reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 627 - Care of Nursery Stock In Sales Outlets › Section R. 285.627.2 - Storage and display conditions

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) Balled
				stock, container-grown stock, potted stock, and nursery stock with manufactured
				balls shall be kept uniformly moist by surrounding or covering the root area
				with nontoxic, moisture-holding materials, or by irrigation sufficient to
				maintain the viability and vigor of the stock, and shall be kept under
				temperature and light intensity conditions that permit normal growth. Balled
				stock and stock with manufactured balls, displayed or stored on pavement or a
				similar moisture- impervious surface, shall be separated from that surface by
				at least a 4-inch layer of, or shall be surrounded by, peat, sawdust,
				shingletow, soil, or other similar moisture-holding material, which shall be
				kept moist at all times, or shall be kept under other conditions that will
				assure maintenance of moisture in the ball sufficient to preserve the vigor of
				the plant.
(2) Bare-root nursery
				stock shall be kept under conditions of temperature and moisture that maintain
				viability. Moisture shall be supplied to the root system by high humidity
				conditions in storage or by covering the roots with soil, sawdust, peat,
				shingletow, or other moisture-holding material not toxic to plants, which
				covering shall be kept moist at all times.
(3) Packaged nursery stock shall be stored
				and displayed under conditions that preserve the vitality of the plant and
				insure an adequate supply of moisture to the roots at all times.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 627 - Care of Nursery Stock In Sales Outlets › Section R. 285.627.3 - Minimum indices of vitality

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) Woody
				stemmed deciduous nursery stock, such as fruit and shade trees, rose bushes,
				and flowering shrubs, shall have moist, green cambium tissue in the stem or
				stems and branches, and shall have viable buds or normal green, unwilted growth
				sufficient to permit the plant to live and grow in a form characteristic of the
				species or variety when planted and given reasonable care. In the case of a
				rose bush, each stem shall show moist, green, undamaged cambium in at least the
				first 8 inches above the graft. Any single stem on a rose bush not meeting this
				specification shall disqualify the entire plant. However, a rose bush may be
				pruned to comply with this specification if at least 1 stem meeting the
				specification remains and the grade designation, if sold by grade, is changed
				accordingly. A packaged rose bush having more than 3 inches of etiolated growth
				from a bud shall not be sold or offered for sale.
(2) Hardy herbaceous biennials or perennials,
				when in a wilted, rotted, or similar condition indicative of subnormal
				vitality, shall not be sold or offered for sale.
(3) Nursery stock in a weakened condition, as
				evidenced by die-back or desiccation of foliage, or balled stock with broken or
				loose earthballs, broken manufactured balls, or root systems of a size smaller
				than established by the American standard for nursery stock, shall not be sold
				or offered for sale. Packaged nursery stock, potted stock, and nursery stock
				with manufactured balls shall meet the root spread standards established for
				bare-root stock.
(4) Nursery stock
				on display at sales outlets not meeting the foregoing minimum indices of
				vitality shall be restricted from sale and shall be removed from public view by
				the owner or person in charge.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 628 - Seed Potato Certificate › Section R. 285.628.2 - Designation of official seed-certifying agency

Current through Vol. 24-12, July 15, 2024
Rule 2. The Michigan seed potato association is designated as
				  the official seed-certifying agency of the department of agriculture for the
				  purpose of assisting and advising the department in carrying out the provisions
				  of 1959 PA 221, MCL 286.71 et seq. and these rules.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 628 - Seed Potato Certificate › Section R. 285.628.3 - Application

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) A person
				may apply for certification of seed potatoes that are eligible for
				certification by filing a written application with the official seed-certifying
				agency on or before June 10 of each year if the operation is located south of
				highway 55 and on or before June 20 of each year if located north of highway
				55.
(2) Separate seed operations
				may be designated, however, the description of these separate operations shall
				be jointly agreed upon by the owner or manager and the official seed-certifying
				agency at the time of application for certification. Individual fields will not
				be considered separate operations in and of themselves. The owner or manager
				shall submit a separate application for certification for each designated
				operation. Each separate operation shall have a unique and dedicated storage
				facility, and any equipment used in the operation shall be assigned only to
				that operation unless the equipment is power washed and disinfected between
				operations. The power washing and disinfection shall be documented for future
				reference by the official seed-certifying agency.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 628 - Seed Potato Certificate › Section R. 285.628.5 - Official seed-certifying agency; duties

Current through Vol. 24-12, July 15, 2024
Rule 5. The official seed-certifying agency shall do all of
				  the following:
(a) Make 2 or more
				inspections of all fields of seed potatoes eligible for certification and all
				nuclear seed stock eligible for certification. An application for such
				certification shall be filed according to the requirements of R 285.628.3.
				Inspections shall be made at times when plant growth and other conditions are
				optimum for varietal identification and disease expression. All potato
				production shall have at least 1 field inspection for ring rot.
(b) Make at least 1 tuber inspection of all
				seed lots entered for field inspection certification.
(c) At least annually and before the
				establishment of each greenhouse crop, inspect storage, laboratory, greenhouse,
				and screenhouse facilities for proper isolation and sanitation. If both
				greenhouse or laboratory production and the field production are inspected by
				the official seed-certifying agency, then they will be considered separate
				production units. If only the greenhouse or laboratory production or only the
				field production is inspected, then it will be considered 1 unit. Storage,
				laboratory, greenhouse, and screenhouse inspection and testing protocols shall
				be approved by the director of the department of agriculture based on
				acceptable sanitation procedures.
(d) Collect, or cause to be collected,
				representative tuber or plant samples of certifiable seed potatoes for winter
				testing or other tests as may be required for certification.
(e) Issue certification tags, or bulk
				certificates for each container or bulk shipment of certifiable potatoes or,
				upon request by an applicant who has sold seed potatoes which must be shipped
				before the winter test results are known and which are otherwise certifiable,
				issue tags or bulk certificates for each container or bulk shipment that
				contains the statement that the potatoes met summer field and laboratory
				certification requirements but were shipped before the official winter test
				results were available.
(f) Apply
				inspection tolerances to field inspections and winter tests on the basis of
				visual observations, except when deemed appropriate by the certifying agency to
				confirm visual observations or suspected latent infections by analytical
				methods.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 628 - Seed Potato Certificate › Section R. 285.628.5a - Nuclear, foundation-field year 1 through 5 and certified field year 1 through 6 seed lots; certification requirements

Current through Vol. 24-12, July 15, 2024
Rule 5a. Seed lots of nuclear, foundation-field year 1
				  through 5 and certified seed shall not be certified as such if any of the
				  following provisions apply:
(a) Less
				than all of the potato acreage on the farm producing such lots was planted with
				seed that had been certified.
(b)
				The following visual field inspection or laboratory testing tolerances for
				diseases and varietal mix are exceeded during any field inspections or
				laboratory observations:
FOUNDATION CLASS
CERTIFIED CLASS
NUCLEAR/FY-1
FY-2
THROUGH
FY-5
FY-1
THROUGH
FY-6
Leaf roll
0.00%
0.25%
Leaf roll
0.50%
Mosaics
0.00%
0.25%
Mosaics
1.00%
Spindle tuber
0.00%
0.00%
Spindle tuber
0.00%
Aggregate
0.00%
0.25%
Aggregate
1.00%
B.R.R.
0.00%
0.00%
B.R.R.
0.00%
Varietal mix
0.00%
0.10%
Varietal mix
0.25%
* Any varietal mixture in nuclear or foundation-field year 1
				  stock shall be rogued to achieve 0 (zero) tolerance.
(c) Roguing is not completed before the
				second inspection.
(d) The tuber
				samples that are winter-tested exceed the disease inspection tolerances for
				virus leaf roll, rugose mosaic, potato virus Y, and spindle tuber, which shall
				be an aggregate of 0.5 for foundation-field year 1 through foundation-field
				year 5, and 5.0% for certified field year 1 through certified field year
				6.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 628 - Seed Potato Certificate › Section R. 285.628.8 - Storage facilities and equipment; packaging facilities; sanitation; isolation of certifiable seed potatoes

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) All
				equipment and storage facilities shall be thoroughly cleaned and disinfected
				before use.
(2) Storage facilities,
				including those located at packaging sites in foundation-field year 1 through 5
				and certified-field year 1 through field year 6 seed are stored, shall contain
				only lots of potatoes that have passed field inspection or have been rejected
				for reasons other than exposure to, or infection by, bacterial ring rot, if the
				lots are isolated from the certifiable seed potatoes. Storage facilities which
				are maintained by the propagator and in which nuclear seed is stored shall
				contain only lots of nuclear seed stock that have passed laboratory or
				greenhouse inspections. Each foundation and certified seed lot shall be
				separated by a physical barrier that will prevent the mixing of seed.
(3) Agricultural equipment that is used for
				noncertified potato production and processing equipment shall not be allowed to
				enter certified seed potato storages, processing areas, and production fields
				unless the equipment is power washed and disinfected. Nonagricultural equipment
				shall not be allowed to enter certified seed production fields unless the
				equipment is power washed and disinfected. The power washing and disinfection
				of equipment shall be documented for future reference by the official
				seed-certifying agency. Materials that are used to disinfect storage and
				production equipment and nonagricultural equipment shall be of a type labeled
				for bacterial disease control.
(4)
				Trucks and other means of conveyance which are not owned or operated by the
				seed farm operator and which are used to transport certified seed potatoes from
				the seed farm operation shall not be cleaned on the seed farm
				premises.
(5) Packaging facilities
				and equipment used for certified seed potatoes shall be power washed and
				disinfected and shall be inspected and approved by the certifying agency before
				the facilities are used or the equipment is operated. Materials that are used
				to disinfect packaging facilities and equipment shall be of a type labeled for
				bacterial disease control.
(6)
				Storage and packaging facilities that are operated by someone other than the
				seed potato propagator shall maintain grade inspection and bulk shipment
				certificates, certification documents, and other records as deemed necessary by
				the certifying agency for each lot of seed that is stored or packaged at that
				facility. These documents shall be maintained for a period of not less than 4
				years after the seed lot has been removed from the facility and shall be
				accessible to the director or the certifying agency during normal business
				hours.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 628 - Seed Potato Certificate › Section R. 285.628.9 - Shipping inspection

Current through Vol. 24-12, July 15, 2024
Rule 9. Each lot of seed shall be inspected for grade at the
				  time of shipping to complete the certification process. The inspection may be
				  made by the federal-state inspection service or by the certifying agency. A
				  shipping time inspection for grade shall be made each time a load of seed
				  potatoes is transferred or shipped, unless, at the discretion of the inspector
				  and certifying agency, the lot can be adequately assessed and certified by
				  inspecting less than every load based on the fact that a representative portion
				  of the lot has been inspected and approved. This overall seed lot certification
				  requires an inspection of the initial load shipped from each lot, an overall
				  assessment of the lot for uniformity, and at least 1 load for each purchaser. A
				  certificate of inspection shall accompany each shipment. Inspection protocols
				  for lot certification shall be approved by the director of the department of
				  agriculture based on the certifying agency's ability to adequately verify the
				  condition of the entire lot.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 628 - Seed Potato Certificate › Section R. 285.628.10 - Shipping containers; bulk shipments

Current through Vol. 24-12, July 15, 2024
Rule 10. Seed potatoes, except those shipped in bulk, when
				  sold shall be packed in new, clean, unused containers and sealed as required by
				  the certifying agency and approved by the director of agriculture. Containers
				  for bulk shipment shall be properly cleaned. A certificate for bulk shipment
				  issued by the certifying agency shall accompany each shipment in bulk. Seed
				  potatoes for foreign export shall be packaged to comply with the requirements
				  of the importing country.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 628 - Seed Potato Certificate › Section R. 285.628.11 - Grades and sizes; adoption of standards by reference

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) Grades
				and sizes of foundation and certified classes of seed shall conform to the
				current United States standards for grades of seed potatoes effective March 6,
				1987. These standards are adopted in these rules by reference and are available
				from the Superintendent of Documents, United States Government Printing Office,
				Washington, DC 20402, at no cost, or from the Michigan Department of
				Agriculture, P.O. Box 30017, Lansing, Michigan 48909, at no cost.
(2) Blue tag grade seed potatoes shall be in
				compliance with the requirements of the United States no. 1 seed potato grade.
				The size shall be not less than 1 1/2 inches and not more than 3 1/4 inches in
				diameter or more than 12 ounces in weight, unless otherwise specified. If
				stones are present, they shall be duly noted on the grade inspection
				report.
(3) Yellow tag grade seed
				potatoes shall be in compliance with the blue tag United States no. 1 seed
				potato grade standards, except that, to allow for variations incident to proper
				grading and handling, both of the following tolerances are permitted:
(a) The allowance for sprouts may be exceeded
				after March 15.
(b) Twenty percent
				or less of the potatoes in any seed lot shall fail to meet the remaining
				requirements of this grade if neither of the following tolerances is exceeded:
(i) Twelve percent for external or internal
				defects based on the following allowances:
(A) Six percent for damage, including not
				more than 2 3% for serious damage due to dry or moist-type fusarium tuber
				rot.
(B) Six percent for serious
				damage due to other defects.
(C)
				Total serious damage shall not be more than 6%.
(ii) One percent for frozen, soft rot, or wet
				breakdown.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 628 - Seed Potato Certificate › Section R. 285.628.13 - Modification of standards

Current through Vol. 24-12, July 15, 2024
Rule 13. The director of the department of agriculture may
				  modify the standards established herein for certifiable seed when due to
				  weather, disease or any other factor the application of the standards would
				  threaten the normal propagation of potato variety.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 629 - Seed Potato Certification Requirements › Section R. 285.629.1 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Act" means the seed
				potato act, 2018 PA 94, MCL 286.681 to 286.689.
(b) "Bacterial ring rot" means Clavibacter
				michiganensis subspecies sepedonicus.
(c) "Late blight" means Phytophthora
				infestans.
(d) "Potato grower" or
				"grower" means a person owning, leasing, managing, or in charge of any land
				upon which potatoes are planted and grown.
(e) "Registered grower" means a person who
				has notified the director of their intent to grow potatoes in this state in
				combined seed lots of 1 acre or more.
(f) "Material Transfer Agreement" means an
				agreement between a grower and a research or educational institution that
				provides for the transfer of seed potatoes of an experimental cultivar;
				restricts the use and transfer of the seed potatoes or their progeny; and
				includes the name of the developing institution, the name of the recipient, the
				name of the cultivar, and the purpose or purposes of the cultivars
				use.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 629 - Seed Potato Certification Requirements › Section R. 285.629.2 - General provisions

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) A grower
				shall register with the department through a form or process established by the
				director.
(2) For the purposes of
				sections 3, 4, and 5 of the act, MCL 286.683, 286.684, and 286.685, any person
				who plants 40 hundredweight of seed potatoes on at least 1 acre of land is
				subject to the act and all regulations promulgated thereunder.
(3) Exceptions provided to a grower pursuant
				to these rules carry over to the growers distributor.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 629 - Seed Potato Certification Requirements › Section R. 285.629.3 - Research exceptions to the act

Current through Vol. 24-12, July 15, 2024
Rule 3. A research exception may be granted when 1 of the 2
				  following documents are provided:
(a)
				A Material Transfer Agreement.
(b)
				A signed letter from the developer stating the name and proposed planting
				location of the seed.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 629 - Seed Potato Certification Requirements › Section R. 285.629.4 - Applying for a general exception to the act; requirements

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) An
				application for an exception to the act must include all of the following:
(a) Name and address of applicant.
(b) Affiliation or company
				information.
(c)
				Cultivar.
(d) Location, acreage,
				and hundredweight for planting.
(e)
				Reason for exception request.
(f)
				Names of 3 or more certified seed growers contacted to source seed.
(g) Desired seed source.
(h) Proof of seed potato certification
				process, including which stage in the process the seed lot failed.
(i) Based upon the stage of failure, at least
				1 of the following supporting documents:
(i) A
				field inspection report for either the first or the second field
				inspection.
(ii) Test results
				described by R 285.629.6(1).
(iii)
				A health certificate for the post-harvest (winter) test.
(iv) A shipping point inspection
				certificate.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 629 - Seed Potato Certification Requirements › Section R. 285.629.5 - Criteria for evaluating certification exception request

Current through Vol. 24-12, July 15, 2024
Rule 5. The advisory committee shall consider all of the
				  following when evaluating whether to recommend an exception to the seed
				  certification requirement under the act:
(a) The crop's proximity to other seed potato
				production.
(b) The levels and
				types of disease present.
(c) The
				impact of its decision on neighboring potato farms.
(d) The impact of its decision on the
				applicant.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 629 - Seed Potato Certification Requirements › Section R. 285.629.6 - Sampling and testing requirements; disease standards for seed potatoes excepted from certification

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) If
				visual inspection results for the lot are not available for bacterial ring rot,
				late blight, or both or post-harvest tests are not available for the lot,
				growers must submit a 400-tuber sample for each seed lot that would plant 1
				acre or a 200-tuber sample for each seed lot that would plant less than 1 acre,
				to a laboratory approved by the director.
(2) Seed potatoes granted an exception by the
				director must be free from bacterial ring rot and late blight based upon visual
				or laboratory testing.
(3) Growers
				must maintain the testing history and lab results specified in these rules as
				well as any documentation required by the act for a period of 2 years for each
				lot of seed potatoes planted.
(4)
				Growers are responsible for all costs associated with sampling and
				testing.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 629 - Seed Potato Certification Requirements › Section R. 285.629.7 - Random selection of growers and record review

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) The
				department shall select 10% of the annually registered growers at random using
				computer based random number generating software.
(2) The department shall conduct records
				inspections on the selected registered growers pursuant to the act and these
				rules.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 629 - Seed Potato Certification Requirements › Section R. 285.629.8 - Fees schedule for department services

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) The
				director shall charge an inspection fee based on the cost to the department of
				making the inspection and shall adjust the schedule of fees for the costs of
				inspection and investigation of alleged violations as required by the act and
				these rules.
(2) The director shall
				review and adjust the schedule of fees at the end of each fiscal
				year.
(3) The commission of
				agriculture and rural development shall approve all adjustments to the fees
				before they are adopted.
(4) In any
				given fiscal year, the director may only increase inspection fees by not more
				than an amount determined by the state treasurer to reflect the cumulative
				annual percentage change in the Detroit-Ann Arbor-Flint consumer price index
				(CPI) over the 1-year period.
(a) A fee
				adjustment under this rule must not exceed 5%, even if the state treasurer
				determines the cumulative annual change in the CPI is greater than
				5%.
(b) If the cumulative annual
				change of the CPI over a 1-year period is less than zero, a cumulative annual
				percentage change of zero must be used for the adjustment.
(c) The adjustment must be rounded to the
				nearest dollar to set each years fee under this rule. However, the absolute
				value of the adjustment must be carried over and used to calculate the next
				annual adjustment.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 633 - Restricted Use Pesticides › Section R. 285.633.1 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) The terms
				defined in the act have the same meaning when used in these rules.
(2) "Act" means Part 83 of 1994 PA 451, MCL
				324.8301
				to 321.8336.
(3) "Domestic use"
				means application of a pesticide directly to humans or pets, or application of
				a pesticide in, on, or around all structures, vehicles, or areas associated
				with the household or home life, patient care areas of health-related
				institutions, or areas where children spend time.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 633 - Restricted Use Pesticides › Section R. 285.633.2 - Restricted use pesticides

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) The
				following formulations, when used as pesticides, are restricted use pesticides:
(a) Any pesticide formulation classified by
				the United States Environmental Protection Agency as a restricted use
				pesticide.
(b) All pesticide end
				use formulations containing greater than 1% diuron (Chemical Absracts Service
				Reg. No. 330-54-1).
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 633 - Restricted Use Pesticides › Section R. 285.633.3 - Licenses; application

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) A person
				shall not sell, offer for sale, or otherwise distribute to the ultimate user a
				restricted use pesticide, unless a restricted use pesticide dealer's license is
				secured as provided in the act and these rules. A restricted use pesticide
				dealer shall sell those restricted pesticides as enumerated in R 285.633.2 only
				to users who exhibit full compliance with R 285.636.1 et seq. of the Michigan
				Administrative Code.
(2) A person
				in charge of each sales location or outlet shall apply, on a form prescribed by
				the director, for a license to sell restricted use pesticides for each location
				or outlet.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 633 - Restricted Use Pesticides › Section R. 285.633.4 - License examinations

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) A person
				applying for a license to sell restricted use pesticides shall pass a written
				examination to determine his knowledge of the laws and rules governing the use
				and sale of pesticides and his responsibility in carrying on the business of a
				restricted use pesticides dealer. The examinations may be conducted at a time
				and place designated by the director. A score of 70 or above is required for
				passing. A score of less than 70 shall result in denial of a license.
(2) An applicant failing the examination may
				be granted a reexamination after an interview with a person or persons
				delegated by the director regarding his license application and a review of the
				examination.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 633 - Restricted Use Pesticides › Section R. 285.633.5 - License renewals

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) A
				license expires on December 31 of each year and shall be renewed on or before
				January 1 of each year.
(2) A
				license may be renewed, on a form prescribed by the director, without an
				examination if the applicant meets all the qualifications set forth in the act
				and these rules, unless an examination is required on amendments to the act or
				these rules which set forth different or additional qualifications. The
				director may at his discretion require the reexamination of an applicant who
				fails to renew his license by January 1.
(3) An examination is required if the
				business is operated by a person who has not previously been
				examined.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 633 - Restricted Use Pesticides › Section R. 285.633.6 - Restrictions and conditions of sales

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) A
				licensed restricted use pesticides dealer shall provide each purchaser of
				restricted use pesticides, in addition to the registered label instructions for
				handling, use, and safety precautions, any other information required by the
				director relating to safe use to avoid hazards to man and the
				environment.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 633 - Restricted Use Pesticides › Section R. 285.633.7 - Dealers' records and reports of sales of pesticides

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) A
				licensed dealer shall keep a record, on forms supplied by the director, of each
				sale of restricted use pesticides. Such record shall be transmitted to the
				director monthly, and shall be due in the office of the director not later than
				the fifteenth day of the month following the month of sale.
(2) Records of distributions of restricted
				use pesticides that include all of the items in subrule (4) of this rule must
				be maintained by restricted use pesticide dealers and accessible from the
				business location of the dealer for a period of 2 years.
(3) All written and electronic documentation
				relating to the distribution of restricted use pesticides must be retained by
				the restricted use pesticide dealer until the distribution is recorded as
				required in subrule (2) of this rule.
(4) The records to be maintained under this
				rule include the following:
(a) Name and
				certificate number of the certified user for whom the purchase is being
				made.
(b) Date of sale for the
				product distributed.
(c) EPA
				registration number of the product distributed.
(d) Amount and unit of measure of the product
				distributed.
(e) Use code for the
				product distributed.
(f) Invoice
				number for the product distributed.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 634 - Commercial Fertilizers › Section R. 285.634.1 - Fertilizers for agricultural crop production; specialty fertilizers micronutrient content

Current through Vol. 24-12, July 15, 2024
Rule 1. Plant nutrients in addition to nitrogen, phosphorus,
				  and potassium when mentioned in any form or manner must be guaranteed.
				  Guarantees must be made on the elemental basis. Sources of the elements
				  guaranteed, and proof of availability must be provided to the director upon
				  request. Except guarantees for those water-soluble nutrients labeled for
				  hydroponic or continuous liquid feed programs, and guarantees for potting soils
				  and lawn soils, the minimum percentages that will be accepted for registration
				  or licensing, or both, are as follows:
Element
Percent
Calcium (Ca)
1.0000
Magnesium (Mg)
0.5000
Sulfur (S)
1.0000
Boron (B)
0.0200
Chlorine (Cl)
0.1000
Cobalt (Co)
0.0005
Copper (Cu)
0.0500
Iron (Fe)
0.1000
Manganese (Mn)
0.0500
Molybdenum (Mo)
0.0005
Sodium (Na)
0.1000
Zinc (Zn)
0.0500
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 634 - Commercial Fertilizers › Section R. 285.634.3 - Placement of micronutrient guarantees on label

Current through Vol. 24-12, July 15, 2024
Rule 3. Only the guarantees or claims for the plant nutrients
				  listed in R 285.634.1 will be accepted. Proposed labels and directions for the
				  use of the fertilizer must be furnished with the application for license or
				  registration, or both, upon request. Any of the elements listed in R 285.634.1
				  that are guaranteed must appear in the order listed and must immediately follow
				  guarantees for the primary nutrients of nitrogen, phosphorus, and potassium, if
				  present.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 634 - Commercial Fertilizers › Section R. 285.634.4 - Slowly available plant nutrients

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) A
				fertilizer label shall not bear a statement that connotes or implies the
				presence of a slowly available plant nutrient, unless the nutrient is
				identified.
(2) When a fertilizer
				label implies or connotes that the nitrogen is slowly available through the use
				of words such as "organic," "organic nitrogen," "ureaform," "long lasting," or
				similar terms, the guaranteed analysis shall indicate the percentage of water
				insoluble nitrogen. This requirement shall not apply to manipulated animal and
				composted vegetable materials distributed as such and not mixed with other
				materials. The label shall not bear a reference to slowly available nitrogen
				when water insoluble nitrogen is less than 15% of the total nitrogen.
(3) The term "coated--slow release" may be
				accepted as descriptive of products and shall be allowed on labeling when the
				manufacturer can provide acceptable data substantiating the claim.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 634 - Commercial Fertilizers › Section R. 285.634.5 - Specialty fertilizer labeling format

Current through Vol. 24-12, July 15, 2024
Rule 5. The following information, if not appearing on the
				  face or display side of a container in a readable and conspicuous form, shall
				  occupy at least the upper third of a side of the container and shall be
				  considered the label:
(a) Net
				weight.
(b) Brand name and
				grade.
(c) Guaranteed analysis:
Total nitrogen (N) _______________ %
___________ % Ammoniacal nitrogen (if claimed)
___________ % Nitrate nitrogen (if claimed)
___________ % Water insoluble nitrogen (required when terms
				  described in R 285.634.4 are used)
Available phosphoric acid (P205) ________________ %
Soluble potash (K20) ________________ %
Additional plant nutrients
(d) Sources of nutrients when
				shown.
(e) Potential acidity or
				basicity in terms of calcium carbonate equivalent per ton (if
				claimed).
(f) Name and address of
				the registrant.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 634 - Commercial Fertilizers › Section R. 285.634.6 - Soil conditioners

Current through Vol. 24-12, July 15, 2024
Rule 6. A registration shall not be issued for a product that
				  represents itself by label or supplemental material, leaflets, or advertising
				  to improve the physical nature of the soil by altering the soil structure, by
				  making soil nutrients more available, or otherwise enhancing the soil media
				  resulting in beneficial crop response, unless the manufacturer or distributor
				  of the product can provide scientifically acceptable data from experimentation
				  which give reasonable assurance that such benefits as claimed can be expected
				  to occur and are of definitive benefit to plant growth.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 634 - Commercial Fertilizers › Section R. 285.634.7 - Tonnage reporting

Current through Vol. 24-12, July 15, 2024
Rule 7. Tonnage reports and fee payment must be on a form
				  provided by the director of the department must be for the annual period of
				  January 1 to December 31. The reports must cover all fertilizers, soil
				  conditioners, and peat products sold for application in this
				  state.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 634 - Commercial Fertilizers › Section R. 285.634.8 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 8. Regulation No. 200, being R 285.200 of the Michigan
				  Administrative Code and appearing on pages 3108 to 3111 of the 1964-65 Annual
				  Supplements to the Code, is rescinded.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 635 - Commercial Feed › Section R. 285.635.1 - Definitions and terms

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "AAFCO" means the
				association of American feed control officials.
(b) "Act" means Act No. 120 of the Public
				Acts of 1975, being S287.521 et seq. of the Michigan Compiled Laws.
(c) "Director" means the director of the
				department of agriculture.
(d)
				"Pet" means any domesticated animal normally maintained in or near the
				household of the owner.
(e) "Pet
				food" means any commercial feed prepared and distributed for consumption by
				pets.
(f) "Principal display panel"
				is that portion of a label that is most likely to be displayed, presented,
				shown, or examined under normal and customary conditions for retail
				sale.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 635 - Commercial Feed › Section R. 285.635.2 - Label format

Current through Vol. 24-12, July 15, 2024
Rule 2. Commercial feeds, except pet foods, shall be labeled
				  with the information prescribed in these rules.
(a) The principal display panel shall show
				such information in the following general format:
(i) Net weight.
(ii) Product name and brand name.
(iii) If drugs are used, the following shall
				appear:
(A) The word "medicated" directly
				following or below the product name in type size not smaller than 1/2 the type
				size of the product name.
(B) The
				purpose of medication (claim statement).
(C) The required directions for use and
				precautionary statements or reference to their location if the detailed feeding
				directions and precautionary statements required by R 285.635.11 and R
				285.635.12 appear elsewhere on the label.
(D) An active drug ingredient statement
				listing the active drug ingredients by their established name and the amounts
				pursuant to R 285.635.8(4).
(iv) The guaranteed analysis of the feed as
				required under section 5(1)(d) of the act, including the following items,
				unless exempted, and in the order listed:
(A)
				Minimum percentage of crude protein.
(B) Maximum or minimum percentage of
				equivalent protein from nonprotein nitrogen as required in R
				285.635.8(5).
(C) Minimum
				percentage of crude fat.
(D)
				Maximum percentage of crude fiber.
(E) Minerals, to include in the following
				order: Minimum and maximum percentages of calcium (Ca), minimum percentages of
				phosphorus (P), minimum and maximum percentages of salt (NaCl), and other
				minerals.
(F) Vitamins in such
				terms as specified in R 285.635.8(3).
(G) Total sugars as invert in dried molasses
				products or in products being sold primarily for their molasses
				content.
(H) Exemptions to the
				above guaranteed analysis requirements consist of the following:
1. Guarantees for minerals are not required
				when specific label claims do not exist and when the commercial feed contains
				less than 6 1/2% of total mineral elements.
2. Guarantees for vitamins are not required
				when the commercial feed is neither formulated for, nor represented in any
				manner as, a vitamin supplement.
3.
				Guarantees for crude protein, crude fat, and crude fiber are not required when
				the commercial feed is intended for purposes other than to furnish these
				substances or they are of minor significance relating to the primary purpose of
				the product, such as drug premixes, mineral or vitamin supplements, and
				molasses.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 635 - Commercial Feed › Section R. 285.635.4 - Pet food brand and product names

Current through Vol. 24-12, July 15, 2024
Rule 4. The brand and product name on commercial pet foods
				  shall comply with each of the following:
(a) A flavor designation shall not be used on
				a pet food label unless the designated flavor is detectable by a recognized
				test method, or is one the presence of which provides a characteristic
				distinguishable by a pet. Any flavor designation on a pet food label shall
				either conform to the name of its source as shown in the ingredient statement
				or the ingredient statement shall show the source of the flavor. The word
				"flavor" shall be printed in the same size type and with an equal degree of
				conspicuousness as the ingredient term or terms from which the flavor
				designation is derived. A distributor of pet food employing a flavor
				designation or claims on the labels of the product distributed by it shall,
				upon request, supply verification of the designation or claimed
				flavor.
(b) The designation "100%"
				or "all" or words of similar connotation shall not be used in the brand or
				product name of a pet food if it contains more than 1 ingredient. However, for
				the purpose of this subdivision, water sufficient for processing, required
				decharacterizing agents, and trace amounts of preservatives and condiments
				shall not be considered ingredients.
(c) The terms "meat" and "meat by-products"
				shall be qualified by designating the animal from which the meat and meat
				by-products are derived unless the meat and meat by-products are from cattle,
				swine, sheep, and goats. For example, "horsemeat" and "horsemeat
				by-products."
(d) The name of a pet
				food shall not be derived from 1 or more ingredients of a mixture to the
				exclusion of other ingredients and shall not be one representing any components
				of a mixture of a pet food product unless all components or ingredients are
				ingredients included in the name as specified by subdivisions (a), (e), or (f).
				The name of an ingredient or combination of ingredients may be used as a part
				of the product name if 1 of the following exists:
(i) The ingredient or combination of
				ingredients is present in sufficient quantity to impart a distinctive
				characteristic to the product or is presented in amounts which have a material
				bearing upon the price of the product or upon acceptance of the product by the
				purchaser thereof.
(ii) It does not
				constitute a representation that the ingredient or combination of ingredients
				is present to the exclusion of other ingredients.
(iii) It is not otherwise false or
				misleading.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 635 - Commercial Feed › Section R. 285.635.5 - Brand and product names

Current through Vol. 24-12, July 15, 2024
Rule 5. The brand and product names on commercial feeds,
				  except pet foods, shall comply with the following:
(a) The brand or product name shall be
				appropriate for the intended use of the feed and shall not be misleading. If
				the name indicates the feed is made for a specific use, the character of the
				feed shall conform therewith. A mixture labeled "dairy feed," for example,
				shall be suitable for that purpose.
(b) Commercial, registered brand, or trade
				names shall not be permitted in guarantees or ingredient listings.
(c) The name of a commercial feed shall not
				be derived from 1 or more ingredients of a mixture to the exclusion of other
				ingredients and shall not be one representing components of a mixture unless
				all components are included in the name. If any ingredient or combination of
				ingredients is intended to impart a distinctive characteristic to the product
				which is of significance to the purchaser, the name of that ingredient or
				combination of ingredients may be used as a part of the brand name or product
				name if the ingredient or combination of ingredients is listed in the
				ingredient statement and the brand or product name is not otherwise false or
				misleading.
(d) The word "protein"
				shall not be permitted in the product name of a feed that contains added
				nonprotein nitrogen.
(e) When the
				name carries a percentage value, it shall be understood to signify protein or
				equivalent protein content only, or both, even though it may not explicitly
				modify the percentage with the word "protein." Other percentage values may be
				permitted if they are followed by the proper description and conform to
				generally acceptable labeling practice. When a numeral is used in the brand
				name, except in mineral, vitamin, or other products where the protein guarantee
				is nil or unimportant, it shall be preceded by the word "number," or some other
				suitable designation.
(f) Single
				ingredient feeds shall have a product name in accordance with the designated
				definition of feed ingredients as recognized by AAFCO, unless the director
				designates otherwise.
(g) The word
				"vitamin," a contraction thereof, or any word suggesting vitamin may be used
				only in the name of a feed which is represented to be a vitamin supplement, and
				which is labeled with the minimum content of each vitamin declared, as
				specified in R 285.635.8(3).
(h)
				The term "mineralized" shall not be used in the name of a feed, except for
				"trace mineralized salt." When so used, the product shall contain significant
				amounts of trace minerals which are recognized as essential for animal
				nutrition.