PESTICIDE DEALERS S.B. 682:
SUMMARY AS
ENACTED
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Senate Bill 682 (as enacted)
PUBLIC ACT 18 of 2008 Sponsor: Senator Michelle A.
McManus
Senate Committee: Agriculture
House Committee:
Agriculture
Date Completed: 4-22-09
CONTENT
The bill amended Part 13 (Permits), Part 83 (Pesticide Control),
and Part 87 (Groundwater and Freshwater Protection) of the Natural Resources and
Environmental Protection Act (NREPA) to do the following:
-- Establish an
agricultural pesticide dealer license, with an annual license application fee of
$100.
-- Permit the Director of the Michigan Department of Agriculture (MDA)
to deny, revoke, or suspend an agricultural pesticide dealer license or a
restricted use pesticide dealer license for any violation of Part 83 or an order
issued under that part, or for a conviction under Part 83, a Federal pesticide
law, or a pesticide law of a reciprocating state.
-- Require an agricultural
pesticide dealer or restricted use pesticide dealer operating from outside the
State to maintain a registered office and a resident agent located in
Michigan.
-- Require an agricultural pesticide dealer or a restricted use
pesticide dealer distributing pesticide into the State to report to the
agricultural pesticide registrant certain information regarding the
distribution.
-- Delay from December 31, 2010, to December 31, 2013, the
sunset on groundwater protection fees paid by pesticide and fertilizer
registrants and licensees.
The bill took effect on February 29, 2008,
and is described in detail below.
Restricted Use Pesticide
Dealer
Part 83 prohibits a person from distributing, selling, or
offering for sale restricted use pesticides to the ultimate user except as
authorized under an annual license for each place of business issued under Part
13, which provides for the issuance of certain permits and operating licenses
that are required under NREPA. Part 13 previously included a restricted use
pesticide dealer business location license. The bill instead refers to a
restricted use pesticide dealer license.
Under the bill, a person
licensed as a restricted use pesticide dealer who operates from a business
location outside the State must maintain in the State both a registered office
and a resident agent. The agent may be an individual resident in the State whose
business office or residence is identical to the registered office, a domestic
corporation or limited liability company (LLC), or a foreign corporation or LLC
authorized to transact business in the State and having a business office
identical to the registered office. The person licensed as a restricted use
pesticide dealer must file with the MDA the name, address, and telephone number
of the resident agent.
Part 83 permits the MDA Director to deny,
suspend, or revoke a restricted use pesticide dealer license for a violation of
the part committed by the dealer or the dealer's officer, agent, or employee.
Under the bill,
the Director also may take those actions for any violation
of an order issued under Part 83 or upon conviction under the part, the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), or a state pesticide law of
a reciprocating state committed by a dealer or a dealer's officer, agent, or
employee.
The bill requires the MDA Director to inform an applicant
who is denied a restricted use pesticide dealer license of the reasons that the
license was denied.
Under the bill, a restricted use pesticide dealer
who distributes agricultural pesticides into the State must report to the
agricultural pesticide registrant all of the following information concerning
that distribution:
-- The product name.
-- The Environmental
Protection Agency (EPA) registration number.
-- The amount and wholesale
value of pesticide sold or distributed.
-- The date of sale or
distribution.
-- The sales or distribution invoice number.
-- The name and
address of the consignee.
The bill defines "agricultural pesticide"
as a pesticide bearing labeling that meets Federal worker protection
agricultural use requirements established in 40 CFR Parts 156 and 170.
(Part 156 of Title 40 of the Code of Federal Regulations deals with
labeling requirements for pesticides and devices, and requires every pesticide
product to bear a label containing specific information about the product,
including its name and registration number, an ingredient statement, hazard and
precautionary statements, and the name and address of the producer, registrant,
or person for whom the product was produced. Part 170 establishes worker
protection standards, and requires an employer to ensure that a pesticide
handler either has read the product labeling or has been informed of all
labeling requirements before the handler handles a pesticide. The employer also
must ensure that the handler has access to the product labeling information
during handling activities.)
Agricultural Pesticide
Dealer
The bill defines "agricultural pesticide dealer" as a
person engaged in distributing, selling, or offering for sale an agricultural
pesticide to the ultimate user.
The bill prohibits a person who is
not licensed as a restricted use pesticide dealer from distributing, selling, or
offering for sale agricultural pesticides except as authorized under an annual
license for each place of business, issued by the MDA under Part 13.
The applicant for an agricultural pesticide dealer license must be
the individual in charge of each business location. The application must be on a
form provided by the MDA Director and must contain information regarding the
applicant's proposed operations and other information considered pertinent by
the Director.
A person licensed as an agricultural pesticide dealer who
operates from a business location outside the State must maintain in the State
both a registered office and a resident agent. The agent may be either an
individual resident in the State whose business office or residence is identical
to the registered office, a domestic corporation or LLC, or a foreign
corporation or LLC authorized to transact business in the State and having a
business office identical to the registered office. The person licensed as an
agricultural pesticide dealer must file with the MDA the name, address, and
telephone number of the resident agent.
An agricultural pesticide dealer
who distributes agricultural pesticides from outside the State into the State
must report to the agricultural pesticide registrant all of the following
information concerning the distribution:
-- The product name.
-- The
EPA registration number.
-- The amount and wholesale value of pesticide sold
or distributed.
-- The date of sale or distribution.
-- The sales or
distribution invoice number.
-- The name and address of the
consignee.
The MDA Director may deny, suspend, or revoke an
agricultural pesticide dealer license if the dealer or the dealer's officer,
agent, or employee commits any violation of Part 83 or an order issued under
that part, or upon conviction under Part 83, FIFRA, or a state pesticide law of
a reciprocating state.
The Director must inform an applicant who is
denied an agricultural pesticide dealer license of the reasons for the
denial.
The license application fee for an agricultural pesticide
dealer license is $100. The license expires annually on December
31.
Rules
Under Part 83, the MDA Director is
required to promulgate rules for implementing the part, including rules for the
designation of restricted use pesticides for the State or for specified areas
within the State. The Director may include in the rules the time and conditions
of sale, distribution, and use of restricted use pesticides. Under the bill,
these provisions apply to agricultural pesticides, as well.
The
Director also is required to promulgate rules for the certification and
licensing of applicators and the licensing of restricted use pesticide dealers.
Under the bill, those rules also must include the licensing of agricultural
pesticide dealers.
Definition
The bill revised the
definition of "distribute" under Part 83. The term means to offer for sale, hold
for sale, sell, barter, ship, or deliver pesticides in the State, or, under the
bill, "inventory or receive for others for a period greater than 21
days".
Sunset
The bill postponed the sunset on
Section 8715 of NREPA from December 31, 2010, to December 31, 2013.
(That section requires a registrant under Part 83 to pay an annual
groundwater protection fee for each product to be registered. The fee for
specialty pesticides is $100 per product. The fee for all other pesticides is
0.75% of the wholesale value of the previous registration year's product sales
for use in the State, with a minimum of $150.
Also, under this
section, a person required to pay a specialty fertilizer or soil conditioner
registration fee under Part 85 (Fertilizers) must pay a $100 groundwater
protection fee for each brand and product name of each brand registered. All
other licensed fertilizer manufacturers or distributors must pay a groundwater
protection fee of one and one-half cents per percent of nitrogen in the
fertilizer for each ton sold.)
MCL 324.1301 et
al.
Legislative Analyst: Curtis Walker
FISCAL IMPACT
The fiscal impact of the bill cannot be determined at this time. The
number of agricultural pesticide dealers who will be affected is
unknown.
Fiscal Analyst: Debra Hollon
Analysis was prepared by nonpartisan Senate staff for use by
the Senate in its deliberations and does not constitute an official statement of
legislative intent. sb682/0910