with:
(a) All fertilizers, rinsates, washwaters,
				and other materials that contain fertilizers shall be removed from the facility
				site and utilized for the original intended purpose of the product or disposed
				of in a manner that is approved by the department.
(b) The storage containers at the facility
				shall be thoroughly cleaned by double rinsing or the equivalent.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 642 - On Farm Fertilizer Bulk Storage › Section R. 285.642.12 - Discharge response plan

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) An
				operator of a farm storage facility shall prepare a site specific written
				discharge response plan for the storage facility. At a minimum, the plan shall
				include all of the following information:
(a)
				Site plan depicting all structures, on-site wells, nearby sensitive areas and
				wells, surface water, runoff routes, and ditches.
(b) Location of storage and handling areas
				including containers and their general contents.
(c) Identities and telephone numbers of the
				persons or agencies that are to be contacted in the event of a discharge,
				including the persons who are responsible for the stored fertilizer.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 642 - On Farm Fertilizer Bulk Storage › Section R. 285.642.13 - Inspection and maintenance requirements

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) An
				operator of a farm storage facility shall maintain the facility to minimize the
				risk of a discharge.
(2) An
				operator of a farm storage facility shall visually inspect the facility on a
				regular basis while the facility is being utilized for the storage of bulk
				fertilizer.
(3) All secondary
				containment and operational areas shall be maintained free of debris and
				foreign matter.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 642 - On Farm Fertilizer Bulk Storage › Section R. 285.642.14 - Remediation actions

Current through Vol. 24-12, July 15, 2024
Rule 14.
(1) If a
				discharge to the environment is reported or it is determined that a discharge
				to the environment has occurred, then an operator shall comply with all of the
				following provisions:
(a) Remove contaminated
				materials from the site, determine the concentration of fertilizer, and
				field-apply at or below agronomic rates or properly dispose of the contaminated
				material under the direction of the department based on the type of
				contamination and concentration levels.
(b) If the facility operator decides to close
				the facility as a result of a contamination notification, the facility shall be
				closed in accordance with the provisions of R 285.642.11.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 715 - Seed Law Implementation › Section R. 285.715.1 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) The
				terms defined in the publication of the association of official seed analysts
				entitled "Rules for Testing Seed" volume 12, no. 3, 1988 edition, shall have
				the same meanings when used in Act No. 329 of the Public Acts of 1965, as
				amended, being S286.701 et seq. of the Michigan Compiled Laws, and these rules,
				unless otherwise defined in Act No. 329 of 1965, as amended. The definitions in
				the publication entitled "Rules for Testing Seed" are adopted by reference in
				these rules. The publication may be obtained from the Illinois Department of
				Agriculture, State Seed Lab, 801 E. Sangamon Avenue, Springfield, Illinois
				62794-9281 or from the Michigan Department of Agriculture, Laboratory Division,
				1615 South Harrison Road, East Lansing, Michigan 48823, at a cost of
				$30.00.
(2) The terms defined in
				section 2 of Act No. 329 of the Public Acts of 1965, as amended, being S286.702
				of the Michigan Compiled Laws, have the same meanings when used in these
				rules.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 715 - Seed Law Implementation › Section R. 285.715.2 - Classification of crop and weed seed; adoption by reference of standards

Current through Vol. 24-12, July 15, 2024
Rule 2. The classification of crop and weed seed shall be
				  pursuant to the provisions of the publication of the association of official
				  seed analysts entitled "Handbook 25, Uniform Classification of Weed and Crop
				  Seeds." The provisions of this publication are adopted by reference in these
				  rules. The publication may be obtained from the Illinois Department of
				  Agriculture, State Seed Lab, 801 E. Sangamon Avenue, Springfield, Illinois
				  62794-9281 or from the Michigan Department of Agriculture, Laboratory Division,
				  1615 South Harrison Road, East Lansing, Michigan 48823, at a cost of
				  $3.00.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 715 - Seed Law Implementation › Section R. 285.715.3 - Testing procedures and tolerances; adoption by reference of standards

Current through Vol. 24-12, July 15, 2024
Rule 3. The testing procedures and tolerances set forth in
				  the association of official seed analysts publication entitled "Rules for
				  Testing Seed" are adopted by reference in these rules. The publication is
				  available from the Illinois Department of Agriculture, State Seed Lab, 801 E.
				  Sangamon Avenue, Springfield, Illinois 62794-9281 or from the Michigan
				  Department of Agriculture, Laboratory Division, 1615 South Harrison Road, East
				  Lansing, Michigan 48823, at a cost of $30.00.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 715 - Seed Law Implementation › Section R. 285.715.4 - Kinds and commercial classes of agricultural seeds; labeling

Current through Vol. 24-12, July 15, 2024
Rule 4. The following kinds or commercial classes of
				  agricultural seeds are generally labeled as to variety and shall be labeled to
				  show the variety name or the words "Variety Not Stated":
(a) Alfalfa.
(b) Bahiagrass.
(c) Barley.
(d) Cranberry bean.
(e) Black bean.
(f) Small red bean.
(g) Pink bean.
(h) Small white bean.
(i) White pea bean or navy bean.
(j) Light red kidney bean.
(k) Dark red kidney bean.
(l) Great northern bean.
(m) Yellow eye bean.
(n) Pinto bean.
(o) Horticultural bean.
(p) White kidney bean.
(q) Field beet.
(r) Smooth brome.
(s) Broomcorn.
(t) Crimson clover.
(u) Red clover.
(v) White clover.
(w) Field corn.
(x) Popcorn.
(y) Cotton.
(z) Cowpea.
(aa) Crambe.
(bb) Tall fescue.
(cc) Flax.
(dd) Striate lespedeza.
(ee) Foxtail millet.
(ff) Pearl millet.
(gg) Oat.
(hh) Field pea.
(ii) Peanut.
(jj) Rice.
(kk) Rye.
(ll) Safflower.
(mm) Sorghum.
(nn) Sorghum-sudangrass.
(oo) Soybean.
(pp) Sudangrass.
(qq) Sunflower.
(rr) Tobacco.
(ss) Birdsfoot trefoil.
(tt) Triticale.
(uu) Hard red winter wheat.
(vv) Soft red winter wheat.
(ww) Soft white winter wheat.
(xx) Hard red spring wheat.
(yy) Durum wheat.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 715 - Seed Law Implementation › Section R. 285.715.5 - Brand names

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) Brand
				names and terms taken from trademarks may be associated with the kind and
				variety or mixtures of kinds or varieties or blends of varieties of seed as an
				indication of source; however, the names and terms shall be clearly indicated
				as being other than part of the name of the kind and variety, mixture, or
				blend. Brand names shall not be used in place of variety names or in any manner
				in which they may be interpreted as being a variety name.
(2) The brand name may incorporate the name
				of the variety in the complete brand name or be shown separately on the label.
				When the variety name is shown as being separate from the brand name, the
				variety name shall be adequately identified by using the term "Variety"
				preceding or following the variety designation.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 715 - Seed Law Implementation › Section R. 285.715.6 - Blend labeling

Current through Vol. 24-12, July 15, 2024
Rule 6. Seed that consists of 2 or more varieties of the same
				  kind shall be designated as a blend. The word "blend" shall be shown as a part
				  of the name of the blend. Blends or mixtures may be assigned brand names but
				  not variety names. The labeling and advertisements of varietal blends shall not
				  create the impression that the seed is a single variety. For example, the
				  soybean blend that consists of 2 varieties could not be named "golden pod
				  soybeans" because "golden pod" could be mistaken for a variety name. The same
				  soybean blend could be labeled and represented in an advertisement as "gold pod
				  brand soybean blend." If the variety names of the components making up the
				  blend are shown on the label, the percentage, by weight, of each named variety
				  shall be shown in the order of predominance.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 715 - Seed Law Implementation › Section R. 285.715.7 - Prohibited and restricted noxious weeds

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) All of
				the following are prohibited noxious weeds:
(a) Field bindweed, Convolvulus
				arvensis.
(b) Hedge bindweed,
				Convolvulus sepium.
(c) Canada
				thistle, Cirsium arvense.
(d)
				Morning glory, Ipomoea species.
(e)
				Puncturevine, Tribulus terrestris.
(f) Plumeless thistle, Carduus
				acanthoides.
(g) Musk thistle,
				Carduus nutans.
(h) Bull thistle,
				Cirsium vulgare.
(i) Perennial
				sowthistle, Sonchus arvensis.
(j)
				Whitetop = hoary cress = perennial peppergrass, Cardaria draba.
(k) Russian knapweed, Centaurea picris.
(l) Spotted knapweed, Centaurea
				maculosa.
(m) Leafy spurge,
				Euphorbia esula.
(n) Quackgrass,
				Agropyron repens = Elytrigia repens.
(o) Johnsongrass, Sorghum halapense,
				including sorghum almum and seed which cannot be readily distinguished from
				Johnsongrass.
(p) Dodder, Cuscuta
				species.
(q) Horsenettle, Solanum
				carolinense.
(r) Yellow nutsedge,
				Cyperus esculentus, both seed and tubers.
(s) Serrated tussock, Nasella trichotoma.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 715 - Seed Law Implementation › Section R. 285.715.8 - Agricultural and vegetable seed; labeling of hybrid seed percentages

Current through Vol. 24-12, July 15, 2024
Rule 8. When agricultural and vegetable seed consists of less
				  than 95% hybrid seed, the percent which is hybrid shall be labeled
				  parenthetically in direct association following the named variety, for example,
				  Comet (85% hybrid). Varieties for which the pure seed consists of less than 75%
				  hybrid seed shall not be labeled hybrids.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 715 - Seed Law Implementation › Section R. 285.715.9 - Vegetable and herb seed; germination standards

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) The
				minimum germination standards set forth in the following table, including hard
				seeds, shall apply for vegetable and herb seed:
TABLE 1
VEGETABLE AND HERB SEED MINIMUM GERMINATION
STANDARDS Seed Name
Percent
Anise
50
Artichoke
60
Asparagus
70
Asparagus bean
75
Basil, sweet
70
Bean, garden (all varieties)
70
Bean, lima
70
Bean, runner
75
Beet, garden
65
Broadbean
75
Broccoli
75
Brussels sprouts
70
Cabbage
75
Cabbage, Chinese
75
Cabbage, tronchuda
75
Cantaloupe (see muskmelon)
Caraway
55
Carrot
55
Catnip
40
Cauliflower
75
Celeriac
55
Celery
55
Chard, Swiss
65
Chervil, salad
65
Chicory
65
Chives
50
Citron
65
Collards
80
Coriander
70
Corn, popcorn
75
Corn, sweet
75
Cornsalad
70
Cowpea
75
Cress, garden
75
Cress, upland
60
Cress, watercress
40
Cucumber
80
Dandelion
60
Dill
60
Eggplant
60
Endive
70
Fennel, Florence
60
Fennel, sweet
50
Kale, all varieties
75
Kohlrabi
75
Lavender
40
Lettuce
80
Marjoram, sweet
50
Muskmelon
75
Mustard, India
75
Mustard, spinach
75
Okra
50
Onion
70
Onion, Welsh
70
Oregano
60
Pak-choi
75
Parsley
60
Parsnip
60
Pea
80
Peanut
60
Pepper
55
Pumpkin
75
Radish
75
Rhubarb
60
Roquette
60
Rosemary
30
Rutabaga
75
Sage
60
Salsify
75
Savory, summer
55
Sorrel
65
Soybean
75
Spinach
60
Spinach, New Zealand
40
Squash
75
Thyme
50
Tomato
75
Tomato, husk
50
Turnip
80
Watermelon
70
(2) The
				germination standard for all other vegetable and herb seed for which a standard
				has not been established shall be 50%.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 715 - Seed Law Implementation › Section R. 285.715.10 - Flower seeds; labeling kind and variety or type and performance characteristics

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) The
				requirements of section 5 of Act No. 329 of the Public Acts of 1965, as
				amended, being S286.70 5 of the Michigan Compiled Laws, which specify that
				flower seeds shall be labeled with the name of the kind and variety or a
				statement of type and performance characteristics as prescribed in these rules
				shall be met as follows:
(a) For seeds of
				plants grown primarily for their blooms, the following provisions apply:
(i) If the seeds are of a single named
				variety, the kind and variety shall be stated, for example, "Marigold,
				Butterball."
(ii) If the seeds are
				of a single type and color for which there is no specific variety name, the
				type of plant, if significant, and the type and color of bloom shall be
				indicated, for example, "Scabiosa, Tall, Large Flowered, Double,
				Pink."
(iii) If the seeds consist
				of an assortment or mixture of colors or varieties of a single kind, the kind
				name, the type of plant, if significant, and the type or types of bloom shall
				be indicated. In addition, it shall be clearly indicated that the seed is mixed
				or assorted. An example of labeling such a mixture or assortment is, "Marigold,
				Dwarf Double French, Mixed Colors."
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 715 - Seed Law Implementation › Section R. 285.715.12 - Hermetically sealed containers

Current through Vol. 24-12, July 15, 2024
Rule 12. A germination test for seed in hermetically sealed
				  containers shall apply for a period of 36 months if all of the following
				  conditions are met:
(a) The seed was
				packaged within 9 months after harvest.
(b) The container used does not allow water
				vapor penetration (WVP)through any wall, including the seals, at a rate of more
				than 0.05 grams of water per 24 hours per 100 square inches of surface at 100
				degrees Fahrenheit with a relative humidity (RH) on 1 side of 90% and on the
				other side of 0%. Water vapor penetration is measured by the standards of the
				United States bureau of standards as: Gm. H2 O/24 hr./100 sq. in./100oF./90% RH
				V.0% RH.
(c) The seed in the
				container does not exceed the percentage of moisture, on a wet-weight basis, as
				listed in the following table:
TABLE 4
Agricultural Seeds
Seeds
Percent
Beet, field
7.5
Beet, sugar
7.5
Bluegrass, Kentucky
6.0
Clover, crimson
8.0
Fescue, red
8.0
Ryegrass, annual
8.0
Ryegrass, perennial
8.0
All others
6.0
Vegetable Seeds
Seeds
Percent
Bean, garden
7.0
Bean, lima
7.0
Beet
7.5
Broccoli
5.0
Brussels sprouts
5.0
Cabbage
5.0
Carrot
7.0
Cauliflower
5.0
Celeriac
7.0
Celery
7.0
Chard, Swiss
7.5
Chinese cabbage
5.0
Chives
6.5
Collards
5.0
Corn, sweet
8.0
Cucumber
6.0
Eggplant
6.0
Kale
5.0
Kohlrabi
5.0
Leek
6.5
Lettuce
5.5
Muskmelon
6.0
Mustard, India
5.0
Onion
6.5
Onion, Welsh
6.5
Parsley
6.5
Parsnip
6.0
Pea
7.0
Pepper
4.5
Pumpkin
6.0
Radish
5.0
Rutabaga
5.0
Spinach
8.0
Squash
6.0
Tomato
5.5
Turnip
5.0
Watermelon
6.5
All others
6.0
(d) The
				container is conspicuously labeled in not less than 8-point type to indicate
				all of the following:
(i) That the container
				is hermetically sealed.
(ii) That
				the seed has been preconditioned as to moisture content.
(iii) The calendar month and year in which
				the germination test was completed.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 715 - Seed Law Implementation › Section R. 285.715.13 - Laboratory seed testing fees

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) The
				fees of $6.00 for purity testing, $5.00 for germination testing, and $10.00 for
				purity and germination testing are the fees for general crops which include all
				of the following:
(a) Corn.
(b) Cereals.
(c) Soybeans.
(d) Field beans.
(e) Field peas.
(f) Buckwheat.
(g) Millet.
(h) Rape.
(i) Flax.
(j) Sunflower.
(k) Vetch.
(l) Clovers.
(m) Trefoil.
(n) Alfalfa.
(o) Lespedeza.
(p) Timothy.
(q) Sorghum.
(r) Vegetables and similar kinds of
				crops.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 715 - Seed Law Implementation › Section R. 285.715.14 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 14. R 285.714.1 to R 285.714.21 of the Michigan
				  Administrative Code, appearing on pages 1313 to 1324 of the 1979 Michigan
				  Administrative Code, are rescinded.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › Accreditation and Regulation of Associations › Section R. 290.101 - Definition of perishable fruits and vegetables

Current through Vol. 24-12, July 15, 2024
Rule 1. Perishable fruits and vegetables for which an
				  association may seek accreditation are agricultural commodities that are
				  readily susceptible to deterioration and decay or which may be protected by
				  refrigeration, icing, ventilation, or protected from the cold, and that could
				  be produced in commercial quantities in this state. These include, but are not
				  limited to, apples, cherries, grapes, peaches, apricots, pears, plums,
				  nectarines, strawberries, blueberries, raspberries, tomatoes, cucumbers,
				  asparagus, snap beans, lima beans, cabbage, peas, cantaloupes, watermelons,
				  carrots, cauliflower, celery, sweet corn, potatoes, lettuce, onions, peppers,
				  squash, pumpkin, sweet potatoes, broccoli, brussels sprouts, eggplant, spinach,
				  beets, rhubarb, watercress, parsnips, and turnips.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › Accreditation and Regulation of Associations › Section R. 290.102 - Marketing period of agricultural commodities

Current through Vol. 24-12, July 15, 2024
Rule 2. The determination of the marketing period shall be
				  stated in the agricultural marketing and bargaining board's preliminary
				  declaration of accreditation of an association and, although it may
				  subsequently be changed by the board in view of the evidence than an
				  alternative period would be more appropriate, it will generally be determined
				  as follows:
(a) The first day of the
				marketing period of an agricultural commodity that is delivered for sale shall
				be the earliest date in the previous 5 years when the commodity was first
				delivered by a producer in the bargaining unit to a handler. The last day of
				the period shall be the latest date of the preceding 5 years when the last
				delivery of the commodity by a producer in the bargaining unit was
				made.
(b) The first day of the
				marketing period of an agricultural commodity, produced and marketed under
				contract for future delivery of substantially all of a crop or periodic
				production of the commodity, shall be a date 150 days prior to the earliest
				date in the preceding 5 years when the commodity was first delivered by a
				producer in the bargaining unit to a handler. The last day of the period shall
				be the latest date in the preceding 5 years when the last delivery of the
				commodity by a producer in the bargaining unit was made.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › Accreditation and Regulation of Associations › Section R. 290.103 - Determination of minimum value at first point of sale

Current through Vol. 24-12, July 15, 2024
Rule 3. The minimum value at first point of sale for an
				  agricultural commodity that a person must have produced to be a producer of a
				  commodity and included in a bargaining unit for the commodity shall be
				  $1,250.00.However, the agricultural marketing and bargaining board may
				  determine that the minimum value at first point of sale should be larger or
				  smaller based upon the evidence at the board's hearing to determine whether a
				  proposed bargaining unit for the commodity is appropriate.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › Accreditation and Regulation of Associations › Section R. 290.104 - Application fee

Current through Vol. 24-12, July 15, 2024
Rule 4. An application fee for accreditation of an
				  association is $175.00 for the administrative cost plus 25 cents for mailing
				  and notification costs for each person who has previously produced sufficient
				  quantity of the agricultural commodity to meet or exceed the minimum value at
				  first point of sale as established by the board. Payment of the application
				  fee, including the mailing and notification costs, must accompany all requests
				  for accreditation.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › Accreditation and Regulation of Associations › Section R. 290.105 - Annual reports of accredited associations

Current through Vol. 24-12, July 15, 2024
Rule 5. Each accredited association shall file an annual
				  report with the agricultural marketing and bargaining board 60 days prior to
				  the stated marketing period of the year of accreditation and each year
				  thereafter. The report shall include:
(a) The names and addresses of members of the
				marketing and bargaining committee of the association and evidence that they
				meet the criteria established for eligibility for such committees.
(b) An accounting of expenses of the
				association in providing marketing services.
(c) A copy of the most recent annual
				financial statement.
(d) Fees to
				members and nonmembers.
(e) Any
				changes in bylaws since the previous annual report.
(f) Verification that all conditions
				specified under section 7 of Act No. 344 of the Public Acts of 1972 are
				met.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › Accreditation and Regulation of Associations › Section R. 290.106 - Marketing service fees

Current through Vol. 24-12, July 15, 2024
Rule 6. Marketing service fees for marketing and bargaining
				  services provided producers in the bargaining unit shall be based solely upon
				  the cost incurred by the association in providing the services. The fees shall
				  not exceed 3% of the gross value of the commodity at time of sale and shall not
				  include costs of services to members that do not benefit
				  nonmembers.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Charitable Trusts › Section R. 14.11 - Enforcement of rules

Current through Vol. 24-12, July 15, 2024
Rule 1. These rules shall be enforced by the attorney general
				  and his representatives to protect the interests of the people of this state in
				  the administration, operation and disposition of the assets of all charitable
				  trusts in this state.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Charitable Trusts › Section R. 14.12 - Registration statements

Current through Vol. 24-12, July 15, 2024
Rule 2. A trustee subject to Act No. 101 of the Public Acts
				  of 1961, as amended, within 2 months after receiving possession or control of
				  property for charitable purposes, shall file with the attorney general a
				  registration statement on a form which shall be supplied by the attorney
				  general on request. Such trustee shall also file with the attorney general a
				  copy of the instrument providing for its title, powers or duties and an
				  inventory of the assets of the charitable trust.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Charitable Trusts › Section R. 14.13 - Annual reports

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) A
				trustee of a charitable trust subject to Act No. 101 of the Public Acts of
				1961, as amended, which solicits money from the public, within 6 months after
				the close of its fiscal year, shall file with the attorney general a copy of
				its certified audit report for such year, containing a balance sheet, a
				statement of receipts and disbursements, and a list of assets including
				securities held. In lieu of a certified audit report, such a trustee may file
				its sworn statement setting forth such information in accordance with the form
				prescribed by the attorney general.
(2) A trustee, except a trustee of a
				charitable trust which solicits money from the public, subject to Act No. 101
				of the Public Acts of 1961, as amended, shall file with the attorney general
				annual periodic written reports, in accordance with the form prescribed by the
				attorney general. A copy of the account filed in any court having jurisdiction
				of the charitable trust, if the account is substantially the same as such form,
				may be filed as an annual periodic report.
(3) The first annual periodic report of a
				charitable trust shall cover the first calendar or fiscal year ending after the
				trust became subject to such act. The first annual periodic report shall be due
				on or before the expiration of 6 months after the close of the first calendar
				year or fiscal year after the trust became subject to the act. Thereafter,
				subsequent annual periodic reports shall be due on or before the expiration of
				6 months after the close of the charitable trust calendar or fiscal
				year.
(4) A charitable trust
				required to file annual periodic written reports with the attorney general may
				file in lieu thereof an audit certified as being true and correct and in
				accordance with generally accepted accounting principles by a certified public
				accountant and containing substantially the information required on the annual
				periodic report form of the attorney general.
(5) A statement indicating whether or not a
				creator of the trust or a contributor to the trust or a trustee, in his
				individual capacity, or a person related either by consanguinity or by affinity
				to such creator, contributor or trustee, has entered into any transaction
				involving the purchase, sale, transfer or loan of any of the trust's assets,
				shall accompany the annual periodic report.
(6) Complete details regarding all
				transactions in which a trustee, employees of a trustee, or persons related to
				a trustee, or related to employees of a trustee, either by consanguinity or by
				affinity, have personally benefitted from operating and management of the trust
				or received any part of the income or corpus of the trust, other than the
				normal and reasonable trustee fee, shall be disclosed in a statement
				accompanying the report.