HOUSE BILL No. 5959


     April 25, 2002, Introduced by Rep. Callahan and referred to the Committee on Conservation and Outdoor Recreation.


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   by amending section 8322 (MCL 324.8322).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 8322.  (1) The director may do all of the following:

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             (a) Declare as a pest any form of plant or animal life,

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        except viruses, nematodes, bacteria, or other microorganisms on

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        or in living human beings or other animals, that is injurious to

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        health or the environment.

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             (b) Determine the toxicity of pesticides to human beings.

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        The director shall use AS A GUIDE IN THIS DETERMINATION the data

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        in support of THE registration  and  OF THE PESTICIDE AND ITS

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        classification as a  guide in this determination  GENERAL OR

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        RESTRICTED USE PESTICIDE.




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             (c) Determine pesticides, and quantities of substances

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        contained in pesticides, that are injurious to the environment.

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        The director shall use the EPA regulations as a guide in this

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        determination.

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             (d) Enter into cooperative agreements with agencies of the

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        federal government or any other agency of this state, or an

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        agency of another state, for the purpose of implementing this

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        part and securing uniformity of rules.

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             (e) Enter upon any public or private premises or other

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        place, including vehicles of transport, where pesticides or

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        devices are being used or held for distribution or sale, for the

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        purposes of inspecting and obtaining samples of pesticides or

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        devices or to inspect equipment or methods of application.

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             (f) Allow only certified applicators to apply a pesticide

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        that is classified as a restricted use pesticide pursuant to

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        subsection (2).

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             (2) In addition to any other authority provided by this

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        part, the director, by administrative order, may classify a pes-

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        ticide as a restricted use pesticide in accordance with any 1 of

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        the restrictive criteria in 40 C.F.R. 152.170.  (May 4, 1988).

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        THE DIRECTOR, BY ADMINISTRATIVE ORDER, SHALL CLASSIFY A PESTICIDE

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        AS A RESTRICTED USE PESTICIDE IF THAT PESTICIDE IS USED FOR

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        AQUATIC NUISANCE CONTROL AS REGULATED UNDER SECTIONS 12561 TO

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        12563 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.12561 TO

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        333.12563.

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             (3) Prior to classifying a pesticide as a restricted use

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        pesticide under subsection (2), the director shall issue a



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        preliminary administrative order and provide for a 30-day period

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        for public comment and review pertaining to the preliminary

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        order.  Prior to issuing the final administrative order, the

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        director shall review and consider any public comments received

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        during the 30-day period.  An administrative order classifying a

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        pesticide as a restricted use pesticide shall cite each of the

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        provisions of subsection (2) that justify that classification.

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             (4) The department shall develop a program on pesticide con-

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        tainer recycling and disposal to be approved by the commission of

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        agriculture.  The program shall be limited to licensed pesticide

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        dealers and other persons seeking approval from the department

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        for participation in the program.

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             Enacting section 1.  This amendatory act does not take

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        effect unless Senate Bill No. _____ or House Bill No. 5960

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        (request no. 06838'02 a) of the 91st Legislature is enacted into

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        law.

























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