NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.8504 License to manufacture or distribute fertilizer; fee; application; beneficial use by-product intended for beneficial use 3; notice of additional distribution points; exceptions; expiration; operation of business located outside of state.
(1) A person shall not manufacture or distribute fertilizer in this state, except specialty fertilizer and soil conditioners, until the appropriate water quality protection fee provided in section 8715 has been submitted, and except as authorized by a license to manufacture or distribute issued by the department pursuant to part 13. An application for a license shall be accompanied by a fee of $100.00 for each of the following:
(a) Each fixed location at which fertilizer is manufactured in this state.
(b) Each mobile unit used to manufacture fertilizer in this state.
(c) Each location out of this state that applies labeling showing an out-of-state origin of fertilizer distributed in this state to nonlicensees.
(2) An application for a license to manufacture or distribute fertilizer shall include all of the following:
(a) The name and address of the applicant.
(b) The name and address of each bulk distribution point in this state not licensed for fertilizer manufacture or distribution. The name and address shown on the license shall be shown on all labels, pertinent invoices, and bulk storage for fertilizers distributed by the licensee in this state.
(3) If the fertilizer is a beneficial use by-product intended for beneficial use 3 under part 115, the application shall also include the information identified in section 11551(7).
(4) The licensee shall inform the director in writing of additional distribution points established during the period of the license.
(5) A distributor is not required to obtain a license if the distributor is selling fertilizer of a distributor or a manufacturer licensed under this part.
(6) All licenses to manufacture or distribute fertilizer expire on December 31 of each year.
(7) A person licensed under this section that operates from a business location outside this state shall do either of the following:
(a) Continuously maintain in this state a registered office and a resident agent, which agent may be an individual resident in this state whose business office or residence is identical with the registered office, a domestic corporation or limited liability company, or a foreign corporation or limited liability company authorized to transact business in this state and having a business office identical with the registered office. The person licensed under this section shall file with the department the name, address, and telephone number of the resident agent and shall maintain and make available records required by this part and part 87.
(b) Maintain and make available to the department records required by this part and part 87 and pay all costs incurred in auditing the records if they are held at an out-of-state location.
History: Add. 1995, Act 60, Imd. Eff. May 24, 1995
Am. 2004, Act 325, Imd. Eff. Sept. 10, 2004
Am. 2014, Act 178, Eff. Sept. 16, 2014
Am. 2015, Act 118, Eff. Oct. 1, 2015
Popular Name: Act 451
Popular Name: NREPA
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