SENATE BILL NO. 982

June 24, 2020, Introduced by Senator LASATA and referred to the Committee on Agriculture.

"Natural resources and environmental protection act,"

by amending sections 8306 and 8314 (MCL 324.8306 and 324.8314), section 8306 as amended by 2004 PA 24 and section 8314 as amended by 2002 PA 418.

the people of the state of michigan enact:

Sec. 8306. (1) "Ready-to-use pesticide" means a pesticide that, consistent with label directions, is applied directly from its original container, such as an aerosol insecticide or rodenticide bait pack that does not require mixing or loading prior to application.

(2) (1) "Registered applicator" means an individual who is authorized to apply general use pesticides for a private or commercial purpose as provided in this part and in the rules promulgated under this part.

(2) "Ready-to-use pesticide" means a pesticide that is applied directly from its original container consistent with label directions, such as an aerosol insecticide or rodenticide bait pack that does not require mixing or loading prior to application.

(3) "Registrant" means a person who is required to register a pesticide pursuant to this part.

(4) "Restricted use pesticide" means a pesticide classified for restricted use by the EPA or the director.

(5) "Restricted use pesticide dealer" means a person engaged in distributing, selling, or offering for sale restricted use pesticides to the ultimate user.

(6) "Rodenticide" means a pesticide intended for preventing, destroying, repelling, or mitigating rodents.

(7) "School" means a public and or private schools, school, grades kindergarten through the twelfth grade, but does not include a home school.

(8) "Supervise" means directing to direct the application of a pesticide with or without being physically present during the application.

(9) "Trained serviceperson" means an individual who qualifies as a registered applicator under section 8314(7).

(10) (9) "Unreasonable adverse effect on the environment" means any unreasonable risk to human beings or the environment, taking into account the economic, social, and environmental costs and benefits of the use of a pesticide.

(11) (10) "Use of a pesticide" means the loading, mixing, applying, storing, transporting, and disposing of a pesticide.

(12) (11) "Vendor" means a person who sells or distributes pesticides.

(13) (12) "Violates this part" or "violation "Violation of this part" means a violation of this part, a rule promulgated under this part, or an order issued under this part. "Violates this part" has a corresponding meaning.

(14) (13) "Weed" means a plant which grows growing where it is not wanted.

Sec. 8314. (1) A person An individual shall not apply a pesticide for a commercial purpose or in the course of his or her employment unless that person individual is either a certified applicator or a registered applicator. A person An individual may apply a general use pesticide for a private agricultural purpose without being a certified applicator or registered applicator.

(2) A person An individual who is not subject to the licensing requirement in section 8313 may apply a general use ready-to-use pesticide without being a certified applicator or a registered applicator.

(3) A commercial certified or registered applicator must be at least 18 years of age.

(4) A person An individual who is not subject to the licensing requirements in section 8313 may apply a general use antimicrobial pesticide without being a certified or registered applicator if there is no potential for movement of an antimicrobial pesticide to that will affect surface water or groundwater.

(5) A commercial applicator shall only make pesticide applications only in the category for which he or she is certified or registered.

(6) A To become a registered applicator, shall an individual must do all of the following:

(a) Complete a training program that is approved by the director and conducted by a trainer who has the minimum qualifications established by rule. The training program for applicators who apply pesticides for private agricultural purposes may utilize other methods of training and testing as provided in section 8311(1).8311(3).

(b) Pass Except as provided in subsection (7), pass a test that is approved by the director.

(7) A registered applicator is exempt from the test required under subsection (6)(b) if all of the following apply:

(a) The registered applicator has completed 4 weeks of training described in subsection (6)(a).

(b) The registered applicator applies pesticides only under the direct supervision of a certified applicator.

(8) (7) A trainer shall issue a temporary registration to an applicant who completes an approved training program and, except for a trained serviceperson, passes a test administered by the director. A temporary registration is valid from the time it is issued until the applicant receives a registration certificate from the director. The department shall provide the applicant with the registration certificate upon payment of when the fee provided for in section 8317 is paid and when the approved trainer completes and submits to the department a program completion form. The registration certificate for a trained serviceperson shall state that the individual is a trained serviceperson.

(9) A trained serviceperson shall not hold himself or herself out to the public as being in the business of applying pesticides and is not eligible for a commercial applicator license under section 8313. An individual is not eligible to be employed as a trained serviceperson by a person other than the person who provided his or her training. To continue as a trained serviceperson after expiration of a registration certificate under section 8314, an individual must requalify as a trained serviceperson under subsections (6) and (7).

(10) (8) A registered applicator who applies general use pesticides is not a trained serviceperson and who is not subject to commercial pesticide applicator licensing requirements is exempt from the provisions requiring supervision by a certified applicator.

(11) (9) A person An individual shall display his or her registration certificate upon the request of the director.

(12) (10) A registered applicator shall must complete a training program every 3 years to be eligible to renew his or her registration.

(13) (11) The director may at any time deny, revoke, or suspend a certification or registration for a violation of this part or upon conviction under this part, FIFRA, or a state pesticide law of a reciprocating state in accordance with section 8320.

(14) (12) The director shall develop and provide the documents and forms necessary to implement this section.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.