September 6, 2007, Introduced by Reps. Gaffney, Hune, Ward and Farrah and referred to the Committee on Agriculture.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 8305 (MCL 324.8305), as amended by 2002 PA 418.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8305. (1) "Nematode" means invertebrate animals of the
phylum nemathelminthes and class nematoda, which are unsegmented
roundworms with elongated, fusiform, or sac-like bodies covered
with cuticle that inhabit soil, water, plants, or plant parts. A
nematode may also be called a nema or eelworm.
(2) "Person" means an individual, partnership, corporation,
association, governmental entity, or other legal entity.
(3) "Pest" means an insect, rodent, nematode, fungus, weed,
and other forms of terrestrial or aquatic plant or animal life or
virus, bacteria, or other microorganism, or any other organism that
the director declares to be a pest under section 8322, except
viruses, fungi, bacteria, nematodes, or other microorganisms in or
on living animals.
(4) "Pesticide" means a substance or mixture of substances
intended for preventing, destroying, repelling, or mitigating pests
or intended for use as a plant regulator, defoliant, or desiccant.
Pesticide does not include liquid chemical sterilant products,
including any sterilant or subordinate disinfectant claims on such
products, for use on a critical or semi-critical device, as defined
in section 201 of the federal food, drug, and cosmetic act, chapter
675,
52 Stat. 1040, 21 U.S.C. USC
321. As used in this subsection:
(a) "Critical device" includes any device that is introduced
directly into the human body, either into or in contact with the
bloodstream or normally sterile areas of the body.
(b) "Semi-critical device" includes any device that contacts
intact mucous membranes but that does not ordinarily penetrate the
blood barrier or otherwise enter normally sterile areas of the
body.
(5) "Pesticide registration renewal" means the registration of
any pesticide that was previously registered by the department.
(6) "Place of business" means a location that is staffed by at
least 1 person who independently, without supervision, sells or
uses pesticides within this state or where a person exercises the
right to control others in the sale or use of pesticides within
this state.
(7) "Plant regulator" means a substance or mixture of
substances intended through physiological action for accelerating
or retarding the rate of growth or rate of maturation or for
otherwise altering the behavior of plants or the produce of plants.
Plant regulator does not include substances to the extent that they
are intended as plant nutrients, trace elements, nutritional
chemicals, plant inoculants, and soil amendments.
(8) "Private agricultural applicator" means a certified
applicator who uses or supervises the use of a restricted use
pesticide for a private agricultural purpose.
(9) "Private agricultural purpose" means the application of a
pesticide for the production of an agricultural commodity on either
of the following:
(a) Property owned or rented by the person applying the
pesticide or by his or her employer.
(b) Property of another person if applied without
compensation. ,
other than The trading of personal services between
producers of agricultural commodities is considered compensation
for purposes of this subdivision.
(10) "Protect health and environment" means protection against
any unreasonable adverse effects on the environment.
(11) "Public building" means a building that is owned or
operated by a federal, state, or local government, including public
universities.