August 18, 2010, Introduced by Rep. Bledsoe and referred to the Committee on Great Lakes and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 8325 (MCL 324.8325), as amended by 2008 PA 18.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8325. (1) The director shall promulgate rules for
implementing this part, including, but not limited to, rules
providing for the following:
(a) The collection, examination, and reporting the results of
examination of samples of pesticides or devices.
(b) The safe handling, transportation, storage, display,
distribution, and disposal of pesticides and their containers.
(c) The designation of restricted use pesticides and
agricultural pesticides for the state or for specified areas within
the state. The director may include in the rule the time and
conditions of sale, distribution, and use of restricted use
pesticides and agricultural pesticides.
(d) The certification and licensing of applicators and the
licensing of restricted use pesticide dealers and agricultural
pesticide dealers.
(e) The maintenance of records by certified commercial
applicators with respect to applications of restricted use
pesticides.
(f) Good practice in the use of pesticides.
(g) Notification or posting, or both, designed to inform
persons entering certain public or private buildings or other areas
where the application of a pesticide, other than a general use
ready-to-use pesticide, has occurred.
(h) Use of a pesticide in a manner consistent with its
labeling including adequate supervision of noncertified applicators
if appropriate.
(i) Prenotification by the building manager upon request for
affected persons regarding the application of a pesticide at
daycare centers and schools.
(j) Responsibility of a building manager to post signs
provided to him or her by a commercial applicator.
(k) Designation of posted school bus stops as sensitive areas.
(l) The establishing of a schedule of civil fines for violation
of local ordinances as described in section 8328(3).
(2) An individual is not required to provide a certificate
from a physician to be placed on the registry under R 285.637.5 of
the Michigan administrative code if the individual pays the
department a $20.00 annual fee. Within 90 days after the effective
date of the amendatory act that added this subsection, the
department shall provide on its website a means for such an
individual to apply to be placed on the registry.
(3) (2)
By December 27, 1989, the
director shall submit rules
to the joint committee on administrative rules pertaining to all of
the following:
(a) The development of a training program for applicators who
apply pesticides for private agricultural purposes on the use of
appropriate procedures for the application of pesticides; safety
procedures for pesticide application; clothing and protective
equipment for pesticide application; the detection of common
symptoms of pesticide poisoning; the means of obtaining emergency
medical treatment; hazards posed by pesticides to workers, the
public health, and the environment; specific categories of
pesticides; and the requirements of applicable laws, rules, and
labeling.
(b) The development of training programs for integrated pest
management systems in schools, public buildings, and health care
facilities.
(c) The duty of commercial applicators to inform customers of
potential risks and benefits associated with the application of
pesticides.
(4) (3)
By June 27, 1990, the director
shall submit rules to
the joint committee on administrative rules pertaining to the
protection of agriculture employees who hand harvest agricultural
commodities regarding all of the following:
(a) The establishment of field reentry periods after the
application of agricultural pesticides.
(b) The posting and notification of areas where pesticides
have been applied.
(c) The use of protective clothing, safety devices, hand
washing, or other methods of protection from pesticide exposure.
(d) Notification of agricultural workers of poison treatment
facilities.
(5) (4)
If the EPA at any time adopts and
publishes
agricultural worker protection standards, the federal standards
shall
supersede rules promulgated under subsection (3) (4).
(6) (5)
By December 27, 1989, the
director shall submit rules
to the joint committee on administrative rules. These rules shall
include all of the following:
(a) Minimum standards of competency and experience or
expertise for trainers of certified and registered applicators.
(b) The development of a training program for applicators on
the use of appropriate procedures for the application of
pesticides; safety procedures for pesticide application; clothing
and protective equipment for pesticide application; the detection
of common symptoms of pesticide poisoning; the means of obtaining
emergency medical treatment; hazards posed by pesticides to
workers, the public health, and the environment; specific
categories of pesticides; and the requirements of applicable laws,
rules, and labeling.
(c) The number of directly supervised application hours
required before a registered applicator may apply each category of
restricted use pesticide without direct supervision.