House Introduced Bill 6427

HOUSE BILL No. 6427

September 24, 2002, Introduced by Rep. DeWeese and referred to the Committee on Land Use and Environment.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 8302, 8303, 8304, 8305, 8306, 8316, and 8333

(MCL 324.8302, 324.8303, 324.8304, 324.8305, 324.8306, 324.8316,

and 324.8333), sections 8302, 8303, 8304, 8305, 8306, and 8333 as

amended by 2002 PA 418, and by adding sections 8315a, 8315b,

8316a, 8316b, and 8321a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1
Sec. 8302. (1) "ABUTTING PROPERTY" MEANS ANY PROPERTY THAT

2
HAS A BOUNDARY OR BOUNDARY POINT IN COMMON WITH THE PROPERTY ON

3
WHICH A PESTICIDE IS TO BE APPLIED.

4
(2) (1) "Active ingredient" means an ingredient that will

5
prevent, destroy, repel, or mitigate pests, or that will act as a

6
plant regulator, defoliant, or desiccant or otherwise alter the

7
behavior of plants or products.

04674'01 TMV 2

1
(3) (2) "Activity plan" means a plan for the mitigation of

2
groundwater contamination at a specific location, including a

3
time frame for implementation.

4
(4) (3) "Adulterated", applies to a pesticide if its IN

5
REFERENCE TO A PESTICIDE, MEANS THAT THE PESTICIDE'S strength or

6
purity is less than, or significantly greater than, the professed

7
standard or quality as expressed on its labeling or under which

8
it is sold; if THAT a substance was substituted wholly or in

9
part for a pesticide; or if THAT a valuable constituent of the

10
pesticide was wholly or in part abstracted.

11
(5) "AGENCY" MEANS ANY STATE AGENCY; LOCAL UNIT OF GOVERN-

12
MENT; PUBLIC AUTHORITY; INSTITUTION OF HIGHER EDUCATION; RAIL-

13
ROAD; OR TELEGRAPH, TELEPHONE, PIPELINE, GAS, OR ELECTRIC CORPO-

14
RATION THAT APPLIES PESTICIDES.

15
(6) (4) "Agricultural commodity" means a plant or part of

16
a plant, or an animal or animal product, produced primarily for

17
sale, consumption, propagation, or other use by human beings or

18
animals.

19
(7) (5) "Animal" means all vertebrate and invertebrate

20
species, including, but not limited to, human beings and other

21
mammals, birds, fish, and shellfish.

22
(8) (6) "Antimicrobial pesticide" means a pesticide that

23
is intended to disinfect, sanitize, reduce, or mitigate growth or

24
development of microbial organisms, as defined under the federal

25
insecticide, fungicide, and rodenticide act, chapter 125, 86

26
Stat. 973, 7 U.S.C. 136 to 136i, 136j to 136r, and 136s to 136y

27
FIFRA.

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1
(9) (7) "Application season" means a time period of

2
pesticide application, consistent with the category of applica-

3
tion, within a calendar year.

4
(10) (8) "Aquifer" means a geologic formation, a group of

5
formations, or a part of a formation capable of yielding a sig-

6
nificant amount of groundwater to wells or springs.

7
(11) (9) "Aquifer sensitivity" means a hydrogeologic func-

8
tion representing the inherent abilities of materials surrounding

9
the aquifer to attenuate the movement of pesticides into that

10
aquifer.

11
(12) (10) "Avicide" means a pesticide intended for pre-

12
venting, destroying, repelling, or mitigating pest birds.

13
(13) (11) "Building manager" means the person who is des-

14
ignated as being responsible for the building's pest management

15
program and to whom SHALL BE MADE any reporting and notification

16
shall be made pursuant to this part or rules promulgated under

17
this part.

18
(14) (12) "Certified applicator" means an individual who

19
is authorized under this part to use and supervise the use of a

20
restricted use pesticide.

21
(15) "CHILD CARE CENTER" MEANS THAT TERM AS DEFINED IN

22
SECTION 1 OF 1973 PA 116, MCL 722.111.

23
(16) (13) "Commercial applicator" means a person who is

24
required to be a registered or certified applicator under this

25
part, or who holds himself or herself out to the public as being

26
in the business of applying pesticides. A commercial applicator

04674'01 4

1
does not include a person using a pesticide for a private

2
agricultural purpose.

3
(17) (14) "Commercial building" means any portion of a

4
building that is not a private residence where a business is

5
located and that is frequented by the public.

6
(18) "COMMERCIAL LAWN APPLICATION" MEANS LAWN APPLICATION ON

7
PROPERTY THAT IS NOT OWNED BY OR LEASED TO THE INDIVIDUAL MAKING

8
THE LAWN APPLICATION.

9
(19) (15) "Confirmed contaminant" means a contaminant that

10
has been detected in at least 2 groundwater samples collected

11
from the same groundwater sampling point at an interval of

12
greater than 14 days.

13
(20) (16) "Contaminant" means any pesticide originated

14
chemical, radionuclide, ion, synthetic organic compound, microor-

15
ganism, or waste that does not occur naturally in groundwater or

16
that naturally occurs at a lower concentration than detected.

17
(21) (17) "Contamination" means the direct or indirect

18
introduction into groundwater of any contaminant caused in whole

19
or in part by human activity.

20
Sec. 8303. (1) "DAY CARE FACILITY" MEANS A CHILD CARE

21
CENTER, FAMILY DAY CARE HOME, OR GROUP DAY CARE HOME AS THOSE

22
TERMS ARE DEFINED IN SECTION 1 OF 1973 PA 116, MCL 722.111.

23
(2) (1) Defoliant" means a substance or mixture of sub-

24
stances intended for causing the leaves or foliage to drop from a

25
plant, with or without causing abscission.

26
(3) (2) "Department" means the department of agriculture.

04674'01 5

1
(4) (3) "Desiccant" means a substance or mixture of

2
substances intended for artificially accelerating the drying of

3
plant tissue.

4
(5) (4) "Device" means an instrument or contrivance, other

5
than a firearm, which is intended for trapping, destroying,

6
repelling, or mitigating a pest; but does not include equipment

7
used for the application of pesticides when sold separately.

8
(6) (5) "Direct supervision" means directing the applica-

9
tion of a pesticide while being physically present during the

10
application. However, direct supervision by a private agricul-

11
tural applicator means either of the following:

12
(a) The private agricultural applicator is in the same field

13
or location directing the application of a restricted use pesti-

14
cide by an uncertified applicator.

15
(b) The private agricultural applicator supervises the

16
uncertified applicator and is physically present during the ini-

17
tial restricted use pesticide application on an agricultural com-

18
modity or agricultural structure, including calibration, mixing,

19
application, operator safety, and disposal.

20
(7) (6) "Director" means the director of the department of

21
agriculture or his or her authorized representative.

22
(8) (7) "Distribute" means to offer for sale, hold for

23
sale, sell, barter, ship, or deliver pesticides in this state.

24
(9) (8) "Envelope monitoring" means monitoring of ground-

25
water in areas adjacent to properties where groundwater is con-

26
taminated to determine the concentration and spatial distribution

27
of the contaminant in the aquifer.

04674'01 6

1
(10) (9) "Environment" includes water, air, land, and all

2
plants and human beings and other animals living therein, and the

3
interrelationships that exist among them.

4
(11) (10) "EPA" means the United States environmental pro-

5
tection agency.

6
(12) (11) "FIFRA" means the federal insecticide, fungi-

7
cide, and rodenticide act, chapter 125, 86 Stat. 973, 7

8
U.S.C. 136 to 136i, and 136j to 136r, and 136s to 136y.

9
(13) (12) "Fungi" means all nonchlorophyll bearing thallo-

10
phytes; that is, all nonchlorophyll bearing plants of a lower

11
order than mosses and liverworts, as for example rusts, smuts,

12
mildews, molds, yeasts, and bacteria, except those in or on other

13
animals, and except those in or on processed foods, beverages, or

14
pharmaceuticals.

15
(14) (13) "General use pesticide" means a pesticide that

16
is not a restricted use pesticide.

17
(15) (14) "Groundwater" means underground water within the

18
zone of saturation.

19
(16) (15) "Groundwater protection rule" means a rule

20
promulgated under this part that defines a minimum operational

21
standard for structures, activities, and procedures that may have

22
or may contribute to the contamination of groundwater and that

23
defines the scope of a groundwater protection rule, the region of

24
implementation of a groundwater protection rule, and implementa-

25
tion period for those rules. As used in this subsection:

26
(a) Structures, activities, and procedures" includes, but is

27
not limited to, mixing, loading, and rinse pads, application

04674'01 7

1
equipment, application timing, application rates, crop rotation,

2
and pest control thresholds.

3
(b) The scope of a groundwater protection rule" may define a

4
particular pesticide, structure, activity, or procedure or may

5
define pesticides containing specific ingredients.

6
(c) The region of implementation of a groundwater protection

7
rule" may include specific soil types or aquifer sensitivity

8
regions or any other geographic boundary.

9
(17) (16) "Groundwater resource protection level" means a

10
maximum contaminant level, health advisory level, or, if the EPA

11
has not established a maximum contaminant level or a health

12
advisory level, a level established by the director of public

13
health using risk assessment protocol established by rule under

14
this part.

15
(18) (17) "Groundwater resource response level" means 20%

16
of the groundwater resource protection level. In cases where 20%

17
of the groundwater resource protection level is less than the

18
method detection limit, the method detection limit shall serve as

19
the groundwater resource response level.

20
Sec. 8304. (1) "HEALTH CARE FACILITY" MEANS A FACILITY

21
WHICH IS NOT A PRIVATE HOME AND AT WHICH PEOPLE MAY STAY 1 OR

22
MORE NIGHTS AND RECEIVE MEDICAL CARE, SUCH AS A HOSPITAL OR NURS-

23
ING HOME.

24
(2) (1) "Inert ingredient" means an ingredient that is not

25
active.

26
(3) (2) "Ingredient statement" means:

04674'01 8

1
(a) A statement of the name and percentage of each active

2
ingredient together with the total percentage of the inert

3
ingredients in the pesticide.

4
(b) When the pesticide contains arsenic in any form, the

5
ingredient statement shall include percentages of total and water

6
soluble arsenic, each calculated as elemental arsenic.

7
(4) (3) "Insect" means any of the numerous small inverte-

8
brate animals generally having the body more or less obviously

9
segmented, for the most part belonging to the class insecta, com-

10
prising 6-legged, usually winged forms, as for example beetles,

11
bugs, bees, and flies, and to other allied classes or arthropods

12
whose members are wingless and usually have more than 6 legs, as

13
for example spiders, mites, ticks, centipedes, and wood lice.

14
(5) (4) "Insecticide" means a pesticide intended for pre-

15
venting, destroying, repelling, or mitigating an insect.

16
(6) "INSTITUTION OF HIGHER EDUCATION" MEANS A PUBLIC OR PRI-

17
VATE INSTITUTION IN THIS STATE WHICH OFFERS A DEGREE OR COURSE OF

18
STUDY BEYOND THE TWELFTH GRADE.

19
(7) (5) "Integrated pest management" means a pest manage-

20
ment system that uses all suitable techniques in a total manage-

21
ment system to prevent pests from reaching unacceptable levels or

22
to reduce existing pest populations to acceptable levels.

23
(8) (6) "Label" means the written, printed, or graphic

24
matter on or attached to the pesticide or device or any of its

25
containers or wrappers.

26
(9) (7) "Labeling" means the label and all other written,

27
printed, or graphic matter accompanying the pesticide or device,

04674'01 9

1
or to which reference is made on the label or in literature

2
accompanying the pesticide or device, and all applicable modifi-

3
cations or supplements to official publications of the EPA, the

4
United States departments of agriculture and interior, the United

5
States departments of education and health and human services,

6
state experiment stations, state agricultural colleges, and other

7
similar federal or state institutions or agencies authorized by

8
law to conduct research in the field of pesticides.

9
(10) "LAWN APPLICATION" MEANS THE APPLICATION OF GENERAL USE

10
PESTICIDES TO GROUND, TREES, OR SHRUBS BUT DOES NOT INCLUDE ANY

11
OF THE FOLLOWING:

12
(A) THE APPLICATION OF PESTICIDES FOR THE PURPOSE OF PRODUC-

13
ING AN AGRICULTURAL COMMODITY.

14
(B) THE APPLICATION OF PESTICIDES AROUND OR NEAR THE FOUNDA-

15
TION OF A BUILDING FOR THE PURPOSE OF INDOOR PEST CONTROL.

16
(C) THE APPLICATION OF PESTICIDES BY OR ON BEHALF OF AGEN-

17
CIES EXCEPT THAT AGENCIES SHALL BE SUBJECT TO VISUAL NOTIFICATION

18
REQUIREMENTS APPLICABLE TO COMMERCIAL LAWN APPLICATIONS UNDER

19
SECTION 8315A(7) IF THE APPLICATION IS WITHIN 100 FEET OF A

20
DWELLING, PUBLIC BUILDING, OR PUBLIC PARK.

21
(D) THE APPLICATION OF PESTICIDES ON GOLF COURSES OR TURF

22
FARMS.

23
(11) (8) "Maximum contaminant level" means that term as it

24
is defined in title XIV of the public health service act, chapter

25
373, 88 Stat. 1660, 42 U.S.C. 300f to 300j-3, 300j-4 to 300j-9,

26
and 300j-11 to 300j-25, and regulations promulgated under that

27
act.

04674'01 10

1
(12) (9) "Method detection limit" means the minimum

2
concentration of a substance that can be measured and reported

3
with 99% confidence that the analyte concentration is greater

4
than 0 and is determined from analysis of a sample in a given

5
matrix that contains the analyte.

6
(13) (10) "Minor use" means the use of a pesticide on a

7
crop, animal, or site where any of the following exist:

8
(a) The total United States acreage for the crop or site is

9
less than 300,000 acres.

10
(b) The acreage expected to be treated nationally as a

11
result of that use is less than 300,000 acres annually.

12
(c) The use does not provide sufficient economic incentive

13
to support the initial registration or continuing registration of

14
the use.

15
(14) (11) "Misbranded", applies to any IN REFERENCE TO A

16
PESTICIDE OR DEVICE, MEANS THAT THE pesticide or device if it

17
is an imitation of or is offered for sale under the name of

18
another pesticide, or if its HAS labeling THAT does not comply

19
with labeling requirements of this part, the rules promulgated

20
under this part, FIFRA, or regulations promulgated under FIFRA.

21
(15) (12) "Molluscicide" means a pesticide intended for

22
preventing, destroying, repelling, or mitigating a mollusk.

23
(16) "MULTIPLE FAMILY DWELLING" MEANS A DWELLING WHICH IS OR

24
IS TO BE OCCUPIED AS THE RESIDENCE OR HOME FOR THE MEMBERS OF 3

25
OR MORE HOUSEHOLDS LIVING INDEPENDENTLY OF EACH OTHER.

26
Sec. 8305. (1) "Nematode" means invertebrate animals of the

27
phylum nemathelminthes and class nematoda, which are unsegmented

04674'01 11

1
roundworms with elongated, fusiform, or sac-like bodies covered

2
with cuticle that inhabit soil, water, plants, or plant parts. A

3
nematode may also be called a nema or eelworm.

4
(2) "NONCOMMERCIAL LAWN APPLICATION" MEANS LAWN APPLICATION

5
ON PROPERTY OWNED BY OR LEASED TO THE INDIVIDUAL MAKING THE LAWN

6
APPLICATION.

7
(3) "1- OR 2-FAMILY DWELLING" IS ANY STRUCTURE OR PORTION

8
THEREOF WHICH IS OR IS TO BE OCCUPIED IN WHOLE OR IN PART AS THE

9
RESIDENCE OR HOME FOR 1 OR 2 FAMILIES.

10
(4) (2) "Person" means an individual, partnership, corpo-

11
ration, association, governmental entity, or other legal entity.

12
(5) (3) "Pest" means an insect, rodent, nematode, fungus,

13
weed, and other forms of terrestrial or aquatic plant or animal

14
life or virus, bacteria, or other microorganism, or any other

15
organism that the director declares to be a pest under section

16
8322, except viruses, fungi, bacteria, nematodes, or other

17
microorganisms in or on living animals.

18
(6) (4) "Pesticide" means a substance or mixture of sub-

19
stances intended for preventing, destroying, repelling, or miti-

20
gating pests or intended for use as a plant regulator, defoliant,

21
or desiccant. Pesticide does not include liquid chemical steril-

22
ant products, including any sterilant or subordinate disinfectant

23
claims on such products, for use on a critical or semi-critical

24
device, as defined in section 201 of the federal food, drug, and

25
cosmetic act, chapter 675, 52 Stat. 1040, 21 U.S.C. 321. As used

26
in this subsection:

04674'01 12

1
(a) "Critical device" includes any device that is introduced

2
directly into the human body, either into or in contact with the

3
bloodstream or normally sterile areas of the body.

4
(b) "Semi-critical device" includes any device that contacts

5
intact mucous membranes but that does not ordinarily penetrate

6
the blood barrier or otherwise enter normally sterile areas of

7
the body.

8
(7) (5) "Pesticide registration renewal" means the regis-

9
tration of any pesticide that was previously registered by the

10
department.

11
(8) (6) "Place of business" means a location that is

12
staffed by at least 1 person who independently, without supervi-

13
sion, sells or uses pesticides within this state or where a

14
person exercises the right to control others in the sale or use

15
of pesticides within this state.

16
(9) (7) "Plant regulator" means a substance or mixture of

17
substances intended through physiological action for accelerating

18
or retarding the rate of growth or rate of maturation or for oth-

19
erwise altering the behavior of plants or the produce of plants.

20
Plant regulator does not include substances to the extent that

21
they are intended as plant nutrients, trace elements, nutritional

22
chemicals, plant inoculants, and soil amendments.

23
(10) (8) "Private agricultural applicator" means a certi-

24
fied applicator who uses or supervises the use of a restricted

25
use pesticide for a private agricultural purpose.

04674'01 13

1
(11) (9) "Private agricultural purpose" means the

2
application of a pesticide for the production of an agricultural

3
commodity on either of the following:

4
(a) Property owned or rented by the person applying the pes-

5
ticide or by his or her employer.

6
(b) Property of another person if applied without compensa-

7
tion, other than trading of personal services between producers

8
of agricultural commodities.

9
(12) (10) "Protect health and environment" means

10
protection TO PROTECT against any unreasonable adverse effects

11
on the environment.

12
(13) (11) "Public building" means a building that is owned

13
or operated by a federal, state, or local government, including

14
public universities.

15
Sec. 8306. (1) "Registered applicator" means an individual

16
who is authorized to apply general use pesticides for a private

17
or commercial purpose as provided in this part and in the rules

18
promulgated under this part.

19
(2) "Ready-to-use pesticide" means a pesticide that is

20
applied directly from its original container consistent with

21
label directions, such as an aerosol insecticide or rodenticide

22
bait pack that does not require mixing or loading prior to

23
application.

24
(3) "Registrant" means a person who is required to register

25
a pesticide pursuant to this part.

26
(4) "Restricted use pesticide" means a pesticide classified

27
for restricted use by the EPA or the director.

04674'01 14

1
(5) "Restricted use pesticide dealer" means a person engaged

2
in distributing, selling, or offering for sale restricted use

3
pesticides to the ultimate user.

4
(6) "Rodenticide" means a pesticide intended for preventing,

5
destroying, repelling, or mitigating rodents.

6
(7) "School" means public and private schools, grades kin-

7
dergarten through the twelfth grade BUT DOES NOT INCLUDE A HOME

8
SCHOOL.

9
(8) "SCHOOL FACILITY" MEANS ANY SCHOOL BUILDING USED FOR

10
INSTRUCTIONAL PURPOSES, GROUNDS SURROUNDING SUCH A BUILDING,

11
SCHOOL GROUNDS USED FOR PLAYGROUNDS, ATHLETICS, AND OTHER

12
INSTRUCTIONAL PURPOSES, AND ANY ADMINISTRATIVE OFFICES.

13
(9) "SCHOOL YEAR" MEANS THE PERIOD COMMENCING ON THE FIRST

14
DAY OF REGULAR INSTRUCTION AND ENDING ON THE LAST DAY OF

15
SESSION.

16
(10) (8) "Supervise" means directing the application of a

17
pesticide with or without being physically present during the

18
application.

19
(11) (9) "Unreasonable adverse effect on the environment"

20
means any unreasonable risk to human beings or the environment,

21
taking into account the economic, social, and environmental costs

22
and benefits of the use of a pesticide.

23
(12) (10) "Use of a pesticide" means the loading, mixing,

24
applying, storing, transporting, and disposing of a pesticide.

25
(13) (11) "Vendor" means a person who sells or distributes

26
pesticides.

04674'01 15

1
(14) (12) "Violates this part" or "violation of this part"

2
means a violation of this part, a rule promulgated under this

3
part, or an order issued under this part.

4
(15) (13) "Weed" means a plant which grows where it is not

5
wanted.

6
SEC. 8315A. (1) A RETAIL ESTABLISHMENT THAT SELLS GENERAL

7
USE PESTICIDES FOR LAWN APPLICATION SHALL DISPLAY A SIGN MEETING

8
STANDARDS ESTABLISHED BY THE DIRECTOR UNDER SECTION 8315B(1).

9
THE SIGN SHALL BE DISPLAYED IN A CONSPICUOUS PLACE AS CLOSE AS

10
POSSIBLE TO THE PLACE WHERE THE PESTICIDES ARE DISPLAYED.

11
(2) AT LEAST 48 HOURS BEFORE ANY COMMERCIAL LAWN APPLICATION

12
OF A PESTICIDE, THE PERSON MAKING THE APPLICATION SHALL SUPPLY

13
WRITTEN NOTICE TO OCCUPANTS OF ALL 1- OR 2-FAMILY DWELLINGS, AND

14
TO OWNERS, OWNERS' AGENTS, OR OTHER PERSONS IN A POSITION OF

15
AUTHORITY FOR ALL OTHER TYPES OF PREMISES, THAT ARE ON ABUTTING

16
PROPERTY WITH A BOUNDARY THAT IS WITHIN 150 FEET OF THE SITE OF

17
THE COMMERCIAL LAWN APPLICATION. THE DIRECTOR SHALL SPECIFY THE

18
MANNER IN WHICH A PERSON MAKING A COMMERCIAL LAWN APPLICATION

19
SHALL SUPPLY THE WRITTEN NOTICE INCLUDING, BUT NOT LIMITED TO,

20
MAILING THE NOTICE, OR LEAVING THE NOTICE WITH A RESPONSIBLE

21
ADULT OR IN A CONSPICUOUS LOCATION ON THE ABUTTING PROPERTY. THE

22
DIRECTOR SHALL SPECIFY A MANNER IN WHICH A PERSON MAKING A COM-

23
MERCIAL LAWN APPLICATION MAY PROVIDE AN OPTION TO OCCUPANTS OF 1-

24
OR 2-FAMILY DWELLINGS TO DECLINE FURTHER NOTICES.

25
(3) THE OWNER OF A MULTIPLE FAMILY DWELLING OR THE OWNER'S

26
AGENT SHALL SUPPLY THE WRITTEN NOTICE UNDER SUBSECTION (2) TO THE

27
OCCUPANTS OF THE MULTIPLE FAMILY DWELLING IN A MANNER SPECIFIED

04674'01 16

1
BY THE DIRECTOR. FOR ALL OTHER TYPES OF PREMISES, THE OWNER,

2
OWNER'S AGENT, OR OTHER PERSON IN A POSITION OF AUTHORITY SHALL

3
POST THE WRITTEN NOTICE UNDER SUBSECTION (2) IN A MANNER SPECI-

4
FIED BY THE DIRECTOR.

5
(4) THE DIRECTOR SHALL SPECIFY THE CONTENT AND FORM OF THE

6
WRITTEN NOTICE UNDER SUBSECTION (2). THE NOTICE SHALL INCLUDE AT

7
LEAST ALL OF THE FOLLOWING:

8
(A) THE ADDRESS WHERE THE PESTICIDE APPLICATION IS TO BE

9
MADE.

10
(B) THE NAME AND TELEPHONE NUMBER OF THE PERSON MAKING THE

11
PESTICIDE APPLICATION.

12
(C) THE SPECIFIC DATE OF EACH PESTICIDE APPLICATION AND 2

13
ALTERNATIVE DATES TO THE PROPOSED DATE OF APPLICATION IF WEATHER

14
CONDITIONS PRECLUDE THE PESTICIDE APPLICATION ON THE PROPOSED

15
DATE.

16
(D) THE PRODUCT NAME OR NAMES AND THE EPA REGISTRATION

17
NUMBER OR NUMBERS OF THE PESTICIDE OR PESTICIDES TO BE APPLIED.

18
(E) A PROMINENT STATEMENT THAT READS SUBSTANTIALLY AS

19
FOLLOWS: "THIS NOTICE IS TO INFORM YOU OF A PENDING PESTICIDE

20
APPLICATION TO NEIGHBORING PROPERTY. YOU MAY WISH TO TAKE PRE-

21
CAUTIONS TO MINIMIZE PESTICIDE EXPOSURE TO YOURSELF, FAMILY MEM-

22
BERS, PETS, OR FAMILY POSSESSIONS. FURTHER INFORMATION ABOUT THE

23
PRODUCT OR PRODUCTS BEING APPLIED, INCLUDING ANY WARNINGS THAT

24
APPEAR ON THE LABELS OF SUCH PESTICIDE OR PESTICIDES THAT ARE

25
PERTINENT TO THE PROTECTION OF HUMANS, ANIMALS, OR THE ENVIRON-

26
MENT, CAN BE OBTAINED BY CALLING THE NATIONAL PESTICIDE

27
INFORMATION CENTER AT 1-800-858-7378.".

04674'01 17

1
(5) SUBSECTIONS (2) AND (3) DO NOT APPLY TO ANY OF THE

2
FOLLOWING:

3
(A) THE APPLICATION OF ANTIMICROBIAL PESTICIDES AND ANTIMI-

4
CROBIAL PRODUCTS AS DEFINED IN SECTIONS 2(mm) AND 19(h)(2) OF THE

5
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, CHAPTER 125,

6
86 STAT. 973, 7 U.S.C. 136 AND 136q.

7
(B) THE USE OF AN AEROSOL PRODUCT WITH A DIRECTED SPRAY, IN

8
CONTAINERS OF 18 FLUID OUNCES OR LESS, WHEN USED TO PROTECT INDI-

9
VIDUALS FROM AN IMMINENT THREAT FROM STINGING AND BITING INSECTS,

10
INCLUDING VENOMOUS SPIDERS, BEES, WASPS, AND HORNETS. THIS SUB-

11
DIVISION DOES NOT EXEMPT FROM NOTIFICATION THE USE OF ANY FOGGER

12
PRODUCT OR AEROSOL PRODUCT THAT DISCHARGES TO A WIDE AREA.

13
(C) THE USE OF NONVOLATILE INSECTICIDES OR RODENTICIDES IN A

14
TAMPER-RESISTENT BAIT STATION OR IN AREAS INACCESSIBLE TO

15
CHILDREN.

16
(D) THE APPLICATION OF A PESTICIDE CLASSIFIED BY THE EPA AS

17
AN EXEMPT MATERIAL UNDER 40 C.F.R. 152.25.

18
(E) THE APPLICATION OF BORIC ACID AND DISODIUM OCTABORATE

19
TETRAHYDRATE.

20
(F) THE APPLICATION OF HORTICULTURAL SOAP AND OILS THAT DO

21
NOT CONTAIN SYNTHETIC PESTICIDES OR SYNERGISTS.

22
(G) THE APPLICATION OF A PESTICIDE BY DIRECT INJECTION INTO

23
A PLANT OR THE GROUND.

24
(H) THE APPLICATION OF A PESTICIDE TO THE GROUND OR TURF OF

25
A CEMETERY.

26
(I) AN EMERGENCY PESTICIDE APPLICATION WHEN NECESSARY TO

27
PROTECT AGAINST AN IMMINENT THREAT TO HUMAN HEALTH. HOWEVER,

04674'01 18

1
BEFORE MAKING AN EMERGENCY PESTICIDE APPLICATION, A PERSON SHALL

2
MAKE A GOOD FAITH EFFORT TO SUPPLY THE WRITTEN NOTICE UNDER

3
SUBSECTION (2). UPON MAKING AN EMERGENCY PESTICIDE APPLICATION,

4
A PERSON SHALL NOTIFY THE DIRECTOR, USING A FORM DEVELOPED BY THE

5
DIRECTOR FOR SUCH PURPOSES. THE NOTICE SHALL INCLUDE AT LEAST

6
ALL OF THE FOLLOWING:

7
(i) THE ADDRESS WHERE THE APPLICATION WAS MADE.

8
(ii) THE NAME AND TELEPHONE NUMBER OF THE PERSON MAKING THE

9
PESTICIDE APPLICATION.

10
(iii) THE DATE OF THE PESTICIDE APPLICATION.

11
(iv) THE PRODUCT NAME AND EPA REGISTRATION NUMBER OF THE

12
PESTICIDE OR PESTICIDES APPLIED.

13
(v) THE REASON FOR THE PESTICIDE APPLICATION.

14
(6) THE DIRECTOR SHALL REVIEW ANY EMERGENCY FORM SUBMITTED

15
UNDER SUBSECTION (5)(I) TO ENSURE THAT THE CIRCUMSTANCE DID WAR-

16
RANT THE EMERGENCY PESTICIDE APPLICATION. THE FORMS SHALL BE

17
KEPT ON FILE AT THE DEPARTMENT FOR 3 YEARS FROM THE DATE OF THE

18
PESTICIDE APPLICATION AND SHALL BE MADE AVAILABLE TO ANY PERSON

19
UPON REQUEST.

20
(7) A PERSON PERFORMING A NONCOMMERCIAL LAWN APPLICATION

21
TREATING AN AREA MORE THAN 100 SQUARE FEET OR PERFORMING A COM-

22
MERCIAL LAWN APPLICATION SHALL PLACE MARKERS WITHIN OR ALONG THE

23
PERIMETER OF THE AREA WHERE PESTICIDES WILL BE APPLIED. MARKERS

24
SHALL BE PLACED SO AS TO BE CLEARLY VISIBLE TO PERSONS IMMEDI-

25
ATELY OUTSIDE THE PERIMETER. THE MARKERS SHALL BE POSTED AT

26
LEAST 12 INCHES ABOVE THE GROUND AND SHALL BE AT LEAST 4 INCHES

27
BY 5 INCHES IN SIZE. THE MARKERS SHALL BE PLACED BEFORE THE LAWN

04674'01 19

1
APPLICATION ON THE DAY OF THE LAWN APPLICATION AND SHALL INSTRUCT

2
PERSONS NOT TO ENTER THE AREA WHERE PESTICIDES WERE APPLIED AND

3
NOT TO REMOVE THE MARKERS, FOR A PERIOD OF AT LEAST 24 HOURS.

4
THE INSTRUCTION SHALL BE PRINTED BOLDLY IN LETTERS AT LEAST 3/8

5
OF AN INCH IN HEIGHT.

6
SEC. 8315B. (1) THE DIRECTOR SHALL ESTABLISH UNIFORM STAN-

7
DARDS FOR A CONSUMER PESTICIDE USE INFORMATION SIGN PROVIDED FOR

8
UNDER SECTION 8315A(1) WHICH SHALL BE PLACED IN RETAIL ESTABLISH-

9
MENTS THAT SELL GENERAL USE PESTICIDES FOR LAWN APPLICATION.

10
THIS SIGN SHALL CONTAIN ALL OF THE FOLLOWING INFORMATION:

11
(A) A WARNING NOTICE DIRECTING CONSUMERS TO FOLLOW DIREC-

12
TIONS ON LABELS.

13
(B) A PROVISION TO INFORM CONSUMERS OF THE POSTING REQUIRE-

14
MENTS SET FORTH IN SECTION 8315A(7).

15
(C) A RECOMMENDATION THAT THE CONSUMER NOTIFY NEIGHBORS

16
BEFORE THE APPLICATION OF PESTICIDES SO THAT SUCH NEIGHBORS MAY

17
TAKE PRECAUTIONS TO AVOID PESTICIDE EXPOSURE.

18
(2) THE DIRECTOR SHALL PREPARE AND PUBLISH, IN CONSULTATION

19
WITH THE DIRECTOR OF THE DEPARTMENT OF COMMUNITY HEALTH, EDUCA-

20
TIONAL MATERIALS EXPLAINING THE REQUIREMENTS OF SECTIONS 8315A

21
AND 8316A AND THE HUMAN AND ENVIRONMENTAL HEALTH EFFECTS OF LAWN

22
CARE PESTICIDES.

23
(3) THE DIRECTOR MAY SPECIFY PROCEDURES, NOT INCONSISTENT

24
WITH ANY OTHER PROVISIONS OF LAW, FOR THE DEPARTMENT'S INVESTIGA-

25
TION AND PROCESSING OF ALLEGED VIOLATIONS OF SECTION 8315A(7)

26
THAT PERTAIN TO PERSONS PERFORMING NONCOMMERCIAL LAWN

27
APPLICATIONS. THE UNIFORM PROCEDURES MAY REQUIRE COMPLAINTS TO

04674'01 20

1
BE IN THE FORM OF A SWORN STATEMENT CONTAINING THE FACTS UPON

2
WHICH AN ALLEGED VIOLATION IS BASED AND MAY PROVIDE THAT THE

3
DEPARTMENT IS NOT REQUIRED TO PERFORM ANY TESTING OR SAMPLING IN

4
RELATION TO THE INVESTIGATION OF ANY SUCH ALLEGED VIOLATIONS.

5
Sec. 8316. (1) At the beginning of each school year,

6
school administrators shall notify parents and guardians of chil-

7
dren attending that school of the right to be informed prior to

8
any application of a pesticide at that school.

9
(2) The notice described in subsection (1) shall contain

10
information, obtained from the person applying the pesticide,

11
which includes a statement that a pesticide will be applied, the

12
approximate location of the application, and the date of the

13
application.

14
(1) EACH SCHOOL SHALL ESTABLISH A PESTICIDE NOTIFICATION

15
PROCEDURE TO PROVIDE INFORMATION ON PESTICIDE APPLICATIONS AT

16
SCHOOL FACILITIES. A SCHOOL SHALL PROVIDE WRITTEN NOTIFICATION

17
OF PESTICIDE APPLICATIONS AT ANY SCHOOL FACILITY TO STAFF, PAR-

18
ENTS, AND LEGAL GUARDIANS AS REQUIRED IN THIS SECTION. ANY NOTI-

19
FICATION REQUIRED BY THIS SECTION SHALL BE IN WRITING PROVIDED

20
DIRECTLY TO THE STUDENT OR STAFF, DELIVERED TO A RECEPTACLE DES-

21
IGNATED FOR THAT STUDENT OR STAFF, MAILED TO THE STUDENT'S OR

22
STAFF'S LAST KNOWN ADDRESS, OR DELIVERED BY ANY OTHER REASONABLE

23
METHODS AUTHORIZED BY THE DIRECTOR.

24
(2) A SCHOOL SHALL PROVIDE NOTIFICATION UNDER SUBSECTION (1)

25
TO ALL STAFF, PARENTS, AND LEGAL GUARDIANS AT THE BEGINNING OF

26
EACH SCHOOL YEAR. HOWEVER, IF A CHILD ENROLLS AFTER THE

27
BEGINNING OF THE SCHOOL YEAR, NOTIFICATION SHALL BE PROVIDED

04674'01 21

1
WITHIN 1 WEEK OF ENROLLMENT. THE NOTIFICATION PROVIDED AT THE

2
BEGINNING OF THE SCHOOL YEAR SHALL INCLUDE AT LEAST ALL OF THE

3
FOLLOWING INFORMATION:

4
(A) A STATEMENT THAT PESTICIDE PRODUCTS MAY BE USED PERIODI-

5
CALLY THROUGHOUT THE SCHOOL YEAR.

6
(B) A STATEMENT THAT SCHOOLS ARE REQUIRED TO MAINTAIN A LIST

7
OF STAFF, PARENTS, AND LEGAL GUARDIANS WHO WISH TO RECEIVE

8
48-HOUR PRIOR WRITTEN NOTIFICATION OF PESTICIDE APPLICATIONS AT

9
RELEVANT SCHOOL FACILITIES AND INSTRUCTIONS ON HOW TO REGISTER

10
WITH THE SCHOOL TO BE ON THE NOTIFICATION LIST.

11
(C) THE NAME OF A SCHOOL REPRESENTATIVE AND CONTACT NUMBER

12
TO OBTAIN FURTHER INFORMATION.

13
(3) WITHIN 10 DAYS OF THE END OF THE SCHOOL YEAR AND WITHIN

14
2 SCHOOL DAYS OF THE END OF WINTER VACATION AND SPRING VACATION,

15
THE SCHOOL SHALL PROVIDE TO ALL STAFF, PARENTS, AND LEGAL GUARDI-

16
ANS WRITTEN NOTIFICATION THAT INCLUDES AT LEAST ALL OF THE FOL-

17
LOWING INFORMATION:

18
(A) FOR EACH PESTICIDE APPLICATION WHICH REQUIRED PRIOR

19
NOTIFICATION AND EACH EMERGENCY PESTICIDE APPLICATION MADE AT

20
SCHOOL FACILITIES, DURING THE PERIOD OF TIME SINCE THE PREVIOUS

21
NOTICE, THE DATE, LOCATION, AND PRODUCT USED.

22
(B) A STATEMENT THAT SCHOOLS ARE REQUIRED TO MAINTAIN A LIST

23
OF STAFF, PARENTS, AND LEGAL GUARDIANS WHO WISH TO RECEIVE

24
48-HOUR PRIOR WRITTEN NOTIFICATION OF PESTICIDE APPLICATIONS AND

25
INSTRUCTIONS ON HOW TO REGISTER WITH THE SCHOOL TO BE ON THE LIST

26
FOR PRIOR NOTIFICATION.

04674'01 22

1
(C) HOW TO OBTAIN FURTHER INFORMATION ABOUT THE PRODUCTS

2
BEING APPLIED, INCLUDING ANY WARNINGS THAT APPEAR ON THE LABEL OF

3
THE PESTICIDES THAT ARE PERTINENT TO THE PROTECTION OF HUMANS,

4
ANIMALS, OR THE ENVIRONMENT.

5
(D) THE NAME AND TELEPHONE NUMBER OF A SCHOOL REPRESENTATIVE

6
TO CONTACT FOR ADDITIONAL INFORMATION.

7
(4) EACH SCHOOL SHALL ESTABLISH AND MAINTAIN A LIST OF

8
STAFF, PARENTS, AND LEGAL GUARDIANS REQUESTING NOTIFICATION

9
48 HOURS IN ADVANCE OF PESTICIDE APPLICATIONS. A SCHOOL SHALL

10
ADD ANY STAFF, PARENT, OR LEGAL GUARDIAN TO THE NOTIFICATION LIST

11
UPON REQUEST.

12
(5) SUBJECT TO SUBSECTION (6), NOT LESS THAN 48 HOURS BEFORE

13
THE APPLICATION OF A PESTICIDE AT A SCHOOL FACILITY, A SCHOOL

14
SHALL PROVIDE TO INDIVIDUALS ON THE SCHOOL'S NOTIFICATION LIST

15
UNDER SUBSECTION (4) NOTIFICATION THAT INCLUDES AT LEAST ALL OF

16
THE FOLLOWING INFORMATION:

17
(A) THE SPECIFIC DATE AND LOCATION OF THE PESTICIDE

18
APPLICATION. IN CASE OF OUTDOOR PESTICIDE APPLICATIONS, THE

19
NOTICE MUST PROVIDE A SPECIFIC DATE, AND MAY INCLUDE

20
2 ALTERNATIVE DATES IN CASE THE APPLICATION CANNOT BE MADE

21
BECAUSE OF WEATHER CONDITIONS.

22
(B) THE PRODUCT NAME AND PESTICIDE REGISTRATION NUMBER

23
ASSIGNED BY THE EPA.

24
(C) A PROMINENT STATEMENT THAT READS SUBSTANTIALLY AS

25
FOLLOWS: "THIS NOTICE IS TO INFORM YOU OF A PENDING PESTICIDE

26
APPLICATION AT A SCHOOL FACILITY. YOU MAY WISH TO DISCUSS WITH

27
THE DESIGNATED SCHOOL REPRESENTATIVE WHAT PRECAUTIONS ARE BEING

04674'01 23

1
TAKEN TO PROTECT CHILDREN AND STAFF FROM EXPOSURE TO THESE

2
PESTICIDES. FURTHER INFORMATION ABOUT THE PRODUCT(S) BEING

3
APPLIED, INCLUDING ANY WARNINGS THAT APPEAR ON THE LABEL OF THE

4
PESTICIDE(S) THAT ARE PERTINENT TO THE PROTECTION OF HUMANS, ANI-

5
MALS, OR THE ENVIRONMENT, CAN BE OBTAINED BY CALLING THE NATIONAL

6
PESTICIDE INFORMATION CENTER AT 1-800-858-7378.".

7
(D) THE NAME AND TELEPHONE NUMBER OF A SCHOOL REPRESENTATIVE

8
TO CONTACT FOR ADDITIONAL INFORMATION.

9
(6) THE NOTIFICATION UNDER SUBSECTION (5) NEED ONLY BE PRO-

10
VIDED TO BOTH OF THE FOLLOWING:

11
(A) STAFF WHO REGULARLY WORK AT THE SCHOOL FACILITY THAT IS

12
THE SITE OF THE PESTICIDE APPLICATION.

13
(B) PARENTS OR LEGAL GUARDIANS OF CHILDREN WHO REGULARLY

14
RECEIVE INSTRUCTION OR HAVE SCHEDULED RECESS AT THAT SCHOOL

15
FACILITY.

16
(7) A PESTICIDE SHALL NOT BE APPLIED AT A SCHOOL FACILITY

17
DURING SCHOOL HOURS.

18
(8) THE FOLLOWING PESTICIDE APPLICATIONS ARE NOT SUBJECT TO

19
SUBSECTIONS (1) TO (7):

20
(A) THE APPLICATION OF ANTIMICROBIAL PESTICIDES AND ANTIMI-

21
CROBIAL PRODUCTS AS DEFINED IN SECTIONS 2(mm) AND 19(h)(2) OF THE

22
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, CHAPTER 125,

23
86 STAT. 973, 7 U.S.C. 136 AND 136q.

24
(B) THE USE OF AN AEROSOL PRODUCT WITH A DIRECTED SPRAY, IN

25
CONTAINERS OF 18 FLUID OUNCES OR LESS, WHEN USED TO PROTECT INDI-

26
VIDUALS FROM AN IMMINENT THREAT FROM STINGING AND BITING INSECTS

27
INCLUDING VENOMOUS SPIDERS, BEES, WASPS, AND HORNETS. THIS

04674'01 24

1
SUBDIVISION DOES NOT EXEMPT FROM NOTIFICATION THE USE OF ANY

2
FOGGER PRODUCT OR AEROSOL PRODUCT THAT DISCHARGES TO A WIDE

3
AREA.

4
(C) THE USE OF NONVOLATILE INSECTICIDES OR RODENTICIDES IN

5
TAMPER-RESISTANT BAIT STATIONS OR IN AREAS INACCESSIBLE TO

6
CHILDREN.

7
(D) SILICA GELS AND OTHER NONVOLATILE READY-TO-USE PASTE,

8
FOAM, OR GEL FORMULATIONS OF INSECTICIDES IN AREAS INACCESSIBLE

9
TO CHILDREN.

10
(E) APPLICATION OF A PESTICIDE CLASSIFIED BY THE EPA AS AN

11
EXEMPT MATERIAL UNDER 40 C.F.R. 152.25.

12
(F) THE APPLICATION OF BORIC ACID AND DISODIUM OCTABORATE

13
TETRAHYDRATE.

14
(G) THE APPLICATION OF A PESTICIDE WHICH THE EPA HAS DETER-

15
MINED SATISFIES ITS REDUCED RISK CRITERIA, INCLUDING A

16
BIOPESTICIDE.

17
(H) ANY PESTICIDE APPLICATION WHERE THE FACILITY REMAINS

18
UNOCCUPIED DURING AND FOR A CONTINUOUS 72-HOUR PERIOD FOLLOWING

19
THE APPLICATION OF THE PESTICIDE.

20
(I) ANY EMERGENCY PESTICIDE APPLICATION WHEN NECESSARY TO

21
PROTECT AGAINST AN IMMINENT THREAT TO HUMAN HEALTH. HOWEVER,

22
BEFORE MAKING AN EMERGENCY PESTICIDE APPLICATION, A PERSON SHALL

23
MAKE A GOOD FAITH EFFORT TO SUPPLY THE WRITTEN NOTICE REQUIRED

24
UNDER THIS SECTION. UPON MAKING AN EMERGENCY PESTICIDE APPLICA-

25
TION, A PERSON SHALL NOTIFY THE DIRECTOR, USING A FORM DEVELOPED

26
BY THE DIRECTOR FOR SUCH PURPOSES. THE NOTICE SHALL INCLUDE AT

27
LEAST ALL OF THE FOLLOWING:

04674'01 25

1
(i) THE ADDRESS WHERE THE APPLICATION WAS MADE.

2
(ii) THE NAME AND TELEPHONE NUMBER OF THE PERSON MAKING THE

3
PESTICIDE APPLICATION.

4
(iii) THE DATE OF THE PESTICIDE APPLICATION.

5
(iv) THE PRODUCT NAME AND EPA REGISTRATION NUMBER OF THE

6
PESTICIDE OR PESTICIDES APPLIED.

7
(v) THE REASON FOR THE PESTICIDE APPLICATION.

8
(9) THE DIRECTOR SHALL REVIEW AN EMERGENCY FORM SUBMITTED

9
UNDER SUBSECTION (8)(I) TO ENSURE THAT THE CIRCUMSTANCE DID WAR-

10
RANT THE EMERGENCY PESTICIDE APPLICATION. THE FORMS SHALL BE

11
KEPT ON FILE AT THE DEPARTMENT FOR 3 YEARS FROM THE DATE OF THE

12
PESTICIDE APPLICATION AND SHALL BE MADE AVAILABLE TO ANY PERSON

13
UPON REQUEST.

14
(10) THE DIRECTOR SHALL ENSURE THE COMPLIANCE OF SCHOOLS

15
WITH THE REQUIREMENTS OF THIS SECTION, AND SHALL ESTABLISH A PRO-

16
CEDURE FOR PARENTS TO NOTIFY THE STATE OF ANY SCHOOL'S FAILURE TO

17
COMPLY WITH THE REQUIREMENTS OF THIS SECTION.

18
SEC. 8316A. (1) NOT LESS THAN 48 HOURS BEFORE THE APPLICA-

19
TION OF A PESTICIDE AT A DAY CARE FACILITY, THE DAY CARE FACILITY

20
SHALL POST A NOTICE OF THE PESTICIDE APPLICATION IN A COMMON AREA

21
OF THE DAY CARE FACILITY THAT IS CONSPICUOUSLY VISIBLE TO PERSONS

22
DROPPING OFF OR PICKING UP CHILDREN FROM THE DAY CARE FACILITY.

23
THE NOTICE SHALL INCLUDE AT LEAST ALL OF THE FOLLOWING:

24
(A) THE LOCATION AND SPECIFIC DATE OF THE PESTICIDE APPLICA-

25
TION AT THE DAY CARE FACILITY. FOR AN OUTDOOR APPLICATION, THE

26
NOTICE MUST PROVIDE A SPECIFIC DATE AND MAY INCLUDE 2 ALTERNATIVE

04674'01 26

1
DATES IF WEATHER CONDITIONS PRECLUDE THE PESTICIDE APPLICATION ON

2
THE PROPOSED DATE.

3
(B) THE PRODUCT NAME OR NAMES AND THE EPA REGISTRATION

4
NUMBER OR NUMBERS OF THE PESTICIDE OR PESTICIDES TO BE APPLIED.

5
(C) A PROMINENT STATEMENT THAT READS SUBSTANTIALLY AS

6
FOLLOWS: "THIS NOTICE IS TO INFORM YOU OF A PENDING PESTICIDE

7
APPLICATION AT THIS DAY CARE FACILITY. YOU MAY WISH TO DISCUSS

8
WITH A REPRESENTATIVE OF THE DAY CARE FACILITY WHAT PRECAUTIONS

9
ARE BEING TAKEN TO PROTECT YOUR CHILD FROM EXPOSURE TO THESE

10
PESTICIDES. FURTHER INFORMATION ABOUT THE PRODUCT OR PRODUCTS

11
BEING APPLIED, INCLUDING ANY WARNINGS THAT APPEAR ON THE LABEL OF

12
THE PESTICIDE OR PESTICIDES THAT ARE PERTINENT TO THE PROTECTION

13
OF HUMANS, ANIMALS, OR THE ENVIRONMENT, CAN BE OBTAINED BY CALL-

14
ING THE NATIONAL PESTICIDE INFORMATION CENTER AT

15
1-800-858-7378.".

16
(D) THE NAME AND TELEPHONE NUMBER OF A REPRESENTATIVE OF THE

17
DAY CARE FACILITY TO CONTACT FOR ADDITIONAL INFORMATION.

18
(2) A PESTICIDE SHALL NOT BE APPLIED AT A DAY CARE FACILITY

19
DURING OPERATING HOURS.

20
(3) THE PESTICIDE APPLICATIONS DESCRIBED IN SECTION 8316(7)

21
ARE NOT SUBJECT TO THE REQUIREMENTS OF SUBSECTION (1) OR (2).

22
(4) A PERSON, OTHER THAN A DAY CARE FACILITY, WHO CONTRACTS

23
FOR THE APPLICATION OF A PESTICIDE AT A DAY CARE FACILITY SHALL

24
PROVIDE TO THE DAY CARE FACILITY OPERATOR INFORMATION REQUIRED TO

25
BE CONTAINED IN THE POSTING UNDER SUBSECTION (1) AT LEAST

26
48 HOURS BEFORE THE APPLICATION.

04674'01 27

1
SEC. 8316B. A PERSON SHALL NOT APPLY A PESTICIDE, OTHER

2
THAN A SANITIZER, GERMICIDE, DISINFECTANT, OR ANTI-MICROBIAL

3
AGENT, IN A SCHOOL BUILDING, PUBLIC BUILDING, HEALTH CARE FACILI-

4
TY, OR CHILD CARE CENTER UNLESS A VERIFIABLE INTEGRATED PEST MAN-

5
AGEMENT PROGRAM IS IN PLACE FOR THE BUILDING. THE INTEGRATED

6
PEST MANAGEMENT PROGRAM SHALL INCLUDE ALL OF THE FOLLOWING

7
ELEMENTS:

8
(A) THE FOLLOWING INTEGRATED PEST MANAGEMENT PRACTICES AND

9
PRINCIPLES:

10
(i) SITE EVALUATION, INCLUDING SITE DESCRIPTION, INSPECTION,

11
AND MONITORING.

12
(ii) CONSIDERATION OF THE RELATIONSHIP BETWEEN PEST BIOLOGY

13
AND PEST MANAGEMENT METHODS.

14
(iii) CONSIDERATION OF ALL AVAILABLE PEST MANAGEMENT

15
METHODS, INCLUDING POPULATION REDUCTION TECHNIQUES, SUCH AS

16
MECHANICAL, BIOLOGICAL, AND CHEMICAL TECHNIQUES AND PEST PREVEN-

17
TION TECHNIQUES, SUCH AS HABITAT MODIFICATION.

18
(iv) PEST CONTROL METHOD SELECTION, INCLUDING CONSIDERATION

19
OF THE IMPACT ON HUMAN HEALTH AND THE ENVIRONMENT.

20
(v) CONTINUAL EVALUATION OF THE INTEGRATED PEST MANAGEMENT

21
PROGRAM TO DETERMINE THE PROGRAM'S EFFECTIVENESS AND THE NEED FOR

22
PROGRAM MODIFICATION.

23
(B) RECORDS TO BE KEPT AND MAINTAINED BY THE APPLICATOR,

24
INCLUDING ALL OF THE FOLLOWING:

25
(i) THE SITE ADDRESS.

26
(ii) THE DATE OF SERVICE.

04674'01 28

1
(iii) THE TARGET PEST OR PESTS.

2
(iv) THE INSPECTION REPORT, INCLUDING THE NUMBER OF PESTS

3
FOUND OR REPORTED, AND THE CONDITIONS CONDUCIVE TO PEST

4
INFESTATION.

5
(v) THE PEST MANAGEMENT RECOMMENDATIONS MADE BY THE APPLICA-

6
TOR, SUCH AS STRUCTURAL OR HABITAT MODIFICATION.

7
(vi) THE STRUCTURAL OR HABITAT MODIFICATION OR OTHER MEA-

8
SURES THAT WERE INITIATED AS A PART OF THE PEST MANAGEMENT

9
PROGRAM.

10
(vii) THE NAME OF THE PESTICIDE OR PESTICIDES USED.

11
(viii) THE QUANTITY OF PESTICIDE OR PESTICIDES USED.

12
(ix) THE LOCATION OF THE AREA OR ROOM OR ROOMS WHERE PESTI-

13
CIDES WERE APPLIED.

14
(x) THE NAME OF THE APPLICATOR.

15
(xi) THE NAME OF THE PEST CONTROL FIRM, IF A FIRM IS

16
EMPLOYED, AND THE EMERGENCY TELEPHONE NUMBER.

17
(C) WITH RESPECT TO A COMMERCIAL APPLICATOR, PROVISION OF

18
THE FOLLOWING INFORMATION TO THE BUILDING MANAGER:

19
(i) THE INTEGRATED PEST MANAGEMENT PROGRAM AND INITIAL SERV-

20
ICE INSPECTION RECORD, WHICH SHALL BE PROVIDED AT THE TIME OF

21
INITIAL SERVICE.

22
(ii) A RECORD THAT INCLUDES THE INFORMATION SPECIFIED IN

23
SUBDIVISION (B), WHICH SHALL BE PROVIDED AT THE COMPLETION OF

24
EACH SERVICE CALL.

25
(iii) THE ACCEPTANCE OF RESPONSIBILITY BY THE BUILDING MAN-

26
AGER TO POST ANY SIGNS AS REQUIRED UNDER RULES PROMULGATED UNDER

27
SECTION 8325.

04674'01 29

1
SEC. 8321A. THE DEPARTMENT SHALL MAINTAIN A DATABASE OF

2
HUMAN PESTICIDE POISONINGS THAT OCCUR IN THIS STATE AFTER THE

3
EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SECTION.

4
THE DATA SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, ALL OF THE

5
FOLLOWING:

6
(A) HOW THE POISONING OCCURRED.

7
(B) THE PESTICIDE THAT CAUSED THE POISONING.

8
(C) THE NUMBER AND AGE OF THE PEOPLE AFFECTED.

9
(D) THE ADVERSE HEALTH EFFECTS SUFFERED BY THE PEOPLE

10
AFFECTED.

11
(E) ANY ENFORCEMENT ACTION TAKEN.

12
Sec. 8333. (1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS

13
SECTION, A PERSON WHO VIOLATES SECTION 8315A(1) SHALL BE ISSUED A

14
WARNING FOR THE FIRST VIOLATION AND SHALL BE PROVIDED 7 DAYS TO

15
CORRECT THE VIOLATION. A PERSON WHO VIOLATES SECTION 8315A(1) A

16
SECOND OR SUBSEQUENT TIME IS RESPONSIBLE FOR A STATE CIVIL

17
INFRACTION AND MAY BE FINED NOT MORE THAN $250.00 FOR EACH SUCH

18
VIOLATION.

19
(2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A

20
PERSON WHO VIOLATES SECTION 8315A(3) OR A PERSON WHO VIOLATES

21
SECTION 8315A(7) SHALL, FOR A FIRST SUCH VIOLATION, IN LIEU OF A

22
FINE, BE ISSUED A WRITTEN WARNING AND SHALL ALSO BE ISSUED EDUCA-

23
TIONAL MATERIALS PURSUANT TO SECTION 8315B(2). A PERSON WHO COM-

24
MITS A SECOND VIOLATION OF SECTION 8315A(3) OR A SECOND VIOLATION

25
OF SECTION 8315A(7) IS RESPONSIBLE FOR A STATE CIVIL INFRACTION

26
AND MAY BE FINED NOT MORE THAN $100.00. A PERSON WHO COMMITS A

27
THIRD OR SUBSEQUENT VIOLATION OF SECTION 8315A(3) OR A THIRD OR

04674'01 30

1
SUBSEQUENT VIOLATION OF SECTION 8315A(7) IS RESPONSIBLE FOR A

2
STATE CIVIL INFRACTION AND MAY BE FINED NOT MORE THAN $250.00.

3
(3) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A

4
PERSON WHO VIOLATES SECTION 8316A(4) SHALL, FOR A FIRST SUCH VIO-

5
LATION, IN LIEU OF A FINE, BE ISSUED A WRITTEN WARNING AND SHALL

6
ALSO BE ISSUED EDUCATIONAL MATERIALS PURSUANT TO

7
SECTION 8315B(2). THE DIRECTOR, UPON FINDING AFTER NOTICE AND AN

8
OPPORTUNITY FOR A HEARING, THAT SUCH A PERSON HAS COMMITTED A

9
SECOND OR SUBSEQUENT SUCH VIOLATION, MAY IMPOSE AN ADMINISTRATIVE

10
FINE OF NOT MORE THAN $100.00 FOR A SECOND VIOLATION OR NOT MORE

11
THAN $250.00 FOR A SUBSEQUENT VIOLATION.

12
(4) (1) A person who violates this part is subject to the

13
penalties and remedies provided in this part regardless of

14
whether he or she acted alone or through an employee or agent.

15 (5) (2) The director, upon finding after notice and an

16
opportunity for a hearing that a person has violated or attempted

17
to violate any provision of this part EXCEPT SECTION 8311(2),

18
8312, 8315A(1), 8315A(3), 8315A(7), 8316, OR 8316A(4), may impose

19
an administrative fine of not more than $1,000.00 for each viola-

20
tion of this part.

21
(6) (3) If the director finds that a violation or

22
attempted violation occurred despite the exercise of due care or

23
did not result in significant harm to human health or the envi-

24
ronment, the director may issue a warning instead of imposing an

25
administrative fine.

26
(7) (4) The director shall advise the attorney general of

27
the failure of a person to pay an administrative fine imposed

04674'01 31

1
under this section. The attorney general may bring an action in

2
a court of competent jurisdiction for the failure to pay an

3
administrative fine imposed under this section.

4
(8) (5) A person who violates this part or attempts to

5
violate this part is guilty of a misdemeanor punishable by

6
imprisonment for not more than 90 days or a fine of not more than

7
$5,000.00, or both, for each offense.

8
(9) (6) The director may bring an action to enjoin a vio-

9
lation of this part or an attempted violation of this part in a

10
court of competent jurisdiction of the county in which the viola-

11
tion occurs or is about to occur.

12
(10) (7) The attorney general may file a civil action in

13
which the court may impose on any person who violates this part

14
or attempts to violate this part a civil fine of not more than

15
$5,000.00 for each violation or attempted violation. In addi-

16
tion, the attorney general may bring an action in circuit court

17
to recover the reasonable costs of the investigation from any

18
person who violated this part or attempted to violate this part.

19
Money recovered under this subsection shall be forwarded to the

20
state treasurer for deposit into the pesticide control fund cre-

21
ated in section 8318.

22
(11) (8) In defense of an action filed under this section,

23
in addition to any other lawful defense, a person may present

24
evidence as an affirmative defense that, at the time of the

25
alleged violation of this part or attempted violation of this

26
part, he or she was in compliance with label directions and with

04674'01 32

1
this part and rules promulgated under this part at the time of

2
the alleged violation.

3
(12) (9) A civil cause of action does not arise for inju-

4
ries to any person or property if a private agricultural applica-

5
tor, or a registered applicator who stores, handles, or applies

6
pesticides only for a private agricultural purpose, was not

7
grossly negligent and stored, handled, or applied pesticides in

8
compliance with this part, rules promulgated under this part, and

9
the pesticide labeling.

10
(13) (10) Applicable provisions of the revised judicature

11
act of 1961, 1961 PA 236, MCL 600.101 to 600.9948, apply to civil

12
actions filed pursuant to this part.

04674'01 Final page. TMV