July 18, 2007, Introduced by Rep. Sheltrown and referred to the Committee on Agriculture.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 8501 (MCL 324.8501), as amended by 2006 PA 503.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8501. As used in this part:
(a)
"Adulterated product" means a product which that contains
any deleterious or harmful substance in sufficient amount to render
it injurious to beneficial plant life, animals, humans, aquatic
life, soil or water when applied in accordance with directions for
use on the label, or if adequate warning statements or directions
for
use which that may be necessary to protect plant life, animals,
humans, aquatic life, soil or water are not shown on the label.
(b) "Agricultural use" means that term as defined in section
36101.
(c) (b)
"Aquifer" means a
geologic formation, group of
formations, or part of a formation capable of yielding a
significant amount of groundwater to wells or springs.
(d) (c)
"Aquifer sensitivity"
means a hydrogeologic function
representing the inherent abilities of materials surrounding the
aquifer to attenuate the movement of nitrogen fertilizers into that
aquifer.
(e) (d)
"Aquifer sensitivity
region" means an area in which
aquifer sensitivity estimations are sufficiently uniform to warrant
their classification as a unit.
(f) (e)
"Brand or product name"
means a term, design, or
trademark used in connection with 1 or more grades of fertilizer.
(g) (f)
"Bulk fertilizer" means
fertilizer distributed in a
nonpackaged form.
(h) (g)
"Custom blend" means a
fertilizer blended according to
specifications provided to a blender in a soil test nutrient
recommendation or blended as specifically requested by the consumer
prior to blending.
(i) (h)
"Department" means the
department of agriculture.
(j) (i)
"Director" means the
director of the department of
agriculture
or his or her designee.
(k) (j)
"Distribute" means to
import, consign, sell, barter,
offer for sale, solicit orders for sale, or otherwise supply
fertilizer for sale or use in this state.
(l) (k)
"Distributor" means any
person who distributes
fertilizer for sale or use in this state.
(m) (l) "Fertilizer"
means a substance containing 1 or more
recognized plant nutrients, which substance is used for its plant
nutrient content and which is designed for use, or claimed to have
value, in promoting plant growth. Fertilizer does not include
unmanipulated animal and vegetable manures, marl, lime, limestone,
wood ashes, and other materials exempted by rules promulgated under
this part.
(n) (m)
"Fertilizer material"
means a fertilizer that is any
of the following:
(i) Contains not more than 1 of the following as primary
nutrients:
(A) Total nitrogen (N).
(B) Available phosphate (P2O5).
(C) Soluble potash (K2O).
(ii) Has 85% or more of its plant nutrient content present in
the form of a single chemical compound.
(iii) Is derived from a plant or animal residue or by-product or
natural
material deposit which that
has been processed in such a
way that its content of plant nutrients has not been materially
changed except by purification and concentration.
(o) (n)
"Fund" means the
fertilizer control fund created under
section 8514.
(p) (o)
"Grade" means the
percentage guarantee of total
nitrogen (N), available phosphate (P2O5), and soluble potash (K2O),
of a fertilizer and shall be stated in the same order given in this
subdivision. Indication of grade does not apply to peat or peat
moss or soil conditioners.
(q) (p)
"Groundwater" means
underground water within the zone
of saturation.
(r) (q)
"Groundwater stewardship
practices" means any of a set
of voluntary practices adopted by the commission of agriculture
pursuant to part 87, designed to protect groundwater from
contamination by fertilizers.
(s) (r)
"Guaranteed analysis"
means the minimum percentage of
each plant nutrient guaranteed or claimed to be present.
(t) (s)
"Label" means any
written, printed, or graphic matter
on or attached to packaged fertilizer or used to identify
fertilizer distributed in bulk or held in bulk storage.
(u) (t)
"Labeling" means all
labels and other written,
printed, electronic, or graphic matter upon or accompanying any
fertilizer at any time, and includes advertising, sales literature,
brochures, posters, and internet, television, and radio
announcements used in promoting the sale of that fertilizer.
(v) (u)
"Licensee" means the
person who receives a license to
manufacture or distribute fertilizers under this part.
(w) (v)
"Lot"
means an identifiable quantity of fertilizer
that can be sampled officially according to methods adopted under
section 8510, that amount contained in a single vehicle, or that
amount delivered under a single invoice.
(x) (w)
"Manufacture" means to
process, granulate, compound,
produce, mix, blend, or alter the composition of fertilizer or
fertilizer materials.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5035(request no.
03418'07) of the 94th Legislature is enacted into law.