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Michigan Legislature
Michigan Compiled Laws Complete Through PA 188 of 2022
House: Adjourned until Tuesday, October 11, 2022 1:30:00 PM
Senate: Adjourned until Tuesday, October 11, 2022 10:00:00 AM

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Act 189 of 1931
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Act 189 of 1931

AN ACT to regulate the sale and distribution of nursery stock, plants, and plant products; to prevent the introduction into and the dissemination within this state of insect pests and plant diseases; to provide for the destruction and control of insect pests and plant diseases; to provide for the destruction or treatment of certain plants or plant products; to provide for the licensure and inspection of certain persons and activities under certain circumstances; to impose certain powers and duties on the director of agriculture; to create certain restricted funds for certain department activities and to allow allocation of those funds throughout the department; to provide for the promulgation of rules; to prescribe penalties and civil sanctions; and to provide remedies.

History: 1931, Act 189, Eff. Sept. 18, 1931 ;-- Am. 1955, Act 255, Eff. Oct. 14, 1955 ;-- Am. 1961, Act 239, Eff. Sept. 8, 1961 ;-- Am. 1978, Act 123, Imd. Eff. Apr. 25, 1978 ;-- Am. 1984, Act 88, Imd. Eff. Apr. 19, 1984 ;-- Am. 2005, Act 53, Imd. Eff. June 27, 2005 ;-- Am. 2007, Act 84, Imd. Eff. Sept. 30, 2007

The People of the State of Michigan enact:

Section 286.201SectionInsect pest and plant disease act; short title.
Section 286.202SectionDefinitions.
Section 286.203SectionInspection of nursery and other premises; right of access.
Section 286.204SectionInspection of stock before sale; application; assumed name.
Section 286.205SectionNursery stock from foreign country; inspection.
Section 286.206SectionInspections of nurseries; fee; certificate of inspection; validity; prohibitions; basis for charging inspection fee; review and adjustment of fees schedule.
Section 286.207SectionWithholding certificate; precautions; fraud, investigation, revocation of license.
Section 286.208SectionSale of dead or weakened nursery stock; penalty.
Section 286.209SectionLicense required for sale of nursery stock; exception; application; fees; agriculture licensing and inspection fees fund; horticulture fund; creation and administration; horticulture advisory committee; section inapplicable to certain persons; issuance of initial or renewal license; failure to issue or deny license within time period; "completed application" defined.
Section 286.210SectionLicenses to sell nursery stock; buyers and dealers; certificate to deal in inspected stock, number of licenses.
Section 286.211SectionNonresident nurseryman, dealer, or grower; license required; fee; waiver; reciprocal agreements; violation as grounds for denial of right to ship nursery stock.
Section 286.212SectionRepealed. 2016, Act 254, Eff. Sept. 26, 2016.
Section 286.213SectionRevocation, suspension or withholding of license or certificate; hearing; appeal.
Section 286.214SectionRevocation, suspension or withholding of license or certificate; hearing, order of revocation; penalty for wrongful use of license on certificate, withholding.
Section 286.215SectionTags on stock; inspection of imported stock on request; expense.
Section 286.216SectionTags on stock; certificate of inspection; unlawful transportation; report to commissioner.
Section 286.216aSectionDefinitions; sale, distribution, or use of purple loosestrife.
Section 286.217SectionSale of nursery stock; inspection; transportation of nursery stock, wild trees, herbaceous perennials, and shrubs; uninspected stock; shipping documents.
Section 286.217aSectionAccess to markets for nursery stock; certificate of free sale; application; fees; "certificate of free sale" defined.
Section 286.218SectionNuisances; public places kept free from injurious insect pests and plant diseases; insects, fungi, bacteria, nematodes, viruses or living plant parasitic organisms; permits.
Section 286.219SectionBarberry, mahonia or mahoberberis bushes subject to black stem rust of small grains; destruction; rules.
Section 286.219aSectionChokecherry harmful to peach or cherry trees prohibited; destruction; rules.
Section 286.220SectionInsect pests and plant diseases; eradication of nuisances; notice; abatement; inspection; payment of expenses.
Section 286.221SectionInspection of public grounds; application, payment of expense.
Section 286.222SectionInspection of plants and plant products before interstate shipment; request; expenses; certificate.
Section 286.223SectionQuarantine; enforcement, hearing, notice.
Section 286.223aSectionRules.
Section 286.223bSectionRescission of R 285.607, R 285.611, R 285.613, and R 285.618.
Section 286.224SectionViolation of act; penalty, quarantine, misdemeanor.
Section 286.225SectionReview of rule or order; appeal to circuit court.
Section 286.226SectionViolation of act; penalty.
Section 286.228SectionViolation of certain laws, rules, or orders; civil infraction; fines; limitation; misdemeanor; felony; liability; "person" defined; applicability.
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