dept-agriculture-and-rural-development•Michigan Administrative Code — Department of Agriculture and Rural Development
Michigan Administrative Code — Department of Agriculture and Rural Development
dept-agriculture-and-rural-developmentMich. Admin. Code (Agriculture and Rural Development)Regulation
Animal Industry Division Animal Industry Division
R 285.112.1 to R 285.112.1 Regulation No. 112. Importation of Dogs
Mich. Admin. Code R 285.112.1 Importation of dogs into Michigan {#sec-r-285.112.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.112.1}
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
ANIMAL INDUSTRY DIVISION
REGULATION NO. 112. IMPORTATION OF DOGS
(By authority of section 45 of Act No. 466 of the Public Acts of 1988, as amended, being section 287.745 of the Michigan Compiled Laws.)
Rule 1. (1) Any dog imported into Michigan shall be accompanied by a certificate of health issued by a veterinarian legally qualified to practice in the state or province of origin of said dog, and a legible copy of such certificate, approved by the chief veterinarian of the state or province of origin, shall immediately be furnished the state veterinarian of Michigan. Such certificate must show that said dog is free from rabies or any communicable disease and has not been recently exposed to such disease. Name the breed, sex, and age, and state definitely the point of origin and destination of said dog and the name and post office address of the consignor and consignee, and, if vaccinated, the date on which the vaccine was administered.
(2) Any such dog for importation which originates within a radius of 50 miles of any point where rabies has been known to exist within a period of 6 months prior to shipment shall have been properly vaccinated with a killed antirabic vaccine within 6 months prior to date of importation. Any dog imported into the state which has originated within a radius of 50 miles of any point where rabies has existed within a period of 6 months prior to importation may, at the discretion of the commissioner of agriculture, be subject to quarantine at destination for a period of not less than 60 days following arrival within the state of Michigan.
(3) This rule shall not apply to any dog passing through this state to points beyond, nor to any dog within the state for temporary stay for exhibition purposes, when such dog is kept properly under control of the owner or custodian.
History
- History: 1979 AC.
R 285.129.1 to R 285.129.1 Regulation No. 129. Dog Kennels
Mich. Admin. Code R 285.129.1 Dog kennels {#sec-r-285.129.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.129.1}
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
ANIMAL INDUSTRY DIVISION
REGULATION NO. 129. DOG KENNELS
(By authority of section 10 of Act. No. 339 of the Public Acts of 1919, as amended, being S287.270 of the Michigan Compiled Laws.)
Rule 1. (1) The following rule is hereby established to be effective on and after April 22, 1946:
(a) Any dog kennel which under Michigan state law is to be covered by a license shall be of such construction as will adequately and comfortably house any dogs kept therein at any season of the year. The buildings, including walls and floors, shall be of such construction as to be readily cleaned, and kennels and yards connected therewith used to confine kennel dogs shall be kept cleaned and free from accumulation of filth, mud, and debris.
(b) All dogs kept or maintained in connection with such kennels shall be furnished with a clean, fresh water supply and adequate and proper food to maintain such animals in a normal condition of health.
(c) The necessary inspections to be made under this rule to determine whether the same has been complied with shall be made by the dog warden, if there be one, otherwise by such person as may be appointed by the board of supervisors or the legislative body of the government unit involved. If no such appointment is made and in effect in any county, city, or village, then such inspection shall be made on behalf of the commissioner of agriculture by the sheriff or chief of police.
(d) In all cases, upon such inspection being satisfactory, a certificate of inspection shall be signed by such inspector on behalf of the commissioner of agriculture as required by the act.
(2) The provisions of this rule shall not be effective in the counties of this state that are operating under the provisions of section 16 of Act No. 79 of the Public Acts of 1933, being S287.276 of the Michigan Compiled Laws, wherein the board of supervisors have appointed a county dog warden with certain powers and duties, unless such counties by a resolution duly adopted by the board of supervisors accept the provisions of Act No. 245 of the Public Acts of 1945, being S287.261 et seq. of the Michigan Compiled Laws.
History
- History: 1979 AC.
R 285.144.1 to R 285.144.1 Regulation No. 144. Claims Against Livestock Auctions
Mich. Admin. Code R 285.144.1 Procedure for determining claims against livestock auctions {#sec-r-285.144.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.144.1}
DEPARTMENT OF AGRICULTURE
ANIMAL INDUSTRY DIVISION
REGULATION NO. 144. CLAIMS AGAINST LIVESTOCK AUCTIONS
(By authority of Act No. 284 of the Public Acts of 1937, as amended, being S287.121 et seq. of the Michigan Compiled Laws)
Rule 1. (1) A notice, setting forth the date, time, and place of a proposed hearing will be:
(a) Mailed to each known claimant.
(b) Published in a newspaper serving the area where the affected livestock auction is located once each week for 2 consecutive weeks.
(c) Posted at 6 prominent places on the premises of the affected livestock auction.
(2) During the course of the hearing, each claimant shall submit to the director of agriculture his claim in writing on a form as approved by the director and such other proof as may be required of him for the purpose of substantiating said claim against the livestock auction.
(3) In lieu of submitting such claim at the hearing, the claimants may submit their proof of claim by mail, provided said proof of claim shall be postmarked at least 3 days prior to the date set for the hearing.
(4) All claims and other proof as submitted will be reviewed by the director of agriculture and he shall rule upon the validity of each claim; provided, however, he may request additional information of the claimant. Thereafter, the director of agriculture will determine the exact amount to be paid to each claimant.
(5) No new or additional claims will be accepted after the close of the hearing.
(6) After determination of the amount due each claimant, said claimant will be notified, and thereafter the director of agriculture will determine the method or methods by which moneys determined to be due will be distributed to each claimant, and will thereupon proceed to make such distribution.
History
- History: 1979 AC.
R 285.146.1 to R 285.146.1 Regulation No. 146. Humane Slaughter Methods
Mich. Admin. Code R 285.146.1 Humane slaughter methods {#sec-r-285.146.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.146.1}
DEPARTMENT OF AGRICULTURE
ANIMAL INDUSTRY DIVISION
REGULATION NO. 146. HUMANE SLAUGHTER METHODS
(By authority conferred on the department of agriculture by Act No. 163 of the Public Acts of 1962, being S287.551 et seq. of the Michigan Compiled Laws)
Rule 1. (1) For the purpose of this rule the following terms shall be construed, respectively, to mean:
(a) "The act." Act No. 163 of the Public Acts of 1962.
(b) "Director." The director of the Michigan department of agriculture.
(c) "Division." Livestock disease control division of the Michigan department of agriculture.
(d) "Inspectors." Inspectors of the division.
(e) "Carbon dioxide." A gaseous form of the chemical formula CO2.
(f) "Carbon dioxide concentration." Ratio of carbon dioxide gas and atmospheric air.
(g) "Exposure time." The period of time an animal is exposed to an anesthesia-producing carbon dioxide concentration.
(h) "Anesthesia." Loss of sensation or feeling.
(i) "Surgical anesthesia." A state of unconsciousness measured in conformity with accepted surgical practices.
(j) "Consciousness." Responsiveness of the brain to the impressions made by the senses.
(k) "Captive bolt." A stunning instrument which when activated drives a bolt out of a barrel for a limited distance.
(2) No person engaged in, or in charge of, slaughter or preparation of animals for slaughter shall obstruct, hinder, or interfere with the director of agriculture or his authorized representatives in performing such inspections as the director of agriculture or his authorized representatives shall deem to be necessary to determine if humane methods of slaughtering and preparation for slaughter are being practiced in any meat processing establishment, slaughterhouse or stock yard. Such inspection may be performed without prior notice to the operator or owner of the establishment.
(3) Designation of methods:
(a) Chemical: Carbon dioxide. The slaughtering of sheep and swine with the use of carbon dioxide gas and the handling in connection therewith, in compliance with the provisions contained in this subrule, are hereby designated and approved as humane methods of slaughtering and handling such animals under the act. The carbon dioxide gas shall be administered in a chamber in accordance with this subrule so as to produce surgical anesthesia in the animals before they are shackled, hoisted, thrown, cast, or cut. The animals shall be exposed to the carbon dioxide gas in a way that will accomplish the anesthesia quickly and calmly, with a minimum of excitement and discomfort to the animals.
(b) Mechanical:
(i) Captive bolt. The slaughtering of sheep, swine, goats, calves, cattle, horses, and mules by using captive bolt stunners and the handling in connection therewith, in compliance with the provisions contained in this subrule, are hereby designated and approved as humane methods of slaughtering and handling of such animals under the act. The captive bolt stunners shall be applied to the livestock in accordance with this section so as to produce immediate unconsciousness in the animals before they are shackled, hoisted, thrown, cast, or cut. The animals shall be stunned in such a manner that they will be rendered unconscious with a minimum of excitement and discomfort. Immediately after the stunning blow is delivered, the animals shall be in a state of complete unconsciousness and remain in this condition throughout shackling, sticking, and bleeding.
(ii) Gunshot. The slaughtering of cattle, calves, sheep, swine, goats, horses, and mules by shooting with firearm is hereby designated and approved as humane method of slaughter.
The firearm shall be employed in the delivery of a bullet or a projectile from a barrel containing rifling into the animal so as to produce immediate unconsciousness in the animal by a single shot before it is shackled, hoisted, thrown, cast, or cut. The caliber and choice of firearm shall be such as to render the animal unconscious with a single shot, but caliber shall not exceed .25 caliber.
(c) Electrical. Stunning with electric current. The slaughtering of swine, sheep, calves, and cattle with the use of electric current and the handling in connection therewith, in compliance with the provisions contained in this subrule, are hereby designated and approved as humane methods of slaughtering and handling of such animals under the act.
(i) The electric current shall be administered so as to produce surgical anesthesia in the animals before they are shackled, hoisted, thrown, cast, or cut. The animals shall be exposed to the electric current in away that will accomplish the anesthesia quickly and calmly, with a minimum of excitement and discomfort to the animals.
(ii) Each animal shall be given a sufficient application of electric current to insure unconsciousness immediately and through the bleeding operation.
History
- History: 1979 AC.
R 285.151.1 to R 285.151.41 Regulation No. 151. Pet Shops, Dog Pounds, and Animal Shelters
Mich. Admin. Code R 285.151.1 Definitions {#sec-r-285.151.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.151.1}
DEPARTMENT OF AGRICULTURE
ANIMAL INDUSTRY DIVISION
REGULATION NO. 151. PET SHOPS, DOG POUNDS, AND ANIMAL
SHELTERS
(By authority conferred on the director of agriculture by section 2 of Act No. 287 of the Public Acts of 1969, being S287.332 of the Michigan Compiled Laws)
PART 1. DEFINITIONS AND SCOPE
Rule 1. In addition to the definitions in Act No. 287 of the Public Acts of 1969, as used in these rules:
(a) "Act" means Act No. 287 of the Public Acts of 1969, being S287.331 et seq. of the Michigan Compiled Laws.
(b) "Ambient temperature" means the temperature surrounding an animal.
(c) "Department" means the department of agriculture.
(d) "Director" means the director of the department or his authorized representative.
(e) "Euthanasia" means the humane destruction of an animal accomplished by a method involving instantaneous unconsciousness and immediate death, or by a method involving anesthesia produced by an agent which causes painless loss of consciousness and death during such loss of consciousness.
(f) "Housing facility" means a room, building, or area used to contain a primary enclosure or enclosures.
(g) "Incompetence" means the demonstrated incapability of a person to understand the requirements of these rules by failure or refusal to conform to such requirements for the care and handling of dogs and cats.
(h) "Licensee" means a person, corporation, or company licensed as a pet shop pursuant to the act.
(i) "Primary enclosure" means a structure used to immediately restrict 1 or more animals to a limited amount of space, such as a room, pen, run, cage, or compartment.
(j) "Registrant" means a dog pound or animal shelter registered pursuant to the act and these rules.
(k) "Sanitize" means to make physically clean and to remove and destroy to a practical minimum agents injurious to health.
(l) "Standards" means the requirements with respect to the humane handling, care, treatment, and transportation of animals by the licensee and registrant.
History
- History: 1979 AC.
Mich. Admin. Code R 285.151.2 Scope {#sec-r-285.151.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.151.2}
Rule 2. The department may confer with the owner or operator of any pet shop, dog pound, or animal shelter which is licensed under the act at any time necessary in the administration of the act or these rules.
PART 2. LICENSING, REGISTRATION, ANIMAL TAGS, AND RECORDS
History
- History: 1979 AC.
Mich. Admin. Code R 285.151.11 Pet shop licenses {#sec-r-285.151.11 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.151.11}
Rule 11. (1) A person operating or desiring to operate a pet shop shall apply for a license on a form furnished upon request by the department. The completed application form shall be filed with the department. The license is not transferable.
(2) A copy of the applicable standards shall be furnished with each application for license and the applicant shall acknowledge receipt of the standards and agree to comply with them by signing a form provided for such purpose. The form shall be filed with the application for license.
(3) An applicant shall demonstrate that his facilities comply with the standards required in these rules. If the applicant's facilities do not comply with the standards, the applicant shall be advised in writing of deficiencies and the corrective measures that shall be taken before facilities will be in compliance with the standards. After January 1, 1971, if the applicant has an existing business and his facilities do not comply with the standards and the applicant has been duly notified as to the corrective measures necessary to comply with the standards, the director may issue a temporary permit to operate such facility for a period of time, to be agreed upon in writing by both parties for the purpose of bringing the facility into compliance. All rules of sanitation shall be complied with as set forth in these rules.
(4) A licensee shall notify the department promptly of any change in name, address, management, or substantial control or ownership of his business or operation.
(5) A person who has been an officer, agent, or employee of the licensee whose license has been suspended or revoked, and who was responsible for, or participated in, the violation upon which the order of suspension or revocation was based, will not be licensed during the period in which the order of suspension or revocation is in effect.
(6) A person whose license has been suspended or revoked shall not again be licensed in his own name or in any other manner during the period in which the order of suspension or revocation is in effect and a partnership, firm, or corporation in which such a person has a substantial financial interest shall not be licensed during such period.
History
- History: 1979 AC.
Mich. Admin. Code R 285.151.12 Dog pound and animal shelter registrations {#sec-r-285.151.12 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.151.12}
Rule 12. (1) A dog pound or animal shelter shall register with the department by completing and filing a properly executed form furnished by the department upon request.
The registration form shall be filed with the department.
(2) A copy of the standards set forth in these rules shall be furnished with each registration form and the registrant shall acknowledge his receipt and agree to comply with them by signing a form provided by the department. The form shall be signed by the chairman of the board of commissioners, city manager, or mayor in the case of a dog pound or by the president of the animal welfare society in the case of an animal shelter.
(3) A registrant shall demonstrate that his facilities comply with the standards required in these rules. If the registrant's facilities do not comply with the standards, the registrant will be advised in writing of deficiencies and the corrective measures that shall be taken before the facilities are in compliance with the standards. After January 1, 1971, if the registrant and his existing facilities do not comply with the standards and the registrant has been duly notified as to the corrective measures necessary to comply with the standards, the director may issue a temporary permit to operate such facility for a period of time, to be agreed upon in writing by both parties for the purpose of bringing the facility into compliance.
All rules of sanitation shall be complied with as set forth in these rules.
History
- History: 1979 AC.
Mich. Admin. Code R 285.151.13 Pet shop, dog pound, and animal shelter records {#sec-r-285.151.13 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.151.13}
Rule 13. (1) For each dog and cat purchased or otherwise acquired, held, transported, sold,orotherwisedisposedof,the management shall keep and maintain the following information in a manner prescribed by the department:
(a) Name and address of the person from whom the animal was acquired and the name and address of the person to whom it was sold or otherwise disposed of.
(b) Date of acquisition.
(c) Description and identification of the animal, including the breed, sex, color, and approximate weight.
(d) Date, nature, and method of disposition; for example, sale, death, euthanasia, or donation.
(2) A pet shop, dog pound, or animal shelter shall maintain such records for 2 years, and they shall be made available to the director or his authorized representative when deemed necessary by the director.
PART 3. FACILITIES AND OPERATIONS
History
- History: 1979 AC.
Mich. Admin. Code R 285.151.21 Facilities {#sec-r-285.151.21 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.151.21}
Rule 21. (1) A housing facility for dogs or cats shall be structurally sound and maintained in good repair to protect the animals from injury, to contain the animals, and to restrict the entrance of other animals.
(2) Adequate potable water shall be available.
History
- History: 1979 AC.
Mich. Admin. Code R 285.151.22 Sanitation {#sec-r-285.151.22 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.151.22}
Rule 22. (1) Supplies of food and bedding shall be stored in facilities which adequately protect them against infestation or contamination by vermin. Refrigeration shall be provided for supplies of perishable food.
(2) Provisions shall be made for the removal and disposal of animal and food wastes, bedding, dead animals, and debris. Disposal facilities shall be so provided and operated as to minimize vermin infestation, odors, and disease hazards.
(3) Washrooms, basins, or sinks shall be provided to maintain cleanliness of the animal caretakers.
(4) The interior building surfaces of an indoor housing facility shall be constructed of a nonabsorbent material that may be readily sanitized.
(5) A suitable method shall be provided to eliminate excess water from an indoor housing facility. Drains shall be properly constructed and kept in good repair to avoid foul odors therefrom. Closed drainage systems shall be equipped with traps and so installed as to prevent any backup on the floor of the room.
History
- History: 1979 AC.
Mich. Admin. Code R 285.151.23 Heating, ventilating, and lighting of indoor facilities {#sec-r-285.151.23 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.151.23}
Rule 23. (1) An indoor housing facility for dogs and cats shall be sufficiently heated to protect the dogs and cats from cold and to provide for their health and comfort. The ambient temperature shall not be allowed to fall below 50 degrees Fahrenheit for dogs and cats.
(2) An indoor housing facility for dogs and cats shall be adequately ventilated to provide for the health and comfort of the animals at all times. The facility shall be provided with fresh air, either by means of windows, doors, vents, or air conditioning, and shall be ventilated so as to minimize drafts, odors, and moisture condensation.
(3) An indoor housing facility for dogs and cats shall have ample light of good quality by natural or artificial means or both. The lighting shall provide uniformly distributed illumination of sufficient intensity to permit routine inspection and cleaning during the entire working period. Primary enclosures shall be so placed as to protect the dogs or cats from excessive illumination.
History
- History: 1979 AC.
Mich. Admin. Code R 285.151.24 Shelter provided by outdoor facilities {#sec-r-285.151.24 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.151.24}
Rule 24. (1) When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow dogs and cats to protect themselves from the direct rays of the sun.
(2) An access to shelter shall be provided for dogs and cats to allow them to remain dry during rain or snow.
(3) Outside shelters shall be located in an area which has suitable drainage.
History
- History: 1979 AC.
Mich. Admin. Code R 285.151.25 Primary enclosures {#sec-r-285.151.25 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.151.25}
Rule 25. (1) A primary enclosure shall be structurally sound and maintained in good repair to protect the dogs and cats from injury, to contain them, to keep predators out and enable dogs and cats to remain dry and clean.
(2) A primary enclosure shall provide sufficient space to allow each dog and cat to turn about freely and to easily stand, sit and lie in a comfortable normal position. Where the primary enclosure is used for more than 1 animal, a resting perch for each cat shall be provided.
(3) A primary enclosure shall be constructed and maintained so that dogs and cats kept therein have convenient access to clean food and water.
(4) The floors of a primary enclosure shall be constructed so as to protect the feet and legs of the dogs and cats from injury.
(5) Adequate litter shall be provided for cats.
(6) The number of dogs or cats in a primary enclosure shall not exceed a number which would prevent proper ventilation and sanitation.
(7) Female animals in estrus shall not be housed in the same primary enclosure as male animals.
History
- History:1979 AC.
Mich. Admin. Code R 285.151.26 Dog houses with chains {#sec-r-285.151.26 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.151.26}
Rule 26. (1) If dog houses with chains are used as primary enclosures for dogs kept out of doors, the chains shall be so placed or attached that they cannot become entangled with the chains of other dogs, or any other objects. A chain shall be of a type commonly used for the size dog involved and shall be attached to the dog by a well-fitted collar. A chain shall be of such length as to allow exercise and convenient access to the dog house.
(2) Outdoor facilities shall be fenced around the perimeter so that animals cannot escape or other animals gain entrance.
PART 4. ANIMAL HEALTH AND HUSBANDRY
History
- History: 1979 AC.
Mich. Admin. Code R 285.151.31 Feeding and water {#sec-r-285.151.31 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.151.31}
Rule 31. (1) Dogs and cats shall be fed at least once each day except as otherwise required.
The food shall be free from contamination and shall be wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirements for condition and size of the animal.
(2) Food receptacles shall be accessible to all dogs and cats and shall be located to minimize contamination by excreta. Feeding pans shall be durable and kept clean.
Disposable food receptacles may be used but shall be discarded after each feeding. Selffeeders may be used for the feeding of dry food and shall be sanitized regularly to prevent molding, deterioration, or caking of food.
(3) If potable water is not accessible to the dogs and cats at all times, potable liquids shall be offered to them at least twice daily for periods of not less than 1 hour except as otherwise required. Watering receptacles shall be kept clean.
History
- History: 1979 AC.
Mich. Admin. Code R 285.151.32 Cleaning of primary enclosures {#sec-r-285.151.32 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.151.32}
Rule 32. Excreta shall be removed from a primary enclosure as often as necessary to prevent contamination of the dogs or cats kept therein and to reduce disease hazards and odors. When a hosing or flushing method is used for cleaning a primary enclosure, any dog contained herein shall be removed during the cleaning process and adequate measures shall be taken to protect the animals in other enclosures from being contaminated with water and other wastes.
History
- History: 1979 AC.
Mich. Admin. Code R 285.151.33 Housekeeping {#sec-r-285.151.33 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.151.33}
Rule 33. (1) A primary enclosure for dogs and cats shall be sanitized often enough to prevent an accumulation of debris or excreta or a disease hazard.
(2) All buildings and grounds included in the premises shall be kept clean and in good repair in order to protect the animals from injury and to facilitate the prescribed husbandry practices set forth in these rules. The premises shall remain free of an accumulation of debris.
(3) An effective program for the control of insects, ectoparasites, and avian and mammalian pests shall be established and maintained.
History
- History: 1979 AC.
Mich. Admin. Code R 285.151.34 Compatible animal groups {#sec-r-285.151.34 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.151.34}
Rule 34. (1) Animals housed in the same primary enclosure shall be maintained in compatible groups.
(2) A dog or cat exhibiting a vicious disposition shall be housed individually in a primary enclosure.
(3) Puppies and kittens shall not be housed in the same primary enclosure with adult dogs and cats other than their dams.
(4) No 2 species of animals shall be housed in the same primary enclosure.
(5) Dogs and cats exhibiting symptoms of communicable disease shall be separated from all other susceptible species of animals in such a manner as to prevent spread of such disease.
History
- History: 1979 AC.
Mich. Admin. Code R 285.151.35 Employees {#sec-r-285.151.35 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.151.35}
Rule 35. A sufficient number of employees shall be used to maintain the prescribed level of husbandry practices set forth in these rules.
History
- History: 1979 AC.
Mich. Admin. Code R 285.151.36 Veterinary services {#sec-r-285.151.36 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.151.36}
Rule 36. (1) The services of a licensed veterinarian shall be available, and his name shall appear on the application for license or registration. The director shall be promptly notified of any change of veterinary service.
(2) The licensee or registrant shall seek the services of this veterinarian whenever a health hazard arises.
History
- History: 1979 AC.
Mich. Admin. Code R 285.151.37 Confiscation and destruction of animals {#sec-r-285.151.37 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.151.37}
Rule 37. If an animal held by a dog pound, animal shelter, or pet shop is found by the director to be suffering as a result of failure to provide proper food and water or inhumane treatment by the management of the dog pound, animal shelter, or pet shop, the director may order the animal confiscated or destroyed in a humane manner, if he determines the circumstances warrant such action.
PART 5. TRANSPORTATION
History
- History: 1979 AC.
Mich. Admin. Code R 285.151.41 Vehicles {#sec-r-285.151.41 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.151.41}
Rule 41. (1) A vehicle used in transporting dogs and cats shall be mechanically sound and equipped to provide fresh air to all animals being transported without injurious drafts or undue exposure to the elements.
(2) The interior of the animal cargo space shall be kept clean.
(3) The vehicle shall not be overcrowded to the extent that it will cause injury to the animals being transported.
(4) Animals transported in the same primary enclosure shall be of the same species and maintained in compatible groups.
(5) Puppies or kittens shall not be transported with adult dogs or cats other than their dams.
(6) A dog or cat exhibiting a vicious disposition shall be transported individually.
(7) A female dog or cat in season or estrus shall not be transported in the same primary enclosure with a male.
History
- History: 1979 AC.
R 285.154.1 to R 285.154.13 Regulation No. 154. Riding Stables and Sales Barns
Mich. Admin. Code R 285.154.1 Definitions {#sec-r-285.154.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.154.1}
DEPARTMENT OF AGRICULTURE
ANIMAL INDUSTRY DIVISION
REGULATION NO. 154. RIDING STABLES AND SALES BARNS
(By authority conferred on the director of agriculture by section 2 of Act No. 93 of the Public Acts of 1974, being S287.112 of the Michigan Compiled Laws)
Rule 1. (1) The terms defined in the act have the same meanings when used in these rules.
(2) "Act" means Act No. 93 of the Public Acts of 1974, being S287.111 et seq. of the Michigan Compiled Laws.
(3) "Director" means the director of the department of agriculture or his authorized representative.
(4) "Facility" means a riding stable or a sales barn, or both.
(5) "Licensee" means a person, firm, or corporation licensed as a riding stable or sales barn.
(6) "Standards" means the requirements as set forth in the act and these rules.
History
- History: 1979 AC.
Mich. Admin. Code R 285.154.2 Scope {#sec-r-285.154.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.154.2}
Rule 2. Except as limited by section 5 of the act, the department may confer with the owner or operator of a riding stable or sales barn at any time to further the administration of the act or these rules.
History
- History: 1979 AC.
Mich. Admin. Code R 285.154.3 Licensing {#sec-r-285.154.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.154.3}
Rule 3. (1) A person, firm, or corporation operating, or desiring to operate, a riding stable or sales barn shall apply for a license on an application form secured from the department.
The completed application shall be filed with the department.
(2) A copy of these rules shall be attached to each application for a license. The applicant shall acknowledge receipt of the rules and agree to comply with them by signing a form provided for that purpose. The signed form shall accompany the application for a license.
(3) Before a license is issued, an applicant shall demonstrate that his facility complies with the standards set forth in these rules. If the applicant's facility does not comply with the standards, the applicant shall be advised in writing of the deficiencies which exist and the corrective measures which shall be completed before a license is issued. When an existing facility does not comply with the standards, the director may issue a temporary permit to operate the facility for a specified period of time. This period of time shall not exceed 90 days for the facility to be brought into compliance with the standards. While operating under a temporary permit, the rules of sanitation and humane treatment of the animals set forth in these rules shall be complied with.
(4) A licensee shall notify the department promptly of changes in name, address, management, or substantial control of ownership of his business or operation.
(5) A person whose license has been suspended or revoked shall not be licensed in any manner during the period in which the order of suspension or revocation is in effect. A partnership, firm, or corporation in which such a person has a substantial financial interest shall not be licensed during that period. A person who has been an officer, agent, or employee of the licensee whose license has been revoked, and who was responsible for, or participated in, the violation upon which the order of suspension or revocation was based, shall not be licensed during the period in which the order of suspension or revocation is in effect.
History
- History: 1979 AC.
Mich. Admin. Code R 285.154.4 Records {#sec-r-285.154.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.154.4}
Rule 4. Records shall be maintained pursuant to section 5 of the act.
History
- History: 1979 AC.
Mich. Admin. Code R 285.154.5 Shelter; box stalls and pens; slip stall or tie areas {#sec-r-285.154.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.154.5}
Rule 5. (1) A facility shall provide a shelter or barn which is large enough to comfortably accommodate all animals during inclement weather. This shelter shall be structurally sound and maintained in good repair to protect an animal from injury. The construction of the shelter shall provide for proper drainage so that the floor can be maintained in a dry condition.
(2) Box stalls and pens shall be of adequate size and height to allow animals to move about in a normal manner and to lie down comfortably.
(3) Slip stalls or tie areas shall provide adequate room for an animal to stand normally and to lie down comfortably.
History
- History: 1979 AC.
Mich. Admin. Code R 285.154.6 Tack {#sec-r-285.154.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.154.6}
Rule 6. (1) Equipment shall be kept in satisfactory repair and condition so that it will not cause undue stress, pain, or injury when used on the animals.
(2) Tack shall be kept clean to prevent the spread of disease or ectoparasites.
(3) The storage area for tack shall be kept clean and be so constructed that it can be maintained properly. Debris shall not be allowed to accumulate in this area.
History
- History: 1979 AC.
Mich. Admin. Code R 285.154.7 Sanitation {#sec-r-285.154.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.154.7}
Rule 7. (1) An effective program for the control of insects, ectoparasites, and vermin shall be established and maintained.
(2) Provision shall be made for the removal and proper disposal of animal wastes and debris. Dead animals shall be immediately removed and properly disposed of.
(3) The floor of the shelter or barn shall be kept dry, clean, and bedded to provide comfort to the animals.
(4) Buildings housing animals shall be properly ventilate to prevent the harmful accumulation of ammonia and condensation of moisture.
(5) Manure piles shall not be allowed to accumulate to the point where they create an insect or vermin problem.
(6) A sales barn shall be completely cleaned of manure and debris between each sales day. An approved method of disinfection shall be conducted between each sales day.
(7) Buildings and grounds included in the premises shall be kept clean and in good repair in order to protect the animals from injury and to facilitate the prescribed husbandry practices set forth in these rules. The premises shall remain free of accumulated debris.
History
- History: 1979 AC.
Mich. Admin. Code R 285.154.8 Animals to be kept in compatible groups {#sec-r-285.154.8 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.154.8}
Rule 8. (1) Animals shall be kept in compatible groups so that undue injury is not inflicted upon animals by other animals. Animals shall not be kept from their share of feed and water by boss or dominant animals.
(2) Stallions shall be confined in enclosures which are structurally sound so that the animal is kept separate from other animals under all conditions except for breeding and riding purposes at which times the stallion shall be under the control of the handler or rider.
History
- History: 1979 AC.
Mich. Admin. Code R 285.154.9 Employees {#sec-r-285.154.9 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.154.9}
Rule 9. A sufficient number of employees shall be used to maintain the prescribed level of husbandry practices set forth in these rules.
History
- History: 1979 AC.
Mich. Admin. Code R 285.154.10 Feed and water {#sec-r-285.154.10 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.154.10}
Rule 10. (1) An animal shall be supplied daily with feed of sufficient quantity and nutritive value to meet the normal maintenance requirements for that animal. When animals are kept in groups, care shall be taken to provide adequate space and accessibility so that each animal receives his share of the feed and is not deprived of that share by boss or dominant animals.
(2) An animal shall be provided with an adequate amount of clean water daily. A watering receptacle shall be so constructed that an animal can drink freely. The receptacle shall be maintained in a sanitary condition.
(3) A feed receptacle shall be easily accessible for an animal. A feed receptacle shall be maintained in a sanitary condition and in good repair to prevent injury to animals. Grain shall be fed only in a feed receptacle.
History
- History: 1979 AC.
Mich. Admin. Code R 285.154.11 Exercise {#sec-r-285.154.11 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.154.11}
Rule 11. An animal shall be provided adequate exercise daily.
History
- History: 1979 AC.
Mich. Admin. Code R 285.154.12 Disease or injury {#sec-r-285.154.12 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.154.12}
Rule 12. (1) Approved practices of disease control shall be followed. An animal, exhibiting symptoms, or known to be a carrier of a communicable disease, shall be separated from susceptible animals in an approved manner so as to prevent the spread of the disease.
(2) An animal that has an injury, disease, or other infirmity shall not be ridden or driven if doing so could cause it undue pain, suffering, or discomfort.
(3) Proper medical attention shall be given to an animal suffering from injury or disease.
(4) An animal suffering from a terminal condition shall be humanely destroyed by accepted methods.
History
- History: 1979 AC.
Mich. Admin. Code R 285.154.13 Veterinary service {#sec-r-285.154.13 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.154.13}
Rule 13. The services of a licensed veterinarian shall be available to the licensee and the name of the veterinarian shall appear on the application for license.
History
- History: 1979 AC.
Food & Agriculture Development Division Food & Agriculture Development Division
R 285.351 to R 285.356 Regulation No. 351 Julian-Stille Value-Added Agricultural Development Fund
Mich. Admin. Code R 285.351 Definitions {#sec-r-285.351 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.351}
DEPARTMENT OF AGRICULTURE
AGRICULTURE DEVELOPMENT DIVISION
REGULATION NO.351 JULIAN STILLE VALUE-ADDED AGRICULTURAL
DEVELOPMENT FUND
(By authority conferred on the department of agriculture by section 2 of 2000 PA 322, MCL 285.302)
PART 1. GENERAL PROVISIONS
Rule 1. (1) As used in these rules:
(a) "Act" means sections 1 and 2 of 2000 PA322, MCL 285.301 and 285.302.
(b) "Applicant" means any 1 of the following entities that does, or applies to do, valueadded agricultural processing or related agricultural production operations, or both, in the state of Michigan:
(i) An individual.
(ii) A farmer-owned cooperative.
(iii) A partnership.
(iv) A limited liability company.
(v) A private or public corporation.
(vi) A local unit of government.
(vii) A producer-funded commodity organization that is legislatively authorized in Michigan.
(c) "Application instructions" means the document issued by the department to applicants that describes information required to participate in the agricultural development fund program in the given state fiscal year.
(d) "Business plan" means the documents that define the business, identify the goals, and serve as the firm's resume. The basic components include a current and pro forma balance sheet, an income statement, and a cash flow analysis.
(e) "Department" means the Michigan department of agriculture.
(f) "Director" means the director of the department or his or her designee.
(g) "Feasibility study" means a written study document that consists of an expert analysis of all of the following elements of the proposed venture:
(i) Economic feasibility.
(ii) Market feasibility.
(iii) Technical feasibility.
(iv) Financial feasibility.
(v) Management feasibility.
(h) "Grantee" means any applicant to whom the director has awarded a grant from the agricultural development fund on the project proposal.
(i) "Job" means a direct employment position with the grantee created or retained as a result of the completion of the project and expressed in terms of a full-time equivalent as defined by the United States department of labor.
(j) "Public notification" means 1 or more press releases sent to appropriate Michigan news media outlets and a public posting on the department's web site.
(k)"Project" means a venture or an activity, which is funded or proposed to be funded from the agriculture development fund.
(l) "Risk management" means the level at which the applicant minimizes exposure to financial risk.
(2) Any financial terms or definitions shall be consistent with generally accepted accounting principles, unless otherwise defined in these rules.
(3) The terms defined in the act have the same meanings when used in these rules.
History
- History: 2002 AACS; 2006 AACS.
Mich. Admin. Code R 285.352 Application, submittal, election criteria, scoring, and decision process {#sec-r-285.352 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.352}
Rule 2. (1) The department may conduct a grant program using monies from the agricultural development fund pursuant to the purposes and provisions of the act and may utilize up to 5% of the fund for administrative support of grant processing and compliance.
The program shall be a competitive grant program and applicants shall make an application for monies from the fund pursuant to the act and these rules.
(2) An application for a grant from the agricultural development fund shall be made on a form or format prescribed by the department for the purpose or purposes described in the act.
(3) Not less than 60 days before the application deadline, as determined by the director, the department shall make a public notification of the grant program, including information on the application form and application instructions that include the grant evaluation criteria. The director may indicate certain priority program initiatives or classes of agricultural commodities and products in the application instructions based upon programmatic or funding changes for each fiscal year.
(4) An application for a grant shall be directed into 1 of the following 5 program categories:
(a) Detailed business plan development that incorporates a specific marketing strategy and specifically outlines the working capital and financial needs, management structure, construction, production, marketing, and distribution needs.
(b) Market research and/or market development project for a product(s) and/or service(s) prepared by an industry consultant.
(c) Innovative technology or technical assistance, including feasibility studies, that will enhance and support the commercialization of value-added products.
(d) Upgrading, enhancements, and acquisitions to buildings, equipment, utility modifications and improvements, transportation installations, telecommunications infrastructure, or other infrastructure improvements.
(e) Facility purchase and/or construction, including property and/or land acquisition and assembly, demolition, and site development.
The department may apportion available grant funds in any manner for the 5 program categories in the application instructions.
(5) The department may update the application instructions each fiscal year. The department may also issue amended or subsequent application instructions after the initial application deadline based upon priority program initiatives, programmatic, or funding changes in a given fiscal year.
(6) The application review process shall proceed as follows:
(a) Upon receipt of an application, the department shall determine if the application is complete or is lacking necessary information. If the application is found to be complete, the department may forward the application, if appropriate, to the joint evaluation committee. If the application is found to be incomplete, the department may reject the application or request additional information (b) The department's determination to approve or reject a completed application shall be based on the selection criteria and scoring system in subrules (8) to (12) of this rule. The director may appoint a joint evaluation committee for its review and scoring of the applications. The joint evaluation committee may divide into subcommittees. The joint evaluation committee or subcommittees shall evaluate and rank all applications based on the selection criteria and scoring system in subrules (8) and (12) of this rule. The joint evaluation committee shall have relevant business, management, or professional expertise.
A joint evaluation committee subcommittee that is evaluating and ranking applications based on the selection criteria and scoring system shall be made up of nonapplicants and parties who do not have a conflict of interest. Each complete application shall receive a score and rank from the joint evaluation committee together with a recommendation to approve the application, reject the application, or request additional information.
(7) The department review and approval process shall be completed within 90 days of the established application deadline.
(8) An application for a grant for business plan development shall be evaluated according to all of the following selection criteria:
(a) Expected benefit to the Michigan agricultural and food industry and the local economic impact. A score of 0 to 20 points will be awarded based on perceived benefit.
(b) Analysis of proposed project in terms of business and market planning. A score of 0 to 20 points will be awarded based on the perceived benefit of a business development plan.
(c) Clear project proposal with specific, measurable outcomes. A score of 0 to 50 points will be awarded based on the clarity of the proposal.
(d) A score of 0 to 10 points will be awarded based on the level of matching funds. Inkind contributions shall not be counted as match.
(9) An application for a grant for market research or market development projects shall be evaluated according to all of the following selection criteria:
(a) Expected benefit to the Michigan agricultural and food industry and the local economic impact. A score of 0 to 20 points will be awarded based on perceived benefit.
(b) Analysis of proposed project in terms of business and market planning. A score of 0 to 20 points will be awarded based on the perceived benefit of market research or market development.
(c) Clear project proposal with specific, measurable outcomes. A score of 0 to 50 points will be awarded based on the clarity of the proposal.
(d) A score of 0 to 10 points will be awarded based on the level of matching funds. Inkind contributions shall not be counted as match.
(10) An application for a grant for technical assistance shall be evaluated according to all of the following selection criteria:
(a) Expected benefit to the Michigan agricultural and food industry and the local economic impact. A score of 0 to 20 points will be awarded based on perceived benefit.
(b) A current business plan including the added benefit of the technical assistance. A score of 0 to 30 points will awarded for the benefit of the technical assistance to the business plan.
(c) Clear project proposal with specific, measurable outcomes. A score of 0 to 40 points will be awarded based on the clarity of the proposal.
(d) A score of 0 to 10 points will be awarded based on the level of matching funds. Inkind contributions shall not be counted as match.
(11) An application for a grant for upgrades and enhancements shall be evaluated according to all of the following selection criteria:
(a) Expected benefit to the Michigan agricultural and food industry and the local economic impact. A score of 0 to 20 points will be awarded based on perceived benefit.
(b) A current business plan including the added benefit of the upgrades and enhancements.
A score of 0 to 30 points will be awarded based on the business plan.
(c) Clear project proposal with specific, measurable outcomes. A score of 0 to 40 points will be awarded based on the clarity of the proposal.
(d) A score of 0 to 10 points will be awarded based on the level of matching funds. Inkind contributions shall not be counted as match.
(12) An application for a grant for facility and/or land assistance shall be evaluated according to all of the following selection criteria:
(a) Expected benefit to the Michigan agricultural and food industry and the local economic impact. A score of 0 to 20 points will be awarded based on perceived benefit.
(b) A current feasibility study and business plan. A score of 0 to 40 points will be awarded based on the feasibility study and business plan.
(c) Clear project proposal with specific, measurable outcomes. A score of 0 to 30 points will be awarded based on the clarity of the proposal.
(d) A score of 0 to 10 points will be awarded based on the level of matching funds. Inkind contributions shall not be counted as match.
(13) The director of the department shall have final approval of grants made under the act and the department shall provide grants for reimbursement of approved expenses incurred by the grantee which may be divided into partial payments.
History
- History: 2002 AACS; 2006 AACS.
Mich. Admin. Code R 285.353 Eligibility and documentation required {#sec-r-285.353 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.353}
Rule 3. (1) An applicant for funding shall complete an application containing all of the following:
(a) A clear description of a proposed project or projects stating how the project is designed to establish, retain, expand, attract, or develop value-added agricultural processing and related agricultural production operations in this state.
(b) Documentation that the applicant or its designated business venture has been established according to state law, is in good standing, and is not in default of any federal, state, or local taxes.
(c) Measurable outcomes of the project. All jobs that are created or retained shall be clearly a direct result of the project. The expected impact of the project on the local economy shall be identified.
(d) Documentation of guaranteed matching funds shall be provided.
(e) A record or portion of a record, material, or other data received, prepared, used, or retained in connection with an application to, or with a project or product assisted by, a grant that relates to financial or proprietary information submitted by the applicant that is considered by the applicant and acknowledged by the review panel as confidential shall not be subject to the disclosure requirements of the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(2) The director shall authorize department staff and members of the joint evaluation committee to sign and abide by confidentiality statements for trade secrets or commercial or financial information voluntarily provided to the department by applicants upon a promise of confidentiality as authorized by the director, and is exempt from disclosure under 1976 PA 442, MCL 15.231 et seq.
PART 2. REPORTING AND COMPLIANCE REQUIREMENTS
History
- History: 2002 AACS; 2006 AACS.
Mich. Admin. Code R 285.354 Contractual agreements {#sec-r-285.354 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.354}
Rule 4. A contractual agreement between the department and the grantee is required for all projects authorized under the act. This agreement will detail the terms and conditions of the approved project between the department and the grantee.
History
- History: 2002 AACS; 2006 AACS.
Mich. Admin. Code R 285.355 Rescinded {#sec-r-285.355 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.355}
History
- History: 2002 AACS; 2006 AACS.
Mich. Admin. Code R 285.356 Rescinded {#sec-r-285.356 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.356}
History
- History: 2002 AACS; 2006 AACS.
Human Food Division Human Food Division
R 285.505.1 to R 285.505.1 Regulation No. 505. Honey
Mich. Admin. Code R 285.505.1 Sale of honey {#sec-r-285.505.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.505.1}
DEPARTMENT OF AGRICULTURE
FOOD AND DAIRY DIVISION
REGULATION NO. 505. HONEY
(By authority of Act No. 91 of the Public Acts of 1915, being S287.181 et seq. of the Michigan Compiled Laws)
Rule 1. (1) No person shall offer or expose for sale, have in possession with intent to sell, or sell, extracted honey in retail packages that does not conform to the standards of the United States department of agriculture for U.S. grade fancy.
(2) In addition, the package must be clearly labeled "white," "amber," or "dark" according to the color of the honey contained therein compared to the standard scale of the Pfund honey grader.
(3) No person shall offer or expose for sale, have in possession with intent to sell, or sell, comb honey that does not conform to the standards of the United States department of agriculture for U.S. grade No. 2, or better, unless each package be clearly marked on the outside "cull." Each package must be marked with the minimum net weight of the honey it contains.
(4) This rule shall not apply to the beekeeper when offering honey produced by himself direct to the consumer.
(5) A certificate of grade will be issued to any person or firm packing honey in the state of Michigan who submits a sample for inspection to the bureau of foods and standards, department of agriculture, Lansing, Michigan. The packer will be authorized to reproduce this certificate on any package containing honey having the same characteristics as the sample, within prescribed limits.
(6) The services of the state inspector will be available to grade bulk packages (cases of comb honey or 60-pound cans of extracted honey). Application for such inspection may be made by any producer, shipper, buyer, or prospective buyer of honey. The applicant shall provide the labor incident to handling the honey for the purpose of taking samples, and will be charged a fee of 1c per case of comb honey and 1 1/2c per 60-pound can of extracted honey inspected.
History
- History: 1979 AC.
Pesticide and Plant Pest Management Division Pesticide and Plant Pest Management Division
R 285.523.1 to R 285.523.12 Regulation No. 523. Dry Edible Beans
Mich. Admin. Code R 285.523.1 Michigan standards for dry edible beans {#sec-r-285.523.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.523.1}
DEPARTMENT OF AGRICULTURE
PESTICIDE AND PLANT PESTICIDE MANAGEMENT DIVISION
REGULATION NO. 523. DRY EDIBLE BEANS
(By authority conferred on the director of the department of agriculture by section 2 of Act No. 91 of the Public Acts of 1915, as amended, being S285.32 of the Michigan Compiled Laws)
Rule 1. (1) Michigan standards for dry edible beans are as follows:
Figure for 285.523.1 (Part 1 of 2)
Figure for 285.523.1 (Part 2 of 2)
Grade Requirements Adzuki Beans Maximum Limits of Total Contrasting Foreign Material Other Average Grades Defects2 Classes Total Stones Classes Color of That Blend Crop Year Percent Percent Percent Percent Percent Michigan No. 1 1.0 0.5 0.2 0.1 1.0 Good Michigan No. 2 2.0 1.0 0.2 0.1 2.0 Fair Michigan No. 3 3.0 2.0 0.3 0.2 5.0 Fair Michigan Generic 5.0 2.0 0.3 0.2 5.0 Fair 1. The beans of the class yelloweye in any establish grade may contain not more than 12% white beans similar to yelloweye in size in shape.
- The beams in the classes cranberry and pinto may contain faintly or indistinctly mottled the moves of the same type in the following percentages:
(a) Now more than 3% Michigan No. 1 grade.
(b) Now more than 4% Michigan No. 2 grade.
(c) Now more than 5% Michigan No. 3 grade.
(d) Now more than 5% Michigan generic grade.
-
All graded beans shall be dry and well screened, shall evidence of being processed and graded, possess a clean natural odor, and be free from objectionable foreign material.
-
The beans in the classes of cranberry, yelloweye, and marrow may contain an additional 2% split, but otherwise sound, beans of the same class in any of the established grades.
SPECIAL GRADES REQUIREMENTS
(2) Michigan split beans shall be beans of any class which have been split or broken and may contain not more than 5% of otherwise damaged beans, 1% of foreign material, and 2% of contrasting classes. The sample shall be reasonably free from chaff, dust, and loose skins or seed coats.
(3) Michigan mixed split beans shall be a mixture of 2 or more classes of split and broken beans and may contain not more than 5% of otherwise damaged beans and 1% of foreign material. The sample shall be reasonably free from chaff, dust, and loose skins or seed coats.
R. 285.523.2 Definitions.
Rule 2. As used in these rules:
(a) "Badly damaged beans" means beans and pieces of beans that are seriously injured or discolored so as to seriously affect the appearance and quality of the sample.
(b) "Certified shipper" means a processor, packer, shipper, or authorized representative approved by the director of the department of agriculture to draw samples and submit selfdrawn samples to the official grading agency for grading.
(c) "Contrasting classes" means beans of other classes that are of a contrasting color, size, or shape to the beans of the class designated.
(d) "Damaged beans" (culls) means beans and pieces of beans that are seriously injured or discolored by any of the following so as to affect the appearance and quality of the samples:
(i) Frost.
(ii) Bin burn.
(iii) Weather.
(iv) Diseases.
(v) Insects.
(vi) Other causes.
(e) "Defects" means splits, damaged beans, contrasting classes, and foreign material.
(f) "Foreign material" means any of the following:
(i) Stones.
(ii) Dirt.
(iii) Weed seeds.
(iv) Cereal grain of 1 kernel per 500 grams maximum.
(v) All matter other than dry edible beans.
(g) "Graded beans" means dry, edible beans that meet the quality and condition requirements of any 1 of the specific processed grades as indicated in R 285.523.1 as determined by a licensed bean inspector at the point of origin or as a submitted sample.
(h) "Labeling" means labels or other written, printed, or graphic matter upon or accompanying dry edible beans.
(i) "Licensed bean inspector" means a person trained and licensed by the Michigan department of agriculture to sample and grade dry edible beans.
(j) "Mixed beans" means any lot of dry edible beans composed of 2 or more classes mixed together. The mixture shall meet the regular grade requirements for the predominating class in the sample in all respects except for the presence of sound split beans of any class, sound sports or faders, and other classes.
(k) "Off-color beans" means beans of any class which, after removal of defects, do not meet the standards for good or fair color, which are distinctly below normal color standards, due to any natural cause, but which are not materially weathered and are otherwise sound. Off-color beans shall be graded and designated according to the grade requirements of the standards applicable to off-color beans that are not off-color; however, the standards shall not apply to choice, prime, and no. 1 grades. The word "off-color" shall be added to, and made a part of, the grade designation following the name of the class.
(l) "Official grading agency" means the Michigan bean shippers association or other agency approved by the director of the department of agriculture to grade dry edible beans and issue official grade documents.
(m) "Other classes that blend" means sound beans of other classes that are similar in color, size, and shape to the beans of the class designated.
(n) "Peewee beans" or "small beans" means all sound navy beans that screen out by using a 9/64-inch screen. The beans shall be known as "Peewee" and the regular grade requirements for dry beans shall apply in the grading of Peewee beans. The inspection certificate shall bear the "Peewee" designation and the labeling on the package shall also include the "Peewee" designation.
(o) "Percentage of moisture" means moisture content as ascertained by the water oven or air oven and the method of use as described in service and regulatory announcement no. 147 of the agricultural marketing service of the United States department of agriculture or moisture content as ascertained by any device and method that gives equivalent results.
Moisture content shall be designated in units of half percent and whole percent. A fraction of a percent that is equal to or greater than 1/2 shall be stated as 1/2 and when less than 1/2 shall be disregarded.
(p) "Percentages," except in the case of moisture, means percentages ascertained by weight.
(q) "Picking stock beans," also known as beans of "no established grade" means dry beans of any class that fail to qualify for any of the processed grades because of condition, excessive total defects, other disqualifying factors, or not having been well-screened or well-processed.
(r) "Point of origin inspection" means an inspection performed by a licensed bean inspector at the point where the product is processed and packaged before being placed into channels of commercial trade.
(s) "Sound beans" means beans which have a natural odor and which are free from must, mold, damage, and other defects.
(t) "Splits" means pieces of beans which are not damaged and which consist of 3/4 or less of the whole bean and includes bean halves that are held together loosely, but does not include beans that have only cracked or checked skins.
(u) "Stones" means any of the following:
(i) Rocks.
(ii) Pebbles.
(iii) Shale.
(iv) Other concreted earthly matter.
(v) Other substances of similar composition and hardness that do not readily disintegrate in water.
(v) "Submitted samples" means a sample of dry edible beans which is drawn by a certified shipper using approved methods and which is submitted to the official grading agency for grading.
(w) "Weevily beans" means beans which are infested with weevils or other inspects injurious to stored beans or which contain beans that have been damaged by weevils or insects.
(x) "Well screened," as applied to the general appearance of beans, means that the beans are as free from small, shriveled, undeveloped, split, and broken beans, large beans, and foreign materials as practicable through the proper use of top and bottom mill screens as is generally recognized by the bean industry. The recognized top and bottom screen sizes to be used in combination on navy beans are as follows:
Minimum Bottom Maximum Top 9/64-inch x by 3/4-inch slotted with no. 20 or 20/64-inch diameter perforation 11/64-inch x by 3/4-inch slotted with no 21 or 21/64-inch diameter perforation 12/64-inch x by 3/4inch slotted with no. 22 or 22/64-inch diameter perforation The recommended minimum bottom and maximum top screen sizes for use in screening colored beans are as follows:
Top Range Bottom Cranberry 26 to 28 12/64-inch by 3/4 inch Yelloweye 24 to 26 12/64-inch by 3/4 inch Kidney 26 to 30 11/64-inch by 3/4 inch
History
- History: 1979 AC; 1987 AACS; 1998-2000 AACS.
- History: 1979 AC; 1987 AACS; 1998-2000 AACS.
Mich. Admin. Code R 285.523.3 Beans placed in consuming trade channels; grading, labeling, packing, and inspection; shipping and transportation; moisture content {#sec-r-285.523.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.523.3}
Rule 3. (1) All dry edible beans sold, shipped, or distributed in Michigan shall be labeled using 1 of the following criteria:
(a) Grade based on a point of origin inspection by a licensed bean inspector.
(b) Grade based on samples submitted by a certified shipper to the official grading agency for analysis. All certificates and labeling for lots graded by submitted sample shall carry the statement: "grade derived from submitted sample."
(c) No inspection. Lots not examined by the official grading agency shall not be labeled with an official Michigan grade.
(2) All dry edible beans which are grown in Michigan, which are placed in consuming trade channels, and which are graded at the point of origin by a licensed bean inspector or are graded by means of submitted samples shall be in compliance with the requirements and specifications of the official Michigan grades for dry beans.
(3) The person, firm, association, or corporation in Michigan responsible for placing graded beans into consuming trade channels or placing graded beans on the market for resale or consumption shall be responsible for the grading, labeling, packing, and voluntary inspection of the beans.
(4) Labeling shall be performed at the point of origin on the lot or shipment as follows:
(a) All containers of 100 pounds or less shall be conspicuously and legibly labeled on the face of the container showing all of the following information:
(i) The net weight of the contents.
(ii) The name of the product, including the word "Michigan" when produced in this state.
(iii) The official state grade of the contents if inspected and approved by a licensed bean inspector.
(iv) The name and address of the person or firm responsible for placing the product on the market.
(b) On 100-pound bags or containers inspected and approved by a licensed bean inspector for shipment to canners, packagers, and processors, and when there is positive assurance that the beans will not be displayed to the consuming public in the original shipping container, the grade labeling may be shown as specified in subdivision (a) of this subrule or the shipper may declare the grade using a placard as described in R 285.523.4(6). All other labeling, as required in subdivision (a) of this subrule shall appear in its entirety. The shipper or packer whose name must appear on the bag or container will be held fully responsible for any diversion of shipments not bearing the grade label on the individual bag or container.
(c) Every lot or shipment that is inspected and approved by a licensed bean inspector shall be issued an official grade certificate.
(5) Beans that are graded by a licensed bean inspector may be shipped in bulk to canners, packagers, and processors, subject to the inspection requirements of these rules.
(6) All conveying vehicles shall be in compliance with all of the following specifications:
(a) The floors, walls, and ceilings shall be thoroughly cleaned and tightly fitted to protect the load from the weather, contamination, and extraneous matter. Conveying vehicles shall also be free from objectionable foreign odors.
(b) There shall be adequate space above the loaded mass to permit thorough sampling, when requested, throughout the length and depth of the load and also to provide for circulating air space between the top of the load and the roof of the vehicle.
(c) If a point of origin inspection is requested utilizing a licensed bean inspector, then the type and construction of any conveyance that might be considered hazardous to the inspector or prevent the performance of his or her duties prescribed for adequate and thorough sampling and inspection shall not be used to transport beans. The shipper shall sign a bulk conveyance report which shows that the provisions of subdivision (a) of this subrule were complied with before loading.
(7) The standard moisture content of beans defined in the grades in these rules shall not be in excess of 18% moisture and shall be within the limits of the tolerance as defined in R 285.523.2(k). High-moisture beans may be graded and designated according to the grade requirements of the standards otherwise applicable. The words "except moisture" shall be added to, and made a part of, the grade designation in every case of high moisture content, following the name of the class, followed by a statement of the percentage of moisture of the beans in terms of whole percent and half percent. The statement shall appear on the inspection certificate to establish and protect the grade.
(8) Official bean inspection certificates declaring an established grade shall not be issued by any authorized inspector until all the containers and conveyances conform to all labeling and condition requirements.
History
- History: 1979 AC; 1987 AACS; 1998-2000 AACS.
Mich. Admin. Code R 285.523.4 Beans placed in any trade channels; grading, labeling, and inspection {#sec-r-285.523.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.523.4}
Rule 4. (1) All dry edible beans, whether for human consumption, precooking, manufacturing, or canning, before being placed into any trade channels, through purchase, sale, or by transportation shall be labeled or placarded. At the option of the processor, packager, or shipper, the dry edible beans may be officially inspected for grade by a licensed bean inspector.
(2) All bags or containers used in packing and shipping beans graded by a licensed bean inspector shall be standard, sound, clean, free from holes, and neatly and legibly printed or stenciled.
(3) All of the following information shall appear on the face of the bag, carton, parcel, or package used in packing and shipping beans or on a tag affixed to a bag, carton, parcel, or package:
(a) The name of the product, including the word "Michigan" when grown in Michigan.
(b) The official state grade of the beans if inspected by a licensed bean inspector.
(c) The net metric weight (grams, kilograms, milliliters, liters) and the net United States customary system weight (ounces, pounds, fluid ounces).
(d) The name and address of the person or firm responsible for placing the product on the market.
(4) The labeling of bags, cartons, parcels, or packages shall be legible, conspicuous, neatly and uniformly applied, and comply with all of the following specifications and requirements:
(a) The word "Michigan" and the word "beans" shall appear on the container as a part of the trademark or identification. For a product inspected by a licensed bean inspector, the words "Michigan" and "beans" shall appear in the declaration of the grade in the following order and form: "Michigan Choice Navy Beans" or "Michigan No. 1 Light Red Kidney Beans."
(b) All container labeling shall meet food and drug administration (FDA) regulations as referenced in 21 C.F.R. § 101 et seq.
(c) When a shipper so desires, all the required labeling may appear on a tag made from cloth or tough paper. The tag shall not be less than 2 1/2 inches by 5 inches in size, shall be furnished by the shipper, and shall be securely attached to the top and outside of the package. The proper grade, the name and address of the packer or distributor, or the net weight may appear alone on the tag if the other required label information appears on the container.
(d) A shipper shall not use containers bearing the names of other shippers without having, in his or her possession, a signed authorization from the other shippers to use the containers.
(e) Containers bearing grade labels that do not conform to the grade of beans being packaged shall be rebranded or stenciled in a neat and legible manner and improper labeling shall be completely obliterated. If rebranding is necessary and the shipper elects to use the tag labeling, then the containers may be turned with the plain side out if, in the judgment of the shipper, the procedure would improve the general appearance of the package.
(5) Each lot or shipment of dry beans which is inspected by a licensed bean inspector and which is being transported and moving into trade channels, as described in subrule (1) of this rule, shall be accompanied by a copy of the official grade certificate or, instead of a copy of the official grade certificate, in the case of warehouse lots inspected by a licensed bean inspector, the driver of the vehicle or the transporting agent shall have, in his or her possession, documentary evidence giving all pertinent information regarding the grading and identification of the lot. For carload shipments inspected by a licensed bean inspector, the transport copy of the grade certificate shall be fastened to the inside of the car.
(6) For all shipments of beans Which are graded by a licensed bean inspector and which are loaded in bulk or packed in 100-pound bags or containers on which the grade label does not appear, the correct grade and other required information shall appear on a placard supplied by the shipper or the applicant. The shipper or the applicant shall post the placard in a conspicuous place on the inside of the conveying vehicle. The placard shall be not less than 6 inches by 12 inches in size. The grade shall appear on the placard on a separate line in letters or figures that are a minimum size of 1/2 inch, shall be of the form and wording used in the standards as provided in subrule (7) of this rule, and shall agree in every detail with the grade as stated on the transport copy of the inspection certificate, which the shipper shall also conspicuously post near the shipper's placard on the inside of the railroad vehicle.
(7) To achieve uniformity and to be consistent, the following form is required for the placard:
Figure for 285.523.4
History
- History: 1979 AC; 1987 AACS; 1998-2000 AACS.
Mich. Admin. Code R 285.523.5 Point of origin inspection on loaded lots {#sec-r-285.523.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.523.5}
Rule 5. (1) Shippers or others requesting point of origin inspection on any lot of beans shall give the inspector ample advance notice of desired inspection service.
(2) All shipments shall be completely loaded before official inspection is made. Beans shall not be loaded to a depth that would hinder or prevent thorough sampling of the load throughout the length and depth of the shipment. Official inspection shall not be made of beans that are sampled in the loading bins.
(3) Shippers shall furnish help to the inspector to provide for thorough sampling or to gain access to all parts of any specific lot on which inspection is desired.
(4) Inspectors shall thoroughly sample not less than 10% of all 100-pound bags in the lot and not less than 10 packages from every 10,000 pounds represented if containers hold less than 100 pounds each. Not less than 5 packages shall be selected for sampling of any sized lot. If small packages become mutilated as a result of sampling, then similar packages containing beans of equivalent quality may be substituted for the ones selected for sampling.
(5) Extreme care shall be exercised by the inspector at all times when sampling so as not to unnecessarily damage the containers.
(6) Samples shall be taken from all parts of the lots at random. The inspector shall be personally responsible for all samples and shall vouch that all samples drawn are truly representative to the best of his or her knowledge and belief.
(7) Sufficiently large samples shall be drawn by the sampler or inspector so that not less than a 1-pound portion may be filed with the inspection laboratory and a portion that is equal to or greater than the 1-pound portion shall be kept on file by the inspector for not less than 90 days.
(8) Bulk sampling methods and procedures shall be uniform for all inspectors and shall be in accordance with the instructions that shall be issued, in writing, to all inspectors from time to time as required.
(9) Grade certificate for an established grade shall not be issued if there is an apparent wide variation of quality, but picking stock regulations shall then govern the inspection and disposition of the load.
(10) An inspector shall at all times be in a position to furnish a sworn affidavit on any sample to substantiate and verify the origin and identity of the sample. An affidavits shall also specify that the sample was personally taken by the inspector strictly in accordance with the instructions provided under subrule (8) of this rule.
(11) Entire composite samples of all bulk loads inspected shall be kept intact in approved sample bags and filed by the inspector for not less than 90 days.
(12) Inspectors shall seal all trucks, cars, and other vehicles with official seals of the department of agriculture. Warehouse lots shall be sealed and identified in accordance with the provision of R 285.523.7.
History
- History: 1979 AC; 1987 AACS; 1998-2000 AACS.
Mich. Admin. Code R 285.523.6 Submitted sample inspection {#sec-r-285.523.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.523.6}
Rule 6. (1) Dry edible beans may be inspected and graded based on a sample of product submitted by certified shippers.
(2) Certified shippers shall utilize the following sampling procedures when drawing samples for submission to the official grading agency for analysis:
(a) All lots or loads to be graded on the basis of a submitted sample shall be sampled by a certified shipper.
(b) A certified shipper shall thoroughly sample not less than 10% of all 100-pound bags in the lot and not less than 10 packages from every 10,000 pounds represented if containers hold less than 100 pounds each. Not less than 5 packages shall be selected for sampling of any sized lot.
(c) Samples shall be taken from all parts of the lots at random. The certified shipper shall be responsible for all samples and shall vouch that all samples drawn are truly representative to the best of his or her knowledge and belief.
(d) Sufficiently large samples shall be drawn by the certified shipper so that not less than a 1,000 gram portion may be filed with the inspection laboratory. The following is the minimum sample sizes for various conveyances:
Conveyance Size/Cwt Sample Size/Grams Containers 420 1,000 Truck/Bulk Bagged 450 1,000 Railcar/Hopper 1,500/2,000 2,000 (3) A shipper shall be certified by the director of the Michigan department of agriculture based on a minimum of 4 hours of basic training and 2 hours of supplemental instruction each year after the year in which basic training is provided. The training and instruction shall be provided by the official grading agency and monitored by the Michigan department of agriculture.
(4) A certified shipper shall be immediately disqualified from the privilege of participating in the submitted sample grading program for failing to utilize a certified sampler, failing to draw samples using an approved protocol, falsifying any samples or shipping documents, or failing to prevent shipments that do not meet the standards specified by the shipping documents. Disqualification shall remain in effect for a period of not less than 3 years from the date of declaration by the director. In addition, the shipper shall be provided a Michigan grade solely on a point of origin inspection during the disqualification period.
(5) The documents accompanying the submitted sample shall include the shipper’s key number, lot number, proposed grade and weight of shipment, the name of the person drawing the sample, and the date of sampling.
(6) Certified submitted samples shall be sent or delivered to the official grading agency where a moisture reading and grade analysis will be performed.
(7) File samples shall be retained by the official grading agency for not less than 90 days.
The certified shipper shall retain the remainder of the composite samples for not less than 90 days from the date of sampling. The labeling of the composite sample must include the shippers key number, lot number, date of sample, proposed grade and weight of shipment, the name of shipper and location, and the name of the person drawing the sample.
(8) A shipper will be furnished a grade certificate if the beans in the sample are in compliance with the criteria of the specific grade.
(9) A grade certificate will indicate that the grade was based on a submitted sample and that the grade applies to the contents of the submitted sample only and not to the lot or load that it is meant to represent.
History
- History: 1979 AC; 1987 AACS; 1998-2000 AACS.
Mich. Admin. Code R 285.523.7 Point of origin inspection on warehouse lots {#sec-r-285.523.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.523.7}
Rule 7. (1) Warehouse point of origin inspection service shall be granted to dealers who comply with both of the following requirements:
(a) A warehouseman or shipper shall positively and adequately identify warehouse lots with a key number and lot number for 100% of the containers before sampling and inspection.
(b) A shipper or warehouseman shall furnish help to the inspector that enables the inspector to thoroughly sample, identify, and seal all warehouse inspected lots.
(2) Warehouse inspection shall be refused by the department of agriculture for noncompliance with the required procedures set forth in these rules.
(3) The transport copy of the grade certificate or other positive and adequate evidence of inspection shall be supplied to the transporting agent by the shipper.
History
- History: 1979 AC; 1987 AACS; 1998-2000 AACS.
Mich. Admin. Code R 285.523.8 Issuance and use of official grade certificates {#sec-r-285.523.8 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.523.8}
Rule 8. (1) The official bean grade certificate of the Michigan department of agriculture shall consist of a form and words mutually agreed upon and approved by the department and the official grading agency and shall carry the official state seal.
(2) Throughout the duration of the cooperative agreement between the Michigan department of agriculture and the official grading agency, the chief bean inspector of the official grading agency shall be the official grading authority for the determination of conformance of any lot of beans to the official state grade.
(3) Each grade certificate shall have the key identification number of the shipper, as furnished by the Michigan department of agriculture, recorded on the certificate.
(4) A grade certificate shall not be valid if the beans are not shipped within 15 days of the date on the certificate.
(5) Each car lot and truck lot of beans inspected by a licensed bean inspector at the point of origin shall be sealed with the official seal of the Michigan department of agriculture and the seal numbers shall be recorded on the grade certificate. Lot numbers or symbols of identification of warehouse lots shall appear on the grade certificate.
(6) For lots inspected by a licensed bean inspector the original grade certificate or suitable manifests shall, in all cases, be delivered to the buyer with the invoice or other documents covering the shipment.
History
- History: 1979 AC; 1987 AACS; 1998-2000 AACS.
Mich. Admin. Code R 285.523.9 Reinspection {#sec-r-285.523.9 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.523.9}
Rule 9. A shipper, owner, or seller of an officially certified lot of beans is entitled to reinspection at the point of origin if he or she has sufficient grounds to differ with the grading of the lot by the inspector making the original point of origin inspection. The request for a reinspection shall be filed with the chief inspector. The chief inspector shall supervise or direct the resampling or he or she may use the inspector's sample for analysis.
If the chief inspector's grading differs from the original inspector's grading, then all copies of the certificate covering the first inspection shall be surrendered and a new certificate shall be issued by the chief inspector. If the grading of the first inspector is confirmed, then the applicant for a reinspection shall bear all additional costs incurred in connection with the reinspection.
History
- History: 1979 AC; 1987 AACS; 1998-2000 AACS.
Mich. Admin. Code R 285.523.10 Appeal inspections {#sec-r-285.523.10 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.523.10}
Rule 10. (1) A financially interested party is entitled to appeal the grade of a lot or shipment of beans officially inspected as a point of origin inspection if the quality and condition of the lot, upon arrival at the destination, does not conform to the grade and condition as shown on the official bean grade certificate. The request for an appeal inspection shall be filed with the chief inspector within 3 full business days after arrival of the shipment and before the shipment is unloaded and loses its identity. The chief inspector shall supervise and direct the sampling and the grade shall be determined by the director of the Michigan department of agriculture on the basis of the sample submitted to him or her by the chief inspector. An advisory board shall be established for the purpose of advising the director of the Michigan department of agriculture. The board shall consist of the chief inspector, the state supervisor, and 1 disinterested licensed bean inspector.
(2) If the original grade is reversed, then the outstanding certificate shall be recalled and a certificate giving the correct grade shall be issued by the director of the Michigan department of agriculture. The decision of the director of the Michigan department of agriculture is final. The loser in the appeal shall bear the cost incurred in connection with the appeal.
History
- History: 1979 AC; 1987 AACS; 1998-2000 AACS.
Mich. Admin. Code R 285.523.11 Interpretation and amendment of rules {#sec-r-285.523.11 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.523.11}
Rule 11. (1) The director of the Michigan department of agriculture is charged with responsibility of the administration of these rules and is authorized to interpret their provisions and set up procedures that he or she deems necessary to carry out the intent and purposes of these rules.
(2) These rules may be amended at any time throughout the year by the commission of agriculture upon agreement between the parties of the latest cooperative contract between the Michigan department of agriculture and the official grading agency. The amendments shall be made by means of a special committee. The members of the special committee shall consist of persons appointed by the official grading agency to represent its interests in the contract and the director of the Michigan department of agriculture who represents the commission of agriculture, and who represents the department's interest in the contract.
Amendments shall be promulgated under Act No.306 of the Public Acts of 1969, as amended, being §24.201 et seq. of the Michigan Compiled Laws.
History
- History: 1979 AC; 1987 AACS; 1998-2000 AACS.
Mich. Admin. Code R 285.523.12 Rescinded {#sec-r-285.523.12 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.523.12}
History
- History: 1998-2000 AACS.
Human Food Division Human Food Division
R 285.537.1 to R 285.537.6 Regulation No. 537. Cucumbers for Pickling
Mich. Admin. Code R 285.537.1 Application of rules {#sec-r-285.537.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.537.1}
DEPARTMENT OF AGRICULTURE
FOOD AND DAIRY DIVISION
REGULATION NO. 537. CUCUMBERS FOR PICKLING
(By authority conferred on the commission of agriculture by section 2 of Act No. 91 of the Public Acts of 1915, being S285.32 of the Michigan Compiled Laws)
Rule 1. (1) These rules are the basis for determining quality and size of cucumbers for pickling as they are received from or delivered by the grower to a brining plant, packing plant, processing plant or loading station.
(2) These rules do not apply to the sale of cucumbers for pickling when the sale is made by the grower direct to the consumer.
(3) These rules do not prohibit the purchase of, or contracting for pickling cucumbers on a field-run basis, by the hundred-weight. If the value of field-run cucumbers to the grower is established by sizing or grading, grades no. 1 through no. 4 shall apply.
(4) The grower shall receive compensation for all cucumbers for pickling used in any manner by the processor for or in the preparation of human food.
(5) All cucumbers for pickling shall be purchased according to the standards and grades prescribed by these rules.
History
- History: 1979 AC.
Mich. Admin. Code R 285.537.2 Quality standards {#sec-r-285.537.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.537.2}
Rule 2. Cucumbers for pickling shall consist of cucumbers which show characteristic color and which are fairly well formed, fresh and firm, but are not full grown or ripe; which are free from decay and from damage caused by dirt, freezing, sunburn, mosaic, or other disease, insects, mechanical, or other means.
History
- History: 1979 AC.
Mich. Admin. Code R 285.537.3 Grades {#sec-r-285.537.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.537.3}
Rule 3. Cucumbers shall be graded as follows:
(a) No. 1 grade cucumbers shall be not over 1 1/16 inches in diameter.
(b) No. 2 grade cucumbers shall be over 1 1/16 inches but not over 1 ½ inches in diameter.
(c) No. 3 grade cucumbers shall be over 1 1/2 inches but not over 2 inches in diameter.
(d) No. 4 grade cucumbers shall not meet the requirements of grades 1, 2, and 3 but have an economic value and be fit for use in the preparation of human food products.
History
- History: 1979 AC.
Mich. Admin. Code R 285.537.4 Measurement of size {#sec-r-285.537.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.537.4}
Rule 4. The standard of measure for determining size shall be any gauge or machine or other device which furnishes an opening between 2 parallel sides through which will pass cucumbers of 1 1/16 inches, regardless of length, for the no. 1 grade; of 1 1/2 inches, regardless of length, for the no. 2 grade; and of 2 inches, regardless of length, for the no. 3 grade.
History
- History: 1979 AC.
Mich. Admin. Code R 285.537.5 Definitions {#sec-r-285.537.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.537.5}
Rule 5. As used in these rules:
(a) "Characteristic color" means that the color is typical of cucumbers for pickling.
Cucumbers that show whitish or yellowish-green areas due to shading by the vines or other causes shall not be considered as lacking characteristic color, unless the appearance is seriously injured.
(b) "Damage" means any injury or defect which materially affects the pickling quality.
(c) "Diameter" means the minimum dimension at right angle to the longitudinal axis of the cucumber, exclusive of warts.
(d) "Fairly well formed" means that the cucumber is not materially curved, materially tapered more than normal at 1 or both ends, or otherwise materially misshapen for pickling purposes.
(e) "Fresh" means that the cucumber is bright, not wilted, or old.
(f) "Full grown" means that the cucumber has a dull appearance, is fairly smooth, and warts when present, are not prominent.
(g) "Person" means individual, partnership, trust, association, corporation, and any other business unit, or a receiver, trustee or assignee thereof.
History
- History: 1979 AC.
Mich. Admin. Code R 285.537.6 Effective date {#sec-r-285.537.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.537.6}
Rule 6. These rules shall take effect on December 1, 1965.
History
- History: 1979 AC.
Consumer Protection Division Consumer Protection Division
R 285.548.1 to R 285.548.9 Regulation No. 548. Sale of Cherries Suspended In Liquid
Mich. Admin. Code R 285.548.1 Quantity determinations {#sec-r-285.548.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.548.1}
DEPARTMENT OF AGRICULTURE
FOOD AND DAIRY DIVISION
REGULATION NO. 548. SALE OF CHERRIES SUSPENDED IN LIQUID
(By authority conferred on the director of agriculture by sections 8 and 23 of Act No. 283 of the Public Acts of 1964, as amended, being SS290.608 and 290.623 of the Michigan Compiled Laws)
Rule 1. When a person, firm, or corporation purchases cherries by volume suspended in liquid, the quantity determination shall be made as follows:
(a) Cherries shall be held in a tank containing sufficient liquid to at least entirely cover the cherries at the time of measurement. The determination shall be made only after the cherries have been transported a distance of at least 1/2 mile in the tank, or have reached a constant level.
(b) The determination shall be made at the time custody of the cherries is transferred from the grower to the buyer or an agent of the buyer.
(c) The determination shall be made using a standardized cherry measurement tank and a calibrated gauge rod, both of which shall meet the requirements of these rules.
(d) The determination shall be made only when the cherry measurement tank is in a level condition.
(e) The determination shall be made and recorded in terms of cubic feet and decimal fractions of a cubic foot, with no conversion to weight allowed.
History
- History: 1979 AC.
Mich. Admin. Code R 285.548.2 Cherry measurement tanks {#sec-r-285.548.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.548.2}
Rule 2. (1) A cherry measurement tank shall be designed to be in a normal operating position when it is in level.
(2) A tank shall be of the center reading type; that is, it shall be so designed that a gauge rod, when properly positioned for use, will be approximately in the vertical axis of the tank centrally positioned with respect to the tank walls.
(3) A tank shall be rectangular or square in design but its length shall not exceed its width by more than 1/3.
(4) The cross sectional area of a tank shall be constant at any level and the tank shall be so constructed that under any condition of lading it will not be distorted sufficiently to cause a change in the capacity at any level equal to more than 16 cubic inches. This requirement prescribes a limit on permissible distortion only, and is not to be construed as a secondary, additional tolerance.
(5) A tank shall be of such material, design, and construction that under normal handling it will maintain its rectangular or square design and required accuracy for a reasonable length of time.
(6) A tank shall be conspicuously and permanently marked to indicate the cubic capacity of the tank per inch depth throughout its measurement range.
(7) A tank manufactured and offered for sale after the effective date of these rules shall be marked with the name and address of the manufacturer.
(8) The maintenance and acceptance tolerance on a tank with a capacity of 30 cubic feet or less shall be 150 cubic inches in excess or deficiency; that is, the cubical content at any point in the tank within the measurement range shall not differ more than 150 cubic inches from a calculated volume determined by multiplying the depth of the tank from that point by the indicated cubical capacity of the tank per inch depth, except as provided for in subrule (9).
(9) The maintenance tolerance for a tank now in use for the determination of volume measurement shall be 1% excess or deficiency within the measurement range; however, a tank that does not meet all of the requirements in this rule shall not be used after January 1, 1973.
History
- History: 1979 AC.
Mich. Admin. Code R 285.548.3 Cherry gauge rods {#sec-r-285.548.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.548.3}
Rule 3. (1) The indicating means shall consist of a calibrated gauge rod and level indicating plate.
(2) The rod shall be of rigid design, made of stainless steel smoothly finished with the probe and tapered to 1/2 inch, and, when properly seated in position, shall touch the bottom of the holding tank being measured. The rod shall be graduated throughout an interval corresponding to the range within which readings of the cherry level are to be made.
(3) On a rod the spacing of the graduation center to center shall be not more than .0625 (1/16) inch and not less than .03125 (1/32) inch. The graduation shall be not less than .005 inch in width and the clear interval between adjacent edges of successive graduations shall be not less than .015625 (1/64) inch. The graduations shall be designated in inches, 0.5 inches, 0.1 inches, and 0.02 inches.
(4) The level indicating plate assembly shall consist of a rigid plate and a slider tube designed to move up and down the calibrated gauge rod. The rigid plate shall be a perforated round disk of stainless steel, 10 inches in diameter, with the perforations not exceeding 3/8 inch in diameter. The plate shall be permanently attached to the slider tube. The slider assembly shall move freely on the gauge rod without slip and shall weigh 4 pounds, plus or minus 1/10 of 1%.
History
- History: 1979 AC.
Mich. Admin. Code R 285.548.4 Price and delivery tickets {#sec-r-285.548.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.548.4}
Rule 4. (1) The price of cherries in liquid shall be established on a cubic foot basis, with no conversion to weight allowed.
(2) A delivery ticket in duplicate shall be issued by the receiver for each lot of cherries received. The original shall be retained by the receiver and a copy given to the grower. A delivery ticket shall bear the following:
(a) Name and address of receiver.
(b) Name and address of grower.
(c) Date of receival.
(d) Cubical content of the tank per 1 inch depth.
(e) Depth of the cherries contained in the tank to the nearest .02 of an inch.
(f) Total cubic feet of cherries and decimal fraction thereof contained in the tank.
(g) Signature of the person making the quantity determination.
History
- History: 1979 AC.
Mich. Admin. Code R 285.548.9 Rescission {#sec-r-285.548.9 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.548.9}
Rule 9. Regulations Nos. 504, 509, 511, 512, 516, 517, 519, 524 and 526, being R 285.504, R 285.509, R 285.511, R 285.512, R 285.516, R 285.517, R 285.519, R 285.524 and R 285.526 of the Michigan Administrative Code and appearing on pages 1528 to 1531, 1534, 1536, 1547 and 1550 of the 1954 volume of the Code, and Regulation No. 529, being R 285.529.1 to R 285.529.4 of the Michigan Administrative Code and appearing on pages 1188 and 1189 of the 1959 Annual Supplement to the Code, are rescinded.
History
- History: 1979 AC.
Human Food Division Human Food Division
R 285.552.1 to R 285.552.3 Regulation No. 552. Unclassified Potatoes
Mich. Admin. Code R 285.552.1 Definitions {#sec-r-285.552.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.552.1}
DEPARTMENT OF AGRICULTURE
FOOD AND DAIRY DIVISION
REGULATION NO. 552. UNCLASSIFIED POTATOES
(By authority conferred on the commission of agriculture by section 8 of Act No. 220 of the Public Acts of 1929, as amended, section 1 of Act No. 13 of the Public Acts of 1921, as amended, and section 178 of Act No. 380 of the Public Acts of 1965, being SS290.158, 285.1, and 16.278 of the Michigan Compiled Laws)
Rule 1. As used in these rules:
(a) "Soft rot or wet breakdown" means a soft, mushy or leaky condition of the tissue of potatoes such as slimy soft rot, leak or wet breakdown following freezing injury.
(b) "Seriously damaged" means that the removal of sunburn or greening would cause a loss of more than 10% of the total weight of the potato.
History
- History: 1979 AC.
Mich. Admin. Code R 285.552.2 Labeling; containers; standards {#sec-r-285.552.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.552.2}
Rule 2. A person, firm, or corporation packing ungraded potatoes for sale for table use shall package them as follows:
(a) A container shall be labeled "unclassified."
(b) The word "unclassified" shall be in vivid red (NBS color no. 11) letters on a brilliant yellow (NBS color no. 83) background on the top 2/3 of the bag. The national bureau of standards centroid color charts, standard sample no. 2106, will be used for color reference.
Color charts are available for viewing at Michigan state university. The lettering shall be in the English language, conspicuous as to style of letters and in contrast to color of background. The yellow background shall extend beyond the lettering, top, bottom, and sides, to a point 1/2 the size of the letters in the word "unclassified."
(c) The word "unclassified" shall be as large as the largest lettered word on the package and in no case less than 1 inch in height.
(d) Unclassified potatoes shall be packaged in brown paper or clear plastic bags with only the information specified by Act No. 220 of the Public Acts of 1929 for unclassified potatoes appearing on the bag.
(e) A lot designated as unclassified shall contain not more than 2%, by weight, of the potatoes affected by soft rot or wet breakdown.
(f) A lot designated as unclassified shall contain not more than 10%, by weight, of potatoes which are seriously damaged by sunburn or greening.
History
- History: 1979 AC.
Mich. Admin. Code R 285.552.3 Exemption {#sec-r-285.552.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.552.3}
Rule 3. These rules do not apply to a grower or his employees in the sale of potatoes grown by himself when made direct to the consumer.
History
- History: 1979 AC.
Consumer Protection Division Consumer Protection Division
R 285.561.1 to R 285.561.10 Regulation No. 561. Dispensing Facility Reid Vapor Pressure
Mich. Admin. Code R 285.561.1 Definitions {#sec-r-285.561.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.561.1}
DEPARTMENT OF AGRICULTURE
LABORATORY DIVISION
REGULATION NO. 561. DISPENSING FACILITY VAPOR PRESSURE
(By authority conferred on the director of agriculture by section 3 of 1984 PA 44, as amended, MCL 290.643)
Rule 1. (1) As used in these rules:
(a) "Act" means 1984 PA 44, MCL 290.641.
(b) "ASTM International" means the scientific and technical organization founded for the development of standards and located at 100 Barr Harbor Drive, W. Conshohocken, PA 19428-2959.
(c) "Reformulated gasoline" or "RFG" means gasoline that fully satisfies the federal specifications for reformulated gasoline as defined in the clean air act amendments of 1990, 42 U.S.C. §7545 et seq.
(d) "Vapor pressure" means the vapor pressure of gasoline or gasoline oxygenate blends as determined by any of the following ASTM International test methods:
(i) Test method D 5191-07 (2007), entitled, "Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method)."
(ii) Test method D 5482-07 (2007), entitled, "Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method-Atmospheric)."
(2) The terms defined in the act have the same meanings when used in these rules.
History
- History: 1997 AACS; 2009 AACS.
Mich. Admin. Code R 285.561.2 Applicability of rule; control period; authority of director to implement requirement for other locations {#sec-r-285.561.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.561.2}
Rule 2. (1) This rule shall apply for dispensing facilities in the following counties for the control period June 1 through September 15 until the measure is no longer required for air quality maintenance as provided for in section 10d of the act:
(a) Wayne.
(b) Livingston.
(c) Washtenaw.
(d) Oakland.
(e) Macomb.
(f) St. Clair.
(g) Monroe.
(h) Lenawee.
(2) The director retains the authority to implement the vapor pressure 7.0 psi or 7.8 psi requirement for dispensing facilities as a contingency measure for other geographic locations as provided for in section 10d of the act.
History
- History: 1997 AACS; 2009 AACS.
Mich. Admin. Code R 285.561.3 Dispensed gasoline; compliance with vapor pressure and ASTM International requirements required {#sec-r-285.561.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.561.3}
Rule 3. Gasoline that is dispensed in the areas specified in R 285.561.2 during the control periods shall be in compliance with the 7.0 vapor pressure requirements and shall be in compliance with the associated ASTM International D 4814-08b (2008) distillation class requirements as required by section 3 of the act, unless an exemption from these rules specified in R 285.561.7 applies. ASTM International D 4814-08b (2008) is adopted by reference in R 285.561.10.
History
- History: 1997 AACS; 2009 AACS.
Mich. Admin. Code R 285.561.4 Recordkeeping {#sec-r-285.561.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.561.4}
Rule 4. Recordkeeping requirements are specified in section 7(3) and (4) and section 9b(2) of the act.
History
- History: 1997 AACS; 2009 AACS.
Mich. Admin. Code R 285.561.5 Sampling {#sec-r-285.561.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.561.5}
Rule 5. Sampling requirements are specified in sections 3 and 7(4) of the act. Gasoline sampling for volatility shall be in compliance with the procedure contained in the federal regulation entitled, "Sampling Methods for Gasoline and Diesel Fuel" 40 C.F.R. part 80.8 (July 2007). The regulations are adopted by reference in R 285.561.10.
History
- History: 1997 AACS; 2009 AACS.
Mich. Admin. Code R 285.561.6 Testing {#sec-r-285.561.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.561.6}
Rule 6. (1) Gasoline testing procedure for vapor pressure shall be in compliance with the procedure contained in the federal regulations entitled, "Measurement of Reformulated Gasoline Fuel Parameters," 40 C.F.R. part 80.46(c) (July 2007). The regulation is adopted by reference in R 285.561.10.
(2) Gasoline testing procedure for ethanol shall be in compliance with the procedure contained in the federal regulations entitled, "Measurement of Reformulated Gasoline Fuel Parameters," "40 C.F.R. part 80.46(g)(1) (July 2007) or 40 C.F.R. 80.46(g)(2) (July 2007)
The regulation is adopted by reference in R 285.561.10.
History
- History: 1997 AACS; 2009 AACS.
Mich. Admin. Code R 285.561.7 Exceptions from rules {#sec-r-285.561.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.561.7}
Rule 7. (1) Dispensing facilities at a vehicle manufacturer's proving grounds or other testing facilities, or at the facilities of a manufacturer's agent, that are used exclusively for the testing of vehicles, components, or materials are exempt from these rules.
(2) At a vehicle manufacturer's assembly facility, the fueling of production line vehicles before sale for in-plant relocation or distribution, or both, is exempt from these rules.
(3) Gasoline that is in compliance with the federal requirements and specifications for RFG as defined in the clean air act amendments of 1990, 42 U.S.C. §7545 et seq., is exempt from these rules.
(4) Gasoline that exceeds the vapor pressure limits does not violate these rules if the gasoline is separately stored, sealed, clearly labeled, and not used until it is in compliance with this rule. The label shall state that the gasoline is prohibited by Michigan law from being sold, dispensed, supplied, offered for sale, offered for supply, transported, or exchanged in trade in the areas specified in R 285.561.2 until the specific date that the gasoline is in compliance with these rules.
History
- History: 1997 AACS; 2009 AACS.
Mich. Admin. Code R 285.561.8 Gasoline; compliance {#sec-r-285.561.8 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.561.8}
Rule 8. (1) If field analysis shows that the vapor pressure is 7.0 or less, then the gasoline will be deemed to be in compliance with the requirements in section 3 of the act.
(2) If field analysis shows that the vapor pressure is above 7.0 psi, but is not more than 8.0 psi and the gasoline contains between 9.0 and 10.0% ethanol by volume, then the gasoline will be deemed to be in compliance with the vapor pressure requirements in section 3 of the act.
(3) If field analysis shows the vapor pressure is between 7.0 and 7.5 psi, then the bills of lading and other delivery documents are subject to review by the department to determine the source of the gasoline. If the bills of lading and other delivery documents show RFG was delivered and the gasoline is registered with the department under section 6(12) of the act and meets all of the specifications in the registration, then the gasoline will be deemed to be in compliance with the requirements of section 3 of the act.
History
- History: 1997 AACS; 2009 AACS.
Mich. Admin. Code R 285.561.9 Stop use orders; seizure; fines and penalties {#sec-r-285.561.9 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.561.9}
Rule 9. (1) Gasoline that is not in compliance with these rules shall be subject to stop use orders as provided for in section 7(5) of the act and section 13 of 1964 PA 283, MCL 290.613, or seizure as provided for in section 7(5) of the act and section 15 of 1964 PA 283, MCL 290.613.
(2) Administrative fines and civil and criminal penalties are specified in sections 10, 10a, and 10b of the act.
R 285.561.10. Adoption of standards by reference.
Rule 10. (1) The provisions of 40 C.F.R. part 80, subpart A and D (July 2007), are adopted by reference in these rules and may be purchased from the Superintendent of Documents, United States Government Printing Office, P.O. Box 37954, Pittsburgh, Pennsylvania 15250-7954, or from the Michigan Department of Agriculture, P.O. Box 30017, Lansing, Michigan 48909, at a cost as of the time of adoption of these rules of $62.00.
(2) The department adopts the following standards of the ASTM for gasoline or an ASTM Method approved the department:
(a) D 4814-08b (2008)
(b) D 5191-07 (2007)
(c) D-5482-07 (2007)
(3) Copies of these standards may be obtained, at actual printing and mailing cost, by writing to the Department of Agriculture, Laboratory Division, 940 Venture Lane, Williamston, Michigan 48895, or, for a fee as specified in this sub rule, from the ASTM, 100 Barr Harbor Drive, W. Conshohocken, PA 19428-2959. The ASTM standards are composed are priced as follows:
(a) Standard Specification for Automotive Spark-Ignition Engine Fuel, ASTM International Standard D 4814-08b (2008) $51.00.
(b) Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method), ASTM International Standard D 5191-07 (2007) $35.00.
(c) Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method - Atmospheric), ASTM International Standard D 5482-07 (2007) $35.00.
History
- History: 1997 AACS; 2009 AACS.
- History: 1997 AACS; 2009 AACS.
R 285.562.1 to R 285.562.11 Regulation No. 562. Labeling of Retail Gasoline Dispensers
Mich. Admin. Code R 285.562.1 Definitions {#sec-r-285.562.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.562.1}
DEPARTMENT OF AGRICULTURE
LABORATORY DIVISION
REGULATION NO. 562. LABELING OF RETAIL MOTOR FUEL DISPENSERS,
STORAGE TANKS
AND DELIVERY VESSELS
(By authority conferred on the director of the department of agriculture by section 4 of 1984 PA 44, MCL 290.644)
Rule 1. (1) As used in these rules:
(a) "Act" means 1984 PA 44, as amended, MCL 290.641 et seq.
(b) "Alcohol" means a volatile, flammable liquid which has the general formula CnH(2n+1)OH, which is used or sold for the purpose of blending or mixing with gasoline for use in motor vehicles, and which is commonly or commercially known or sold as an alcohol, including ethanol or methanol.
(c) "Biomass-based diesel" means a diesel fuel substitute produced from non-petroleum renewable resources and includes fuel derived from animal wastes, including animal fat and poultry wastes and other waste materials, or from municipal solid waste, sludge, and oils derived from wastewater. Biomass-based diesel does not mean biodiesel as defined in the act.
(d) "Co-solvent" means an alcohol, other than ethanol or methanol, which is blended with either ethanol or methanol, or both, to minimize phase separation in gasoline.
(e) "Ethanol" means ethyl alcohol, which is a flammable liquid having the formula C2 H5 OH and which is used or sold for the purpose of blending or mixing with gasoline for use in motor vehicles.
(f) "Methanol" means methyl alcohol, which is a flammable liquid having the formula CH3 OH and which is used or sold for the purpose of blending or mixing with gasoline for use in motor vehicles.
(g) "Motor fuel" means a fuel suitable for use in a vehicle that is propelled by an internal combustion engine or motor and is designed to permit the vehicle to operate on public roadways. It includes, but is not limited to, diesel fuel, gasoline, biodiesel, biodiesel blends, and hydrogen fuel.
(h) "Motor fuel storage tank" means a stationary storage system used for motor fuel with greater then 550 gallons capacity.
(2) The terms defined in the act have the same meanings when used in these rules.
History
- History: 1987 AACS; 2009 AACS.
Mich. Admin. Code R 285.562.2 Gasoline dispenser notice; content {#sec-r-285.562.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.562.2}
Rule 2. (1) A retail dealer shall not transfer, sell, dispense, or offer gasoline for sale in this state unless every dispenser is posted with a notice which contains all of the following information listed in the following order:
(a) The statement: "MEETS MICH. QUALITY & PURITY STANDARDS FOR".
(b) The name of 1 of the 9 uniform gasoline grades established in section 3 of the act or the name of a special grade listed with and approved by the department pursuant to R 285.564.3(2).
(c) A statement that the gasoline contains methanol, co-solvent, or any additives in the amount of 1% or more by volume and the information required in subrule (2) of this rule.
If the gasoline does not contain additives in the amount of 1% or more by volume or contains an alcohol or ether that has a molecular weight greater than ethanol and is not mixed with methanol or ethanol, the dispenser is not required to be posted with a list of additives.
(d) The statement: "CONSUMER COMPLAINT TOLL-FREE HOT LINE: CALL1-800- MDA-FUEL."
(2) If an additive is methanol, the notice shall state: "CONTAINSALCOHOL:
METHANOL ______%", the blank to be filled in with the concentration to the nearest whole percent. If an additive is another alcohol other than methanol and is used as a cosolvent, the notice shall state: "CONTAINS ", the blank to be filled in with the type of alcohol, such as tertiary butyl alcohol, and the concentration to the nearest whole percent. If the additive is ethanol, no notice indicating the presence or concentration is required if the gasoline contains not more than 10% ethanol by volume. The following are examples of acceptable notice based on the specific additive:
(a) Two percent methyl alcohol by volume: "CONTAINS ALCOHOL: METHANOL 2%."
(b) Two percent methyl alcohol by volume and 4% ethyl alcohol by volume:
"CONTAINS ALCOHOL: METHANOL 2%."
(c) Four percent methyl alcohol by volume and 4% tertiary butyl alcohol by volume:
"CONTAINS ALCOHOL: METHANOL 4%" and "CONTAINS TERTIARY BUTYL ALCOHOL 4%."
History
- History: 1987 AACS; 2009 AACS.
Mich. Admin. Code R 285.562.3 Diesel, biodiesel, and biomass-based diesel dispenser notice; content {#sec-r-285.562.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.562.3}
Rule 3. (1) A retail dealer shall not transfer, sell, dispense, or offer diesel, biodiesel, biodiesel blend, biomass-based diesel, or biomass-based diesel blend for sale in this state unless every dispenser is posted with a notice which contains all of the following information listed in the following order:
(a) The statement: "MEETS MICH. QUALITY & PURITY STANDARDS FOR".
(b) The commodity name and content statement as follows:
(i) Diesel blended to contain greater than 5% and up to and including 20% by volume biodiesel must state "BIODIESEL BLEND: CONTAINS BIODIESEL IN QUANTITIES BETWEEN 5 PERCENT AND 20 PERCENT."
(ii) Diesel blended to contain greater than 20% by volume biodiesel must state "B____, BIODIESEL BLEND: CONTAINS MORE THAN 20% BIODIESEL" where the blank is to be filled in with the volume percentage of biodiesel in the diesel fuel blend.
(iii) 100% biodiesel must state "B 100 BIODIESEL; CONTAINS 100 PERCENT BIODIESEL"
(iv) Diesel blended to contain greater than 5% and up to 20% by volume biomass-based diesel or combination of biomass-based diesel and biodiesel must state "BIOMASS- BASED DIESEL BLEND; CONTAINS BIOMASS-BASED DIESEL OR BIODIESEL IN QUANTITIES BETWEEN 5 PERCENT AND 20 PERCENT"
(v) Diesel blended to contain greater than 20% by volume biomass-based diesel or combination of biomass-based diesel and biodiesel must state: "____% BIOMASS- BASED DIESEL BLEND; CONTAINS MORE THAN 20% BIOMASS-BASED DIESEL OR BIODIESEL" where the blank is to be filed in with the volume percentage of biomassbased diesel in the diesel fuel blend.
(vi) 100% biomass based diesel must state "100% BIOMASS BASED DIESEL;
CONTAINS 100 PERCENT BIOMASS-BASED DIESEL"
(vii) Diesel not blended with biodiesel or biomass-based diesel or blended to contain 0- 5% of biodiesel or 0-5% biomass-based diesel or 0-5% by volume combination thereof must be labeled as:
(A) "ULTRA-LOW SULFUR HIGHWAY DIESEL FUEL" for a diesel fuel containing 15 ppm sulfur maximum.
(B) "LOW SULFUR HIGHWAY DIESEL FUEL" for a diesel fuel containing 500 ppm sulfur maximum.
(C) "NON-HIGHWAY DIESEL FUEL" for a diesel fuel exceeding 500 ppm Sulfur.
(c) The statement: "CONSUMER COMPLAINT TOLL-FREE HOT LINE: CALL 1-800- MDA-FUEL."
History
- History: 1987 AACS; 2009 AACS.
Mich. Admin. Code R 285.562.4 Placement of notices {#sec-r-285.562.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.562.4}
Rule 4. (1) The notice or notices shall be located on every side of the dispenser which has a price computation or quantity display panel and shall be placed not less than 34 inches and not more than 78 inches above the driveway elevation.
(2) If more than 1 grade of motor fuel is offered from a single dispenser, 1 notice on every side of the dispenser with a price computation or quantity display panel containing the information required in Rule 2(1)(a) and (d) and Rule 3(1)(a) and (c) is acceptable. If 1 notice is used for the information required in Rule 2(1)(a) and (d) and Rule 3(1)(a ) and (c), the information required in Rule 2(1)(b) and (c) and Rule 3(b) shall be required to be separately posted for each motor fuel or gasoline grade offered from the dispenser and shall be located immediately adjacent to either the associated brand name, the associated pump nozzle, or the unit price for that motor fuel in a manner which clearly corresponds the required notice to the associated brand name, nozzle, or unit price.
(3) The notice shall be conspicuous and legible to a customer when viewed from the driver's position of a motor vehicle positioned in front of the dispenser.
History
- History: 1987 AACS; 2009 AACS.
Mich. Admin. Code R 285.562.5 Dispenser notice for motor fuels designed for unique equipment or service {#sec-r-285.562.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.562.5}
Rule 5. (1) A notice shall be posted on each dispenser which dispenses motor fuel designed for unique equipment or service as provided by R 285.564.12. The notice shall state the common or customary name of the motor fuel and a statement: "THIS MOTOR FUEL IS NOT FOR GENERAL AUTOMOTIVE SERVICE; FOR USE IN ____________", the blank to be filled in with a description of the unique equipment, vehicles or service with which the motor fuel is compatible. The following are examples of acceptable notices: "E85; THIS MOTOR FUEL IS NOT FOR GENERAL AUTOMOTIVE SERVICE; FOR USE IN E85 FLEX FUEL VEHICLES" and "RACING GASOLINE; THIS MOTOR FUEL IS NOT FOR GENERAL AUTOMOTIVE SERVICE;
FOR USE IN HIGH PERFORMANCE RACING ENGINES".
(2) The notice shall be located on the dispenser as prescribed by R 285.562.(4).
History
- History: 2009 AACS.
Mich. Admin. Code R 285.562.6 Notice type size and typeface {#sec-r-285.562.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.562.6}
Rule 6. Helvetica medium typeface shall be used for all letters and numerals specified by these rules. The letters for the statement required in R 285.562.2(1)(a) and R 285.562.3 (1)(a) and the statement "CALL 1-800-MDA FUEL" required in R 285.562.2(1)(d) and R 285.562.3 (c) shall be not less than 24-point type size. The letters for the words "Consumer Complaint Toll-Free Hot Line" required in R 285.562.2(1)(d) and R 285.562.3 (1)(c) shall be not less than 10-point type size. All other letters and numerals required to appear in the notices required by these rules shall be printed in not less than 48-point type size. Only upper case letters or title case letters of identical color shall be used for statements and notices except that variations in color shall be allowed if the variation conforms with 16 CFR Part 306, Automotive Fuel Ratings Certifications and Postings (January 2008) and 40 CFR Part 80, Regulation of Fuel and Fuel Additives (July 2007).
History
- History: 2009 AACS.
Mich. Admin. Code R 285.562.7 Documentation for dispenser labeling purposes {#sec-r-285.562.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.562.7}
Rule 7. (1) The retailer shall be provided, at the time of delivery of a motor fuel, on a invoice, bill of lading, shipping paper, or other documentation, a declaration of the motor fuel being delivered. If the motor fuel is a gasoline the anti knock index of the product being delivered shall also be declared. The percent of biodiesel or bio-based diesel shall also be declared if present. Any documentation evidencing a delivery of a motor fuel shall meet all of the requirements of section 5 of the act.
History
- History: 2009 AACS.
Mich. Admin. Code R 285.562.8 Labeling and marking of retail motor fuel storage tanks {#sec-r-285.562.8 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.562.8}
Rule 8. Fill boxes and fill covers for motor fuel storage tanks must be clearly identified as to the content by at least 1 of the following:
(a) Attaching a tag with the motor fuel name to the fill pipe adapter.
(b) Screwing a tag with the motor fuel name onto the fill box rim.
(c) Fitting a plastic or fiberglass insert with the motor fuel name inside the rim of the fill box.
(d) Color coding by painting the cover of the fill box and the surrounding rim or pavement.
When utilizing this system the gasoline storage tank containing the highest octane product shall be coded red, the gasoline storage tank with the lowest octane shall be coded white and gasoline with an octane between the highest and lowest coded blue. A chart or code designating the color designations for other motor fuel storage tanks and vapor-recovery connections and manholes shall be posted on premise in clear view and accessible to a delivery tank driver and made available to the department upon request.
History
- History: 2009 AACS.
Mich. Admin. Code R 285.562.9 Labeling and marking of distribution terminal storage tanks {#sec-r-285.562.9 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.562.9}
Rule 9. Storage tanks located at a distribution terminal must be clearly identified as to the content by either of the following:
(a) Attaching a label to the tank that states the commodity being stored.
(b) Attaching a color or symbol to the tank that designates the commodity being stored.
When utilizing a color or symbol system a chart or code designating the color or symbol designations shall be posted on premise and made available to the department upon request.
History
- History: 2009 AACS.
Mich. Admin. Code R 285.562.10 Identification of motor fuel delivery vessel {#sec-r-285.562.10 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.562.10}
Rule 10. A motor fuel delivery vessel shall employ for each loading and unloading of motor fuel a system of identification that clearly identifies the motor fuel contained within each compartment by at least 1 of the following:
(a) A marking system of tags or placards attached to each compartment or the valves used for each compartment.
(b) A chart or diagram that positively identifies each compartment and its contents.
History
- History: 2009 AACS.
Mich. Admin. Code R 285.562.11 Adoption of standards by reference {#sec-r-285.562.11 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.562.11}
Rule 11. (1) The provisions of 16 C.F.R. part 306, Automotive Fuel Ratings, Certifications and Postings (January 2008) and 40 CFR Part 80, Regulation of Fuel and Fuel Additives (July 2007) are adopted by reference in these rules and may be purchased from the Superintendent of Documents, United States Government Printing Office, P.O. Box 37954, Pittsburgh, Pennsylvania 15250-7954, or from the Michigan Department of Agriculture, P.O. Box 30017, Lansing, Michigan 48909, at a cost as of the time of adoption of these rules of $62.00 for 40 CFR Part 80 and $53.00 for 16 CFR part 306.
History
- History: 2009 AACS.
R 285.563.1 to R 285.563.7 Regulation No. 563. Retail Gasoline Dealer Licensing
Mich. Admin. Code R 285.563.1 Definitions {#sec-r-285.563.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.563.1}
DEPARTMENT OF AGRICULTURE
LABORATORY DIVISION
REGULATION NO. 563. RETAIL GASOLINE DEALER LICENSING
(By authority conferred on the director of the department of agriculture by section 7 of Act No. 44 of the Public Acts of 1984, being S290.647 of the Michigan Compiled Laws)
Rule 1. (1) As used in these rules, "act" means Act No. 44 of the Public Acts of 1984, being S290.641 et seq. of the Michigan Compiled Laws.
(2) The terms defined in the act have the same meanings when used in these rules.
History
- History: 1985 AACS.
Mich. Admin. Code R 285.563.2 License; application; renewal; transferability {#sec-r-285.563.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.563.2}
Rule 2. (1) A completed original application shall, on the form prescribed by the department, be filed with the department by a distributor or retail dealer for each retail outlet operated by that person not less than 60 days before the date on which the applicant wishes to engage in retail sales. If sufficient time is not available to apply 60 days prior to engaging in retail sales and the applicant is a new owner of a retail outlet, the department shall waive the 60-day filing requirement and issue a license upon receipt, in person or by mail, of the completed application and fee and written notice that the applicant is a new owner. The application shall include all of the following information:
(a) Business name and address.
(b) Mailing address if different than business address.
(c) Type of ownership of the distributor or retail dealer, such as an individual, partnership, association, trust, corporation, or any other legal entity or combination thereof.
(d) The name, address, telephone number, and date of birth of the owner of the distributorship or retail dealership.
(e) If a partnership, the names, titles, addresses, and dates of birth of all partners who are owners of the distributorship or retail dealership; if a corporation, the name, title, address, and date of birth of the president; or, if an out-of-state corporation, the name, title, address, and date of birth of the president and the name, title, and address of the Michigan resident agent.
(f) An authorized signature, title, and date for each applicant.
(g) Number of grades of gasoline offered for sale at the retail outlet.
(h) Number of hoses connected to gasoline dispensers.
(2) License renewal application shall be made to the department on a form provided by the department on or before September 1 of the year the license expires. The application shall include all the information required in subrule (1) of this rule.
(3) A license shall not be transferable.
History
- History: 1985 AACS.
Mich. Admin. Code R 285.563.3 License display {#sec-r-285.563.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.563.3}
Rule 3. A person licensed under the act shall post the license in a conspicuous place for public inspection at the retail outlet.
History
- History: 1985 AACS.
Mich. Admin. Code R 285.563.4 Retail outlet engaged in marketing gasoline for use in aircraft; license exemption {#sec-r-285.563.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.563.4}
Rule 4. A retail outlet engaged only in the marketing of gasoline for use in aircraft is exempt from the requirement of obtaining a retail gasoline dealer license.
History
- History: 1985 AACS.
Mich. Admin. Code R 285.563.5 Noncompliance with act or rules {#sec-r-285.563.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.563.5}
Rule 5. (1) If the director or his or her authorized agent determines that a person is not in compliance with the requirements of the act or rules promulgated pursuant to the act, the director may refuse to issue a license to such person.
(2) If the director or his or her authorized agent determines that a person licensed under the act has not maintained compliance with the requirements of the act or rules promulgated pursuant to the act, the director may permanently or temporarily suspend or revoke such person's license after opportunity for a hearing.
(3) The department shall render a written decision as to suspension, revocation, or renewal of a license within 30 days after the conclusion of a hearing.
History
- History: 1985 AACS.
Mich. Admin. Code R 285.563.6 Suspension or revocation hearing; procedure {#sec-r-285.563.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.563.6}
Rule 6. A hearing to suspend or revoke a license shall be conducted pursuant to Act No. 306 of the Public Acts of 1969, as amended, being S24.201 et seq. of the Michigan Compiled Laws.
History
- History: 1985 AACS.
Mich. Admin. Code R 285.563.7 Hearings {#sec-r-285.563.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.563.7}
Rule 7. (1) The notice of hearing shall state all of the following information:
(a) The date, time, and place of the hearing.
(b) Issues involved.
(c) Reasons for holding the hearing. Notice shall be served not less than 15 days before the hearing.
(2) When an appearance is made at a hearing, it shall be made in person, by a duly authorized representative, or by counsel.
(3) The person or persons who have been served with a notice of hearing may file a written answer before the date set for hearing or may appear at the hearing and present an oral statement on the charges contained in the notice of hearing. When written briefs or arguments are presented, a copy shall be served upon the director not less than 5 days before the date set for the hearing.
(4) If the person or persons who have been previously served with a notice of hearing fail to appear at a noticed hearing, the director, hearing officer, or the member of the department staff authorized by law to conduct such hearings may proceed with the hearing and may, on the evidence presented, make a decision.
(5) A hearing shall not be adjourned or continued, except upon an order of the director, hearing officer, or the department employee conducting the hearing. All motions and requests for an adjournment or a continuance shall be in writing. The motion or request shall state concisely the reasons why an adjournment or continuance is necessary. A motion or request for an adjournment or a continuance will not be considered unless the motion or request is filed with the director not less than 5 days before the date assigned for the hearing, except upon order of the director, which exception will be granted only upon a showing that, for reasons not within the control of the person or party making the motion or request, the motion or request could not be filed within the time alloted.
(6) The parties to any hearing before the director may, by a stipulation in writing filed with the director, agree upon the facts or any portion of the facts involved in the controversy, which stipulation shall be regarded and used as evidence in the hearing.
Parties are requested to agree upon the facts when practicable.
(7) Depositions shall only be taken upon written authority of the director where it is proved, in writing, to the director that it is impractical or impossible to otherwise obtain the evidence. Where depositions are permitted, they shall be taken according to the rules for taking depositions as set forth in the Michigan general court rules.
History
- History: 1985 AACS.
R 285.564.1 to R 285.564.14 Regulation No. 564. Automotive Gasoline Purity, Additives, And Grading
Mich. Admin. Code R 285.564.1 Definitions {#sec-r-285.564.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.564.1}
DEPARTMENT OF AGRICULTURE
LABORATORY DIVISION
REGULATION NO. 564. AUTOMOTIVE MOTOR FUEL PURITY, ADDITIVES,
AND GRADING
(By authority conferred on the director of the department of agriculture by section 3 of 1984 PA 44, MCL 290.643)
Rule 1. (1) As used in these rules:
(a) "Act" means 1984 PA 44, MCL 290.641.
(b) "Antiknock index (AKI)" means (RON + MON)/2.
(c) "ASTM" means the scientific and technical organization founded for the development of standards and located at 100 Barr Harbor Drive, W. Conshohocken, PA 19428-2959.
(d) "Blender" means a person who as an individual or through his or her agent adds an oxygenate to gasoline.
(e) "Maximum phase separation temperature" means the temperature of a gasoline containing alcohol which retains water in solution or in a stable suspension.
(f) "Motor octane number (MON)" means a knock characteristic of automotive gasoline determined by use of standard procedures on a motor engine.
(g) "Research octane number (RON)" means a knock characteristic of automotive gasoline determined by use of standard procedures on a research engine.
(2) The terms defined in the act have the same meanings when used in these rules.
History
- History: 1987 AACS; 2003 AACS; 2009 AACS.
Mich. Admin. Code R 285.564.2 Permissible oxygen content in gasoline; gasoline clarity {#sec-r-285.564.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.564.2}
Rule 2. (1) The calculated oxygen content permitted in any gasoline sample shall not exceed 3.7% by weight. The percentage of oxygen by weight shall be calculated on the basis of the oxygenate added per 1% volume, without regard to the actual gravity of the finished gasoline, as listed in the following table:
Table 1 Oxygenate added Percentage by Weight of oxygen per 1% volume oxygenate Methanol .53% Ethanol .37% Tertiary butyl alcohol .23% The following are examples of calculated oxygen equivalents:
(a) Gasoline having 10% by volume ethanol. Oxygen by weight: 10 x .37 =3.7%.
(b) Gasoline having 4 1/2% by volume methanol and 4 1/2% by volume tertiary butyl alcohol. Oxygen by weight: 4.5 x .53 + 4.5 x .23 = 3.4%.
(c) The department shall provide oxygen equivalents for oxygenates not listed in table 1 upon request, which shall be based upon gasoline with a specific gravity of .7412 (6.17 pounds per gallon) at 60 degrees Fahrenheit.
(d) There shall not be intentional addition of methyl tertiary butyl ether (MTBE) to the gasoline.
(2) Gasoline shall be visually free of undissolved water, sediment, and suspended matter.
It shall be clear and bright at the ambient temperature or 70 degrees Fahrenheit (21 degrees Celsius), whichever is higher.
(3) The finished fuel shall be free of an adulterant or contaminant that may render the fuel unacceptable for its commonly used applications.
(4) Ethanol blended with gasoline shall meet ASTM D 4806-07 (2007).
(5) Gasoline used for blending with ethanol shall meet ASTM D 4814-08b (2008) and the finished blend may have a 3-degree variation from the 105ºF requirements, a 10-degree variation from 116ºF requirements, and an 8-degree variation from the 124º requirements listed in R 285.564. 4 (h) provided both of the following:
(a) The gasoline used for blending with ethanol, after the time it met ASTM D4814-08b (2008), was not modified or altered in any way prior to or at the time of addition of ethanol.
(b) The finished blend contains between 9% and 10% ethanol by volume.
History
- History: 1987 AACS; 2003 AACS; 2009 AACS.
Mich. Admin. Code R 285.564.3 Gasoline grades {#sec-r-285.564.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.564.3}
Rule 3. (1) There shall be the following uniform grades of gasoline:
(a) "Subregular" with an AKI of 85 or above.
(b) "Regular" with an AKI of 87 or above.
(c) "Midgrade 88" with an AKI of 88 or above.
(d) "Midgrade 89" with an AKI of 89 or above.
(e) "Premium" with an AKI of 90 or above.
(f) "Premium 91" with an AKI of 91 or above.
(g) "Premium 92" with an AKI of 92 or above.
(h) "Premium 93" with an AKI of 93 or above.
(i) "Premium 94" with an AKI of 94 or above.
(2) Special grades of gasoline may be offered for sale if listed with and approved by the department. To apply for listing, the refiner or blender shall provide the department with the gasoline brand name, the grade specifications, and a copy of the complete test results for all applicable standards specified in these rules and other tests as required by the department.
History
- History: 1987 AACS; 2003 AACS; 2009 AACS.
Mich. Admin. Code R 285.564.4 Grades of gasoline; specifications {#sec-r-285.564.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.564.4}
Rule 4. All uniform and special grades of gasoline shall meet the following specifications:
(a) The test method for oxygenates shall be ASTM standard D 5599-00(2005). If the total amount of any alcohol contained is 1% by volume or greater, the pump shall be posted with an alcohol notice. Gasoline that contains 10% or less ethanol is not subject to the notice requirement. Gasoline containing alcohol shall meet all other specifications contained in these rules. There shall not be intentional addition of methyl tertiary butyl ether (MTBE) to the gasoline.
(b) The test method for copper strip corrosion shall be ASTM standard D 130-04e1 (2004). Copper strip corrosion shall not exceed No. 1 on the test scale specified in test method ASTM standard D 130-04e1(2004).
(c) The test method for silver strip corrosion shall be ASTM standard D 4814-08b (2008)
Annex. Silver strip corrosion shall not exceed No. 1 on the test scale specified in test method ASTM standard D 4814-08b (2008) Annex.
(d) The test method for distillation range shall be ASTM standard D 86-07a(2007). The following apply:
(i) The 10% evaporation temperature for each month shall not exceed the value indicated in table 2.
(ii) The 50% evaporation temperature for each month shall not be less than the minimum or exceed the maximum for the range indicated in table 2. Gasoline containing 9%-10% ethanol that does not meet this standard may be sold pursuant to the USEPA Fuel or Fuel Additive Waiver in section 211(F)(4) of Part a of Title II of the Clean Air Act, Chapter 360, 81 Stat. 502, 42 USC 7545, provided the product meets all of the conditions in the waiver and the base gasoline used for blending has a 50% evaporation temperature of not less than 170°F.
(iii) The 90% evaporation temperature shall not exceed the value for each month indicated in table 2. The end point temperature shall not exceed the value indicated in table 2.
(iv) The residue shall not exceed the amount indicated in table 2. The use of a trailing decimal point in a limit indicates that the digit preceding the decimal point is a significant digit.
(v) Table 2 Month Distillation Temperatures, °F, at 10 % Evaporated Distillation Temperatures, °F, at 50% Evaporated Distillation Temperatures, °F, at 90% Evaporated Distillation Temperatures, °F, at End Point Residue Volume % January 122. 150.-230. 365. 437. 2.% February 122. 150.-230. 365. 437. 2.% March 131. 150.-235. 365. 437. 2.% April 158. 150.-250. 374. 437. 2.% May 158. 150.-250. 374. 437. 2.% June 158. 170.-250. 374. 437. 2.% July 158. 170.-250. 374. 437. 2.% August 158. 170.-250. 374. 437. 2.% Sept. 1-15 158. 170.-250. 374. 437. 2.% Sept. 16-30 158. 150.-250. 374. 437. 2.% October 131. 150.-235. 365. 437. 2.% November 131. 150.-235. 365. 437. 2.% December 122. 150.-230. 365. 437. 2.% (vi) The drivability index shall be derived using ASTM D 4814-08b (2008). The drivability index at the refinery or point of import shall not exceed in any month the value indicated in table 3. The use of a trailing decimal point in a limit indicates that the digit preceding the decimal point is a significant digit.
(vii) Table 3 Month Drivability Index January 1200.
February 1200.
March 1220.
April 1250.
May 1250.
June 1250.
July 1250.
August 1250.
September 1250.
October 1220.
November 1220.
December 1200.
(e) The test method for solvent washed gum shall be ASTM standard D 381-04 (2004).
The solvent washed gum shall not exceed 5.0 mg per 100.0 ml.
(f) The maximum temperature for phase separation of gasoline containing alcohol shall not exceed in any month the value indicated in table 4:
Table 4 Lower Peninsula Maximum temperature for phase Month Separation degrees Fahrenheit (CELSIUS)
January 0 (-18)
February 1 (-17)
March 10 (-12)
April 27 (-3)
May 34 (1)
June 45 (7)
July 50 (10)
August 48 (9)
September 41 (5)
October 32 (0)
November 21 (-6)
December 7 (-14)
Upper Peninsula Maximum temperature for phase Month Separation degrees Fahrenheit (CELSIUS)
January -6 (-21)
February -4 (-20)
March 5 (-15)
April 21 (-6)
May 30 (-1)
June 43 (6)
July 48 (9)
August 48 (9)
September 39 (4)
October 30 (-1)
November 16 (-9)
December 0 (-18)
(g) The test method for vapor pressure for gasoline and gasoline oxygenate blends shall be ASTM D 6378-07 (2007) or D 5191-07 (2007) The vapor pressure of gasoline shall not exceed any of the values in table 5 except as provided in section 3 of the act and regulation 561. Gasoline containing up to 10% ethanol may obtain the 1 psi waiver indicated for gasoline containing between 9-10 volume % ethanol during the months of January, February, March, April, May, September 16 to 30, October, November and December if the last 3 deliveries of gasoline received by the retailer contained at least 5% ethanol or were straight gasoline.
Table 5 Month Vapor Pressure (gasoline containing less than 9 volume % Ethanol)
Vapor Pressure (gasoline containing 9-10 volume % ethanol)
January 15.0 psi 16.0 psi February 15.0 psi 16.0 psi March 15.0 psi 16.0 psi April 13.5 psi 14.5 psi May 13.5 psi 14.5 psi June 9.0 psi 10.0 psi July 9.0 psi 10.0 psi August 9.0 psi 10.0 psi September 1-15 9.0 psi 10.0 psi September 16-30 13.5 psi 14.5 psi October 13.5 psi 14.5 psi November 15.0 psi 16.0 psi December 15.0 psi 16.0 psi (h) The test method for the vapor-liquid ratio for gasoline shall be ASTM standard D 5188-04a (2004). For gasoline, the test temperature at which the vapor-liquid ratio is a maximum of 20 to 1 shall be the value indicated in table 6. Gasoline containing 9%-10% ethanol that does not meet this standard may be sold pursuant to the USEPA Fuel or Fuel Additive waiver, Title II of the Clean Air Act, ch.360, 81 Stat.502 §211(F)(4), 42 U.S.C. §7545, provided the product meets all of the conditions in the waiver and the base gasoline used for blending does not have a test temperature less than that indicated in table 6 at which the vapor-liquid ratio is a maximum of 20 to 1.
Table 6 Month V/L (ºF)
January 105 February 105 March 105 April 116 May 116 June 124 July 124 August 124 September 1-15 124 September 15-30 116 October 116 November 105 December 105
History
- History: 1987 AACS; 2003 AACS; 2009 AACS.
Mich. Admin. Code R 285.564.5 Rescinded {#sec-r-285.564.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.564.5}
History
- History: 1987 AACS; 2003 AACS; 2009 AACS.
Mich. Admin. Code R 285.564.6 Grades of unleaded gasoline; additional specifications {#sec-r-285.564.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.564.6}
Rule 6. In addition to the specifications listed in R 285.564.4, all uniform grades of gasoline shall meet both of the following specifications:
(a) The test method for lead content shall be ASTM standard D 5185-05 (2005). There shall be no intentional addition of lead compounds to any uniform grade of gasoline. Any single sample shall contain not more than 0.05 gram (50 milligrams) of lead per gallon.
(b) The test method for sulfur content shall be ASTM standard D 5453-06 (2006). Sulfur shall not exceed 95 ppm by weight.
History
- History: 987 AACS; 2003 AACS; 2009 AACS.
Mich. Admin. Code R 285.564.7 Antiknock index standard {#sec-r-285.564.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.564.7}
Rule 7. (1) All uniform grades of automotive gasoline shall meet the following specified standards for antiknock index (octane):
(a) Subregular: not less than 85.0 AKI.
(b) Regular: not less than 87.0 AKI and not less than 82.0 MON.
(c) Midgrade 88: not less than 88.0 AKI and not less than 82.0 MON.
(d) Midgrade 89: not less than 89.0 AKI and not less than 83.0 MON.
(e) Premium: not less than 90.0 AKI.
(f) Premium 91: not less than 91.0 AKI.
(g) Premium 92: not less than 92.0 AKI.
(h) Premium 93: not less than 93.0 AKI.
(i) Premium 94: not less than 94.0 AKI.
(2) The test method for antiknock index shall be ASTM standard D 2700-08 (2008) for a motor engine and ASTM standard D 2699-08 (2008) for a research engine.
(3) The formula for determination of the antiknock index shall be AKI =(RON + MON) / ̧ 2.
History
- History: 1987 AACS; 2003 AACS; 2009 AACS.
Mich. Admin. Code R 285.564.8 Rescinded {#sec-r-285.564.8 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.564.8}
History
- History: 1987 AACS; 2003 AACS; 2009 AACS.
Mich. Admin. Code R 285.564.9 Rescinded {#sec-r-285.564.9 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.564.9}
History
- History: 1987 AACS; 2003 AACS.
Mich. Admin. Code R 285.564.10 Rescinded {#sec-r-285.564.10 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.564.10}
History
- History: 1987 AACS; 2003 AACS; 2009 AACS.
Mich. Admin. Code R 285.564.11 ASTM motor fuel standards; adoption by reference {#sec-r-285.564.11 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.564.11}
Rule 11. (1) The department adopts the following standards of the ASTM for gasoline or an ASTM method approved by the department:
(a) D 86-07a (2007).
(b) D 130-04e1 (2004).
(c) D 6378-07 (2007) or D5191-07 (2007).
(d) D 381-04 (2004).
(e) D 5188-04a (2004).
(f) D 5453-06 (2006).
(g) D 2699-07 (2007).
(h) D 2700-07a (2007).
(i) D 5599-00(2005).
(2) The department adopts the following standards of the ASTM for diesel fuel, biodiesel, and biodiesel blends or an ASTM standard approved by the department.
(a) D 6751-08 (2008).
(b) D 975-08a (2008).
(c) D 7467-08 (2008).
(3) Copies of these standards may be obtained, at actual printing and mailing cost, by writing to the Department of Agriculture, Laboratory Division, 940 Venture Lane, Williamston, Michigan 48895, or, for a fee as specified in this subrule, from the ASTM, 100 Barr Harbor Drive, W. Conshohocken, PA 19428-2959. The ASTM standards are composed of volumes priced as follows:
Volume 05.01: D 56 to D 3220 .................................... $311.00 Volume 05.02: D 3221 to D 5293 .......................................$278.00 Volume 05.03: D 5303 to D 6729 ..................................... $299.00 Volume 05.04: D 6730 - latest $396.00 Volume 05.05: Combustion Characteristics .......................$156.00
History
- History: 1987 AACS; 2003 AACS; 2009 AACS.
Mich. Admin. Code R 285.564.12 Use variations or exemptions for motor fuel designed for unique equipment or service {#sec-r-285.564.12 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.564.12}
Rule 12. Specific use variations or exemptions may be made for motor fuel designed for unique equipment or service if it can be demonstrated to the department that the distribution and sale of such motor fuel shall be restricted to such use.
History
- History: 1987 AACS; 2003 AACS; 2009 AACS.
Mich. Admin. Code R 285.564.13 Product registration of motor fuels not meeting R 285.564.4 {#sec-r-285.564.13 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.564.13}
Rule 13. (1) All motor fuels that do not meet ASTM specifications or standards in R 285.564.4 shall be registered with the director on forms prescribed by the director 30 days before the registrant wishes to engage in sales. The registration form shall include all of the following information:
(a) Business name and address(es).
(b) Mailing address if different than business address.
(c) Type of ownership of the distributor or retail dealer, such as an individual, partnership, association, trust, corporation, or any other legal entity or combination thereof.
(d) An authorized signature, title, and date for each registration.
(e) Product brand name and product description.
(f) A product specification sheet shall be attached.
(g) If the motor fuel is marketed under a waiver granted by the United States environmental protection agency the registration must include the regulatory citation number or other acceptable proof of a valid waiver.
(h) If requested by the department, a complete list of business names and addresses where the product is being delivered to or offered for sale from.
(2) Registration is subject to annual renewal. All previous listings and registrations with the department are rescinded 30 days after adoption of this regulation.
(3) Re-registration is required 30 days before any changes in subrule (1) of this rule.
(4) The Director may decline to register any product that actually or by implication would deceive or tend to deceive a purchaser as to the identity or the quality of the motor fuel.
(5) The registration is not transferable.
History
- History: 1987 AACS; 2003 AACS; 2009 AACS.
Mich. Admin. Code R 285.564.14 Retailer requirements {#sec-r-285.564.14 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.564.14}
Rule 14. A Retailer offering an ethanol blended product at retail shall do all of the following:
(a) Remove all water and precipitated materials from the storage tank before the initial gasoline-alcohol blend is delivered into the tank.
(b) Install a suitable filter, 10 microns or less, in the meter inlet or discharge line and immediately adjacent to the meter.
(c) Record the water level of blended product storage tanks daily and make these records available to the department upon request.
(d) On a regular basis and upon receipt of a quality complaint examine the blended product to ensure that the product dispensed remains clear and bright and free of visible water or haze.
History
- History: 2009 AACS.
Human Food Division Human Food Division
R 285.569.1 to R 285.569.19 Regulation No. 569. Smoked Fish
Mich. Admin. Code R 285.569.1 Definitions {#sec-r-285.569.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.569.1}
DEPARTMENT OF AGRICULTURE
FOOD AND DAIRY DIVISION
REGULATION NO. 569. SMOKED FISH
(By authority conferred on the Department of Agriculture by section 23 of act No. 39 of the Public Acts of 1969, as amended, being S289.723 of the Michigan Compiled Laws)
Rule 1. (1) As used in these rules:
(a) "Cold process smoked fish" means a smoked fish that has not been subjected to sufficient heat to coagulate the protein throughout the fish.
(b) "Critical control point" means a point, step, or procedure in a food process at which control can be applied and, as a result, a food safety hazard can be prevented, eliminated, or reduced to acceptable levels.
(c) "Critical limit" means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to prevent, eliminate, or reduce to an acceptable level the occurrence of the identified food safety hazard.
(d) "Fish" means all freshwater or saltwater finfish, mollusks, crustaceans, and other aquatic organisms, other than birds or mammals, that are intended for human consumption.
(e) "Fish product" means any article of food or any other article intended for, or capable of being used as, human food that is derived or prepared, in whole or in part, from any portion of any fish.
(f) "Hazard analysis and critical control point (HACCP) plan" means a food processing plan under which a food processing plant operator effectively prevents food safety hazards by monitoring food safety variables at critical control points and by controlling the variables within critical limits.
(g) "Hot process smoked fish" means a smoked fish that has been subjected to sufficient heat for a sufficient period of time to coagulate the protein throughout the fish.
(h) "Liquid smoke" means an aqueous solution of wood smoke that, when suitably diluted, may be used to impart a smoke flavor.
(i) "Loin muscle" means the longitudinal quarter of the great lateral muscle of the fish that is free from skin, scales, visible blood clots, bones, gills, and nonstriated parts.
(j) "Process authority" means a person who has expert knowledge of the commercial processing of fish and fishery products based on a combination of education, training, and experience.
(k) "Reduced oxygen packaging" means packaging that reduces the amount of oxygen in a package by mechanical evacuation of the oxygen, displacing the oxygen with another gas or combination of gases, or otherwise controlling the oxygen content in a package to a level below the level of 21% normally found in the surrounding atmosphere. "Reduced oxygen packaging" includes altered atmosphere, modified atmosphere, controlled atmosphere, low oxygen and vacuum packaging.
(l) "Smoked fish" means a freshwater or saltwater finfish that is prepared by treating it with salt (sodium chloride) and subjecting it to the direct action of the smoke from burning wood, wood sawdust, or similar burning material or from liquid smoke flavoring applied to the surface in a gaseous, liquid, or vaporized state with or without heat. The term includes products composed in whole or in part from smoked fish, such as sausage, pate, or snack dip.
(m) "Temperature-indicating device" means an accurate, standard thermometer or equivalent device, such as a resistance temperature device or thermocouple.
(n) "Temperature-recording device" means a device that is capable of providing a continuous record of the temperature conditions being monitored.
(o) "Water phase salt" means the percentage of salt (sodium chloride) in the water phase of the finished fish product. It is calculated by multiplying the percentage of salt (sodium chloride) by 100and dividing that number by the sm of the percentage of salt (sodium chloride) and the percentage of moisture in the finished product. Moisture and salt content shall be determined in accordance with the method described in the publication entitled "Official Methods of Analysis of AOAC, International" 16th edition. The publication is adopted in these rules by reference and may be obtained from AOAC, International, 2200 Wilson Boulevard, Suite 400-GG, Arlington, Virginia 22207-3301, at a cost as of the time of adoption of these rules of $359.00 (print version), or from the Department of Agriculture, Food Division, Ottawa Building, Fourth Floor, P.O. Box 30017, Lansing, MI 4 48909, at cost.
(2) Terms defined in Act No. 39 of the Public Acts of 1968, as amended, being §289.701 et seq. of the Michigan Compiled Laws, have the same meanings when used in these rules.
History
- History: 1997 AACS.
Mich. Admin. Code R 285.569.2 Exemptions from rules {#sec-r-285.569.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.569.2}
Rule 2. The following fish products are exempt from the requirements of these rules:
(a) Finnan haddie, smoked cod fillet, smoked Scottish kipper, or other smoked fish that is clearly labeled to be cooked before consumed.
(b) Boneless, smoked salted herring; smoked, dry salted herring; smoked blind robbin; or other smoked fish that has a water phase salt content of not less than 10%.
(c) Commercially sterile smoked fish, either canned or in sterile packaging.
History
- History: 1997 AACS.
Mich. Admin. Code R 285.569.3 Fish-smoking establishment; requirements; temperature-indicating devices and temperature-recording devices generally {#sec-r-285.569.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.569.3}
Rule 3. (1) A fish-smoking establishment shall be in compliance with the requirements of R 285.553.1 to R 285.553.26 in addition to the requirements of these rules.
(2) When reference is made to a temperature-indicating device and temperature-recording device, the following conditions shall apply:
(a) A temperature-indicating device shall be installed where it can be easily read and the sensor for the device shall be located to ensure that it accurately measures the warmest temperature of the refrigeration equipment and the coldest temperature of the smoking equipment, as appropriate. The sensor shall be protected from mechanical damage. A temperature-indicating device shall be calibrated at the routine operating temperature of the refrigeration, cooling, or smoking equipment against a known accurate standard thermometer upon installation and at least once a year thereafter or more frequently if necessary to ensure its accuracy. Records of accuracy checks for a temperature- indicating device shall be maintained and shall specify the date, standard used, method used, results, and the person performing the test. A temperature- indicating device that has a divided fluid column or that cannot be adjusted to the standard shall be immediately repaired or replaced.
(b) A temperature-recording device shall be installed where it can be easily read and the sensor for the device shall be installed to ensure that it accurately measures the warmest temperature of the refrigeration equipment and the coldest temperature of the smoking equipment, as appropriate. Each temperature recording device shall be checked for accuracy against a known accurate temperature-indicating device upon installation and at least once a year thereafter or more frequently if necessary to ensure its accuracy. A record of the accuracy checks shall be maintained that specifies all of the following information:
(i) The time and date of each check.
(ii) The temperatures indicated by both devices before adjustment.
(iii) The corrective action taken, where applicable.
(iv) The person who performed the accuracy check.
History
- History: 1997 AACS.
Mich. Admin. Code R 285.569.4 Fish, fish products, and ingredients; condition; processing, handling, storing, preparing, and transporting at certain temperature required; inspection and washing before processing; thawing; evisceration {#sec-r-285.569.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.569.4}
Rule 4. (1) All fish, fish products, and ingredients shall be clean and wholesome, free from any deterioration, spoilage, adulteration, or foreign odors, and processed, handled, stored, prepared, and transported at or below 38 degrees Fahrenheit (3.3 degrees Celsius) so as to be safe for human consumption.
(2) Fresh fish received shall be inspected and adequately washed with potable water before processing. Only sound, wholesome fish that are free from adulteration and organoleptically detectable spoilage shall be processed.
(3) All fish received in a frozen state shall be either thawed promptly and processed or stored at a temperature that will maintain the fish in a frozen state. Thawing shall be carried out in as rapid a manner as possible so that the internal temperature of the fish does not exceed 38 degrees Fahrenheit (3.3 degrees Celsius). After thawing, the fish shall be adequately washed with potable water before processing.
(4) All fish destined for smoking shall be eviscerated. The evisceration of fish shall be conducted in an area that is separate from other processing operations. The evisceration shall be performed with minimal disturbance of the intestinal tract contents. Upon evisceration, the fish, including the body cavity, shall be washed thoroughly with a continuous flow or vigorous spray of potable water that may be chlorinated at safe levels.
History
- History: 1997 AACS.
Mich. Admin. Code R 285.569.5 Brining {#sec-r-285.569.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.569.5}
Rule 5. (1) Before smoking, fish shall be dry-salted or brined in a manner that will ensure an adequate and consistent water phase salt content of the finished product.
(2) Brining of fish for smoking shall be carried out so that the temperature of the brine does not exceed 60 degrees Fahrenheit (16 degrees Celsius) at the start of brining. If the brining time is more than 4 hours, then the brining shall take place in a refrigerated area that is at a temperature of 38 degrees Fahrenheit (3.3 degrees Celsius) or below immediately after the salting step.
(3) Brining tanks shall be cleaned and sanitized before each use. Brines shall not be reused unless there is an adequate process available to return the brine to an acceptable microbiological level.
(4) After removal from a brining solution, fish shall be rinsed with potable water.
History
- History: 1997 AACS.
Mich. Admin. Code R 285.569.6 Application of smoke {#sec-r-285.569.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.569.6}
Rule 6. (1) Fish to be smoked shall be arranged without overcrowding or touching each other within the smokehouse oven or chamber to allow for uniform smoke absorption, heat exposure, and dehydration. Liquid smoke, generated smoke, or a combination of liquid smoke and generated smoke shall be applied to all surfaces of the fish. The surfaces of the fish to be smoked shall be moist or tacky to the touch at the beginning of the smoking step.
(2) If only liquid smoke or only generated smoke is used, then it shall be applied before the surface protein on the fish has been allowed to dry to the point of forming a pellicle or barrier to smoke uptake.
(3) If a combination of liquid smoke and generated smoke is used, then the liquid smoke shall be applied before the surface protein on the fish has been allowed to dry to the point of forming a pellicle or barrier to smoke uptake and the generated smoke may be applied at any stage of the process.
History
- History: 1997 AACS.
Mich. Admin. Code R 285.569.7 Process time and temperature; records of heat treatment {#sec-r-285.569.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.569.7}
Rule 7. (1) All smoking shall be accomplished so that the internal temperature of the coldest part of the fish remains at or above 145 degrees Fahrenheit (62.8 degrees Celsius) for not less than 30 continuous minutes. The temperature measurement shall be obtained by inserting the sensor of the temperature-recording device into the thickest flesh portion of one of the largest fish being smoked that is located at the coldest area of the smokehouse.
(2) An accurate record of the entire process time and internal temperature shall be taken for each smokehouse load.
(3) The record specified in subrule (2) of this rule shall indicate the date, including month, day, and year.
(4) Each smokehouse load shall be assigned a lot number that corresponds to, and can be easily identified with, the record of the thermal process time and temperature produced by the temperature-recording device.
(5) A record for each load shall also indicate the smokehouse or compartment number, the type or species of fish, and the quantity of fish smoked.
(6) The plant manager shall review and certify by initialing the entry for each load made on the recording chart or in the smoking record before distribution or sale of any smoked fish within the load.
History
- History: 1997 AACS.
Mich. Admin. Code R 285.569.8 Finished fish product {#sec-r-285.569.8 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.569.8}
Rule 8. (1) Immediately after the thermal process, the smoked fish shall be cooled to a temperature of 38 degrees Fahrenheit (3.3 degrees Celsius) or below and shall remain at or below that temperature at all times, including through all storage, marketing, and sales channels. If smoked fish is to be frozen, the freezing shall occur immediately after the thermal process and cooling step, and the smoked fish shall remain frozen at all times, including through all storage, marketing, and sales channels. Each room, compartment, or holding device for the storage of smoked fish shall be equipped with an accurate temperature-indicating device. Every person responsible for handling smoked fish up to the time it reaches the consumer shall have and use an accurate temperature-indicating device to check for compliance with the temperature requirements in these rules.
(2) All air-packaged smoked fish shall be processed so that the content in the fish of water phase salt is not less than 3%. The determination of salt and moisture content shall be made using the loin muscles of the fish. An operator shall chemically analyze the finished fish product with sufficient frequency using an official method to ensure that the required level of water phase salt is achieved. If a sample of the operator’s smoked fish has been analyzed by the department and has been found not to contain the required levels of an ingredient, including water phase salt, then the director of the department may require additional analyses to be conducted by the operator. The results of the analyses shall immediately be made available to the director of the department upon request.
History
- History: 1997 AACS.
Mich. Admin. Code R 285.569.9 Segregated packaging, handling, and storage area {#sec-r-285.569.9 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.569.9}
Rule 9. Smoked fish product packaging, handling, and storage areas shall be established that are sufficiently segregated within the facility apart from unprocessed fish and equipment, objects, and employees who have come into contact with waste, raw product, or other unsanitary objects. Packaging material, equipment, employees, and in-process materials that enter product packaging, handling, and storage areas shall be treated so as to minimize the risk of introducing microorganisms. Air handling systems shall be designed to minimize the risk of airborne contamination into product packaging, handling, and storage areas and to provide positive air pressure relative to the surrounding areas.
History
- History: 1997 AACS.
Mich. Admin. Code R 285.569.10 Packaging and labeling {#sec-r-285.569.10 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.569.10}
Rule 10. (1) Every package, carton, wrapper, or other container used to ship, wrap, or hold unfrozen smoked fish in any way at any time, including the packages sold from a bulk display and wrapped at the time of sale, shall be labeled to indicate all of the following information:
(a) The name of the article of food.
(b) The name and address of the manufacturer, packer, distributor, or retailer. If the smoked fish product is not manufactured by the person whose name appears on the label, then the name shall be qualified by a phrase that reveals the connection the person has with the commodity.
(c) The ingredients and net weight, as required by Act No. 39 of the Public Acts of 1968, as amended, and Act No. 283 of the Public Acts of 1964, as amended, being §289.701 et seq. and §290.601 et seq., respectively, of the Michigan Compiled Laws.
(d) The lot code number that identifies the period when processed and packaged, as required in R 285.569.6.
(e) The warning statement: "Perishable--Keep under refrigeration at 38 degrees Fahrenheit (3.3 degrees Celsius) or below."
(f) The warning statement: "Not to be sold or consumed after _____," the blank to be filled with a date, including the month, day, and year. The date shall be not more than 14 days after date of smoking unless an operator can demonstrate to the director of the department that a longer period of time can be achieved that is safe. The director of the department may grant approval for an operator to use a date greater than 14 days, but may invoke at any time, the requirements of R 285.569.14 and R 285.569.15.
(2) The labeling requirements for frozen smoked fish shall be the same as for unfrozen smoked fish, except for the requirements specified in subrule (1)(e) and (f)of this rule. The statements specified in subrule (1)(e) and (f) shall be replaced with the warning statements of this rule: "Perishable: Keep frozen. Thaw in refrigerator before consumption."
(3) All label statements shall appear in a distinctive and plain manner in English words and Arabicnumerals. All statements shall be permanently affixed to each separate and distinct package or container.
(4) Smoked fish processed on different dates shall not be commingled in the same container at the processing plant or while the fish is being stored, distributed, or offered for sale.
History
- History: 1997 AACS.
Mich. Admin. Code R 285.569.11 Wholesale sale {#sec-r-285.569.11 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.569.11}
Rule 11. If fish product is sold other than at retail, then all of the following provisions apply:
(a) All sales shall be accompanied by an invoice or record of sale.
(b) Each invoice shall include the lot number, expiration date, and warning statement as required in R 285.569.10.
(c) Copies of all invoices or other adequate records shall be maintained to identify consignments or distributions of designated coded lots.
History
- History: 1997 AACS.
Mich. Admin. Code R 285.569.12 Sale of fish product under other than original expiration date code prohibited {#sec-r-285.569.12 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.569.12}
Rule 12. Smoked fish product shall not be sold under any expiration date code other than the original expiration date code that the processor assigned to the fish product.
History
- History: 1997 AACS.
Mich. Admin. Code R 285.569.13 Records; availability; time of retention {#sec-r-285.569.13 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.569.13}
Rule 13. All process time and temperature records, temperature device standardization records, and all records of sales required by these rules shall be made available to the director of the department for inspection and copying upon request and shall be retained at the place of business for a period of not less than 6 months.
History
- History: 1997 AACS.
Mich. Admin. Code R 285.569.14 Modifications and waivers {#sec-r-285.569.14 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.569.14}
Rule 14. The director of the department may grant a variance to a petitioner by modifying or waiving the requirements of these rules if the director is shown that the proposed alternative is equally effective in preventing food safety hazards. If a variance is granted, then the director of the department shall retain the information specified in R 285.569.16 as part of the official record. Proprietary information submitted to satisfy a petition for a variance shall not be subject to public disclosure.
History
- History: 1997 AACS.
Mich. Admin. Code R 285.569.15 Documentation of proposed variance and justification {#sec-r-285.569.15 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.569.15}
Rule 15. Before a variance from these rules is approved by the director of the department, the information that is provided by the person requesting the variance shall include all of the following:
(a) A statement of the proposed variance from the rule requirements that cites the relevant rule numbers.
(b) An analysis of the rationale for how the potential public health hazards addressed by the relevant rule will be alternatively addressed by the proposal. If not included in the analysis, the director may require, but shall not be limited to requiring, any of the following:
(i) A letter from a process authority.
(ii) Copies of relevant articles from scientific journals.
(iii) Studies obtained or performed consisting of not less than 3 processing runs showing that under the requested parameters the desired result is reliably achieved.
(iv) Laboratory analyses that demonstrate both of the following:
(A) For Clostridium botulinum, zero toxin production in the fish product through a time period beyond the shelf life of the product of not less than 1/3 of the shelf life, demonstrated through inoculated pack studies under normal and moderate abuse conditions.
(B) No detectable Listeria monocytogenes in the final fish product.
(v) Actual federal, state, or local government regulations or advisories.
(c) A HACCP plan that includes the information specified in R 285.569.17 as it is relevant to the variance requested.
(d) If the person is a processor outside this state, verification of inspection or licensing by a regulatory agency as an approved source of smoked fish.
History
- History: 1997 AACS.
Mich. Admin. Code R 285.569.16 Operator requirements if variance granted or HACCP plan required; revocation of variance; expiration of variance {#sec-r-285.569.16 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.569.16}
Rule 16. (1) If the director of the department grants a variance or if a HACCP plan is otherwise required, the operator shall comply with all of the following provisions:
(a) Comply with the HACCP plan and procedures that are submitted as a basis for the modification or waiver.
(b) Maintain and provide to the director of the department, upon request, records specified in R 285.569.18 that demonstrate that all of the following are routinely employed:
(i) Procedures for monitoring critical control points.
(ii) Monitoring of the critical control points.
(iii) Verification of the effectiveness of an operation or process.
(iv) Necessary corrective actions if there is a failure at a critical control point.
(c) Notify the director of the department, in writing, when any change, replacement, or modification to the information required under R 285.569.15 has been made which affects any requirement listed under R 285.569.17.
(2) The director of the department may revoke a variance and may require resubmission of a petition if any inspection, monitoring, analysis, or other official activity conducted by the department or other regulatory agency reveals a condition creating a potential food safety hazard that the petitioner or plans failed to control or address.
(3) The director of the department may set an expiration date for a variance after which a petition may be resubmitted. The petitioner will be notified in writing if an expiration date is set.
History
- History: 1997 AACS.
Mich. Admin. Code R 285.569.17 Contents of a HACCP plan {#sec-r-285.569.17 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.569.17}
Rule 17. Where not preempted by federal statute, HACCP plans prepared in accordance with R 285.569.15 shall specify, for each type of fish product, all of the following information:
(a) The identity of the individual smoked fish product or categorization of like products that the plan addresses.
(b) The potential food safety hazards, such as microbiological, chemical, or physical hazards, that may cause a fish product to be unsafe for human consumption.
(c) A flow diagram that depicts the operator's entire fish processing procedures and identifies each critical control point.
(d) Employee and supervisory training plans that address the food safety issues of concern.
(e) A statement of standard operating procedures for the plan under consideration, including clearly identifying all of the following:
(i) Each critical control point, including all of the following:
(A) Raw material thawing.
(B) Brining or dry salting.
(C) Smoking.
(D) Cooling after smoking.
(E) Post-smoke processing, if any.
(ii) The critical limits that must be met at each critical control point specified in paragraph (i) of this subdivision to prevent unacceptable food safety hazards.
(iii) The method and frequency for monitoring and controlling each critical control point by an employee designated by the operator.
(iv) The method and frequency for the operator to routinely verify that an employee is following standard operating procedures and monitoring critical control points.
(5) The action to be taken by the operator if the critical limits for each critical control point are not met.
(6) The records to be maintained by the operator to demonstrate that the HACCP plan is properly operated and managed.
(f) Additional scientific data or other information required by the director.
History
- History: 1997 AACS.
Mich. Admin. Code R 285.569.18 Processes requiring variance {#sec-r-285.569.18 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.569.18}
Rule 18. All of the following processes require a variance under R 285.569.15:
(a) The production of cold process smoked fish.
(b) Subjecting smoked fish to reduced oxygen packaging.
(c) The use of additives that reduce the level of, combine with, or replace, in whole or in part, the sodium chloride used in the smoked fish product at the required level, such as sodium nitrite, potassium chloride, or any other approved food additive.
History
- History: 1997 AACS.
Mich. Admin. Code R 285.569.19 Rescission {#sec-r-285.569.19 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.569.19}
Rule 19. R 285.541.1 to R 285.541.11 of the Michigan Administrative Code, appearing on pages 1200 to 1202 of the 1979 Michigan Administrative Code, are rescinded.
History
- History: 1997 AACS.
Pesticide and Plant Pest Management Division Pesticide and Plant Pest Management Division
R 285.600.1 to R 285.600.1 Regulation No. 600. Cherry Pests
Mich. Admin. Code R 285.600.1 Protection of cherry industry; control of cherry fruit flies and other cherry pests {#sec-r-285.600.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.600.1}
DEPARTMENT OF AGRICULTURE
PESTICIDE AND PLANT PESTICIDE MANAGEMENT DIVISION
REGULATION NO. 600. CHERRY PESTS
(By authority of Act No. 86 of the Public Acts of 1929, being S286.81 et seq. of the Michigan Compiled Laws)
Rule 1. (1) The owner or person having charge of cherry trees or cherry orchards shall immediately following the emergence of the cherry fly in the locality in which his trees or orchards are located, cause the same to be sprayed according to the recommendations set forth in the most recent issue of the Michigan State College spraying calendar being extension bulletin no. 154 revised.
(2) When cherry trees are found to be infested with cherry fruit flies the property owner or his authorized agent must without delay proceed to control the infestation by 1 of the following methods:
(a) Pick the fruit from the infested trees and completely destroy same by burning in the presence of an authorized employee of the department.
(b) Pick the fruit and bury same 2 feet below the surface of the ground after covering with quick lime in the presence of an authorized employee of this department.
(c) Thoroughly spray infested trees with a solution of 2 pounds of 15% parathion under the supervision of an authorized employee of this department. Canning factories or any person or persons into whose possession infested cherries may come, are charged with and will be held responsible for the disposition of cherries containing cherry fruit fly maggots in the manner and form as above described.
(3) It is declared to be illegal for any person or persons operating any car, vessel, boat, truck, automobile, aircraft, wagon or other vehicle, to transport from 1 point to another within the state, cherries infested with the cherry fruit fly in any living stage of its development, and it is further declared to be illegal for any canning factory, dealer, or other person to receive for canning or to can, or to have in possession with intent to can or sell, cherries infested with the cherry fruit fly.
History
- History: 1979 AC.
R 285.601.1 to R 285.601.1 Regulation No. 601. Raspberry Inspection and Certification
Mich. Admin. Code R 285.601.1 Raspberry plant inspection and certification {#sec-r-285.601.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.601.1}
DEPARTMENT OF AGRICULTURE
PESTICIDE AND PLANT PESTICIDE MANAGEMENT DIVISION
REGULATION NO. 601. RASPBERRY INSPECTION AND CERTIFICATION
(By authority of Act No. 189 of the Public Acts of 1931, being S286.201 et seq. of the Michigan Compiled Laws)
Rule 1. (1) For intrastate movement: Orange rust and all diseases of the virus type are designated injurious systemic diseases, and the presence of any of them constitutes "infection" within the meaning of this rule. Raspberry inspection certificates showing that raspberry plants have been inspected twice during the previous growing season will be issued only:
(a) After plantings have been inspected and rogued twice during the previous summer with an interval of at least 30 days between inspections and not more than 2% of the plants have been found infected on the first inspection and not more than 1% on second inspection. Each block of plants will be considered separately in determining eligibility for certification.
(b) When all visibly infected plants have been eradicated and removed from the plantation at once by the owner to the satisfaction of the inspector.
(c) When each bundle, bale, box, or carload lot shall have attached to it a copy of a special certificate issued by the commissioner of agriculture which will show that the plants in the bundle, bale, box, or carload lot have been inspected and conform to the requirements of this rule. The department of agriculture reserves the right to return to the point of origin any raspberry plants apprehended in the state of Michigan without such a certificate.
(d) In order to control and eradicate above mentioned diseases and others affecting the raspberry, it is desirable that insofar as possible all raspberry plantations, regardless of the extent of area or whether or not the plants are to be sold, shipped, or transported, should have 2 inspections each season. The cooperation of all nurserymen and fruit growers is solicited.
(e) Whenever infected plants are known to exist, they shall be promptly destroyed without awaiting visit of the inspector. Raspberry plantations which have become unprofitable, owing to the presence of these or other diseases, neglect, or other causes, shall be promptly and carefully destroyed for the protection of the owner and his neighbors.
(2) For interstate movement: It has been determined by the department of agriculture that injurious systemic diseases of raspberry plants existing in other states constitute dangerous plant disease infections with reference to which the secretary of agriculture of the United States has not established a federal quarantine; therefore, under the authority conferred by the statutes of this state, the department orders that no raspberry plants shall be imported into the state of Michigan:
(a) Unless they have been inspected by an official state inspector of the state in which they were grown in conformity with rules substantially similar to those stated above for intrastate movement.
(b) Unless each bundle, bale, box, or carload lot shall have attached to it a copy of a special certificate from the said official inspector which will show that the plants in the bundle, bale, box, or carload lot have been inspected and do conform to the requirements of this rule. The department of agriculture reserves the right to return to the point of origin any raspberry plants received in the state of Michigan without such a certificate.
(3) This rule supersedes all previous rules and regulations and shall be immediately effective.
History
- History: 1979 AC.
R 285.606.1 to R 285.606.1 Regulation No. 606. Blueberry Inspection and Certification
Mich. Admin. Code R 285.606.1 Blueberry nursery stock {#sec-r-285.606.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.606.1}
DEPARTMENT OF AGRICULTURE
PESTICIDE AND PLANT PESTICIDE MANAGEMENT DIVISION
REGULATION NO. 606. BLUEBERRY REGULATION
(By authority conferred on the commission of agriculture by section 23 of Act No. 189 of the Public Acts of 1931, as amended, being S286.223 of the Michigan Compiled Laws)
Rule 1. (1) Blueberry nursery stock offered for sale, sold, shipped, or otherwise transported into or within this state shall be propagated from scionwood obtained from plants inspected and certified to be apparently free from plant virus diseases, virus-likeplant diseases, and other contagious plant diseases. Such nursery stock and scionwood source plants shall be isolated more than 500 feet from plants which do not meet the disease tolerance provided for in subrule (2) of this rule.
(2) Fields of blueberry nursery stock and scionwood source plants to be certified shall be inspected at least once during each growing season and shall not contain more than a total of 0.3% of plants with a virus disease or plants with a virus-like disease, and 0.3% plants otherwise infected with Fusicoccum sp., Phomopsis sp., or systemic plant diseases.
(3) When making inspections of blueberry nursery stock or scionwood source fields, plant industry division inspectors shall place a conspicuous distinguishing mark on each plant infected with a virus disease, a virus-like disease, or other systemic disease. Plants so marked shall be destroyed or killed by the grower within 10 days.
(4) Blueberry plants, scionwood, or cuttings shipped or transported into or within the state of Michigan shall be accompanied by a valid certificate of inspection setting forth the fact that plants, scionwood, or cuttings have been inspected and certified in accordance with the provisions of this rule.
History
- History: 1954 AC; 1979 AC; 1984 AACS.
R 285.609.1 to R 285.609.1 Regulation No. 609. Strawberry Plants
Mich. Admin. Code R 285.609.1 Strawberry plant inspection and certification {#sec-r-285.609.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.609.1}
DEPARTMENT OF AGRICULTURE
PESTICIDE AND PLANT PESTICIDE MANAGEMENT DIVISION
REGULATION NO. 609. STRAWBERRY PLANTS
(By authority of Act No. 189 of the Public Acts of 1931, as amended, being S286.201 et seq. of the Michigan Compiled Laws)
Rule 1. (1) Strawberry plants shall be considered eligible for inspection and certification provided the plants are taken from plantings that are:
(a) First year plantings.
(b) Well cultivated and maintained essentially free of weeds and grasses.
(c) Generally thrifty. Very thin plant stands may be disqualified.
(d) Planted on soil that has not been exposed to the Red Stele disease within the past 15 years.
(e) Maintained apparently free of insect pests, plant diseases and parasitic nematodes and within the standards established by this rule.
(2) The following combination of inspections shall be required as a prerequisite to certification:
(a) One or more inspections of the plants made on or about blossoming time or at such season of the year when soil temperature and moisture and growing conditions are proper for expression of the symptoms of the Red Stele disease caused by the fungus Phytophthora fragaria.
(b) One or more inspections made during the late summer or fall seasons for other insect pests, plant diseases, and nematodes.
(3) Certified plants must be apparently free of insect pests, plant diseases, and parasitic nematodes, and must originate from plantings in which the number of plants infested with certain pests do not exceed the tolerances herein provided:
(a) Red Stele--zero.
(b) Crimp (Foliar nematode disease)--zero.
(c) Root knot nematode--zero, provided that plantings not generally infested at the time of field inspection may be restricted at the discretion of the director subject to inspection at the grower's request and his expense, after the plants have been dug and graded.
(d) June yellows (Blakemore yellows)--1% provided visibly affected plants are rogued.
(e) Crinkle and virus yellows--zero.
(f) Aster yellows and witches broom--1%, provided infected plants are rogued.
(4) Only those strawberry plants that meet the foregoing certification requirements and have been produced in accordance with the following standards shall be certified to be "disease free" or "virus free" or "produced from 'virus free' stock" or "registered" or "foundation stock" or any other term or terms that may be so construed, and the use of any such terms in labeling, advertising or selling strawberry plants shall be restricted to plants so classified by the legally constituted plant regulatory official of the state of origin, provided that strawberry plant foundation stock utilized in Michigan shall mean plants determined to be free of known harmful virus diseases by the Michigan department of agriculture:
(a) Foundation stock approved by the plant regulatory official must be planted on a site approved by such official and shall be at all times isolated by at least 1,500 feet from other strawberry plants, either domesticated or wild, provided that enclosure of the planting site with an approved insect-proof screenhouse shall nullify the isolation requirement.
(b) The planting site shall not have been cropped in potatoes, tomatoes, or other solanaceous plants within the preceding 5 years.
(c) The soil of the planting site must be fumigated for the eradication of parasitic nematodes prior to planting.
(d) Fragaria vesca indicator plants must be planted in a border row around the planting or interplanted in a manner approved by the plant regulatory official.
(e) Insect vectors of viruses and other insect pests shall be controlled by the application of insecticide at prescribed intervals, using such formulations and quantities of materials as shall be approved by the plant regulatory official.
(f) Propagation of plants for special certification may continue from foundation stock for a maximum period of 2 years, provided that virus-infected plants are not found at the planting site.
(5) The requirements set forth within the provisions of subrules (1), (2), and (3) of this rule shall constitute the minimum for the certification of strawberry plants shipped or carried into or within Michigan, and plants so certified, shipped, or carried must be accompanied by a valid certificate of inspection issued by the legally constituted certifying agency of the state of origin.
History
- History: 1979 AC.
R 285.610.1 to R 285.610.3 Regulation No. 610. Inspection Fees
Mich. Admin. Code R 285.610.1 Nursery stock, plant, and plant materials inspection; schedule of fees {#sec-r-285.610.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.610.1}
DEPARTMENT OF AGRICULTURE
PESTICIDE AND PLANT PESTICIDE MANAGEMENT DIVISION
REGULATION NO. 610. INSPECTION FEES
(By authority conferred on the commission of agriculture by sections 6, 21, and 22 of Act No. 189 of the Public Acts of 1931, as amended, and by section 178 of Act No. 380 of the Public Acts of 1965, as amended, being SS286.206, 286.221, 286.222, and 16.278 of the Michigan Compiled Laws)
Rule 1. Before the beginning of each fiscal year, the department shall review the costs of making the various inspections of nursery stock, plants, and plant materials required by Act No. 189 of the Public Acts of 1931, as amended, being S286.201 et seq. of the Michigan Compiled Laws, and shall publish and make available to the public a schedule of fees for such inspections. A revised fee schedule shall be adopted each year subject to review by the joint committee on administrative rules and approval by the agriculture commission.
History
- History: 1944 AC; 1954 AC; 1979 AC; 1980 AACS.
Mich. Admin. Code R 285.610.2 Rescinded {#sec-r-285.610.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.610.2}
History
- History: 1944 AC; 1954 AC; 1979 AC; 1980 AACS.
Mich. Admin. Code R 285.610.3 Rescinded {#sec-r-285.610.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.610.3}
History
- History: 1944 AC; 1954 AC; 1979 AC; 1980 AACS.
R 285.612.1 to R 285.612.1 Regulation No. 612. Yellow Red Virosis
Mich. Admin. Code R 285.612.1 Chokecherries declared public nuisance {#sec-r-285.612.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.612.1}
DEPARTMENT OF AGRICULTURE
PESTICIDE AND PLANT PESTICIDE MANAGEMENT DIVISION
REGULATION NO. 612. YELLOW RED VIROSIS
(By authority of Act No. 72 of the Public Acts of 1945, being S286.251 et seq. of the Michigan Compiled Laws)
Rule 1. (1) In order to prevent the further introduction and spread of peach "X" disease (yellow red virosis) a serious contagious virus disease of chokecherries (Prunus virginiana) and peach and cherry trees, it is hereby necessary to order and declare chokecherries (Prunus virginiana) to be a public nuisance. Planting, possessing, growing, propagating, selling, or offering for sale plants, roots, or cuttings of chokecherries within distances of 500 feet of peach or cherry orchards and 1,000 feet of peach or cherry nursery stock is hereby prohibited, and any such plants now growing within the said distances must be eradicated.
(2) Any roots, cuttings, or plants now planted or growing within the said distances of peach or cherry orchards and peach or cherry nursery stock may be ordered destroyed by the director of agriculture or his inspectors.
History
- History: 1979 AC.
R 285.617.1 to R 285.617.1 Regulation No. 617. Black Stem Rust
Mich. Admin. Code R 285.617.1 Black stem rust of small grains {#sec-r-285.617.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.617.1}
DEPARTMENT OF AGRICULTURE
PESTICIDE AND PLANT PESTICIDE MANAGEMENT DIVISION
REGULATION NO. 617. BLACK STEM RUST
(By authority of section 19 of Act No. 189 of the Public Acts of 1931, as amended, being S286.219 of the Michigan Compiled Laws)
Rule 1. (1) All species and varieties of the genera Berberis, Mahoniaand Mahoberberis and all living parts thereof determined by the director of agriculture to be susceptible alternate hosts for the black stem rust of small grains caused by Puccinia graminis are hereby declared to be a public nuisance and the growing, sale, distribution, transportation, or planting of such plants or living parts thereof is prohibited.
(2) Plants or living parts thereof taken for purposes of propagation of the species and varieties of the genera Berberis, Mahonia and Mahoberberis resistant to the black stem rust of small grains must be certified according to the following provisions before being propagated, transported, distributed, offered for sale, or sold:
(a) Rust-resistant plants of Berberis and Mahoberberis of not less than2 seasons' growth on their own roots and Mahonia plants of 1 season's growth will be eligible for movement after certification; provided plants of Berberis and Mahoberberis of 1 season's growth may be received by a nurseryman so licensed under section 9 of Act No. 189 of the Public Acts of 1931, as amended, being S286.209 of the Michigan Compiled Laws, as amended by Act No. 255 of the Public Acts of 1955, from a source approved by the director of agriculture or the United States department of agriculture.
(b) Plants of Berberis and Mahoberberis of 1 season's growth received by a nurseryman from an approved source must be retained by the nurseryman for at least 2 growing seasons and must be maintained separate from certified plants or those eligible for certification.
(c) The transportation, distribution or sale of seeds and fruits of Berberis and Mahonia shall be restricted to those seeds and fruits obtained from plants certified to be rust-resistant by the director of agriculture or the United States department of agriculture. Such seeds or fruits must be accompanied by a certificate attesting to the rust-resistance of the parent plants when being transported, distributed or sold.
(3) Any nurseryman, person, firm, partnership, or corporation, upon making application in writing for the rust-resistant certification of plants or living parts thereof of Berberis, Mahonia, or Mahoberberis, shall furnish evidence of the source, species, and variety of the plants or parts thereof to be certified, and any other information deemed necessary by the director of agriculture for the proper identification, inspection, and certification of the plants or parts thereof.
History
- History: 1979 AC.
R 285.619.1 to R 285.619.31 Regulation No. 619. Fruit Tree Scionwood, Understock, And Nursery Stock
Mich. Admin. Code R 285.619.1 Scionwood certification {#sec-r-285.619.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.619.1}
DEPARTMENT OF AGRICULTURE
PESTICIDE AND PLANT PESTICIDE MANAGEMENT DIVISION
REGULATION NO. 619. FRUIT TREE SCIONWOOD, UNDERSTOCK, AND
NURSERY STOCK
(By authority conferred on the director of agriculture by section 286.223a of 1931 PA 189 and transferred to the Department of Agriculture and Rural Development by Executive Order 2011-2.)
Rule 1. Scionwood will be certified as virus-free when produced on a parent tree registered by the department of agriculture, hereinafter referred to as "the department," as being apparently virus-free, the virus-free characteristic of the registrant to be determined by the following procedures:
(a) Not less than 2 visual inspections during the growing season immediately before registration.
(b) Indexing which utilizes standard indicator plants or trees or other methods shown by research to be efficacious.
History
- History: 1979 AC; 1984 AACS.
Mich. Admin. Code R 285.619.2 Scionwood orchards; location and plantings {#sec-r-285.619.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.619.2}
Rule 2. (1) The registrant shall be grown in a planting, hereinafter known as a scionwood orchard, isolated not less than 1,000 feet from wild and cultivated bearing-age trees of the same genus but which are not eligible for registration. A scionwood orchard shall be planted in a manner approved by the department and that will assure optimum cultural conditions. A planting chart of the scionwood orchard shall be furnished the department, and all planting and maintenance records shall be made available for department inspection. Trees shall be planted so that branches of different varieties of the same fruit species do not intermingle. The trueness-to-name of a tree submitted for registration shall be established to the satisfaction of the department before scionwood is distributed from it.
(2) Scionwood from registered trees may be offered for sale or sold as "Michigan Certified Virus-Free Scionwood."
History
- History: 1979 AC; 1984 AACS.
Mich. Admin. Code R 285.619.3 Scionwood orchards; care, additions, removals {#sec-r-285.619.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.619.3}
Rule 3. (1) A scionwood orchard and the registered trees therein shall be cared for as follows:
(a) Clean cultivated at all times with the exception of a winter cover crop or mowed sod culture.
(b) Fertilized and pruned to assure maximum quality scionwood growth.
(c) Maintained in a condition free of insect pests and plant diseases by intensive spraying and other control practices recommended by the department or Michigan State University.
(d) The soil of the site shall be free of harmful nematodes and insects or shall be fumigated to eliminate them. A post-fumigation inspection is necessary.
(2) Trees shall not be added to, or removed from, a scionwood orchard without prior notice to the department. Trees in the scionwood orchard determined to be undesirable by the department shall be removed by the owner or person in charge within 10 days of receipt of notice from the department.
History
- History: 1979 AC; 1984 AACS.
Mich. Admin. Code R 285.619.4 Parent tree registration {#sec-r-285.619.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.619.4}
Rule 4. A registered parent tree shall be assigned an identifying registration number by the department. Registration of a parent tree shall be continued from year to year if the requirements of R 285.619.1 to R 285.619.3 are met and biannual growing season inspections and indexing show the tree to be free of virus diseases. Registered trees shall be indexed on indexing host plants at the discretion of the department. Indexing shall be done by the department or by others approved by, and subject to the supervision of, the department. If the indexing is done by others, the department shall, in addition to the indexing done by others, randomly index up to 5% of the registered trees.
History
- History: 1979 AC; 1984 AACS.
Mich. Admin. Code R 285.619.11 Understock parent tree certification {#sec-r-285.619.11 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.619.11}
Rule 11. (1) An understock seed source parent tree is considered registered when determined to be free of seed transmissible viruses by procedures established in R 285.619.1. Continuance of registration depends upon the registrant remaining virus-free as determined by procedures established in R 285.619.4.
(2) A clonal understock parent tree or stool bed is eligible for registration when it is the direct, own-rooted progeny of a registrant or when it is determined to be virus-free by the procedures established in R 285.619.1 and trueness-to-name has been established to the satisfaction of the department. A continuous row of a clone on it own roots established for layering or for cuttings is considered a stool bed and a unit for registration purposes.
Continuance of registration depends upon the registrant remaining virus-free as determined by procedures established in R 285.619.4.
History
- History: 1979 AC.
Mich. Admin. Code R 285.619.21 Nursery stock, understock, and seed; designation {#sec-r-285.619.21 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.619.21}
Rule 21. (1) Finished fruit tree nursery stock, understocks or understock seed, when certified according to these rules, may be offered for sale or sold as:
(a) "Grown from certified virus-free scionwood" when produced from certified scionwood.
(b) "Michigan certified virus-free fruit trees" when produced from certified scionwood and understocks.
(c) "Michigan certified virus-free understocks" when produced from certified seed or clonal sources.
(2) The use of such terms as virus-free, grown from certified virus-free scionwood, certified virus-free, Michigan certified virus-free fruit trees, Michigan certified virus-free understocks, Michigan certified virus-free scionwood, and such other term or terms that may be so construed to describe fruit tree nursery stock, scionwood, understocks, or understock seed, shall be restricted to that nursery stock, scionwood, understocks, or understock seed so certified under these rules.
History
- History: 1979 AC.
Mich. Admin. Code R 285.619.22 Nursery stock, scionwood, understock, and seed; certification {#sec-r-285.619.22 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.619.22}
Rule 22. (1) Finished nursery stock and clonal understocks of apple, cherry, or plum shall be labeled as and certified true to variety by the nursery asa prerequisite for certification under these rules.
(2) Scionwood, understock seed, or understocks certified by the plant regulatory official of the state of origin by procedures comparable to those provided by these rules and acceptable to the department are considered certified.
History
- History: 1979 AC; 2016 AACS.
Mich. Admin. Code R 285.619.31 Fees {#sec-r-285.619.31 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.619.31}
Rule 31. Annual fees as established by R 285.610.1 shall be charged for registration and certification services.
History
- History: 1979 AC; 1984 AACS.
R 285.620.1 to R 285.620.1 Regulation No. 620. Quarantine
Mich. Admin. Code R 285.620.1 Quarantine; purpose {#sec-r-285.620.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.620.1}
DEPARTMENT OF AGRICULTURE
PESTICIDE AND PLANT PESTICIDE MANAGEMENT DIVISION
REGULATION NO. 620. QUARANTINE
(By authority of section 23 of Act No. 189 of the Public Acts of 1931 and section 6 of Act No. 72 of the Public Acts of 1945, being SS286.223 and 286.256 of the Michigan Compiled Laws)
Rule 1. (1) The director of agriculture when he shall find that there exists in any state, territory, or district or part thereof any dangerous insect pest or plant disease infestation with reference to which the secretary of agriculture of the United States has not established a quarantine may promulgate and enforce by this rule a quarantine prohibiting or restricting the transportation into, within, or through the state, or any portion thereof, from such other state, territory, or district, of any class of nursery stock, plant, fruit, seed, or other article of any character whatsoever, capable of carrying such plant disease or insect infestation.
(2) A quarantine shall recite the following:
(a) The dangerous plant pest involved by common name or scientific name, or both.
(b) Definitions of the terms used.
(c) The quarantined or regulated area by naming the state, territory, or district, or designated portions thereof, by recognized political subdivisions or legal land description.
(d) The classes or names of the nursery stock, plants, fruits, seeds, or other articles of any character, the movement of which is prohibited or restricted into or within Michigan.
(e) Any treatment, certification, or other action or condition that will permit the movement of restricted articles into or within this state from the quarantined area.
(f) Conditions of seizure, treatment, or destruction of prohibited or restricted articles moving into or within this state in violation of the quarantine or the return of such articles to the quarantined area.
History
- History: 1979 AC.
R 285.623.101 to R 285.623.404 Regulation No. 623. Field Seed Certification
Mich. Admin. Code R 285.623.101 Designation of seed certifying agency {#sec-r-285.623.101 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.101}
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
PESTICIDE AND PLANT PEST MANAGEMENT DIVISION
REGULATION NO. 623. FIELD SEED CERTIFICATION
(By authority conferred on the director of agriculture and rural development by section 2 of 1959 PA 221, MCL 286.72, and section 178 of the Executive organization act of 1965, 1965 PA 380)
PART 1. GENERAL PROVISIONS
Rule 101. The Michigan crop improvement association is designated an official seedcertifying agency to assist and advise the director of the department of agriculture in certifying the varietal purity, quality, vitality, and freedom from disease of seeds of field crops and turfgrass in accordance with these rules and standards.
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.102 Seed origin and list of varieties {#sec-r-285.623.102 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.102}
Rule 102. (1) Certified seed shall be the progeny of foundation seed as defined in the act.
(2) Only properly named and properly described varieties and hybrids shall be eligible for certification.
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.103 Production of certified seed; restrictions {#sec-r-285.623.103 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.103}
Rule 103. (1) If a kind of seed is submitted for certification for which standards have not been established in these rules, association of official seed-certifying agencies standards for that kind of seed will be used. These standards are contained in the AOSCA Certification Handbook, Publication No. 23, June, 1971. The provisions of this publication are adopted by reference in these rules. The publication may be obtained from the Association of Official Seed Certifying Agencies, P.O. Box 6311, Mississippi State, Mississippi 39759, or from the Michigan Department of Agriculture, P.O. Box 30017, Lansing, Michigan 48909, at a cost as of the time of adoption of these rules of $30.00.
(2) The production of certified seed of more than 1 variety of a crop on the same farm shall be based upon approval by the certifying agency.
(3) Certified seed shall not be produced on land that grew any of the following plants the previous year:
(a) An inseparable species that has the same growing season, except when summer fallowing intervenes. When control measures can be applied to eliminate volunteers, this waiting period may be reduced as determined by the seed-certifying agency.
(b) Plants of another variety of the same species.
(c) Plants of the same variety unless such plants came from certified seed.
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.104 Field conditions {#sec-r-285.623.104 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.104}
Rule 104. (1) A field that contains more than an occasional weed which produces seed that is not readily separable from the crop seed or that contains weed growth that will impair seed quality or prevent adequate field inspection is ineligible for certification. Field borders and weedy areas in the field may require mowing before harvest if, in the judgment of the inspector, such action is necessary.
(2) Crops that are submitted for certification shall be rogued of weeds, other varieties, and other crop plants by the grower before field inspection.
(3) Crops which show a lack of vigor, a lack of uniformity, or evidence of inadequate cultural care or which are weedy or are subject to other conditions that are detrimental to the production of high-quality seed are ineligible for certification.
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.105 Inspections and final certification {#sec-r-285.623.105 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.105}
Rule 105. (1) A field inspection shall be performed by the certifying agency when all of the following can best be determined:
(a) The identity of the variety.
(b) Mixtures.
(c) Weediness.
(d) Disease infection.
(e) Vigor.
(f) Crop quality.
(g) In the case of corn, factors that affect proper pollination. The inspector shall survey the field sufficiently to evaluate accurately the factors that affect eligibility for certification.
(2) Seed that is submitted for certification shall be harvested and handled in a manner that avoids mixtures and shall be stored and conditioned in a place and in a manner approved by the certifying agency. Storage identification tags shall be affixed to each storage container of seed that is eligible for certification. The tags shall contain all of the following information:
(a) Grower's name.
(b) Variety.
(c) Class.
(d) Bin number.
(e) Field number.
(3) Final certification by the official certifying agency shall be based upon inspection of a minimum representative sample of 5 pounds of cleaned seed. In the case of small-seeded legumes, a minimum representative sample of 1 pound of cleaned seed shall be submitted.
The submitted sample of cleaned seed shall be representative of the entire lot of seed to be offered for sale.
(4) Analysis, examinations, and germination tests of seed shall be conducted in accordance with the rules of the association of official seed analysts entitled "Rules for Testing Seed", Volume 12, No. 3, 1988, revised in 1989, 1990, 1991, and 1992. The rules are adopted by reference in these rules and are available from the Michigan Department of Agriculture, Laboratory Division, 1615 South Harrison Road, East Lansing, Michigan 48823, or from the Association of Official Seed Analysts, Nebraska Crop Improvement Association, 268 Plant Science, IANR-UNL, Lincoln, Nebraska 68583-0911, at a cost as of the time of adoption of these rules of $30.00.
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.106 Containers and tags {#sec-r-285.623.106 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.106}
Rule 106. (1) A bag of seed that is to be offered for sale or sold as certified, registered, or foundation seed shall be identified as to variety. Seed that is offered for sale or sold as certified, registered, or foundation seed shall be placed in new bags that have a 100pound capacity or less and shall have been inspected, and approved by the certifying agency. This seed may also be placed in bulk bags that have a 50-bushel capacity or less and which may be reused if they are constructed so as to be self-cleaning to prevent contamination by any previous crop residues. Bags shall be sealed pursuant to instructions that are issued by the certifying agency. Attached to each bag shall be an official tag that is issued by the official certifying agency. Bags shall be tagged or labeled pursuant to the provisions of Act No. 329 of the Public Acts of 1965, as amended, being S286.701 et seq. of the Michigan Compiled Laws, and these rules.
(2) Certified seed containers will be identified with a blue tag which indicates that the certification standards established in these rules have been met.
(3) Certified seed of field beans, soybeans, and small grains may be identified by a yellow tag, which indicates that all of the certification standards as established in these rules have been met, except for the standards for germination. Field bean, soybean, and small grain seed may be identified with a yellow tag if the minimum germination is not more than 10 percentage points below the minimum germinations standards for certified seed established for these crop kinds. The yellow tag shall carry the following statement on the front panel of the label: "Meets all Michigan certification standards for certified seed except germination."
(4) All rules for the production, conditioning, and testing of certified seed shall apply to bulk transactions, except that the seed does not have to be in bags. All of the following additional requirements shall apply to the bulk sale of certified seed:
(a) All field and seed standards that apply to bagged seed shall also apply to bulk certified seed.
(b) Certified seed may be sold in bulk only by an approved retail seed facility or by the processor. Certification is not valid after more than 2 transfers of ownership.
(c) Bulk certified seed shall move to the consumer or approved bulk retailer by using serially numbered bulk sales certificates. The seller shall provide copies of these certificates to the buyer and the certifying agency.
(d) The director shall have the authority to audit all records related to bulk seed at any time and inspect the facilities of any processor or approved bulk retailer who sells certified seed in bulk.
(e) It is the seller's responsibility to handle seed in a manner to prevent mixtures and contamination, supply seed that has been tested and meets all certification requirements, and determine that the container, bin, or vehicle receiving the bulk certified seed is clean. If the container, bin, or vehicle is not clean, it shall be noted on the bill of sale. The seller shall also obtain a representative sample of each load of bulk certified seed sold and keep this sample at least 1 year after final disposition of the lot.
(f) It shall be the buyer's responsibility to maintain the purity of the seed after it has been loaded into the buyer's container, bin, or vehicle.
(g) The bulk sales certificate issued by the certifying agency shall take the place of the certified seed tag. The certificate shall contain labeling information pursuant to the provisions of Act No. 329 of the Public Acts of 1965, as amended, being S286.701 et seq. of the Michigan Compiled Laws, and these rules. The buyer shall receive a certificate for each load of bulk certified seed.
(h) The processor shall be assessed certification fees for certified seed sold in bulk.
(i) Processor and bulk retail facilities shall be approved before certified seed is handled in bulk. Before approval, all procedures for receiving, storing, dispensing, and recordkeeping shall be reviewed by the certifying agency. An applicant shall demonstrate acceptable procedures for maintaining the purity and identity of bulk certified seed.
Approval may be withheld if an applicant has not provided records or documentation as required by these rules.
(j) For all bulk certified seed, a separate storage bin shall be available for each variety that will be sold in bulk. All bins shall be inspected and approved before receiving any seed. Bins, augers, conveyers, and other equipment shall be cleaned before the storage or handling of certified seed. Bins shall be clearly and prominently labeled to indicate that they have been approved and to show the kind and variety of seed. All bin openings shall be closed to prevent contamination, except when seed is being put into or removed from the bin.
(k) At the completion of each season (by December 15 for winter crops and by August 1 for all other kinds), the owner or manager of each approved facility shall file a report of all movements of bulk certified seed. The report shall include the amount of seed grown or conditioned or purchased for bulk sale and the source of bulk seed, including the name of the processor, the variety, and the lot number. The report shall also include the amount of bulk certified seed sold by variety, the lot number, and the current inventory of seed remaining for each variety and lot.
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.107 Grading and blending {#sec-r-285.623.107 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.107}
Rule 107. (1) Each variety shall be graded so as to conform to screen sizes as recommended by the official certifying agency and approved by the director of the department of agriculture.
(2) Two or more lots of certified seed of the same variety, strain, or hybrid may be blended if previously approved by the official certifying agency. The quality represented for the blend shall be that of the least desirable lot in the blend, unless 2 unrelated composite samples that are taken by the official certifying agency show the blend to be uniform.
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.108 Seed from out of state {#sec-r-285.623.108 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.108}
Rule 108. Seed which is produced in another state or country and which is sold and delivered in this state as certified, registered, or foundation shall have been certified by a legally constituted agency of the state or country of origin in accordance with rules and standards that are equivalent to those established in these rules. Seed of such origin that is represented or labeled as registered shall have been produced and certified in accordance with rules and standards that are equal to or better than the rules and standards that are established for Michigan certified seed.
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.109 Interagency certification {#sec-r-285.623.109 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.109}
Rule 109. If the Michigan crop improvement association participates with another certifying agency in performing services that are required to certify the same lot or lots of seed, the standards for such interagency certification shall be the standards provided in these rules. Seed that is produced and field-inspected in Michigan may be shipped in bulk for conditioning and final certification by the Michigan crop improvement association or may be conditioned in Michigan to be shipped out of state for final certification by the Michigan crop improvement association. This same certification procedure may be utilized for seed that is shipped into Michigan from a cooperating state.
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.110 Modification of standards {#sec-r-285.623.110 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.110}
Rule 110. The minimum quality standards for foundation and certified seed, other than the standards that affect genetic purity as established in these rules, may be modified by the director of the department of agriculture when application of a standard would threaten the continued normal propagation of a crop variety.
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.111 Definitions {#sec-r-285.623.111 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.111}
Rule 111. As used in these rules:
(a) "Act" means Act No. 221 of the Public Acts of 1959, as amended, being S286.71 et seq. of the Michigan Compiled Laws.
(b) "Field crops" means any agricultural crop that is grown for food, feed, forage, fiber, or oil.
(c) "Off-type" means any seed or plant that is not a part of the variety because it deviates from 1 or more of the characteristics of the variety as described and may include any of the following:
(i) A seed or plant of another variety.
(ii) A seed or plant that is not necessarily any variety.
(iii) A seed or plant that results from cross-pollination by another kind or variety.
(iv) A seed or plant that results from uncontrolled self-pollination during production of hybrid seed.
(v) Segregates from any seed or plant that are listed in paragraphs (i) to (iv) of this subdivision.
(d) "Small grains" means any of the following kinds of agricultural seed:
(i) Wheat.
(ii) Oats.
(iii) Barley.
(iv) Rye.
(v) Spelt.
(vi) Triticale.
(e) "Turfgrass" means any agricultural grass that is used primarily for lawn or ornamental purposes and includes any of the following:
(i) Perennial ryegrasses.
(ii) Fescues.
(iii) Kentucky bluegrasses.
(iv) Annual ryegrasses.
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.199 Rescission {#sec-r-285.623.199 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.199}
Rule 199. R 285.623.1 to R 285.623.29 of the Michigan Administrative Code, appearing on pages 1274, 1276, and 1280 to 1282 of the 1979 Michigan Administrative Code and pages 217 to 223 of the 1985 Annual Supplement to the Code, are rescinded.
PART 2. FIELD CROP STANDARDS
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.201 Applications for field crop inspection and certification {#sec-r-285.623.201 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.201}
Rule 201. An application for field crop inspection and certification shall be made to the certifying agency on or before the dates specified by the certifying agency.
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.202 Isolation {#sec-r-285.623.202 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.202}
Rule 202. The seed of that portion of a crop which is to be field-inspected and which is less than 6 feet from an inseparable species, a variety of the same species, or the same variety grown from noncertified seed shall not be harvested for certification. An openpollinated crop shall be in compliance with the isolations prescribed in this part.
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.203 Field beans; field and seed standards {#sec-r-285.623.203 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.203}
Rule 203. (1) Field standards for field bean seed are as follows:
Classes of Seed Factor Foundation Certified Other varieties or off-types (maximum) .01% .01% Inseparable other crops none none Bacterial bean blight--percent of plants infected (maximum) 0.001% 0.005% Anthracnose or common bean mosaic 0.001% 0.005% (2) Seed standards for field bean seed are as follows:
Classes of Seed Factor Foundation Certified Pure seed (minimum) 99.0% 99.0% Inert matter (maximum) 1.0% 1.0% Weeds (maximum) none none Other crops (maximum) 2 per 100 pounds 5 per 100 pounds Other varieties or off-types (maximum) (20/cwt)1 (20/cwt)1 Contrasting colored varieties/ off-types (maximum) (2/cwt) (2/cwt)
Germination (minimum) 85.0% Badly damaged seed (maximum)2 1.0% Common bean mosaic virus (maximum) 3.0% 5.0% Anthracnose or bacterial blight infected seed (maximum) none none 1 Represents .01% for navy beans 2 "Badly damaged" refers to beans that are seriously injured or badly discolored by frost, weather, disease, insects, or other causes which seriously affect the seed lot.
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.204 Soybeans; field and seed standards {#sec-r-285.623.204 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.204}
Rule 204. (1) Field standards for soybean seed are as follows:
Maximum Each Class Factor Foundation Certified Other varieties or off-types .05% .1% Inseparable seed plants:
Corn (with kernels) and others none none (2) Seed standards for soybean seed are as follows:
Classes of Seed Factor Foundation Certified Pure seed (minimum) 98.5% 98.5% Inert matter (maximum) 1.5% 1.5% Weeds (maximum) none none Other crops (maximum) 1 per 3 pounds 1 per pound Other varieties or off-types (maximum) 0.1% 0.5% Germination (minimum) 80.0%
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.205 Small grains and buckwheat; field and seed standards {#sec-r-285.623.205 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.205}
Rule 205. (1) Field standards for small grain seed and buckwheat are as shown in table 205.1:
TABLE 205.1
Field Standards for Small Grain Seed and Buckwheat Factor Foundation Maximum Each Class Certified Other varieties or off-types .02% .05% Inseparable other crops 1 per acre5 per acre Buntnonenone Other smuts .5%2.0% (a) Rye, spelt, vetch, and winter barley are not permitted in wheat.
(b) Seed from fields that have more than 0.5% other smuts must be treated with a fungicide that is approved by the director.
(2) Rye must be 660 feet from fields that could be a source of contamination.
(3) Seed standards for small grain seed and buckwheat are as shown in table 205.2:
TABLE 205.2
Seed Standards for Small Grain Seed and Buckwheat FactorFoundationClass of Seed Certified Pure seed (minimum) 99.0% 99.0% Inert matter (maximum)1.0%1.0% Weeds (maximum)2 per pound2 per pound Corn cockle, chess, and noxious weeds (maximum) none None Other crops – no rye or vetch allowed (maximum) 1 per 2 pounds 2 per pound Winter crops in spring crops 5 per 2 pounds10 per pound Spring crops in winter crops 5 per 2 pounds10 per pound Other varieties or off-type same crop (maximum) .02% .05% Germination (minimum) wheat, oats, barley, or triticale 90.0% Germination (minimum) rye, spelt, or buckwheat 80.0% (a) Minimum pure seed percentage of rye or spelt is 98.0%; with inert matter at a maximum of 2.0% (b) This does not apply in such cases where climatic conditions do not take care of the situation.
History
- History: 1994 AACS; 2023 AACS.
Mich. Admin. Code R 285.623.206 Red clover and alfalfa; field and seed standards {#sec-r-285.623.206 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.206}
Rule 206. (1) Red clover or alfalfa seed shall be planted on land on which the same crop has not been previously grown for a minimum of 5 years for producing foundation seed and 2 years for producing certified seed. During the year immediately before seeding, the land shall be in a cultivated crop or fallow and shall be free of volunteer red clover or alfalfa plants as determined by field inspection. Manure or other contaminating amendments shall not be applied during the established and productive life of this stand.
(2) Any portion of a field that is not to be inspected shall be mowed before flowering.
(3) Limitations on the age of stand and pedigree classes of seed through which a variety may be multiplied shall be specified by the originator, but shall not exceed the limitations that are established by the certifying agency.
(4) Field standards for red clover and alfalfa seed are as follows:
Classes of Seed Factor Foundation Certified Other varieties or off-types (maximum)none 0.2% Other crops (maximum) none 1 plant per acre Isolation (from other red clover or alfalfa fields respectively)
(minimum) 900 ft. 165 ft.
(5) Seed standards for red clover and alfalfa seed are as follows:
Classes of Seed Factor Foundation Certified Pure seed (minimum) 99.0% 99.0% Inert matter (maximum) 1.0% 1.0% Weeds (maximum) 0.15% 0.2% Prohibited noxious (maximum) none none Docks, sheep sorrel, and restricted noxious (maximum) 9 per pound 45 per pound Other crops (maximum) 18 per pound 0.2% Sweet clover (maximum) 9 per pound 45 per pound Other varieties or off-types (maximum) 0.1% 1.0% Germination and hard seed (minimum) 85.0%
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.207 Birdsfoot trefoil {#sec-r-285.623.207 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.207}
Rule 207. (1) Birdsfoot trefoil seed shall be planted on land on which the same crop has not been previously grown for a minimum of 5 years for producing foundation seed and 2 years for producing certified seed. During the year immediately before seeding, the land shall have been in a cultivated crop or fallow and shall be free of volunteer birdsfoot trefoil plants as determined by field inspection. Manure or other contaminating amendments shall not be applied during the established and productive life of the stand.
(2) Any portion of a field that is not to be inspected shall be mowed before flowering.
(3) Limitations on the age of stand and pedigree classes of seed through which a variety may be multiplied shall be specified by the originator, but shall not exceed the limitations that are established by the certifying agency.
(4) Field standards for birdsfoot trefoil seed are as follows:
Classes of Seed Foundation Certified Less than 5 acres Less than 5 acres Factor 5 acres or more 5 acres or more Other varieties or off-types (maximum) 0.1% 0.1% 0.2% 0.2% Sweet clover (maximum) none none 1 plant 1 plant per acre per acre Isolation from flowering plants of other varieties or uninspected plants (minimum) 900 feet 600 feet 330 feet 165 feet Isolation between different seed classes of the same variety (minimum) 225 feet 150 feet 85 feet 45 feet (5) Seed standards for birdsfoot trefoil seed are as follows:
Classes of Seed Factor Foundation Certified Pure seed (minimum) 98.0% 98.0% Inert matter (maximum) 2.0% 2.0% Weeds (maximum) 0.1% 0.2% Prohibited noxious (maximum) none none Docks, sheep sorrel, and restricted noxious (maximum) 30 per pound 45 per pound Other crops (maximum) 0.2% 1.0% Other varieties or off-types (maximum) 0.1% 1.0% Sweet clover (maximum) 15 per pound 45 per pound Germination (minimum) 80.0% Germination less hard seed (minimum) 45.0%
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.208 Crownvetch {#sec-r-285.623.208 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.208}
Rule 208. (1) Crownvetch seed shall be planted on land on which the same crop has not been previously grown for a minimum of 5 years for producing foundation seed and 2 years for producing certified seed. During the year immediately before seeding, the land shall have been in a cultivated crop or fallow and shall be free of volunteer crownvetch plants as determined by field inspection. Manure or other contaminating amendments shall not be applied during the established and productive life of the stand.
(2) Any portion of a field that is not to be inspected shall be mowed before flowering.
(3) Limitations on the age of stand and pedigree classes of seed through which a variety may be multiplied shall be specified by the originator, but shall not exceed the limitations that are established by the certifying agency.
(4) Field standards for crownvetch seed are as follows:
Classes of Seed Foundation Certified Less than 5 acres Less than 5 acres Factor 5 acres or more 5 acres or more Other varieties or off-types (maximum) 1 plant 1 plant 5 plants 5 plants per acre per acre per acre per acre Sweet clover (maximum) none none 1 plant 1 plant per acre per acre Isolation from flowering plants of other varieties or uninspected plants (minimum) 900 feet 600 feet 330 feet 165 feet Isolation between different seed classes of the same variety (minimum) 225 feet 150 feet 85 feet 45 feet (5) Seed standards for crownvetch seed are as follows:
Classes of Seed Factor Foundation Certified Pure seed (minimum) 98.0% 98.0% Inert matter (maximum) 2.0% 2.0% Weeds (maximum) 0.1% 0.5% Prohibited noxious (maximum) none none Restricted noxious (maximum) 27 per pound 45 per pound Other crops (maximum) 0.2% 1.0% Sweet clover (maximum) 9 per pound 45 per pound Other varieties or off-types (maximum) 0.1% 1.0% Germination (minimum) 65.0% Germination less hard seed (minimum) 35.0%
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.209 Perennial cross-pollinated grasses (timothy, reed canarygrass, and orchardgrass) {#sec-r-285.623.209 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.209}
Rule 209. (1) Timothy, reed canarygrass, and orchardgrass seed for the production of foundation seed shall be planted where the same species has not been seeded or grown for at least 5 years.
(2) To be eligible for the production of timothy, reed canarygrass, and orchardgrass certified seed, a field shall not have grown or been seeded to the same species during the previous 2 calendar years unless either the crop was of the same variety and the same or a higher seed class and passed field inspection for certification or had been summer fallowed for 2 full seasons before seeding to another variety. Fall seeding is permitted in the second year.
(3) The certifying agency will determine the length of time that fields will be eligible for certification.
(4) Fields shall be rogued before harvest to remove off-type plants and other grasses or weeds which have seed that cannot be removed by mechanical means.
(5) Field standards for timothy, reed canarygrass, and orchardgrass seed are as follows:
Classes of Seed Factor Foundation Certified Other varieties 1 none 1:50 Isolation (feet)2 1,320 1653 1Maximum permitted ratio of plants. 2When different classes of seed of the same variety are being grown on the same or adjacent farms, the isolation requirements may be reduced to 25.0% of these distances. 3(a) For fields that are certifiable except for isolation, the field boundary may be established by placing permanent 5-foot posts, 90 feet from the offending field, on either edge of the field. The crop between the newly established boundary lines and the offending field may be removed after flowering as a separate field. The crop may be harvested as uncertified seed.
(b) When 2 fields are separated by a natural or permanent barrier, such as a township, county, state, or federal highway, drainage ditch, or tree or shrub row, the isolation may consist of a 15-foot strip next to the barrier that can be either destroyed by mowing after bloom, but before harvest, or harvested as uncertified seed. The barrier shall be free of headed plants of the crop being inspected.
(6) Seed standards for timothy seed are as follows:
Classes of Seed Factor Foundation Certified Pure seed (minimum) 99.0% 99.0% Total weed seeds (maximum) 0.2% 0.5% Other crop seeds (maximum) 0.2% 0.5% Other varieties (maximum) 0.1% 0.5% Other grasses (maximum) 0.1% 0.2% Inert matter (maximum) 1.0% 1.0% Prohibited weed seeds none none Restricted weed seeds (maximum) 9 per pound 9 per pound Germination (minimum) 80.0% (7) Seed standards for reed canarygrass seed are as follows:
Classes of Seed Factor Foundation Certified Pure seed (minimum) 96.0% 96.0% Total weed seeds (maximum) 0.3% 0.5% Other varieties (maximum) 0.1% 2.0% Other crop seeds (maximum) 0.2% 2.0% Inert matter (maximum) 4.0% 4.0% Prohibited weed seeds none none Restricted weed seeds (maximum) 9 per pound 9 per pound Germination (minimum) 75.0% (8) Seed standards for orchardgrass seed are as follows:
Classes of Seed Factor Foundation Certified Pure seed (minimum) 90.0% 90.0% Total weed seed (maximum) 0.3% 0.5% Other varieties (maximum) 0.1% 2.0% Other crop seeds (maximum) 0.2% 1.0% Inert matter (maximum) 10.0% 10.0% Prohibited weed seeds none none Restricted weed seeds (maximum) 9 per pound 9 per pound Germination (minimum) 85.0%
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.210 Rape {#sec-r-285.623.210 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.210}
Rule 210. (1) Rape shall be planted on land on which the same crop has not been previously grown for a minimum of 4 years for producing foundation seed and 3 years for producing certified seed.
(2) Fields that produce foundation seed shall have a minimum isolation distance of 1,320 feet from fields of any other variety of the same kind with similar erucic acid levels or from a noncertified field of the same variety.
(3) Fields that produce certified seed shall have a minimum isolation distance of 660 feet from fields of any other variety of the same kind with similar erucic acid levels or from a noncertified field of the same variety.
(4) Fields that produce foundation or certified low erucic acid types of rape seed shall have a minimum isolation distance of 2 miles from high erucic acid types. Likewise, fields that produce foundation or certified high erucic acid types of rape seed shall have a minimum isolation distance of 2 miles from low erucic acid types. Low erucic acid types of rape seed shall have an erucic acid level of 2.0% or less. The required isolation distance between fields of different classes of the same variety shall be 10 feet.
(5) Field inspections shall be made when the crop is in the flower stage and at any other time as deemed necessary by the seed-certifying agency.
(6) Field standards for rape seed are as follows:
Maximum Each Class Factor Foundation Certified Other varieties or off-types 0.05% 0.2% Inseparable other crops, Non-brassicaceae 1 plant per acre 5 plants per acre Inseparable other, Brassicaceae spp. None 1 plant per acre Blackleg, Leptosphaeria maculans .001% .005% (7) Seed standards for rape seed are as follows:
Classes of Seed Factor Foundation Certified Pure seed (minimum) 99.0% 99.0% Inert matter (maximum) 1.0% 1.0% Prohibited noxious weeds none none Restricted noxious weeds and other, Brassicaceae spp. (maximum) 1 per pound 5 per pound Other weeds (maximum) 5 per pound 15 per pound Total other crop seed (maximum) 0.05% 0.25% Other varieties and off-types 0.05% 0.25% (maximum)
Germination (minimum) 85.0% (8) All foundation and certified rape seed that is sold in Michigan is required to be tested by a method which is approved by the director of the department of agriculture and which is found to be free of virulent strains of blackleg, Leptosphaeria maculans. These test results shall be stated on the seed label.
(9) The certifying agency shall have the authority to request laboratory results from the producer for each lot of seed that is eligible for certification. These results shall be from an approved laboratory and shall indicate the erucic acid and glucosinolate content of the seed.
(10) All foundation and certified rape seed that is sold in Michigan shall be treated with an approved fungicide which is effective against seed-borne blackleg, Leptosphaeria maculans.
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.211 Lupine {#sec-r-285.623.211 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.211}
Rule 211. (1) A field shall not be eligible for certification if lupines were grown in the same field the previous year, unless the previous crop was grown from certified or foundation seed of the same variety.
(2) Field inspections shall be made when the field is in full bloom.
(3) Lupine fields that produce certified seed shall be isolated by a distance of not less than 660 feet from fields of any other variety of lupines or fields of the same variety that are not in compliance with the varietal purity requirements for certification.
(4) Field standards for lupine seed are as follows:
Maximum Each Class Factor Foundation Certified Other varieties or off-types 0.02% 0.1% (5) Seed standards for lupine seed are as follows:
Classes of Seed Factor Foundation Certified Pure seed (minimum) 98.0% 98.0% Other varieties or off-types (maximum) 0.1% 0.5% Other crop seeds (maximum) none 1 per pound Inert matter (maximum) 2.0% 2.0% Weed seeds none none Germination (minimum) 85.0%
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.212 Adzuki beans {#sec-r-285.623.212 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.212}
Rule 212. (1) One field inspection will be made before harvest on all fields of adzuki beans that are eligible for certification.
(2) Stage of inspection - the field inspection shall be made at the time of leaf drop, just before harvest.
(3) Field standards for adzuki bean seed are as follows:
Maximum Each Class Factor Foundation Certified Other variety or off-types (maximum) .05% .5% Other inseparable crops none none (4) Seed standards for adzuki bean seed are as follows:
Classes of Seed Factor Foundation Certified Pure seed (minimum) 99.0% 99.0% Inert matter (maximum) 1.0% 1.0% Weeds (maximum) none none Other crops (maximum) 1 per 3 pounds 1 per pound Other varieties or off-types (maximum) .05% .5% Germination (minimum) 90.0%
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.213 Perennial pea {#sec-r-285.623.213 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.213}
Rule 213. (1) Perennial pea seed shall be planted on land on which the same crop has not been previously grown for a minimum of 5 years for producing foundation seed and 2 years for producing certified seed. During the year immediately before seeding, the land shall have been in a cultivated crop or fallow and shall be free of volunteer perennial pea plants as determined by field inspection. Manure or other contaminating amendments shall not be applied during the established and productive life of the stand.
(2) Any portion of a field that is not to be inspected shall be mowed before flowering.
(3) Limitations on the age of stand and pedigree classes of seed through which a variety may be multiplied shall be specified by the originator, but shall not exceed the limitations that are established by the certifying agency.
(4) Field standards for perennial pea seed are as follows:
Classes of Seed Foundation Certified Less than 5 acres Less than 5 acres Factor 5 acres or more 5 acres or more Other varieties or 1 plant 1 plant 5 plants 5 plants off-types (maximum) per acre per acre per acre per acre Vetch, Vicia spp. None none 1 plant 1 plant (maximum) per acre per acre Isolation from flowering plants of other varieties or uninspected plants (minimum) 900 feet 600 feet 330 feet 165 feet Isolation between different seed classes of the same variety (minimum) 225 feet 150 feet 85 feet 45 feet (5) Seed standards for perennial pea seed are as follows:
Classes of Seed Factor Foundation Certified Pure seed (minimum) 97.0% 97.0% Inert matter (maximum) 3.0% 3.0% Weeds (maximum) 0.1% 0.5% Prohibited noxious none none Restricted noxious 27 per pound 45 per pound Other crops (maximum) 0.1% 0.1% Vetch, Vicia spp. (maximum) 10 per pound 45 per pound Other varieties or off-types (maximum) 0.1% 0.1% Germination (minimum) 60.0% Germination less hard seed (minimum) 30.0%
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.214 Foundation corn; inbred lines {#sec-r-285.623.214 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.214}
Rule 214. (1) An inbred line is a relatively true breeding strain of corn that results from not less than 5 successive generations of controlled self-fertilization with selection.
(2) Inbred increase fields must be isolated by a distance of not less than 660 feet from other corn or like color or texture and by a distance of not less than 1,320 feet from corn of a different color or texture.
However, the isolation distances must not apply when increase is by hand-pollination.
(3) Inbred lines are eligible for certification when used in the production of certified hybrids.
(4) Fields must be inspected by the certifying agency not less than 4 times during the pollinating period. Roguing for off-type plants must be performed before any pollen discharge. An inbred that has more than 0.1% definitely off-type plants or more than 1.0% of doubtful-type plants must not be certified.
(5) A seed lot of an inbred line must not have more than 0.1% definitely off-type ears or more than 0.2% ears with of-color kernels as determined by an ear inspection or winter grow out test.
History
- History: 1994 AACS; 2023 AACS.
Mich. Admin. Code R 285.623.215 Foundation corn; single cross hybrids {#sec-r-285.623.215 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.215}
Rule 215. (1) A single cross hybrid must consist of the first generation of a cross between 2 certified inbred lines.
(2) A single cross crossing field must be isolated by a distance of not less than 660 feet from other corn of like color or texture and 1,320 feet from corn of a different color of texture.
(3) All of the following field inspection standards must be complied with:
(a) Fields must be inspected by the certifying agency not less than 4 times during the pollinating period.
(b) Seed parent plants that are capable of producing viable pollen must be detasseled.
(c) When 5.0% or more of the seed parent plants in a crossing field have apparently receptive silks, the field is ineligible for certification if shedders comprise more than 0.5% of the seed parent plants on any 1 inspection or exceed an accumulative total of more than 1.0% for any 3 consecutive inspections.
(d) A shedder is a seed parent plant that has more than 1 lineal inch of tassel area with anthers shedding pollen.
(e) One or more seed parent lines growing in the same isolation and having more than 5.0% apparently receptive silks are ineligible for certification if 1 or more of the seed parent lines have more than 0.5% shedders, unless the plants in the area that have excess receptive silks are destroyed.
(f) Roguing for off-type plants must be performed before the time of pollen discharge.
(g) A crossing field in which more than 0.1% definitely off-type plants or more than 1.0% doubtful-type plants in the pollen parent have shed pollen must not be certified.
(h) At the time of the last inspection, the seed parent in a crossing field must not contain more than 0.1% definitely off-type plants or 1.0% of doubtful-type plants.
(4) A seed lot of a single cross hybrid must not have more than 0.1% definitely off-type ears or more than 0.2% ears with off-color kernels as determined by an ear inspection or winter grow out test.
History
- History: 1994 AACS; 2023 AACS.
Mich. Admin. Code R 285.623.216 Certified single cross, double cross, and 3-way hybrids {#sec-r-285.623.216 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.216}
Rule 216. (1) A double cross hybrid is the first generation of a cross between 2 single cross hybrids. A 3-way cross hybrid is the first generation of a cross between a single cross hybrid and an inbred line.
(2) A certified double cross of 3-way corn hybrid shall be produced from foundation seed (single cross or inbreds or both) that has been produced under the inspection of the official seed-certifying agency or a seed-producing agency which is recommended by the Michigan state university agricultural experiment station and the official certifying agency and which is approved by the director of the department of agriculture.
(3) All of the following isolation standards shall be complied with:
(a) A crossing field shall be so located that the seed parent is not less than 660 feet from corn of a different color or texture. When the contaminating source is the same color or texture of corn, the distance can be modified by the size of the crossing field and by planting border rows of pollen parent in accordance with the following table:
Field Size in Acres Minimum 9 or 40 or Border less 10-19 20-29 30-39 more Rows Distance 660 627 594 561 545 2 (in feet) 577 544 511 478 462 4 of seed 495 462 429 396 330 6 rows 412 379 346 313 290 8 from 330 297 264 231 214 10 other 247 214 181 165 165 12 corn 165 148 115 66 66 14 (b) Border rows to offset a lack of isolation distance shall be planted adjacent to the exposed side or sides of the crossing field and shall produce an abundance of viable pollen at the time the seed parent silks are receptive.
(c) Insufficient isolation distance can be offset by destroying a portion of the seed parent in a manner and at a time specified by the official certifying agency.
(d) Two or more hybrids may be produced in the same field if the same pollen parent is used.
(4) All of the following field inspection standards shall be complied with:
(a) The standards in this rule apply only when 5.0% or more of the seed parent plants have apparently receptive silks.
(b) Crossing fields shall be inspected by the official certifying agency not less than 3 times during the pollinating period.
(c) A crossing field is ineligible if shedders, as defined in R 285.623.215(3)(d), are more than 1.0% of the seed parent plants at any 1 inspection or if an accumulative total of more than 2.0% shedders is found on any 3 consecutive inspections.
(d) Off-type plants shall be removed before pollen discharge.
(e) Corn that is harvested from crossing fields which are found to be ineligible for certification shall not be sold for seed purposes.
(5) Both of the following seed inspection standards shall be complied with:
(a) Samples for moisture and germination determination shall be furnished to the official certifying agency after the seed has been dried and shelled by the producer.
(b) Seed shall have a minimum germination of 90.0% and a minimum purity of 99.0%.
PART 3. TURFGRASS SEED STANDARDS
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.301 Application for inspection and certification {#sec-r-285.623.301 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.301}
Rule 301. (1) An application for inspection and certification of turfgrass seed shall be made to the seed-certifying agency by May 1 of each year in which seed is produced.
(2) If a field, other than an annual ryegrass field, is not inspected by the seed-certifying agency for 2 consecutive years, it is ineligible for production of foundation or certified seed.
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.302 Isolation {#sec-r-285.623.302 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.302}
Rule 302. (1) A field that is used for the production of certified seed shall be in compliance with the minimum specified isolation distances from fields of any other variety of the same species or closely related species, unless the field is used to produce seed of the same variety and generation and is certified. A field that produces seed of the same variety, but of a different generation, shall be isolated by a distance of 25.0% of the specified distance between varieties. This standard is to apply to all turfgrass crops unless otherwise noted in the specific crop standards. An adequate distance between seed crops shall be maintained to prevent mechanical mixture.
(2) If a bluegrass variety is less than 80.0% apomictic, then a 900-foot isolation distance from other varieties is required if a field is used to produce foundation seed and a 165-foot isolation distance is required if a field is used to produce seed of a certified class.
(3) An isolation strip may be used for any of the following purposes:
(a) To produce a crop of another species.
(b) To grow the same species, but the strip shall be cut to prevent seed production.
(c) To grow the same species, but seed from the isolation strip shall be harvested separately and conditioned as uncertified. Reinspections in the field and warehouse will be made to insure that this identity is maintained.
(4) For a certified class of grass seed only, varieties that are 95.0% or more apomictic, as defined by the originating breeder, shall have the isolation distance reduced to a mechanical separation only.
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.303 Perennial ryegrass (Lolium perenne and Lolium hybridum) {#sec-r-285.623.303 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.303}
Rule 303. (1) Land shall not have grown, or have been seeded to, any other variety of perennial ryegrass during the previous 5 years to be eligible to produce foundation seed.
Land shall not have grown, or have been seeded to, any other variety of perennial ryegrass during the previous 2 years to produce certified seed unless the seed is of the same variety and class and is certified.
(2) Perennial ryegrass shall be planted in distinct rows.
(3) Limitations on the age of stand and pedigree classes of seed through which a variety may be multiplied shall be specified by the originator, but shall not exceed the limitations that are established by the certifying agency.
(4) Field standards for perennial ryegrass seed are as follows:
Classes of Seed Factor Foundation Certified Other varieties (maximum) none 1.0% Isolation1, 2, 3 Less than 5 acres (minimum) 2,640 feet 330 feet More than 5 acres (minimum) 900 feet 165 feet 1 This distance shall be maintained from all varieties of ryegrass. Diploid ryegrass varieties need not be isolated from tetraploid ryegrass varieties, except for a distance of 15 feet to prevent mechanical mixture. 2 Fields that are used to produce foundation perennial ryegrass seed shall be isolated a minimum distance of 330 feet from tall fescue. 3 See R 285.623.302 - Isolation.
(5) Seed standards for perennial ryegrass seed are as follows:
Classes of Seed Factor Foundation Certified Total ryegrass (minimum) 97.0% 97.0% Other ryegrass (maximum) 0.1% 3.0% Crop other than ryegrass (maximum) 0.1% 0.5% Total other crop including other ryegrass (maximum) 0.2% 3.5% Inert matter (maximum) 3.0% 3.0% Weed seed (maximum) 0.15% 0.5% Prohibited noxious weeds (maximum) none none Restricted noxious weeds and St. Johnswart, docks, sheep sorrel, bedstraw (maximum) 27 per pound 45 per pound Germination (minimum) 85.0%
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.304 Annual ryegrass (Lolium multiflorum and Lolium rigidum) {#sec-r-285.623.304 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.304}
Rule 304. (1) Land shall not have grown, or have been seeded to annualryegrass during the previous 5 years, unless the land was used to produceannual ryegrass seed that is of the same variety and class and iscertified. Land shall not have grown, or have been seeded to perennial ryegrass during the previous 5 years to produce foundation seed, and the previous 2 years to produce certified seed.
(2) Annual ryegrass shall be planted in distinct rows.
(3) Field standards for annual ryegrass seed are as follows:
Classes of Seed Factor Foundation Certified Other varieties (maximum) none 1.0% Isolation 1, 2, Less than 5 acres (minimum) 2,640 feet 330 feet More than 5 acres (minimum) 900 feet 165 feet 1 This distance shall be maintained from all varieties of ryegrass,either annual or perennial. Diploid ryegrass varieties need not beisolated from tetraploid ryegrass varieties, except for a distance of 15 feet to prevent mechanical mixture. 2 See R 285.623.302 - Isolation.
(4) Seed standards for annual ryegrass seed are as follows:
Classes of Seed Factor Foundation Certified Total ryegrass (minimum) 97.0% 97.0% Other ryegrass (maximum) 0.1% 3.0% Crop other than ryegrass (maximum) 0.1% 0.5% Total other crop including other ryegrass (maximum) 0.2% 2.5% Inert matter (maximum) 3.0% 3.0% Weed seed (maximum) 0.15% 0.3% Prohibited noxious weeds (maximum) none none Restricted noxious weeds and St.
Johnswart, docks, sheep sorrel, bedstraw (maximum) 27 per pound 45 per pound Germination (minimum) 90.0%
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.305 Bluegrass (Poa spp.) {#sec-r-285.623.305 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.305}
Rule 305. (1) The standards of this rule for bluegrass include Kentucky, rough, and big bluegrasses.
(2) To be eligible to produce bluegrass certified seed, land shall not have grown, or have been seeded to, bluegrass during the previous 3 years, unless the previous crop was of the same variety and class and was certified. To produce foundation seed, land shall have been free of bluegrass for 5 years.
(3) Bluegrass shall be planted in distinct rows.
(4) Limitations on the age of stand and pedigree classes of seed through which a variety may be multiplied shall be specified by the originator, but shall not exceed the limitations that are established by the certifying agency.
(5) Field standards for bluegrass seed are as follows:
Classes of Seed Factor Foundation Certified Other varieties (maximum)1 none 2.0% Isolation2, 3 (minimum) 165 feet 165 feet 1 Includes off-type plants as may be designated by the varietal description. 2 See R 285.623.302 - Isolation. 3 Mechanical isolation is required between rough bluegrass and Kentucky bluegrass.
(6) Seed standards for bluegrass seed are as follows:
Other America Varieties Merion Factor Foundation Certified Certified Pure seed (minimum) 95.0% 95.0% 92.0% Other crop (maximum) 0.1% 0.25%1 0.25%1 Inert matter (maximum) 5.0% 5.0% 8.0% Weed seed2 (maximum) 0.1% 0.3% 0.3% Prohibited noxious weeds (maximum) none none none Restricted noxious weeds and St.
Johnswart, docks, sheep sorrel, bedstraw (maximum) 27 per pound 45 per pound 45 per pound Germination (minimum) -- 75.0% 75.0% 1 Common Kentucky bluegrass is limited to 3.0% in merion, sabre, and colt rough bluegrass and 2.0% in all other varieties. 2 Annual bluegrass is not allowed in foundation seed.
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.306 Fine fescue (Festuca rubra, Sub var rubra, Fallax, Ovina var duruiscula) {#sec-r-285.623.306 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.306}
Rule 306. (1) The standards of this rule for fine fescue include chewings, red, and hard fescues.
(2) To be eligible to produce fine fescue foundation seed, land shall not have grown, or have been seeded to, this species during the previous 5 years. Land shall not have grown, or have been seeded to, fine fescue grasses during the previous 18 months to produce certified seed, unless the previous crop was of the same variety and class and was certified.
(3) Fine fescue shall be planted in distinct rows.
(4) Limitations on the age of stand and pedigree classes of seed through which a variety may be multiplied shall be specified by the originator, but shall not exceed the limitations that are established by the certifying agency.
(5) Field standards for fine fescue seed are as follows:
Classes of Seed Factor Foundation Certified Other varieties (maximum)1 none 1.0% Isolation2, 3 Less than 5 acres (minimum) 1,320 feet 330 feet More than 5 acres (minimum) 900 feet 165 feet 1 Includes off-type plants. 2 Hard fescue need not be isolated from red or chewings fescue. 3 See R 285.623.302 - Isolation.
(6) Seed standards for fine fescue seed are as follows:
Classes of Seed Factor Foundation Certified Pure seed (minimum) 98.0% 97.0% Other crop (maximum) 0.1% 0.25% Inert matter (maximum) 2.0% 3.0% Weed seed (maximum) 0.1% 0.3% Prohibited noxious weeds (maximum) none none Restricted noxious weeds and St.
Johnswart, docks, sheep sorrel, bedstraw (maximum) 27 per pound 45 per pound Germination (minimum) 85.0%
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.307 Tall fescues (Festuca arundinacea) {#sec-r-285.623.307 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.307}
Rule 307. (1) Land shall not have grown, or have been seeded to, tall fescue during the previous 5 years to be eligible to produce foundation seed. Land shall not have grown, or been seeded to, tall fescue grasses during the previous 2 years to produce certified seed, unless the previous crop was of the same variety and class and was certified.
(2) Tall fescue shall be planted in distinct rows.
(3) Limitations on the age of stand and pedigree classes of seed through which a variety may be multiplied shall be specified by the originator, but shall not exceed the limitations that are established by the certifying agency.
(4) Field standards for tall fescue seed are as follows:
Classes of Seed Factor Foundation Certified Other varieties (maximum)1 none 1.0% Isolation2, 3 Less than 5 acres (minimum) 1,320 feet 330 feet More than 5 acres (minimum) 900 feet 165 feet 1 Includes off-type plants. 2 See R 285.623.302 - Isolation. 3 Fields that are used for the production of foundation tall fescue seed shall be isolated a minimum distance of 330 feet from perennial ryegrass.
(5) Seed standards for tall fescue seed are as follows:
Classes of Seed Factor Foundation Certified Pure seed (minimum) 98.0% 98.0% Other crops (maximum) 0.1% 0.5% Inert matter (maximum) 2.0% 2.0% Weed seed (maximum) 0.3% 0.3% Prohibited noxious weeds (maximum) none none Restricted noxious weeds and St.
Johnswart, docks, sheep sorrel, bedstraw (maximum) 27 per pound 45 per pound Germination (minimum) 90.0%
PART 4. SOD QUALITY SEED STANDARDS
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.401 Labeling of sod quality for varieties of turfgrass seed {#sec-r-285.623.401 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.401}
Rule 401. In addition to the labeling requirements of Act No. 329 of the Public Acts of 1965, as amended, being S286.701 et seq. of the Michigan Compiled Laws and Act No. 221 of the Public Acts of 1959, as amended, being S286.71 et seq. of the Michigan Compiled Laws, and the rules promulgated thereunder, if seed is found to meet the sod quality standards established in R 285.623.404, the seed kinds or kinds and varieties may be labeled with the words "Michigan sod quality seed" by permanently attaching a tag to the container, as prescribed in R 285.623.402.
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.402 Description and use of tags for sod quality seed {#sec-r-285.623.402 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.402}
Rule 402. (1) The official Michigan sod quality seed tag that is referred to in R 285.623.401 shall be prepared and issued by the director, be numerically identified, and set forth the kind and variety, lot number, test date, and date of issuance. Duplicate sod quality tags shall be attached to each container of the lot of seed that qualifies as sod quality.
A person shall not attach a sod quality seed tag to any container or lot of seed that is not qualified as set forth on the tag and shall not remove a sod quality seed tag before delivery of the seed to the ultimate purchaser.
(2) An official tag shall be of a size, color, and format as determined by the director of the department of agriculture.
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.403 Application, fees, and procedure for sod quality qualifications {#sec-r-285.623.403 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.403}
Rule 403. A person who desires to have his or her seed qualify as Michigan sod quality seed shall request, in writing, that the official seed-certifying agency obtain seed samples for this purpose. If the sampling and analysis is apart from, and in addition to, the sampling and analysis that is performed by the official seed-certifying agency in its other certification activities, the person who requests the sampling and analysis shall pay, to the certifying agency, any fees as authorized by section 3 of Act No. 221 of the Public Acts of 1959, as amended, being S286.71 et seq. of the Michigan Compiled Laws. The analysis of seed samples shall be performed by authorized personnel of the official seed-certifying agency in accordance with the standards prescribed in R 285.623.404. If the sample that is subject to analysis for Michigan sod quality seed qualification is from a regularly certified seed lot, only part of which is to be qualified as Michigan sod quality seed, then a separate sample shall be required from that part of the lot to be so qualified.
History
- History: 1994 AACS.
Mich. Admin. Code R 285.623.404 Standards for sod quality certification {#sec-r-285.623.404 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.623.404}
Rule 404. (1) The seed lots that are submitted for sod quality certification shall be in compliance with all of the standards established by these rules and with standards that are established in cooperation with the seed-certifying agency.
(2) Noxious weed and crop and weed analyses shall be based on a 25-gram sample for bluegrass, except that a 10-gram sample is required for a Poa annua search, a 30-gram sample for fine fescue, and a 50-gram sample for ryegrass and tall fescue. Testing shall be discontinued when results of the tests exceed the maximum limits set forth in subrule (3) of this rule.
(3) Seed standards for Michigan sod quality seed for Kentucky bluegrass, red fescue, chewings fescue, perennial ryegrass, and tall fescue are as follows:
Minimum Minimum Maximum1 Maximum4 Kind Purity Germination Other crop Weed Perennial ryegrass 98% 90% 0.1%2 .02% Merion Kentucky 95% 80% 0.1%3 .02% bluegrass Other varieties of 97% 80% 0.1%3 .02% Kentucky bluegrass Red fescue 98% 90% 0.1% .02% Chewings fescue 98% 90% 0.1% .02% Tall fescue 98.5% 90% 0.1% .02% 1 Shall be free of ryegrass, orchardgrass, timothy, bentgrass, big bluegrass, poa trivialis, smooth bromegrass, reed canary grass, tall fescue, and clover. When the base sample is one of these kinds, the species will not be considered a contaminant; for example, ryegrass in ryegrass. 2 Certification fluorescence levels and appropriate calculations will be applied when determining levels of other crops. 3 The maximum other varieties of Kentucky bluegrass allowed is 2.0%; The maximum allowed Canada bluegrass is .02%. 4 Shall be free of all of the following:
(a) Dock, Rumex spp.
(b) Chickweed, Cerastium spp. and Stellaria media.
(c) Crabgrass, Digitaria spp.
(d) Plantain, Plantago spp.
(e) Black medic, Medicago lupulina.
(f) Annual bluegrass, Poa annua.
(g) Velvetgrass, Holcus spp.
(h) Prohibited noxious weed seeds.
History
- History: 1994 AACS.
R 285.627.1 to R 285.627.3 Regulation No. 627. Care of Nursery Stock In Sales Outlets
Mich. Admin. Code R 285.627.1 Definitions {#sec-r-285.627.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.627.1}
DEPARTMENT OF AGRICULTURE
PESTICIDE AND PLANT PESTICIDE MANAGEMENT DIVISION
REGULATION NO. 627. CARE OF NURSERY STOCK IN SALES OUTLETS
(By authority conferred on the commission of agriculture by sections 9, 176, and 178 of Act No. 380 of the Public Acts of 1965, and Act No. 189 of the Public Acts of 1931, as amended, being SS16.109, 16.276, 16.278, and 286.201 et seq. of the Michigan Compiled Laws)
Rule 1. As used in these rules:
(a) "Balled stock" means nursery stock removed from the growing site with a portion of the root system intact in a ball of the soil in which the plant was grown, the diameter and depth of such soil ball to be as specified in the publication entitled "American Standards for Nursery Stock," dated February 1, 1973, which is published by, and available from, the American Association of Nurserymen, 230 Southern Building, Washington, D.C. 20005, at a cost of $2.00. The publication may also be inspected at, or obtained from, the Michigan Department of Agriculture, Plant Industry Division, Lewis Cass Building, Post Office Box 30017, Lansing, Michigan 48909; the cost, when obtained from the department, is $2.00.
(b) "Container-grown stock" means nursery stock grown in a container, with a root system completely established in soil or other growing media.
(c) "Manufactured ball" means a bound ball of soil or other growing media in which the roots of nursery stock have been placed with the intended purpose of establishing a root system in the media.
(d) "Packaged nursery stock" means nursery stock prepared for merchandising with the roots wrapped in a moisture-holding media, other than soil, with no intention of establishing a root system in the media.
(e) "Potted stock" means nursery stock offered for sale with the root system in soil and in a rigid or semi-rigid container in which the plant was not grown and established.
History
- History: 1979 AC.
Mich. Admin. Code R 285.627.2 Storage and display conditions {#sec-r-285.627.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.627.2}
Rule 2. (1) Balled stock, container-grown stock, potted stock, and nursery stock with manufactured balls shall be kept uniformly moist by surrounding or covering the root area with nontoxic, moisture-holding materials, or by irrigation sufficient to maintain the viability and vigor of the stock, and shall be kept under temperature and light intensity conditions that permit normal growth. Balled stock and stock with manufactured balls, displayed or stored on pavement or a similar moisture-impervious surface, shall be separated from that surface by at least a 4-inch layer of, or shall be surrounded by, peat, sawdust, shingletow, soil, or other similar moisture-holding material, which shall be kept moist at all times, or shall be kept under other conditions that will assure maintenance of moisture in the ball sufficient to preserve the vigor of the plant.
(2) Bare-root nursery stock shall be kept under conditions of temperature and moisture that maintain viability. Moisture shall be supplied to the root system by high humidity conditions in storage or by covering the roots with soil, sawdust, peat, shingletow, or other moisture-holding material not toxic to plants, which covering shall be kept moist at all times.
(3) Packaged nursery stock shall be stored and displayed under conditions that preserve the vitality of the plant and insure an adequate supply of moisture to the roots at all times.
History
- History: 1979 AC.
Mich. Admin. Code R 285.627.3 Minimum indices of vitality {#sec-r-285.627.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.627.3}
Rule 3. (1) Woody stemmed deciduous nursery stock, such as fruit and shade trees, rose bushes, and flowering shrubs, shall have moist, green cambium tissue in the stem or stems and branches, and shall have viable buds or normal green, unwilted growth sufficient to permit the plant to live and grow in a form characteristic of the species or variety when planted and given reasonable care. In the case of a rose bush, each stem shall show moist, green, undamaged cambium in at least the first 8 inches above the graft. Any single stem on a rose bush not meeting this specification shall disqualify the entire plant. However, a rose bush may be pruned to comply with this specification if at least 1 stem meeting the specification remains and the grade designation, if sold by grade, is changed accordingly.
A packaged rose bush having more than 3 inches of etiolated growth from a bud shall not be sold or offered for sale.
(2) Hardy herbaceous biennials or perennials, when in a wilted, rotted, or similar condition indicative of subnormal vitality, shall not be sold or offered for sale.
(3) Nursery stock in a weakened condition, as evidenced by die-back or desiccation of foliage, or balled stock with broken or loose earthballs, broken manufactured balls, or root systems of a size smaller than established by the American standard for nursery stock, shall not be sold or offered for sale. Packaged nursery stock, potted stock, and nursery stock with manufactured balls shall meet the root spread standards established for bare-root stock.
(4) Nursery stock on display at sales outlets not meeting the foregoing minimum indices of vitality shall be restricted from sale and shall be removed from public view by the owner or person in charge.
History
- History: 1979 AC.
R 285.628.1 to R 285.628.27 Regulation No. 628. Seed Potato Certificate
Mich. Admin. Code R 285.628.1 Definitions {#sec-r-285.628.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.1}
DEPARTMENT OF AGRICULTURE
PESTICIDE AND PLANT PEST MANAGEMENT DIVISION
REGULATION NO. 628. SEED POTATO CERTIFICATION
(By authority conferred on the director of the department of agriculture by section 2 of 1959 PA 221, MCL 286.72)
Rule 1. As used in these rules:
(a) "Certifiable seed potatoes" means seed potatoes which meet or exceed the standards established in these rules, which are produced and stored as required by these rules, and which originate from a state-approved laboratory or greenhouse program that involves in vitro techniques of propagation and the subsequent production of plants or tubers under a controlled environment. Seed stock produced under these controlled conditions shall be designated nuclear. Seed originating from this program will be produced in a limited generation system of foundation-field years 1 through 5, and certified field years 1 through 6. foundation-field year 1, is the first field progeny of nuclear seed produced in a laboratory or greenhouse program. Initial explants shall be screened for the presence of pathogens by using accepted techniques.
(b) "Certification" means the act of verifying compliance with the standards or requirements specified in the regulations governing the production of seed potatoes. Except as otherwise specified, the measurement method or basis for determining compliance with the standards is visual inspection of the growing grounds and crops thereon or harvested therefrom as described in the regulation. "Certification" does not constitute a guarantee or warranty or representation that the seed potatoes to which the indicia of certification (certification tags, seals, bulk certificates) are attached, or which are otherwise represented as certified, are merchantable or fit for a particular purpose.
(c) "Certified seed" means a class of seed which meets the disease and varietal tolerances established by these rules for field year 1 through field year 6 and which is the progeny of foundation seed or the progeny of seed produced in another state or country that is certified as foundation seed or a higher class by an official seed-certifying agency in the other state or country using standards comparable to the standards established in these rules. Certified seed from other states or countries that is to be entered for certification in Michigan must meet or exceed Michigan’s certified seed standards.
(d) A “Commercial potato production” means production of potatoes for other than certified seed purposes.
(e) "Field year" means a seed potato classification designating the number of years a particular lot has been grown in the field after greenhouse propagation.
(f) "Foundation seed" means the progeny of nuclear seed or a comparable seed class approved by the certifying agency. Foundation seed shall meet the disease and varietal tolerances established in these rules for field year 1 through field year 5.
(g) "Nuclear seed stock" means propagation material, including mini-tubers and plantlets, which originated in a state-approved laboratory or greenhouse program that involves in vitro techniques and which is grown under controlled conditions.
(h) "Operation" means a seed potato enterprise where the lowest class of seed planted is certified, field year 6. It includes all land, equipment, storages, and facilities used to produce certified seed.
(i) "Seed lot" means all the seed potatoes of the same variety which are of a single class, which are of a specific seed source, and which are harvested from a field or stored together in a specific storage facility.
(j) "Seed potato" means the tuber that is used for the reproduction of the potato.
(k) "Seed potatoes eligible for certification" means any of the following:
(i) Any potato variety that has been released, named, and had its description published by the potato association of America, United States department of agriculture, or a recognized state agricultural experiment station.
(ii) Cultivars that do not have published descriptions, such as advanced lines from breeding programs and protected varieties, if the seed source is approved by the official seed-certifying agency and a plant and tuber description is provided to the official seedcertifying agency.
(iii) Lines, selections, and transgenic seed stocks which are derived from previously named and described varieties, which enter an approved tissue culture program, and which carry a trait or traits that are not visibly certifiable if the lineage is clearly substantiated by signed affidavit.
(l) "Separate operation" means a distinct production unit which has a unique and dedicated storage facility and which has equipment that is assigned only to that operation. Separate operations shall be designated at the time of application for certification.
(m) "Tolerance" means a permissible allowance for a disease, varietal mixture, or grade defect as specified in the regulations governing the certification of seed potatoes.
History
- History: 1979 AC; 1990 AACS; 1994 AACS; 2002 AACS.
Mich. Admin. Code R 285.628.2 Designation of official seed-certifying agency {#sec-r-285.628.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.2}
Rule 2. The Michigan seed potato association is designated as the official seed-certifying agency of the department of agriculture for the purpose of assisting and advising the department in carrying out the provisions of 1959 PA 221, MCL 286.71 et seq. and these rules.
History
- History: 2002 AACS.
Mich. Admin. Code R 285.628.3 Application {#sec-r-285.628.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.3}
Rule 3. (1) A person may apply for certification of seed potatoes that are eligible for certification by filing a written application with the official seed-certifying agency on or before June 10 of each year if the operation is located south of highway 55 and on or before June 20 of each year if located north of highway 55.
(2) Separate seed operations may be designated, however, the description of these separate operations shall be jointly agreed upon by the owner or manager and the official seed-certifying agency at the time of application for certification. Individual fields will not be considered separate operations in and of themselves. The owner or manager shall submit a separate application for certification for each designated operation. Each separate operation shall have a unique and dedicated storage facility, and any equipment used in the operation shall be assigned only to that operation unless the equipment is power washed and disinfected between operations. The power washing and disinfection shall be documented for future reference by the official seed-certifying agency.
History
- History: 1979 AC; 1990 AACS; 1994 AACS.
Mich. Admin. Code R 285.628.4 Conditions for certification {#sec-r-285.628.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.4}
Rule 4. (1) A seed lot that is eligible for certification shall not be certified if any of the following conditions exist:
(a) Less than all of the acreage of potatoes grown by the applicant is planted to foundation or certified seed that meets Michigan standards and entered for inspection.
(b) The seed lot is planted less than 5 feet from other potatoes that are part of the certification program or less than 50 feet from other potatoes that are not part of a certification program.
(c) The seed lot is grown in a field in which weeds, insect injury, spray damage, disease, or any other factor that prevents the adequate inspection or production of certifiable seed potatoes is present.
(d) The seed lot is planted on land used for commercial potato production or that has been exposed to infection from bacterial ring rot during the preceding 2 growing seasons.
(e) The seed lot has been exposed to bacterial ring rot infection before, during, or after harvest.
(f) The seed lot is stored, graded, or handled in storage facilities that contain potatoes that were not field-inspected or potatoes that were rejected for the presence of bacterial ring rot.
(g) Severe foliar diseases including late blight, early blight, and wilt diseases such as verticillium, blackleg, and fusarium; frost injury, or any other condition that renders the seed lot undesirable for use as seed is present.
(h) Bacterial ring rot is present in a seed lot in the operation. All seed stocks of that lot are to be removed from the operation. All equipment and facilities that may have come in contact with this seed shall be cleaned and disinfected. The first lot of seed cut or planted, or cut and planted, after the infected lot is not certifiable and is not eligible for sale as certified seed for 1 growing season. These lots may be retained in the operation in the certified inspection system and may be reentered as seed that is eligible for certification the following year if bacterial ring rot is not noted. The classification level for these lots shall be retained under the normal generation system as if they were eligible for certification. All other seed lots in the operation may be certified, but shall not be sold for future seed propagation for 1 growing season. All shipping and inspection documents for these lots that are sold during the first year after disease identification shall indicate that the seed is not to be used for seed propagation. If bacterial ring rot is detected in an operation in more than 1 seed lot in the same year or in 1 seed lot 2 of 3 consecutive years, then all seed stocks shall be removed from the operation and all equipment and facilities shall be cleaned and disinfected before further certification will be issued. If bacterial ring rot is detected in an operation in more than 1 seed lot in the same year or in 1 seed lot 2 of 3 consecutive years or noncertified production occurred in the previous year of operation, then seed potatoes will not be approved for sale or transfer from the operation to other seed propagation operations for 2 growing seasons. Cutting and planting equipment is to be thoroughly cleaned and disinfected between lots and the disinfection shall be documented for future reference by the official seed-certifying agency. This documentation shall be part of the application for certification. Materials that are used to disinfect cutting and planting equipment shall be of a type labeled for bacterial disease control.
(i) Seed lots which are eligible for sale or transfer and which have not been winter-tested or laboratory-tested or for which a sample or samples have not been submitted for winter testing by an organization approved by the official seed-certifying agency or the Michigan department of agriculture.
(j) Bacterial ring rot-infected potatoes and other plant parts that might provide a source of contamination or cull potatoes from another location or farm are stored or disposed of at, or are introduced into, the operation.
(2) If a potato disease of significant impact to the seed industry is identified for which certification standards have not been established in these rules, then the director shall appoint an advisory committee to provide recommendations for appropriate certification standards and actions. The committee shall consist of 1 certified or foundation seed potato producer and 1 representative each from all of the following:
(a) The department of plant pathology and the department of crop and soil sciences at Michigan state university.
(b) The official seed-certifying agency.
(c) The Michigan department of agriculture.
(3) The signed affidavit required for the genetic material defined in R 285.628.1(j)(iii) shall be provided by the applicant to the official seed-certifying agency upon request, in order to propagate and certify this material in Michigan. The certified seed tag for this material shall specify that it has met all certification standards, except for nonvisual characteristics. The plant and tuber descriptions and any required affidavits shall be in a format approved by the official seed-certifying agency.
(4) Except as otherwise specified, the measurement method or basis for determining compliance with the stated tolerances is visual inspection of a sample of the plants or tubers in the field or lot, respectively. Further, except as specified, sample sizes are to be determined by the certification agency. Diseases, varietal mixtures, or grade defects may be present at a level in excess of specified tolerances; however, disease symptoms, varietal mixtures, and grade defects shall not be visually detectable at the time of official inspection due to numerous factors, including environmental conditions and varietal differences.
Furthermore, even the inspection of larger samples might not reveal deviations in excess of specified tolerances. Finally, with respect to the zero tolerances for such defects as varietal mixture, bacterial ring rot, root knot nematode and spindle tuber, the tolerances are chosen for reasons of convenience and practicality and are not construed to mean that the lot inspected is free of the defects. Negative inspection results mean that varietal mixture, bacterial ring rot, root knot nematode or spindle tuber were not found during the inspection process.
(5) Only seed lots produced from foundation class material or better is eligible for sale or transfer for recertification.
History
- History: 1979 AC; 1980 AACS; 1994 AACS; 2002 AACS.
Mich. Admin. Code R 285.628.4a Rescinded {#sec-r-285.628.4a omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.4a}
History
- History: 1990 AACS; 1994 AACS; 2002 AACS.
Mich. Admin. Code R 285.628.5 Official seed-certifying agency; duties {#sec-r-285.628.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.5}
Rule 5. The official seed-certifying agency shall do all of the following:
(a) Make 2 or more inspections of all fields of seed potatoes eligible for certification and all nuclear seed stock eligible for certification. An application for such certification shall be filed according to the requirements of R 285.628.3. Inspections shall be made at times when plant growth and other conditions are optimum for varietal identification and disease expression. All potato production shall have at least 1 field inspection for ring rot.
(b) Make at least 1 tuber inspection of all seed lots entered for field inspection certification.
(c) At least annually and before the establishment of each greenhouse crop, inspect storage, laboratory, greenhouse, and screenhouse facilities for proper isolation and sanitation. If both greenhouse or laboratory production and the field production are inspected by the official seed-certifying agency, then they will be considered separate production units. If only the greenhouse or laboratory production or only the field production is inspected, then it will be considered 1 unit. Storage, laboratory, greenhouse, and screenhouse inspection and testing protocols shall be approved by the director of the department of agriculture based on acceptable sanitation procedures.
(d) Collect, or cause to be collected, representative tuber or plant samples of certifiable seed potatoes for winter testing or other tests as may be required for certification.
(e) Issue certification tags, or bulk certificates for each container or bulk shipment of certifiable potatoes or, upon request by an applicant who has sold seed potatoes which must be shipped before the winter test results are known and which are otherwise certifiable, issue tags or bulk certificates for each container or bulk shipment that contains the statement that the potatoes met summer field and laboratory certification requirements but were shipped before the official winter test results were available.
(f) Apply inspection tolerances to field inspections and winter tests on the basis of visual observations, except when deemed appropriate by the certifying agency to confirm visual observations or suspected latent infections by analytical methods.
History
- History: 1979 AC; 1980 AACS; 1990 AACS; 1994 AACS;2002 AACS; 2011 AACS.
Mich. Admin. Code R 285.628.5a Nuclear, foundation-field year 1 through 5 and certified field year 1 through 6 seed lots; certification requirements {#sec-r-285.628.5a omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.5a}
Rule 5a. Seed lots of nuclear, foundation-field year 1 through 5 and certified seed shall not be certified as such if any of the following provisions apply:
(a) Less than all of the potato acreage on the farm producing such lots was planted with seed that had been certified.
(b) The following visual field inspection or laboratory testing tolerances for diseases and varietal mix are exceeded during any field inspections or laboratory observations:
FOUNDATION CLASS CERTIFIED CLASS
NUCLEAR/FY-
FY-2
THROUGH
FY-5
FY-1
THROUGH
FY-6
Leaf roll 0.00% 0.25% Leaf roll 0.50% Mosaics 0.00% 0.25% Mosaics 1.00% Spindle tuber 0.00% 0.00% Spindle tuber 0.00% Aggregate 0.00% 0.25% Aggregate 1.00% B.R.R. 0.00% 0.00% B.R.R. 0.00% Varietal mix 0.00% 0.10% Varietal mix 0.25% *Any varietal mixture in nuclear or foundation-field year 1 stock shall be rogued to achieve 0 (zero) tolerance.
(c) Roguing is not completed before the second inspection.
(d) The tuber samples that are winter-tested exceed the disease inspection tolerances for virus leaf roll, rugose mosaic, potato virus Y, and spindle tuber, which shall be an aggregate of 0.5 for foundation-field year 1 through foundation-field year 5, and 5.0% for certified field year 1 through certified field year 6.
History
- History: 1990 AACS; 1994 AACS; 2002 AACS.
Mich. Admin. Code R 285.628.6 Rescinded {#sec-r-285.628.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.6}
History
- History: 1979 AC; 1990 AACS; 1994 AACS; 2002 AACS.
Mich. Admin. Code R 285.628.7 Rescinded {#sec-r-285.628.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.7}
History
- History: 1979 AC; 1980 AACS; 1990 AACS; 1994 AACS.
Mich. Admin. Code R 285.628.8 Storage facilities and equipment; packaging facilities; sanitation; isolation of certifiable seed potatoes {#sec-r-285.628.8 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.8}
Rule 8. (1) All equipment and storage facilities shall be thoroughly cleaned and disinfected before use.
(2) Storage facilities, including those located at packaging sites in foundation-field year 1 through 5 and certified-field year 1 through field year 6 seed are stored, shall contain only lots of potatoes that have passed field inspection or have been rejected for reasons other than exposure to, or infection by, bacterial ring rot, if the lots are isolated from the certifiable seed potatoes. Storage facilities which are maintained by the propagator and in which nuclear seed is stored shall contain only lots of nuclear seed stock that have passed laboratory or greenhouse inspections. Each foundation and certified seed lot shall be separated by a physical barrier that will prevent the mixing of seed.
(3) Agricultural equipment that is used for noncertified potato production and processing equipment shall not be allowed to enter certified seed potato storages, processing areas, and production fields unless the equipment is power washed and disinfected.
Nonagricultural equipment shall not be allowed to enter certified seed production fields unless the equipment is power washed and disinfected. The power washing and disinfection of equipment shall be documented for future reference by the official seed-certifying agency. Materials that are used to disinfect storage and production equipment and nonagricultural equipment shall be of a type labeled for bacterial disease control.
(4) Trucks and other means of conveyance which are not owned or operated by the seed farm operator and which are used to transport certified seed potatoes from the seed farm operation shall not be cleaned on the seed farm premises.
(5) Packaging facilities and equipment used for certified seed potatoes shall be power washed and disinfected and shall be inspected and approved by the certifying agency before the facilities are used or the equipment is operated. Materials that are used to disinfect packaging facilities and equipment shall be of a type labeled for bacterial disease control.
(6) Storage and packaging facilities that are operated by someone other than the seed potato propagator shall maintain grade inspection and bulk shipment certificates, certification documents, and other records as deemed necessary by the certifying agency for each lot of seed that is stored or packaged at that facility. These documents shall be maintained for a period of not less than 4 years after the seed lot has been removed from the facility and shall be accessible to the director or the certifying agency during normal business hours.
History
- History: 1979 AC; 1990 AACS; 1994 AACS; 2002 AACS.
Mich. Admin. Code R 285.628.9 Shipping inspection {#sec-r-285.628.9 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.9}
Rule 9. Each lot of seed shall be inspected for grade at the time of shipping to complete the certification process. The inspection may be made by the federal-state inspection service or by the certifying agency. A shipping time inspection for grade shall be made each time a load of seed potatoes is transferred or shipped, unless, at the discretion of the inspector and certifying agency, the lot can be adequately assessed and certified by inspecting less than every load based on the fact that a representative portion of the lot has been inspected and approved. This overall seed lot certification requires an inspection of the initial load shipped from each lot, an overall assessment of the lot for uniformity, and at least 1 load for each purchaser. A certificate of inspection shall accompany each shipment. Inspection protocols for lot certification shall be approved by the director of the department of agriculture based on the certifying agency's ability to adequately verify the condition of the entire lot.
History
- History: 1979 AC; 1980 AACS; 1994 AACS; 2002 AACS; 2011 AACS.
Mich. Admin. Code R 285.628.10 Shipping containers; bulk shipments {#sec-r-285.628.10 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.10}
Rule 10. Seed potatoes, except those shipped in bulk, when sold shall be packed in new, clean, unused containers and sealed as required by the certifying agency and approved by the director of agriculture. Containers for bulk shipment shall be properly cleaned. A certificate for bulk shipment issued by the certifying agency shall accompany each shipment in bulk. Seed potatoes for foreign export shall be packaged to comply with the requirements of the importing country.
History
- History: 1979 AC.
Mich. Admin. Code R 285.628.11 Grades and sizes; adoption of standards by reference {#sec-r-285.628.11 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.11}
Rule 11. (1) Grades and sizes of foundation and certified classes of seed shall conform to the current United States standards for grades of seed potatoes effective March 6, 1987.
These standards are adopted in these rules by reference and are available from the Superintendent of Documents, United States Government Printing Office, Washington, DC 20402, at no cost, or from the Michigan Department of Agriculture, P.O. Box 30017, Lansing, Michigan 48909, at no cost.
(2) Blue tag grade seed potatoes shall be in compliance with the requirements of the United States no. 1 seed potato grade. The size shall be not less than 1 1/2 inches and not more than 3 1/4 inches in diameter or more than 12 ounces in weight, unless otherwise specified. If stones are present, they shall be duly noted on the grade inspection report.
(3) Yellow tag grade seed potatoes shall be in compliance with the blue tag United States no. 1 seed potato grade standards, except that, to allow for variations incident to proper grading and handling, both of the following tolerances are permitted:
(a) The allowance for sprouts may be exceeded after March 15.
(b) Twenty percent or less of the potatoes in any seed lot shall fail to meet the remaining requirements of this grade if neither of the following tolerances is exceeded:
(i) Twelve percent for external or internal defects based on the following allowances:
(A) Six percent for damage, including not more than 2 3% for serious damage due to dry or moist-type fusarium tuber rot.
(B) Six percent for serious damage due to other defects.
(C) Total serious damage shall not be more than 6%.
(ii) One percent for frozen, soft rot, or wet breakdown.
(4) All sellers and purchasers of a given lot of red tag grade seed potatoes shall jointly agree as to size and defects, except that neither of the following tolerances shall be exceeded:
(a) Six percent for damage due to dry or moist-type fusarium tuber rot, including not more than 4% for serious damage due to dry or moist-type fusarium tuber rot.
(b) One percent for frozen, soft rot, or wet breakdown.
(5) A purple tag shall be used for nuclear seed stock. All sellers and purchasers of a given lot of nuclear seed stock shall jointly agree as to size and condition.
History
- History: 1979 AC; 1980 AACS; 1990 AACS; 1994 AACS; 2002 AACS.
Mich. Admin. Code R 285.628.12 Rescinded {#sec-r-285.628.12 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.12}
History
- History: 1979 AC; 1980 AACS; 1994 AACS; 1997 AACS.
Mich. Admin. Code R 285.628.13 Modification of standards {#sec-r-285.628.13 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.13}
Rule 13. The director of the department of agriculture may modify the standards established herein for certifiable seed when due to weather, disease or any other factor the application of the standards would threaten the normal propagation of potato variety.
History
- History: 1979 AC.
Mich. Admin. Code R 285.628.14 Rescinded {#sec-r-285.628.14 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.14}
History
- History: 1979 AC; 1980 AACS; 1997 AACS.
Mich. Admin. Code R 285.628.15 Rescinded {#sec-r-285.628.15 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.15}
History
- History: 1979 AC; 1980 AACS; 1997 AACS.
Mich. Admin. Code R 285.628.16 Rescinded {#sec-r-285.628.16 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.16}
History
- History: 1979 AC; 1980 AACS; 1997 AACS.
Mich. Admin. Code R 285.628.17 Rescinded {#sec-r-285.628.17 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.17}
History
- History: 1979 AC; 1980 AACS; 1997 AACS.
Mich. Admin. Code R 285.628.18 Rescinded {#sec-r-285.628.18 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.18}
History
- History: 1979 AC; 1980 AACS; 1997 AACS.
Mich. Admin. Code R 285.628.19 Rescinded {#sec-r-285.628.19 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.19}
History
- History: 1979 AC; 1980 AACS; 1997 AACS.
Mich. Admin. Code R 285.628.20 Rescinded {#sec-r-285.628.20 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.20}
History
- History: 1979 AC; 1980 AACS; 1997 AACS.
Mich. Admin. Code R 285.628.21 Rescinded {#sec-r-285.628.21 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.21}
History
- History: 1979 AC; 1980 AACS; 1997 AACS.
Mich. Admin. Code R 285.628.22 Rescinded {#sec-r-285.628.22 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.22}
History
- History: 1979 AC; 1980 AACS; 1997 AACS.
Mich. Admin. Code R 285.628.23 Rescinded {#sec-r-285.628.23 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.23}
History
- History: 1979 AC; 1980 AACS; 1997 AACS.
Mich. Admin. Code R 285.628.24 Rescinded {#sec-r-285.628.24 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.24}
History
- History: 1979 AC; 1980 AACS; 1997 AACS.
Mich. Admin. Code R 285.628.25 Rescinded {#sec-r-285.628.25 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.25}
History
- History: 1979 AC; 1980 AACS; 1997 AACS.
Mich. Admin. Code R 285.628.26 Rescinded {#sec-r-285.628.26 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.26}
History
- History: 1979 AC; 1980 AACS; 1997 AACS.
Mich. Admin. Code R 285.628.27 Rescinded {#sec-r-285.628.27 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.628.27}
History
- History: 1979 AC; 1980 AACS; 1997 AACS.
R 285.629.1 to R 285.629.8 Regulation No. 629. Seed Potato
Mich. Admin. Code R 285.629.1 Definitions {#sec-r-285.629.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.629.1}
DEPARTMENT OF AGRICULTURE & RURAL DEVELOPMENT
PESTICIDE AND PLANT PEST MANAGEMENT DIVISION
REGULATION NO. 629: SEED POTATO CERTIFICATION
REQUIREMENTS
(By authority conferred on the department of agriculture by sections 4 and 7 of the seed potato act, 2018 PA 94, MCL 286.684 and 286.687)
Rule 1. (1) As used in these rules:
(a)“Act” means the seed potato act, 2018 PA 94, MCL 286.681 to 286.689.
(b)“Bacterial ring rot” means Clavibacter michiganensis subspecies sepedonicus.
(c)“Late blight” means Phytophthora infestans.
(d)“Potato grower” or “grower” means a person owning, leasing, managing, or in charge of any land upon which potatoes are planted and grown.
(e)“Registered grower” means a person who has notified the director of their intent to grow potatoes in this state in combined seed lots of 1 acre or more.
(f)“Material Transfer Agreement” means an agreement between a grower and a research or educational institution that provides for the transfer of seed potatoes of an experimental cultivar; restricts the use and transfer of the seed potatoes or their progeny; and includes the name of the developing institution, the name of the recipient, the name of the cultivar, and the purpose or purposes of the cultivar’s use.
(2) A term defined in the act has the same meaning when used in these rules.
History
- History: 2020 AACS.
Mich. Admin. Code R 285.629.2 General provisions {#sec-r-285.629.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.629.2}
Rule 2. (1) A grower shall register with the department through a form or process established by the director.
(2) For the purposes of sections 3, 4, and 5 of the act, MCL 286.683, 286.684, and 286.685, any person who plants 40 hundredweight of seed potatoes on at least 1 acre of land is subject to the act and all regulations promulgated thereunder.
(3) Exceptions provided to a grower pursuant to these rules carry over to the grower’s distributor.
History
- History: 2020 AACS.
Mich. Admin. Code R 285.629.3 Research exceptions to the act {#sec-r-285.629.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.629.3}
Rule 3. A research exception may be granted when 1 of the 2 following documents are provided:
(a) A Material Transfer Agreement.
(b) A signed letter from the developer stating the name and proposed planting location of the seed.
History
- History: 2020 AACS.
Mich. Admin. Code R 285.629.4 Applying for a general exception to the act; requirements {#sec-r-285.629.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.629.4}
Rule 4. (1) An application for an exception to the act must include all of the following:
(a) Name and address of applicant.
(b) Affiliation or company information.
(c) Cultivar.
(d) Location, acreage, and hundredweight for planting.
(e) Reason for exception request.
(f) Names of 3 or more certified seed growers contacted to source seed.
(g) Desired seed source.
(h) Proof of seed potato certification process, including which stage in the process the seed lot failed.
(i) Based upon the stage of failure, at least 1 of the following supporting documents:
(i) A field inspection report for either the first or the second field inspection.
(ii) Test results described by R 285.629.6(1).
(iii) A health certificate for the post-harvest (winter) test.
(iv) A shipping point inspection certificate.
(2) To be eligible for an exception to certification requirements under the act, both of the following must be true:
(a) The seed potatoes must have been certified seed the prior year and have failed certification in the current year, unless it is grown under a research exception.
(b) The applicant has contacted no fewer than 3 growers to source certified seed.
History
- History: 2020 AACS.
Mich. Admin. Code R 285.629.5 Criteria for evaluating certification exception request {#sec-r-285.629.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.629.5}
Rule 5. The advisory committee shall consider all of the following when evaluating whether to recommend an exception to the seed certification requirement under the act:
(a) The crop’s proximity to other seed potato production.
(b) The levels and types of disease present.
(c) The impact of its decision on neighboring potato farms.
(d) The impact of its decision on the applicant.
History
- History: 2020 AACS.
Mich. Admin. Code R 285.629.6 Sampling and testing requirements; disease standards for seed potatoes excepted from certification {#sec-r-285.629.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.629.6}
Rule 6. (1) If visual inspection results for the lot are not available for bacterial ring rot, late blight, or both or post-harvest tests are not available for the lot, growers must submit a 400-tuber sample for each seed lot that would plant 1 acre or a 200-tuber sample for each seed lot that would plant less than 1 acre, to a laboratory approved by the director.
(2) Seed potatoes granted an exception by the director must be free from bacterial ring rot and late blight based upon visual or laboratory testing.
(3)Growers must maintain the testing history and lab results specified in these rules as well as any documentation required by the act for a period of 2 years for each lot of seed potatoes planted.
(4)Growers are responsible for all costs associated with sampling and testing.
History
- History: 2020 AACS.
Mich. Admin. Code R 285.629.7 Random selection of growers and record review {#sec-r-285.629.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.629.7}
Rule 7. (1) The department shall select 10% of the annually registered growers at random using computer based random number generating software.
(2) The department shall conduct records inspections on the selected registered growers pursuant to the act and these rules.
History
- History: 2020 AACS.
Mich. Admin. Code R 285.629.8 Fees schedule for department services {#sec-r-285.629.8 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.629.8}
Rule 8. (1) The director shall charge an inspection fee based on the cost to the department of making the inspection and shall adjust the schedule of fees for the costs of inspection and investigation of alleged violations as required by the act and these rules.
(2) The director shall review and adjust the schedule of fees at the end of each fiscal year.
(3)The commission of agriculture and rural development shall approve all adjustments to the fees before they are adopted.
(4) In any given fiscal year, the director may only increase inspection fees by not more than an amount determined by the state treasurer to reflect the cumulative annual percentage change in the Detroit-Ann Arbor-Flint consumer price index (CPI) over the 1-year period.
(a) A fee adjustment under this rule must not exceed 5%, even if the state treasurer determines the cumulative annual change in the CPI is greater than 5%.
(b) If the cumulative annual change of the CPI over a 1-year period is less than zero, a cumulative annual percentage change of zero must be used for the adjustment.
(c) The adjustment must be rounded to the nearest dollar to set each year’s fee under this rule. However, the absolute value of the adjustment must be carried over and used to calculate the next annual adjustment.
History
- History: 2020 AACS.
R 285.633.1 to R 285.633.7 Regulation No. 633. Restricted Use Pesticides
Mich. Admin. Code R 285.633.1 Definitions {#sec-r-285.633.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.633.1}
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
PESTICIDE AND PLANT PESTICIDE MANAGEMENT DIVISION
REGULATION NO. 633. RESTRICTED USE PESTICIDES
(By authority conferred on the director of the department of agriculture by section 8325 of 1994 PA 451, MCL 324.8325 and Executive Reorganization Order No. 2011-2, MCL 285.11.)
Rule 1. (1) The terms defined in the act have the same meaning when used in these rules.
(2) "Act" means Part 83 of 1994 PA 451, MCL 324.8301 to 321.8336.
(3) "Domestic use" means application of a pesticide directly to humans or pets, or application of a pesticide in, on, or around all structures, vehicles, or areas associated with the household or home life, patient care areas of health-related institutions, or areas where children spend time.
History
- History: 1979 AC; 2016 AACS.
Mich. Admin. Code R 285.633.2 Restricted use pesticides {#sec-r-285.633.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.633.2}
Rule 2. (1) The following formulations, when used as pesticides, are restricted use pesticides:
(a) Any pesticide formulation classified by the United States Environmental Protection Agency as a restricted use pesticide.
(b) All pesticide end use formulations containing greater than 1% diuron (Chemical Absracts Service Reg. No. 330-54-1).
(2) Notwithstanding any statement to the contrary, including statements on the labels or made by the manufacturer, a restricted use pesticide enumerated in these rules is declared to be restricted in relation to its purchase, distribution, sale, and use in this state.
History
- History: 1979 AC; 1985 AACS; 2016 AACS.
Mich. Admin. Code R 285.633.3 Licenses; application {#sec-r-285.633.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.633.3}
Rule 3. (1) A person shall not sell, offer for sale, or otherwise distribute to the ultimate user a restricted use pesticide, unless a restricted use pesticide dealer's license is secured as provided in the act and these rules. A restricted use pesticide dealer shall sell those restricted pesticides as enumerated in R 285.633.2 only to users who exhibit full compliance with R 285.636.1 et seq. of the Michigan Administrative Code.
(2) A person in charge of each sales location or outlet shall apply, on a form prescribed by the director, for a license to sell restricted use pesticides for each location or outlet.
History
- History: 1979 AC.
Mich. Admin. Code R 285.633.4 License examinations {#sec-r-285.633.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.633.4}
Rule 4. (1) A person applying for a license to sell restricted use pesticides shall pass a written examination to determine his knowledge of the laws and rules governing the use and sale of pesticides and his responsibility in carrying on the business of a restricted use pesticides dealer. The examinations may be conducted at a time and place designated by the director. A score of 70 or above is required for passing. A score of less than 70 shall result in denial of a license.
(2) An applicant failing the examination may be granted a reexamination after an interview with a person or persons delegated by the director regarding his license application and a review of the examination.
History
- History: 1979 AC.
Mich. Admin. Code R 285.633.5 License renewals {#sec-r-285.633.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.633.5}
Rule 5. (1) A license expires on December 31 of each year and shall be renewed on or before January 1 of each year.
(2) A license may be renewed, on a form prescribed by the director, without an examination if the applicant meets all the qualifications set forth in the act and these rules, unless an examination is required on amendments to the act or these rules which set forth different or additional qualifications. The director may at his discretion require the reexamination of an applicant who fails to renew his license by January 1.
(3) An examination is required if the business is operated by a person who has not previously been examined.
History
- History: 1979 AC.
Mich. Admin. Code R 285.633.6 Restrictions and conditions of sales {#sec-r-285.633.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.633.6}
Rule 6. (1) A licensed restricted use pesticides dealer shall provide each purchaser of restricted use pesticides, in addition to the registered label instructions for handling, use, and safety precautions, any other information required by the director relating to safe use to avoid hazards to man and the environment.
History
- History: 1979 AC; 2016 AACS.
Mich. Admin. Code R 285.633.7 Dealers' records and reports of sales of pesticides {#sec-r-285.633.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.633.7}
Rule 7. (1) A licensed dealer shall keep a record, on forms supplied by the director, of each sale of restricted use pesticides. Such record shall be transmitted to the director monthly, and shall be due in the office of the director not later than the fifteenth day of the month following the month of sale.
(2) Records of distributions of restricted use pesticides that include all of the items in subrule (4) of this rule must be maintained by restricted use pesticide dealers and accessible from the business location of the dealer for a period of 2 years.
(3) All written and electronic documentation relating to the distribution of restricted use pesticides must be retained by the restricted use pesticide dealer until the distribution is recorded as required in subrule (2) of this rule.
(4) The records to be maintained under this rule include the following:
(a) Name and certificate number of the certified user for whom the purchase is being made.
(b) Date of sale for the product distributed.
(c) EPA registration number of the product distributed.
(d) Amount and unit of measure of the product distributed.
(e) Use code for the product distributed.
(f) Invoice number for the product distributed.
History
- History: 1979 AC; 2016 AACS.
R 285.634.1 to R 285.634.8 Regulation No. 634. Commercial Fertilizers
Mich. Admin. Code R 285.634.1 Fertilizers for agricultural crop production; specialty fertilizers micronutrient content {#sec-r-285.634.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.634.1}
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
PESTICIDE AND PLANT PEST MANAGEMENT DIVISION
REGULATION NO. 634. COMMERCIAL FERTILIZERS
By authority conferred on the director of the department of agriculture and rural development by section 8516 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.8516)
Rule 1. Plant nutrients in addition to nitrogen, phosphorus, and potassium when mentioned in any form or manner must be guaranteed. Guarantees must be made on the elemental basis. Sources of the elements guaranteed, and proof of availability must be provided to the director upon request. Except guarantees for those water-soluble nutrients labeled for hydroponic or continuous liquid feed programs, and guarantees for potting soils and lawn soils, the minimum percentages that will be accepted for registration or licensing, or both, are as follows:
ElementPercent Calcium (Ca)1.0000 Magnesium (Mg)0.5000 Sulfur (S)1.0000 Boron (B)0.0200 Chlorine (Cl)0.1000 Cobalt (Co)0.0005 Copper (Cu)0.0500 Iron (Fe)0.1000 Manganese (Mn)0.0500 Molybdenum (Mo)0.0005 Sodium (Na)0.1000 Zinc (Zn)0.0500
History
- History: 1979 AC; 2022 AACS.
Mich. Admin. Code R 285.634.2 Rescinded {#sec-r-285.634.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.634.2}
History
- History: 1979 AC; 2022 AACS.
Mich. Admin. Code R 285.634.3 Placement of micronutrient guarantees on label {#sec-r-285.634.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.634.3}
Rule 3. Only the guarantees or claims for the plant nutrients listed in R 285.634.1 will be accepted. Proposed labels and directions for the use of the fertilizer must be furnished with the application for license or registration, or both, upon request. Any of the elements listed in R 285.634.1 that are guaranteed must appear in the order listed and must immediately follow guarantees for the primary nutrients of nitrogen, phosphorus, and potassium, if present.
History
- History: 1979 AC; 2022 AACS.
Mich. Admin. Code R 285.634.4 Slowly available plant nutrients {#sec-r-285.634.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.634.4}
Rule 4. (1) A fertilizer label shall not bear a statement that connotes or implies the presence of a slowly available plant nutrient, unless the nutrient is identified.
(2) When a fertilizer label implies or connotes that the nitrogen is slowly available through the use of words such as "organic," "organic nitrogen," "ureaform," "long lasting," or similar terms, the guaranteed analysis shall indicate the percentage of water insoluble nitrogen. This requirement shall not apply to manipulated animal and composted vegetable materials distributed as such and not mixed with other materials. The label shall not bear a reference to slowly available nitrogen when water insoluble nitrogen is less than 15% of the total nitrogen.
(3) The term "coated--slow release" may be accepted as descriptive of products and shall be allowed on labeling when the manufacturer can provide acceptable data substantiating the claim.
History
- History: 1979 AC.
Mich. Admin. Code R 285.634.5 Specialty fertilizer labeling format {#sec-r-285.634.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.634.5}
Rule 5. The following information, if not appearing on the face or display side of a container in a readable and conspicuous form, shall occupy at least the upper third of a side of the container and shall be considered the label:
(a) Net weight.
(b) Brand name and grade.
(c) Guaranteed analysis:
Total nitrogen (N) _______________% ___________% Ammoniacal nitrogen (if claimed) ___________% Nitrate nitrogen (if claimed) ___________% Water insoluble nitrogen (required when terms described in R 285.634.4 are used)
Available phosphoric acid (P205) ________________% Soluble potash (K20) ________________% Additional plant nutrients (d) Sources of nutrients when shown.
(e) Potential acidity or basicity in terms of calcium carbonate equivalent per ton (if claimed).
(f) Name and address of the registrant.
History
- History: 1979 AC.
Mich. Admin. Code R 285.634.6 Soil conditioners {#sec-r-285.634.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.634.6}
Rule 6. A registration shall not be issued for a product that represents itself by label or supplemental material, leaflets, or advertising to improve the physical nature of the soil by altering the soil structure, by making soil nutrients more available, or otherwise enhancing the soil media resulting in beneficial crop response, unless the manufacturer or distributor of the product can provide scientifically acceptable data from experimentation which give reasonable assurance that such benefits as claimed can be expected to occur and are of definitive benefit to plant growth.
History
- History: 1979 AC.
Mich. Admin. Code R 285.634.7 Tonnage reporting {#sec-r-285.634.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.634.7}
Rule 7. Tonnage reports and fee payment must be on a form provided by the director of the department must be for the annual period of January 1 to December 31. The reports must cover all fertilizers, soil conditioners, and peat products sold for application in this state.
History
- History: 1979 AC; 2022 AACS.
Mich. Admin. Code R 285.634.8 Rescission {#sec-r-285.634.8 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.634.8}
Rule 8. Regulation No. 200, being R 285.200 of the Michigan Administrative Code and appearing on pages 3108 to 3111 of the 1964-65 Annual Supplements to the Code, is rescinded.
History
- History: 1979 AC.
Dairy, Feed & Produce Division Dairy, Feed & Produce Division
R 285.635.1 to R 285.635.17 Regulation No. 635. Commercial Feed
Mich. Admin. Code R 285.635.1 Definitions and terms {#sec-r-285.635.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.635.1}
DEPARTMENT OF AGRICULTURE
PESTICIDE AND PLANT PESTICIDE MANAGEMENT DIVISION
REGULATION NO. 635. COMMERCIAL FEED
(By authority conferred on the director of agriculture by section 11 of Act No. 120 of the Public Acts of 1975, being S287.531 of the Michigan Compiled Laws)
Rule 1. (1) As used in these rules:
(a) "AAFCO" means the association of American feed control officials.
(b) "Act" means Act No. 120 of the Public Acts of 1975, being S287.521 et seq. of the Michigan Compiled Laws.
(c) "Director" means the director of the department of agriculture.
(d) "Pet" means any domesticated animal normally maintained in or near the household of the owner.
(e) "Pet food" means any commercial feed prepared and distributed for consumption by pets.
(f) "Principal display panel" is that portion of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions for retail sale.
(2) Names and definitions for commercial feeds shall be the official definition of feed ingredients adopted by AAFCO, except as the director designates otherwise in specific cases. The terms used in reference to commercial feeds shall be the official feed terms adopted by AAFCO, except as the director designates otherwise in specific cases. The names, definitions, and terms adopted by AAFCO shall be from their annual publication available from their treasurer.
History
- History: 1979 AC.
Mich. Admin. Code R 285.635.2 Label format {#sec-r-285.635.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.635.2}
Rule 2. Commercial feeds, except pet foods, shall be labeled with the information prescribed in these rules.
(a) The principal display panel shall show such information in the following general format:
(i) Net weight.
(ii) Product name and brand name.
(iii) If drugs are used, the following shall appear:
(A) The word "medicated" directly following or below the product name in type size not smaller than 1/2 the type size of the product name.
(B) The purpose of medication (claim statement).
(C) The required directions for use and precautionary statements or reference to their location if the detailed feeding directions and precautionary statements required by R 285.635.11 and R 285.635.12 appear elsewhere on the label.
(D) An active drug ingredient statement listing the active drug ingredients by their established name and the amounts pursuant to R 285.635.8(4).
(iv) The guaranteed analysis of the feed as required under section 5(1)(d) of the act, including the following items, unless exempted, and in the order listed:
(A) Minimum percentage of crude protein.
(B) Maximum or minimum percentage of equivalent protein from nonprotein nitrogen as required in R 285.635.8(5).
(C) Minimum percentage of crude fat.
(D) Maximum percentage of crude fiber.
(E) Minerals, to include in the following order: Minimum and maximum percentages of calcium (Ca), minimum percentages of phosphorus (P), minimum and maximum percentages of salt (NaCl), and other minerals.
(F) Vitamins in such terms as specified in R 285.635.8(3).
(G) Total sugars as invert in dried molasses products or in products being sold primarily for their molasses content.
(H) Exemptions to the above guaranteed analysis requirements consist of the following:
-
Guarantees for minerals are not required when specific label claims do not exist and when the commercial feed contains less than 6 1/2% of total mineral elements.
-
Guarantees for vitamins are not required when the commercial feed is neither formulated for, nor represented in any manner as, a vitamin supplement.
-
Guarantees for crude protein, crude fat, and crude fiber are not required when the commercial feed is intended for purposes other than to furnish these substances or they are of minor significance relating to the primary purpose of the product, such as drug premixes, mineral or vitamin supplements, and molasses.
(b) The name of each ingredient as defined in the official definitions of feed ingredients published in the official publication of AAFCO, common or usual name, or one approved by the director, shall be used in the ingredient statement. Collective terms for the grouping of feed ingredients as defined in the official definitions of feed ingredients published in the official publication of AAFCO, in lieu of the individual ingredients, may be used if:
(i) Individual ingredients included in a collective term are not otherwise listed on the label.
(ii) The manufacturer provides the director, upon request, with a listing of individual ingredients within a defined group that are, or have been, used at manufacturing facilities distributing in or into the state.
(c) The name and principal mailing address of the manufacturer or person responsible for distributing the feed shall appear on the label. The principal mailing address shall include the street address, city, state and zip code; however, the street address may be omitted if it is shown in the current city directory or telephone directory.
(d) The information required in section 5(1)(a) to (e) of the act shall appear in its entirety on one side of the label or on one side of the container. The information required by section 5(1)(f) and (g) of the act shall be displayed in a prominent place on the label or container, but not necessarily on the same side as the above information. When the information required by section 5(1)(f) and (g) is placed on a different side of the label or container, it shall be referenced on the front side with a statement such as "see back of label for directions for use." None of the information required by section 5 of the act shall be subordinated or obscured by other statements or designs.
History
- History: 1979 AC.
Mich. Admin. Code R 285.635.3 Pet food label information {#sec-r-285.635.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.635.3}
Rule 3. Pet food shall be labeled with the information prescribed in this rule.
(a) The statement of net content and product name shall be on the principal display panel of the label. Other required information may be placed elsewhere on the label but shall be sufficiently conspicuous to render it easily readable.
(b) The label of a pet food shall specify the name and address of the place of business of the manufacturer, packer, or distributor of the pet food. The statement of the place of business shall include the street address, if any, of the place unless the street address is shown in a current city directory.
(c) The information required to appear in the "guaranteed analysis" shall be listed in the following order and in the form stipulated in R 285.635.8:
Crude protein (minimum)
Crude fat (minimum)
Crude fiber (maximum)
Moisture (maximum)
Additional guarantees shall follow moisture (d) The maximum moisture in all canned pet foods shall be guaranteed and shall not exceed 78% of the natural moisture content of the constituent ingredients of the product, whichever is greater. Pet foods consisting principally of stew, gravy, sauce, broth, juice, or a milk replacer which are so labeled, may contain moisture in excess of 78%.
(e) Guarantees for minerals are not required if a pet food is neither formulated for, nor represented in any manner as, a mineral supplement. A guarantee as may be given or required shall be expressed as the element and in units of measurement established by a recognized authority on animal nutrition such as the national research council.
(f) Guarantees for vitamins are not required if a pet food is neither formulated for, nor represented in any manner as, a vitamin supplement. A guarantee as may be given or required shall be stated in units of measurement established by a recognized authority on animal nutrition such as the national research council.
(g) A vignette, graphic, or pictorial representation of a product on a pet food label shall not misrepresent the contents of the package.
(h) The words "dog food," "cat food," or similar designations shall appear conspicuously upon the principal display panel of a pet food label.
(i) The label of a pet food shall not contain an unqualified representation or claim, directly or indirectly, that the pet food therein contained or a recommended feeding thereof, is or meets the requisites of a complete, perfect, scientific, or balanced ration for the entire life cycle or any limited stage of the life cycle of a dog or cat unless the product or feeding contains 1 of the following:
(i) Ingredients in quantities sufficient to provide the estimated nutrient requirements for all stages or any limited stage of the life of a dog or cat, which have been established by a recognized authority on animal nutrition, such as the committee on animal nutrition of the national research council.
(ii) A combination of ingredients which, if fed to a normal animal as the only source of nourishment, shall provide satisfactorily for fertility of females, gestation and lactation, normal growth from weaning to maturity without supplementary feeding, and shall maintain the normal weight of an adult animal whether working or at rest and has had its capabilities in this regard demonstrated by adequate testing for the life cycle or for the specific stage of growth claimed. The testing shall be in accord with the protocol established by the association of American feed control officials.
History
- History: 1979 AC.
Mich. Admin. Code R 285.635.4 Pet food brand and product names {#sec-r-285.635.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.635.4}
Rule 4. The brand and product name on commercial pet foods shall comply with each of the following:
(a) A flavor designation shall not be used on a pet food label unless the designated flavor is detectable by a recognized test method, or is one the presence of which provides a characteristic distinguishable by a pet. Any flavor designation on a pet food label shall either conform to the name of its source as shown in the ingredient statement or the ingredient statement shall show the source of the flavor. The word "flavor" shall be printed in the same size type and with an equal degree of conspicuousness as the ingredient term or terms from which the flavor designation is derived. A distributor of pet food employing a flavor designation or claims on the labels of the product distributed by it shall, upon request, supply verification of the designation or claimed flavor.
(b) The designation "100%" or "all" or words of similar connotation shall not be used in the brand or product name of a pet food if it contains more than 1 ingredient. However, for the purpose of this subdivision, water sufficient for processing, required decharacterizing agents, and trace amounts of preservatives and condiments shall not be considered ingredients.
(c) The terms "meat" and "meat by-products" shall be qualified by designating the animal from which the meat and meat by-products are derived unless the meat and meat by-products are from cattle, swine, sheep, and goats. For example, "horsemeat" and "horsemeat by-products."
(d) The name of a pet food shall not be derived from 1 or more ingredients of a mixture to the exclusion of other ingredients and shall not be one representing any components of a mixture of a pet food product unless all components or ingredients are ingredients included in the name as specified by subdivisions (a), (e), or (f). The name of an ingredient or combination of ingredients may be used as a part of the product name if 1 of the following exists:
(i) The ingredient or combination of ingredients is present in sufficient quantity to impart a distinctive characteristic to the product or is presented in amounts which have a material bearing upon the price of the product or upon acceptance of the product by the purchaser thereof.
(ii) It does not constitute a representation that the ingredient or combination of ingredients is present to the exclusion of other ingredients.
(iii) It is not otherwise false or misleading.
(e) If an ingredient or combination of ingredients derived from animals, poultry, or fish constitutes 95% or more of the total weight of all ingredients of a pet food mixture, the name or names of such ingredient or ingredients may form a part of the product name of the pet food provided that where more than 1 ingredient is part of such product name, then all such ingredient names shall be in the same size, style, and color print.
(f) If an ingredient or combination of ingredients derived from animals, poultry, or fish constitutes at least 25% but less than 95% of the total weight of all ingredients of a pet food mixture, the name or names of such ingredient or ingredients may form a part of the product name of the pet food only if the product name also includes a primary descriptive term such as "meatballs" or "fishcakes" so that the product name describes the contents of the product in accordance with an established law, custom, or usage or so that the product name is not misleading. All such ingredient names and the primary descriptive term shall be in the same size, style, and color print.
(g) Contractions or coined names referring to ingredients shall not be used in the brand name of a pet food unless it is in compliance with subdivisions (a), (d), (e), or (f).
History
- History: 1979 AC.
Mich. Admin. Code R 285.635.5 Brand and product names {#sec-r-285.635.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.635.5}
Rule 5. The brand and product names on commercial feeds, except pet foods, shall comply with the following:
(a) The brand or product name shall be appropriate for the intended use of the feed and shall not be misleading. If the name indicates the feed is made for a specific use, the character of the feed shall conform therewith. A mixture labeled "dairy feed," for example, shall be suitable for that purpose.
(b) Commercial, registered brand, or trade names shall not be permitted in guarantees or ingredient listings.
(c) The name of a commercial feed shall not be derived from 1 or more ingredients of a mixture to the exclusion of other ingredients and shall not be one representing components of a mixture unless all components are included in the name. If any ingredient or combination of ingredients is intended to impart a distinctive characteristic to the product which is of significance to the purchaser, the name of that ingredient or combination of ingredients may be used as a part of the brand name or product name if the ingredient or combination of ingredients is listed in the ingredient statement and the brand or product name is not otherwise false or misleading.
(d) The word "protein" shall not be permitted in the product name of a feed that contains added nonprotein nitrogen.
(e) When the name carries a percentage value, it shall be understood to signify protein or equivalent protein content only, or both, even though it may not explicitly modify the percentage with the word "protein." Other percentage values may be permitted if they are followed by the proper description and conform to generally acceptable labeling practice. When a numeral is used in the brand name, except in mineral, vitamin, or other products where the protein guarantee is nil or unimportant, it shall be preceded by the word "number," or some other suitable designation.
(f) Single ingredient feeds shall have a product name in accordance with the designated definition of feed ingredients as recognized by AAFCO, unless the director designates otherwise.
(g) The word "vitamin," a contraction thereof, or any word suggesting vitamin may be used only in the name of a feed which is represented to be a vitamin supplement, and which is labeled with the minimum content of each vitamin declared, as specified in R 285.635.8(3).
(h) The term "mineralized" shall not be used in the name of a feed, except for "trace mineralized salt." When so used, the product shall contain significant amounts of trace minerals which are recognized as essential for animal nutrition.
History
- History: 1979 AC.
Mich. Admin. Code R 285.635.8 Expression of guarantees {#sec-r-285.635.8 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.635.8}
Rule 8. (1) The guarantees for crude protein, equivalent protein from nonprotein nitrogen, crude fat, crude fiber, and mineral guarantees shall be in terms of percentage by weight.
(2) Commercial feeds containing 6 1/2% or more of total mineral elements shall include in the guaranteed analysis the minimum and maximum percentages of calcium (Ca), the minimum percentage of phosphorus (P), and, if salt is added, the minimum and maximum percentage of salt (NaCl).Minerals, expect salt (NaCl), shall be guaranteed in terms of percentage of the element. When calcium or salt guarantees, or both, are given in the guaranteed analysis, that fact shall be stated and conform to the following:
(a) When the minimum is 5.0% or less, the maximum shall not exceed the minimum by more than 1 percentage point.
(b) When the minimum is above 5.0%, the maximum shall not exceed the minimum by more than 20% and in no case shall the difference between maximum and minimum exceed 5 percentage points.
(3) Guarantees for minimum vitamin content of commercial feeds and feed supplements shall be stated on the label in milligrams per pound of feed, except that:
(a) Vitamin A, other than precursors of vitamin A, shall be stated in international units (IU) or United States Pharmacopeia (USP) per pound.
(b) Vitamin D, in products offered for poultry feeding, shall be stated in international chick units per pound. Vitamin D for other uses shall be stated in international units (IU) or United States Pharmacopeia (USP) per pound.
(c) Vitamin E shall be stated in international units (IU) or United States Pharmacopeia (USP) per pound.
(d) Guarantees for vitamin content on the label of a commercial feed shall state the guarantee as true vitamins, not compounds, with the exception of the compounds, pyridoxine hydrochloride, choline chloride, thiamine, and d-pantothenic acid.
(e) Oils and premixes containing vitamin A or vitamin D, or both, may be labeled to show vitamin content in terms of units per gram.
(4) Guarantees for drugs shall be stated in terms of percent by weight, except:
(a) Antibiotics present at less than 2,000 grams per ton, total, of commercial feed shall be stated in grams per ton of commercial feed.
(b) Antibiotics present at 2,000 grams or more per ton, total, of commercial feed shall be stated in grams per ton of commercial feed.
(c) Labels for commercial feeds which are to be fed continuously as the sole ration containing growth promotion or feed efficiency levels of antibiotics, or both, are not required to make quantitative guarantees, except as specifically noted in 21 C.F.R. part 121, chapter 1, for certain antibiotics wherein quantitative guarantees are required regardless of the level or purpose of the antibiotic.
(d) The term "milligrams per pound" may be used for drugs or antibiotics in those cases where a dosage is given in milligram in the feed directions.
(5) Commercial feeds containing added nonprotein nitrogen shall be labeled as follows:
(a) Complete feeds, supplements, and concentrates containing added nonprotein nitrogen and containing more than 5% protein from natural sources shall be guaranteed as follows:
Crude protein, minimum,_______% (This includes not more than _______% equivalent protein from nonprotein nitrogen)
(b) Mixed feed concentrates and supplements containing less than 5% protein from natural sources may be guaranteed as follows: Equivalent crude protein from nonprotein nitrogen, minimum,_______% (c) Ingredient sources of nonprotein nitrogen such as urea, di-ammonium phosphate, ammonium polyphosphate solution, ammoniated rice hulls, or other basic nonprotein nitrogen ingredients defined by AAFCO shall be guaranteed as follows:
Nitrogen, minimum,% Equivalent crude protein from nonprotein nitrogen, minimum,% (6) Mineral phosphatic materials for feeding purposes shall be labeled with the guarantee for minimum and maximum percentage of calcium, the minimum percentage of phosphorus, and the maximum percentage of fluorine.
History
- History: 1979 AC.
Mich. Admin. Code R 285.635.10 Ingredients {#sec-r-285.635.10 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.635.10}
Rule 10. (1) The name of each ingredient or collective term for the grouping of ingredients shall be the name as defined in the official definitions of feed ingredients as published in the official publication of AAFCO, or one approved by the director.
(2) The name of each ingredient shall be shown in letters or type of the same size.
(3) A reference to quality or grade of an ingredient shall not appear in the ingredient statement of a feed.
(4) The term "dehydrated" may precede the name of a product that has been artificially dried.
(5) A single ingredient product defined by AAFCO need not have an ingredient statement.
(6) When the word "iodized" is used in connection with a feed ingredient, the feed ingredient shall contain not less than 0.007% iodine, uniformly distributed.
History
- History: 1979 AC.
Mich. Admin. Code R 285.635.11 Directions for use; precautionary statements {#sec-r-285.635.11 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.635.11}
Rule 11. (1) Directions for use and precautionary statements on the labeling of commercial feeds and customer-formula feeds containing additives, including drugs, special purpose additives, or nonnutritive additives, shall:
(a) Be adequate to enable safe and effective use for the intended purposes by users without special knowledge of the purpose and use of the articles.
(b) Include all information prescribed by applicable regulations under the federal food, drug, and cosmetic act, 21 C.F.R. part 121 and part 558.
(2) Adequate directions for use and precautionary statements are required for feeds containing nonprotein nitrogen as specified in R 285.635.12.
(3) Adequate directions for use and precautionary statements necessary for safe and effective use are required on commercial feeds distributed to supply particular dietary needs or for supplementing or fortifying the usual diet or ration with a vitamin, mineral, or other dietary nutrient or compound.
History
- History: 1979 AC.
Mich. Admin. Code R 285.635.12 Nonprotein nitrogen {#sec-r-285.635.12 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.635.12}
Rule 12. (1) Urea and other nonprotein nitrogen products defined in the official publication of AAFCO are acceptable ingredients only in commercial feeds for ruminant animals as a source of equivalent crude protein and shall not be used in commercial feeds for other animals and birds.
(2) If the commercial feed contains more than 8.75% of equivalent crude protein from all forms of nonprotein nitrogen, added as such, or the equivalent crude protein from all forms of nonprotein nitrogen, added as such, exceeds 1/3 of the total crude protein, the label shall bear adequate directions for the safe use of feeds and a precautionary statement:
"CAUTION: USE AS DIRECTED"
The directions for use and the caution statement shall be in type of such size so placed on the label that they may be read and understood by ordinary persons under customary conditions of purchase and use.
(3) On labels such as those for medicated feeds which bear adequate feeding directions or warning statements, or both, the presence of added nonprotein nitrogen shall not require a duplication of the feeding directions or the precautionary statements as long as those statements include sufficient information to ensure the safe and effective use of this product due to the presence of nonprotein nitrogen.
History
- History: 1979 AC.
Mich. Admin. Code R 285.635.13 Drug and feed additives {#sec-r-285.635.13 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.635.13}
Rule 13. (1) Prior to approval of a license application, or approval of a label for commercial feed which contains additives (including drugs, other special purpose additives, or nonnutritive additives, or both), the manufacturer may be required to submit evidence to prove the safety and efficacy of thecommercial feed when used according to the directions furnished on the label.
(2) Satisfactory evidence of safety and efficacy of a commercial feed is achieved when:
(a) The commercial feed contains such additives, the use of which conforms to the requirements of the applicable regulation in the food additives regulations, 21 C.F.R.
part 121, chapter 1, or which are "prior sanctioned" or "generally recognized as safe" for such use.
(b) The commercial feed is itself a drug as defined in section 3(h) of the act and is generally recognized as safe and effective for the labeled use or is marketed subject to an application approved by the food and drug administration under 21 U.S.C. S512.
History
- History: 1979 AC.
Mich. Admin. Code R 285.635.14 Adulterants {#sec-r-285.635.14 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.635.14}
Rule 14. (1) For the purpose of section 8(1)(a) of the act, the term "poisonous or deleterious substances" includes, but is not limited to, the following:
(a) Fluorine and any mineral or mineral mixture which is to be used directly for the feeding of domestic animals and in which the fluorine exceeds 0.10% for cattle, 0.30% for sheep, 0.45% for swine, and 0.60% for poultry.
(b) Fluorine-bearing ingredients when used in such amounts that they raise the fluorine content of the total ration exclusive of hay and silages above 0.002% for cattle, 0.006% for sheep, 0.014% for swine, and 0.030% for poultry.
(c) Soybean meal, flakes, or pellets, or other vegetable meals, flakes, or pellets, which have been extracted with trichlorethylene or other chlorinated solvents.
(d) Sulfur dioxide, sulfurous acid, and salts of sulfurous acid when used in or on feeds or feed ingredients which are considered or reported to be a significant source of vitamin B1 (thiamine).
(2) Screenings or by-products of grains and seeds containing weed seeds, when used in commercial feed or sold as such to the ultimate consumer, shall be ground fine enough or otherwise treated to destroy the viability of such weed seeds so that the finished product does not contain any viable prohibited weed seeds per pound and not more than 90 viable restricted weed seeds per pound. Prohibited and restricted weed seeds shall be those defined in Act No. 329 of the Public Acts of 1965, as amended, being S286.701 et seq. of the Michigan Compiled Laws.
History
- History: 1979 AC.
Mich. Admin. Code R 285.635.15 Rescinded {#sec-r-285.635.15 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.635.15}
History
- History: 1979 AC; 2015 AACS.
Mich. Admin. Code R 285.635.16 Rescinded {#sec-r-285.635.16 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.635.16}
History
- History: 1979 AC; 2015 AACS.
Mich. Admin. Code R 285.635.17 Rescinded {#sec-r-285.635.17 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.635.17}
History
- History: 1979 AC; 2015 AACS.
Pesticide and Plant Pest Management Division Pesticide and Plant Pest Management Division
R 285.636.1 to R 285.636.17 Regulation No. 636. Pesticide Applicators
Mich. Admin. Code R 285.636.1 Definitions {#sec-r-285.636.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.636.1}
DEPARTMENT OF AGRICULTURE
PESTICIDE AND PLANT PEST MANAGEMENT DIVISION
REGULATION NO. 636. PESTICIDE APPLICATORS
(By authority conferred on the director of the department of agriculture by section 8325 of 1994 PA 451, MCL 324.8325)
Rule 1. (1) As used in these rules:
(a) "Act" means 1994 PA 451, MCL 324.8301 et seq.
(b) "Aerial application" means the application of a pesticide by aircraft.
(c) "Applicator" means a person who applies pesticides by any method for any purpose at any place.
(d) "Concentration" means the volume of pesticide formulation and the volume of carrier used to create an end use dilution.
(e) "Forest" means a concentration of trees and related vegetation in nonurban areas, which is sparsely inhabited, and infrequently used, by humans and which is characterized by natural terrain and drainage patterns.
(f) "Fumigation" means the application of pesticide gases in sealed enclosures or structures, including any of the following:
(i) Soil.
(ii) Stored grain.
(iii) Railway cars.
(iv) Trucks.
(v) Greenhouses.
(vi) Indoor areas.
(g) "Incidental use" means the application of a general use pesticide as an accompanying minor occurrence to a primary work assignment.
(h) "Licensed commercial applicator" means the owner, operator, or manager of a licensed pesticide application business.
(i) "Private registered applicator" means an applicator who applies pesticides as a scheduled and required work assignment for a private agricultural purpose.
(2) The terms defined in the act have the same meanings when used in these rules.
History
- History: 1979 AC; 1991 AACS; 2002 AACS.
Mich. Admin. Code R 285.636.2 Application for certification or registration {#sec-r-285.636.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.636.2}
Rule 2. An applicator who is required to be certified or registered under the act shall apply on a form prescribed by the director and pay the required fee. Commercial applicators shall designate the category or categories of certification or registration desired in accordance with R 285.636.3. The application and fee are void 6 months from the date the application is received.
History
- History: 1979 AC; 1991 AACS; 2002 AACS.
Mich. Admin. Code R 285.636.3 Certification or registration categories and subcategories for commercial applicators {#sec-r-285.636.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.636.3}
Rule 3. (1) Agricultural pest management. All of the following are subcategories of pesticide application for commercial applicators pertaining to agricultural pest management:
(a) Field crops. This subcategory includes applicators who use pesticides for the production of field crops, such as any of the following:
(i) Cereal grains.
(ii) Feed grains.
(iii) Beans.
(iv) Soybeans.
(v) Sugarbeets.
(vi) Forage.
(b) Vegetable crops. This subcategory includes applicators who use pesticides for the production of vegetable crops, such as any of the following:
(i) Tomatoes.
(ii) Potatoes.
(iii) Snap beans.
(iv) Celery.
(v) Onions.
(vi) Cucurbits.
(vii) Cole crops.
(viii) Sweet corn.
(c) Fruit crops. This subcategory includes applicators who use pesticides for the production of tree fruit, such as any of the following:
(i) Apples.
(ii) Cherries.
(iii) Pears.
(iv) Peaches.
(v) Plums.
(vi) Nuts. This subcategory also includes small fruit crops, such as blueberries, strawberries, grapes, and raspberries.
(d) Livestock pest management. This subcategory includes all of the following entities:
(i) Applicators who use pesticides on animals, including any of the following:
(A) Cattle.
(B) Swine.
(C) Sheep.
(D) Horses.
(E) Goats.
(F) Other livestock.
(G) Poultry.
(ii) A person who uses pesticides on or in places where animals are confined.
(iii) Doctors of veterinary medicine who are engaged in the business of applying pesticides for hire, who publicly hold themselves out as pesticide applicators, or who are engaged in the use of pesticides aside from the normal practice of veterinary medicine.
(2) Forest pest management. The following are subcategories of pesticide application for commercial applicators pertaining to forest pest management and forest products preservation:
(a) Forest pest management. This subcategory includes commercial applicators who use, or supervise the use of, pesticides in any of the following areas:
(i) Forests.
(ii) Forest nurseries.
(iii) Christmas tree plantations.
(iv) Forest seed-producing areas. This subcategory does not include commercial applicators who use, or supervise the use of, pesticides for wood preservation of forest products.
(b) Forest products preservation. This subcategory of forest pest management includes commercial applicators who use, or supervise the use of, pesticides for preserving wood products.
(3) Turf grass, ornamental plants, and shade tree pest management. This category includes the following subcategories of pesticide application for applications pertaining to turf grass pest management and ornamental plants and shade tree pest management:
(a) Turf grass pest management. This subcategory includes applicators who use pesticides to manage pests of turf grasses.
(b) Ornamental plants and shade tree pest management. This subcategory includes applicators who use pesticides to manage pests of ornamental plants in exterior areas, such as evergreens, shrubs, and shade trees.
(4) Seed treatment. This category includes applicators who use pesticides on any of the following:
(a) Seeds.
(b) Corms.
(c) Tubers.
(d) Rhizomes.
(e) Stolons.
(f) Other plant parts used for propagation.
(5) Aquatic pest management. This category includes applicators who use pesticides which are applied to lakes, ponds, streams, marshes, or ditches and tributaries which flow into them or which are applied to surfaces that contact such bodies of water to manage aquatic pests. This category does not include applicators who engage in mosquito management. This category includes the following subcategories:
(a) Swimming pools. This subcategory includes applicators who use pesticides in maintaining public or private swimming pools to manage algae, bacteria, or other swimming pool pests.
(b) Microbial pest management. This subcategory includes applicators who use pesticides in any of the following to manage bacteria, fungi, algae, or viruses:
(i) Cooling towers.
(ii) Air washers.
(iii) Evaporative condensers.
(iv) Pulp and paper mills.
(v) Sewer treatment.
(vi) Other applications.
(c) Sewer line pest management. This subcategory includes applicators who use pesticides in sewer lines for root control.
(6) Right-of-way pest management. This category includes applicators who use pesticides in the maintenance of any of the following:
(a) Public roads.
(b) Ditch banks.
(c) Electric power lines.
(d) Pipelines.
(e) Railway rights-of-way.
(f) Parking lots.
(g) Tennis courts.
(h) Similar noncrop areas.
(7) Industrial, institutional, structural, and health-related pest management. This category includes the following subcategories:
(a) General pest management. This subcategory includes applicators who use pesticides in, on, or around any of the following:
(i) Food-handling establishments.
(ii) Human dwellings.
(iii) Institutions, such as schools and hospitals.
(iv) Industrial establishments, including warehouses and grain elevators.
(v) Any other structure or adjacent areas, including public or private vehicles.
(vi) The treatment of areas or structures set forth in paragraphs (i) to (v) of this subdivision for indoor mosquito management.
(vii) The protection of stored, processed, or manufactured products. This subcategory does not include applicators who engage in the management of wood-destroying organisms as specified in subdivision (b) of this subrule.
(b) Wood-destroying organism management. This subcategory includes applicators who use pesticides in, on, or around structures for the management of wood-destroying pests, such as any of the following:
(i) Termites.
(ii) Powder post beetles.
(iii) Carpenter ants.
(iv) Wood-destroying fungi.
(c) Reserved.
(d) Vertebrate pest management. This subcategory includes applicators who use pesticides to manage vertebrate pests, such as birds, rats, or mice.
(e) Interior plant pest management. This subcategory includes applicators who use pesticides in the maintenance of plants at inside locations, such as any of the following:
(i) Homes.
(ii) Offices.
(iii) Shopping malls.
(iv) Stores.
(v) Similar sites.
(f) Mosquito management. This subcategory includes applicators who use pesticides to manage mosquitoes in an outside environment.
(g) Domestic animal pest management. This subcategory includes applicators who use pesticides to control pests associated with small domestic animals, such as cats and dogs.
(8) Public health pest management. This category includes state, federal, or other government employees who use pesticides in public health programs for the management of pests that have medical and public health importance, excluding mosquitoes.
(9) Regulatory pest management. This category includes state, federal, or other government employees who use pesticides in the management of regulated pests.
(10) Demonstration and research pest management. This category includes individuals who demonstrate to the public the proper use, and techniques of application of pesticides, who supervise the demonstrations, or who conduct field research with pesticides and, in so doing, use restricted-use pesticides.
History
- History: 1979 AC; 1991 AACS; 2002 AACS.
Mich. Admin. Code R 285.636.4 Standards for certification of commercial applicators {#sec-r-285.636.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.636.4}
Rule 4. Commercial applicators shall demonstrate a practical knowledge, by written examination, of the principles and practices of pest management, pesticide label comprehension, and the safe use of pesticides, including the general standards applicable to all categories and the standards specifically identified for each category or subcategory designated by the applicant, as set forth in 40 C.F.R. '171.4 and these rules.
These standards are adopted in these rules by reference and are available from the Superintendent of Documents, United States Government Printing Office, Washington, DC 20402, at no cost, or from the Michigan Department of Agriculture, P.O. Box 30017, Lansing, Michigan 48909, at no cost. Applicators who apply pesticides by aircraft or who apply fumigants shall be examined on the additional standards specifically identified for the methods of application as specified in subdivision (c) of this rule.
The standards for certification are as follows:
(a) All subcategory standards shall include a practical knowledge of all of the following:
(i) Relevant and associated pests.
(ii) Environmental fate of pesticides.
(iii) Pesticide formulations in use and application equipment, equipment calibration, and methods of application.
(iv) Safety procedures to protect nontarget organisms.
(v) Integrated pest management principles.
(vi) Container disposal and storage.
(vii) Worker safety.
(b) Subcategory standards for particular categories shall be as follows:
(i) Field crops (R 285.636.3(1)(a)), vegetable crops (R 285.636.3(1)(b)), fruit crops (R 285.636.3(1)(c)), and animal subcategories (R 285.636.3(1)(d)). Applicators shall demonstrate a practical knowledge of all of the following:
(A) The relevant crops or agricultural practices.
(B) Pesticide residues.
(C) Phytotoxicity where applicable.
(D) Precautions necessary to reduce farm worker exposure to pesticides.
(ii) Forest pest management category (R 285.636.3(2)). Applicators shall demonstrate a practical knowledge of all of the following:
(A) Forest pests and their life cycles and management.
(B) A general understanding of forest ecosystems.
(C) The potential effect of pesticide applications on nontarget organisms.
(iii) Forest products preservation subcategory (R 285.636.3(2)(a)). Applicators shall demonstrate a practical knowledge of all of the following:
(A) The principles and practices associated with the safe use of wood preservatives.
(B) Obtaining site information.
(C) Protecting wildlife and endangered species.
(D) Maintaining surface water quality.
(iv) Turf grass pest management subcategory (R 285.636.3(3)(a)). Applicators shall demonstrate a practical knowledge of all of the following:
(A) The maintenance of turf.
(B) Phytotoxicity.
(C) Lawn grass species.
(D) Physiological conditions.
(E) The necessary procedures and precautions associated with the application of pesticides for the maintenance of lawn grasses.
(v) Ornamental plants and shade tree pest management subcategory (R 285.636.3(3)(b)).
Applicators shall demonstrate a practical knowledge of the maintenance of ornamental plants and shade trees, including all of the following:
(A) The physiologic conditions of ornamental plants and shade trees.
(B) The calibration techniques unique to ornamental plant and shade tree pest management.
(C) The necessary procedures and precautions associated with the application of pesticides for the maintenance of shade trees and ornamental plants in the urban environment.
(vi) Seed treatment subcategory (R 285.636.3(4)). Applicators shall demonstrate a practical knowledge of the methods required to prohibit the contamination of grains that may be utilized for feed or food purposes.
(vii) Aquatic subcategory(R 285.636.3(5)). Applicators shall demonstrate a practical knowledge of all of the following:
(A) The potential for human exposure after the pesticide application.
(B) The potential for surface or groundwater contamination.
(C) The requirement for obtaining permits from the Michigan department of environmental quality.
(viii) Swimming pools subcategory (R 285.636.3(5)(a)). Applicators shall demonstrate a practical knowledge of the application techniques and water management principles associated with the treatment of swimming pools and a practical knowledge of the effects of swimming pool treatment on humans.
(ix) Microbial pest management subcategory (R 285.636.3(5)(b)). Applicators shall demonstrate a practical knowledge of the principles and practices associated with pesticide use to manage microbes, including application rates and pesticide efficiency use. In addition, applicators shall have knowledge of their responsibility to obtain discharge permits from the appropriate agencies.
(x) Sewer line pest management subcategory (R 285.636.3(5)(c)). Applicators shall demonstrate a practical knowledge of principles and practices associated with pesticide use to manage root growth in sewer lines.
(xi) Right-of-way pest management subcategory (R 285.636.3(6)). Applicators shall demonstrate a practical knowledge of vegetation management principles with an emphasis on application techniques to protect surface water.
(xii) General pest management subcategory (R 285.636.3(7)(a)). Applicators shall demonstrate a practical knowledge of all of the following:
(A) A wide variety of pests, including all of the following with respect to pests:
(1) Their life cycles.
(2) Types of formulations appropriate for their management.
(3) Methods of application that avoid all of the following:
(a) The contamination of food.
(b) Damage and contamination of habitat.
(c) Exposure of people and pets.
(B) The specific factors that may lead to a hazardous condition, including exposure to pesticides in the various situations encountered in this category.
(C) Indoor environmental conditions and the necessary procedures and precautions associated with the application of pesticides for the management of indoor pests in an urban environment.
(xiii) Wood-destroying organism management subcategory (R 285.636.3(7)(b)).
Applicators shall demonstrate a practical knowledge of all of the following:
(A) Wood-destroying organisms and their life cycles.
(B) The proper methods of pesticide application.
(C) The specific factors that may lead to human exposure or to contamination of groundwater, indoor air, or other components of the environment.
(xiv) Vertebrate pest management subcategory (R 285.636.3(7)(d)). Applicators shall demonstrate a practical knowledge of the principles associated with the management of birds and other vertebrates, such as rats, mice, bats, tree squirrels, ground squirrels, skunks, moles, and snakes, and shall have knowledge of all of the following:
(A) Domestic animal, wildlife, and endangered species protection.
(B) Department of natural resources permits.
(C) Practices and precautions pertinent to the issues concerning the application of pesticides in urban environments.
(xv) Interior plant pest management subcategory (R 285.636.3(7)(e)). Applicators shall demonstrate a practical knowledge of physiological conditions associated with the maintenance of interior plants, including all of the following:
(A) Plant phytotoxicity and persistence of pesticides.
(B) Indoor air contamination.
(C) Drift.
(D) Calibration.
(E) General hazards to humans in an enclosed environment.
(xvi) Mosquito management subcategory (R 285.636.3(7)(f)). Applicators shall demonstrate a practical knowledge of the principles associated with the management of mosquitoes, including all of the following:
(A) Their life cycles.
(B) Types of formulations appropriate for their management.
(C) Methods of application.
(D) Possible effects on water quality.
(E) The potential health effects on humans in the target area.
(xvii) Domestic animal pest management (R 285.636.7(g)). Applicators shall demonstrate a practical knowledge of the management of pests associated with small domestic animals, including, but not limited to, fleas and ticks.
(xviii) Public health pest management (R 285.636.3(8)). Applicators shall demonstrate a practical knowledge of the management of pests that have medical and public health importance, including their life cycles and habitats, and have a practical knowledge including all of the following:
(A) A variety of indoor and outdoor environments.
(B) Effects of large-scale pesticide application on human populations.
(C) The necessary procedures and precautions associated with the application of pesticides in an urban environment.
(xix) Regulatory pest management (R 285.636.3(9)). Applicators shall demonstrate a practical knowledge of regulatory pest management, including all of the following:
(A) Specific life cycles of the pest to be managed and appropriate management techniques.
(B) The potential impact of pesticide applications to nontarget areas or organisms.
(C) Structure and responsibility of cooperating state and federal agencies.
(D) General public notification procedures.
(xx) Demonstration and research pest management (R 285.636.3(10)). Applicators shall be certified in the category or subcategory as required by R 285.636.3 and shall demonstrate a practical knowledge, including all of the following:
(A) Procedures required for conducting demonstration and research plots.
(B) Various methods of data analysis.
(C) Necessary precautions for ensuring commodity security and destruction, if required.
(D) Detailed knowledge of the state and federal pesticide registration process.
(c) Additional certification standards are as follows:
(i) Aerial applicators. Applicators who apply pesticides by aircraft shall demonstrate a practical knowledge of the techniques of aerial application and applicable federal aviation administration regulations. Practical knowledge is required concerning nontarget injury that may result from the aerial application of pesticides.
(ii) Fumigation. Applicators shall demonstrate a practical knowledge of the principles and methods of fumigation. Practical knowledge is required concerning all of the following:
(A) Toxicity.
(B) The potential for environmental contamination.
(C) Applicator personal protection.
(D) Human exposure.
(E) Nontarget injury that may result from the use of pesticide gases in any environment.
(d) Applicators who request certification for a method of application that differs in part from one of the established categories set forth in R 285.636.3 shall demonstrate a practical knowledge of such standards determined by the director as being applicable to the method of application described by the applicant. Such standards prescribed by the director shall include the general standards applicable to all categories and the standards specifically identified as appropriate for the applicant's method of application.
History
- History: 1979 AC; 1991 AACS; 2002 AACS.
Mich. Admin. Code R 285.636.5 Standards for certification of private applicators {#sec-r-285.636.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.636.5}
Rule 5. Private applicators shall demonstrate a practical knowledge of the principles and practices of pest management and the safe use of pesticides, including the standards for certification of private applicators set forth in 40 C.F.R. '171.5. These standards are adopted in these rules by reference and are available from the Superintendent of Documents, United States Government Printing Office, Washington, DC 20402, at no cost, or from the Michigan Department of Agriculture, P.O. Box 30017, Lansing, Michigan 48909, at no cost. In addition, private applicators who apply pesticides by aircraft or apply pesticides by fumigation shall demonstrate a practical knowledge of the additional standards specifically identified for those methods of application in R 285.636.4(c). Private applicators include apiarists who apply restricted use pesticides to their own colonies for the management of bee diseases or parasites. Bee disease is defined in section 1 of 1976 PA 412, MCL 286.801.
History
- History: 1979 AC; 1991 AACS; 2002 AACS.
Mich. Admin. Code R 285.636.6 Certification examinations {#sec-r-285.636.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.636.6}
Rule 6. (1) Certification examinations shall be conducted at a time and place designated by the director. A score of 70% or above is required for passing any written examination.
A score of less than 70% on the general standards examination shall result in denial of certification. Failure of a category or method of application examination shall result in denial of certification for that category or method of application. A reexamination may be requested and shall be given within the 1-year application period.
(2) An oral fact-finding interview for private applicators, as provided by the act, shall consist of oral standardized questions developed by the Michigan state university cooperative extension service and approved by the pesticide advisory committee. Such questions shall address the standards of competency for private applicators set forth in the provisions of 40 C.F.R. S171.5. The oral fact finding interview may restrict the applicator to use only a certain type of equipment or pesticide.
History
- History: 1979 AC; 1991 AACS.
Mich. Admin. Code R 285.636.7 Certificate of competence; credentials; issuance; expiration; renewal; replacement; certification in additional category or method {#sec-r-285.636.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.636.7}
Rule 7. (1) A qualified applicant for initial certification or registration shall be issued certification or registration credentials that are valid until December 31 of the third year after the year of issuance unless the director suspends or revokes the credential. A qualified applicant for recertification or reregistration shall be issued certification or registration credentials that are valid until December 31 of the third year after expiration of the previous credential unless the director suspends or revokes the credential.
(2) Commercial applicator certification and registration credentials shall show the categories and applicable methods of application specified in R 285.636.4(b) and R 285.636.4(c) for which the person has demonstrated competence.
(3) Private applicator certification or registration credentials shall show the applicable methods of application specified in R 285.636.4(c) for which the person has demonstrated competence.
(4) Certification or registration may be renewed by applying on a form prescribed by the director, by submitting the application fee prescribed by the act, and upon a determination that the applicant has met the qualifications established by the act and these rules. To assure that certified or registered applicators maintain competence in the use of pesticides, the director, as a condition for renewal, may require verifiable attendance at designated training meetings or may require an examination on changes in pesticide application technology or use patterns pertinent to the certification or registration category, or may require both.
(5) A certified or registered applicator who desires certification or registration in an additional category may apply on a form prescribed by the director. The application form shall be accompanied by the application fee established by the act. Upon satisfactory completion of the examination or training for the category or method as required by R 285.636.6, and upon surrender of the certification or registration credential, the applicant shall be issued a replacement certification or registration credential that shows the additional category and the expiration date of the replaced credential.
(6) An applicant who desires to renew his or her credential by seminar shall earn all renewal credits before the expiration of the credential.
History
- History: 1979 AC; 1982 AACS; 1991 AACS; 2002 AACS.
Mich. Admin. Code R 285.636.8 Registered applicator standards {#sec-r-285.636.8 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.636.8}
Rule 8. (1) All registered applicators shall demonstrate, by examination, practical knowledge of the basic principles and practices of pest management, pesticide label comprehension, and the safe use of pesticides as set forth in R 285.636.4 and receive verifiable training as set forth in subrule (3) of this rule.
(2) All of the following general standards will be the basis of the examination:
(a) Appropriate procedures for the application of pesticides, including both of the following:
(i) Knowledge of various formulations of pesticides and proper methods of application.
(ii) The relationship of pesticide application to proper use, unnecessary use, and misuse.
(b) Label and labeling comprehension, including all of the following:
(i) The general format and terminology of pesticide labels and labeling.
(ii) Understanding instructions, classifications, warnings, terms, symbols, and other information commonly appearing on pesticide labels.
(iii) Understanding the requirements of pesticide use consistent with the label.
(c) Pest identification and pest management, including both of the following:
(i) Knowledge of general insect, disease, and weed characteristics used for identification.
(ii) Integrated pest management and its techniques.
(d) Safety factors, including all of the following:
(i) Pesticide toxicity and common routes of exposure.
(ii) Precautions necessary to prevent injury to applicators and other individuals, including the appropriate use of protective clothing and equipment.
(iii) Symptoms of pesticide poisoning.
(iv) First aid and means of obtaining emergency medical treatment in case of an accident.
(e) The potential environmental consequences of the use and misuse of pesticides as they may be influenced by such factors as environmental fate of pesticides and their effect on nontarget organisms.
(f) Applicable state and federal laws and regulations.
(3) Training programs for commercial registered applicators shall be approved by the director, be category-specific, and, include training in all of the following areas:
(a) Relevant and associated pests commonly encountered by the applicator.
(b) The environmental fate of pesticides.
(c) Pesticide formulations in use as well as application equipment, equipment calibration, and methods of application.
(d) Safety procedures to protect nontarget organisms.
(e) Integrated pest management principles.
(f) Container disposal and storage.
(g) Worker safety.
(4) Noncertified or nonregistered applicators may apply general use pesticides as part of an approved training program for a period of 2 consecutive weeks, while under the direct supervision of a certified applicator. The approved trainer shall notify the director when the 2-week pesticide application period begins using a form and procedure approved by the director. Noncertified and nonregistered applicators shall not apply pesticides until the director has received the notification prescribed in this rule. The noncertified or nonregistered applicator shall have in his or her possession a copy of the notification form and display the copy to the director upon request.
(5) Training programs for private registered applicators shall be approved by the director and may include training courses as offered by the cooperative extension service that address relevant topics.
History
- History: 1979 AC; 1982 AACS; 1991 AACS; 2002 AACS.
Mich. Admin. Code R 285.636.9 Examination requirements for registration {#sec-r-285.636.9 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.636.9}
Rule 9. (1) Examination of registered commercial applicators shall be by either of the following methods:
(a) Written examination administered by the director or his or her representative. A score of 70% is required for passing.
(b) At the discretion of the director, an oral fact-finding interview may be administered when a person is unable to demonstrate competency by written examination. The person will be limited to a specific general-use pesticide and a specific application technique. The person shall be directly supervised by a certified applicator at all times.
(2) Private registered applicator examinations may include 1 of the following:
(a) Self-study and examination administered by the director or his or her designee. A score of 70% is required for passing.
(b) Classroom training and examination administered by the director or his or her designee. A score of 70% is required for passing.
(c) An oral fact-finding interview administered by an authorized representative of the director when a person is unable to demonstrate competence by examination or classroom training.
History
- History: 1979 AC; 1991 AACS.
Mich. Admin. Code R 285.636.10 Rescinded {#sec-r-285.636.10 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.636.10}
History
- History: 1979 AC; 1991 AACS; 2002 AACS.
Mich. Admin. Code R 285.636.11 Standards for trainers of certified and registered applicators {#sec-r-285.636.11 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.636.11}
Rule 11. (1) A trainer of certified or registered applicators shall be a certified applicator with a minimum of 2 years of experience and shall have successfully completed a training program approved by the director. The trainer's program will include an overview of all of the following:
(a) The required program content for pesticide applicator training.
(b) Procedures for verifying, and the responsibility of the trainer to verify, training.
(c) Submission of necessary forms for the registration or certification of applicators.
(d) The various methods of effective communication for the presentation of educational material.
(2) A trainer of certified or registered applicators may also be any other person who is authorized by the director.
History
- History: 1979 AC; 1991 AACS.
Mich. Admin. Code R 285.636.12 Application for license {#sec-r-285.636.12 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.636.12}
Rule 12. (1) Application for a license to engage in the business of applying pesticides shall be made on a form prescribed by the director. The applicant shall be a certified applicator or shall employ a certified applicator to apply, or supervise the application of, pesticides. The certified applicator named on the license application shall not represent more than 1 licensee or place of business. The licensee shall notify the director of any changes relative to the status of a certified applicator named on the license application.
(2) A license application shall be accompanied by a certificate from an insurance company or an approved surplus lines company authorized to do business in this state which sets forth the insurance limits prescribed in R 285.636.14. The certificate shall be in effect for the entire license period or for the generally recognized time period in which the pesticide applications may occur.
(3) When an assumed name is used on an application, then the application for a license shall be accompanied by a registered assumed name certificate.
(4) A foreign corporation shall attach to the license application a certificate of authority to transact business in the state of Michigan which is issued from the corporation and securities bureau of the department of consumer and industry services under 1972 PA 284, MCL 450.1101 et seq.
(5) A new licensee shall comply with the experience requirements set forth in section 8313 of the act. The director shall review and verify the contents of a notarized statement that documents that the applicator has complied with the experience requirements as required by the act. Any false or misleading statements will be cause for license denial, suspension, or revocation.
History
- History: 1979 AC; 1991 AACS; 2002 AACS.
Mich. Admin. Code R 285.636.13 License renewals {#sec-r-285.636.13 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.636.13}
Rule 13. A license may be renewed on the form prescribed by the director if the applicant meets all of the qualifications set forth in the act and these rules.
History
- History: 1979 AC; 1991 AACS.
Mich. Admin. Code R 285.636.14 Financial responsibility {#sec-r-285.636.14 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.636.14}
Rule 14. (1) A licensed commercial applicator shall maintain comprehensive general liability insurance for bodily injury and property damage during the licensing period or during the period of time necessary to span a seasonal operation, except as provided in subrule (5) of this rule. The insurance shall not exclude coverage for bodily injury and property damage which arise from pesticide applications.
(2) Minimum insurance coverage for persons who are engaged in aerial application, space fumigation, or right-of-way pest management shall be $100,000.00 for each occurrence for bodily injury and $25,000.00 for each occurrence for property damage or a combined single limit of $300,000.00 for bodily injury and property damage.
(3) Minimum insurance for persons who are licensed in a category or subcategory described in R 285.636.3 shall be $100,000.00 for each occurrence for bodily injury and $25,000.00 for each occurrence for property damage, except as prescribed in subrule (2) of this rule.
(4) If an applicant is qualified for a license in 2 or more application categories with different minimum financial responsibilities, the greater requirement shall apply.
(5) A single comprehensive general liability insurance policy, as prescribed in subrules (2) and (3) of this rule, may be written to provide financial responsibility coverage for more than 1 licensed place of business owned and operated by the same person.
(6) If the required insurance coverage for a license expires or is canceled during the license period, the license shall be suspended and the licensee shall surrender the license to the director for the remainder of the licensing period or until such time as the financial responsibility requirements have been complied with.
History
- History: 1991 AACS.
Mich. Admin. Code R 285.636.15 Commercial applicator records {#sec-r-285.636.15 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.636.15}
Rule 15. (1) All commercial applicators shall maintain verifiable records of restricted-use pesticide applications for a period of not less than 3 years following the application. The records shall show all of the following information:
(a) The name and EPA registration number of the pesticide applied.
(b) Concentration of the pesticide applied.
(c) The amount of pesticide end use dilution applied.
(d) The target pest, purpose, or crop site.
(e) The date the pesticide was applied.
(f) The address or location of pesticide application.
(g) The method and the rate of application.
(2) All commercial applicators shall maintain verifiable records of general-use pesticide applications for a period of not less than 1 year following the application. Such records shall show all of the following information:
(a) The name and EPA registration number of the pesticide applied.
(b) The concentration of the pesticide applied.
(c) The amount of pesticide end use dilution applied.
(d) The target pest, purpose, or crop site.
(e) The date the pesticide was applied.
(f) The address or location of pesticide application.
(g) The method and the rate of application.
(3) It is the responsibility of the employer of the commercial applicator to maintain the verifiable record at the place of business. The application records shall be made available, upon request, to an authorized representative of the director during normal business hours.
History
- History: 1991 AACS; 2002 AACS.
Mich. Admin. Code R 285.636.16 Supervision of noncertified applicators {#sec-r-285.636.16 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.636.16}
Rule 16. (1) A certified applicator who functions in a supervisory role shall be responsible for the actions of a noncertified applicator under his or her instruction or management.
(2) A certified applicator shall provide verifiable instructions for the application of a restricted-use pesticide applied by a noncertified applicator under his or her management when the certified applicator is not required to be physically present. The verifiable instructions may be either oral or written and shall include instructions for contacting the certified applicator.
(3) The certified applicator shall be physically present to supervise the application of a pesticide by a noncertified applicator if such presence is required by the label of the pesticide being applied, by this act, or by the director.
(4) Each pilot who applies pesticides from an aircraft shall be certified pursuant to the applicable provisions of R 285.636.4.
History
- History: 1991 AACS.
Mich. Admin. Code R 285.636.17 Authorization for application of general-use pesticides by noncertified or nonregistered applicators {#sec-r-285.636.17 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.636.17}
Rule 17. Upon written application to the director and after review by the pesticide advisory committee, the director may authorize the incidental use of general-use pesticides by noncertified or nonregistered applicators if the person is not regularly engaged to apply pesticides for hire, the pesticide application is not the primary work assignment, and the pesticide application is an integral part of another operation.
History
- History: 1991 AACS.
R 285.637.1 to R 285.637.17 Regulation No. 637. Pesticide Use
Mich. Admin. Code R 285.637.1 Definitions; A to O {#sec-r-285.637.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.637.1}
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
PESTICIDE AND PLANT PEST MANAGEMENT DIVISION
REGULATION NO. 637. PESTICIDE USE
(By authority conferred on the director of the department of agriculture and rural development by section 8325 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.8325)
Rule 1. As used in these rules:
(a) "Act" means 1994 PA 451, MCL 324.8301.
(b) "Broadcast" means any application of pesticides over an area, such as a lawn, field, room, crawl space, or other such surface. The term does not include crack and crevice or spot applications made to selected plants, insects, soil, or other surfaces.
(c) "Building manager" means the person who is responsible for the building's pest management program and to whom any reporting and notification shall be made pursuant to these rules.
(d) "Commercial building" means any building or portion thereof which is not a private residence where a business is located and which is frequented by the public.
(e) "Community pesticide application" means an application of pesticides to multiple properties for which the commercial applicator does not have a service agreement with each individual property owner or resident, such as local mosquito control and gypsy moth spray programs. Apartments, town houses or condominiums are considered a single property under this definition.
(f) "Crack and crevice" means the application of insecticide into openings commonly found at expansion joints, between different elements of construction, and between equipment and floors.
(g) "Dry break" means a 1 or 2-piece 'in-line' aperture or area used for accepting or drawing liquid, which is separate from the active circulating system, and not subject to positive or negative pressure during the application process. This aperture may include a spring operated plunger device to prevent leakage in the event of shutoff valve failure.
(h)"Emergency situation" means an occurrence which is not reasonably foreseeable and which requires attention and action before the time required for notice pursuant to MCL 324.8316(3) in order to protect or enhance the health or safety of those reasonably believed to be involved with, or exposed to, the occurrence.
(i) "FIFRA" means the federal insecticide, fungicide, and rodenticide act of 1947, as amended, 7 U.S.C. §136 et seq.
(j) "Health care facility" means a facility which is not a private home and at which people may stay 1 or more nights and receive medical care, such as a hospital or nursing home.
(k) "Mixing and loading facility" means a site for commercial applicators that has the following meanings:
(i) For commercial aerial applicators, the term means the primary location in Michigan at which pesticides are repackaged, loaded, mixed, or transferred from 1 container to another.
(ii) For all other commercial applicators, the term means a location or site where pesticides are transferred from one container to another, repackaged, or mixed in dry or liquid form for over 10 days in any calendar year, but does not mean a pesticideproducing establishment as defined by FIFRA, unless the establishment also transfers, repackages, or mixes dry or liquid pesticides. Transfer between containers includes transfers to pesticide application equipment and nurse tanks. Any mixing or loading site that is owned or operated within a 1/2-mile radius of another site that is owned or operated by the same person will be considered as the same facility or site.
(l) "Multiple-use areas" means developed outdoor public recreation areas, such as, but not limited to, campgrounds, rest areas, parks, playgrounds, picnic areas, and athletic fields. The term does not include undeveloped forested areas.
(m) "Nonpowered equipment" means pesticide application equipment that pumps or disperses pesticides without utilizing a motorized power source. Examples include manual pumps, aerosols, or other non-motorized self-contained or operated spray equipment.
(n) "Off-target direct discharge" means the direct application of pesticides onto a property that is beyond the boundaries of the intended treatment area.
(o) "Off-target drift" means the physical movement of a pesticide at the time of application from the targeted site of application to any nontarget site. Off-target drift shall not include the off-target movement of a pesticide by means of erosion, volatilization, or windblown soil particles after the application of a pesticide.
(p) "Organic farm" means a location or site that is registered under MCL 286.911(4).
History
- History: 1992 AACS; 1995 AACS; 2008 AACS.
Mich. Admin. Code R 285.637.2 Definitions; P to W {#sec-r-285.637.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.637.2}
Rule 2. As used in these rules:
(a) "Pesticide-containing material" means any of the following:
(i) Any container of a pesticide product that has not been triple rinsed or the equivalent thereof.
(ii) Any rinsate that is derived from a pesticide container, pesticide application equipment, or equipment washing.
(iii) Any material that is used to collect or contain excess or spilled pesticide or rinsate.
(iv) Any mixture of pesticide and diluent.
(v) Material that is generated as a result of contact with or utilization of a pesticide in an application, containment, recovery, reuse, or treatment system. The term does not include personal protective equipment that contains pesticide residue.
(b) "Pesticide-producing establishment" means any site where a pesticide is manufactured, packaged, repackaged, prepared, processed, or held for distribution or sale.
(c) "Properties adjacent to" means properties which share a common boundary line or corner with the property to be treated or which are directly across an undivided road, stream, or right-of-way from the property to be treated.
(d) "Public building" means a building that is owned or operated by a federal, state, or local government, including public universities.
(e) "Registry" means a list of persons who must be notified before a pesticide is applied, as described in R 285.637.5.
(f) "Rinsate" means any material that may result from the rinsing of interior surfaces of pesticide containers, pesticide application equipment, or containment areas that has or may have pesticide residues.
(g) "School" means public and private schools, grades kindergarten through the twelfth grade.
(h) "Sensitive area" means any of the following:
(i) Occupied school buildings, together with any land that is part of the same property and is within 100 feet of such buildings, and including any playgrounds, athletic fields, or other such facilities which are in use at the time of the pesticide application.
(ii) Developed recreation areas that are in use and open to the public, including any of the following:
(A) Developed public or commercial campgrounds.
(B) Developed picnic areas.
(C) Marked roadside rest areas.
(D) Marked publicly owned or maintained hiking trails.
(E) Developed park and recreation facilities.
(F) Playgrounds.
(G) Other areas that are developed for organized sports or recreation.
(iii) Apiary locations.
(iv) Water bodies, including plotted streams, brooks, rivers, ponds, and lakes, if any such water body contains water at the time of the pesticide application.
(v) Organic farms as defined in R 285.637.1(p).
(vi) Health care facilities.
(vii) Commercial preschool and day-care centers that are located in buildings which are in use and identified by signs or other means and which are recognizable to the public.
(viii) Posted school bus stops which are identified by signs and which are recognizable to the public.
(i) "Space" means the application of a pesticide that is intended to discharge a pesticide into the air throughout an entire volumetric area.
(j) "Spill kit" means a portable kit or other equipment that is designed to recover, minimize, contain, or absorb spills, leaks, releases, or other discharges of pesticides.
(k) "Spot treatment" means a pesticide application to a portion of a definable area, such as floors, walls, ceilings, bases or undersides of equipment, turf, or ground. A "spot" shall not be more than 2 square feet, and the total area treated shall not exceed 20% of the definable area.
(l) "Use of a pesticide in a manner inconsistent with its label" means to use any pesticide in a manner that is not consistent with the labeling, except that the term does not apply to any of the following:
(i) Applying a pesticide at any dosage, concentration, or frequency that is less than that specified on the labeling, unless the labeling specifically prohibits deviation from the specified dosage, concentration, or frequency.
(ii) Applying a pesticide against any target pest that is not specified on the labeling if the application is to the crop, animal, or site that is specified on the labeling.
(iii) Employing any method of application that is not prohibited by the labeling unless the labeling specifically states that the product may be applied only by the methods specified on the labeling.
(iv) Mixing a pesticide or pesticides with a fertilizer when such mixture is not prohibited by the labeling.
(v) Any use of a pesticide that is in compliance with the provisions of section 5, 18, or 24 of FIFRA.
(m) "Washing or rinsing facility" means a site for commercial applicators where pesticides and pesticide-containing materials are cleaned, washed, or rinsed from containers or from pesticide application, handling, storage, or transportation equipment for more than 10 days in any calendar year.
(n) "Wash water" means water that is used to wash exterior surfaces of application, handling, storage, or transportation equipment where pesticide residues are likely to occur.
History
- History: 1992 AACS; 1995 AACS; 2008 AACS.
Mich. Admin. Code R 285.637.3 Terms defined in act {#sec-r-285.637.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.637.3}
Rule 3. Terms defined in the act have the same meanings when used in these rules.
History
- History: 1992 AACS; 2008 AACS.
Mich. Admin. Code R 285.637.4 Standards for pesticide use {#sec-r-285.637.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.637.4}
Rule 4. A pesticide application shall be made in compliance with all of the following provisions:
(a) A pesticide shall be used in a manner that is consistent with its label.
(b) Pesticide applications shall be made in a manner that prevents off-target direct discharges of pesticides.
(c) Pesticide application equipment shall be in sound mechanical condition and shall be free of leaks and other defects or malfunctions that might cause a pesticide to be deposited off-target or in a manner that is inconsistent with its label.
(d) Pesticide application equipment shall be properly calibrated.
(e) Pesticide application equipment shall have properly functioning shutoff valves or other mechanisms that enable the operator to prevent off-target discharge.
(f) Pesticide application or loading equipment that is designed to draw water shall have a properly functioning anti-siphoning device.
(g) At sites where pesticides are mixed, loaded, or transferred, an applicator shall maintain and utilize equipment in a manner that prevents the incidental release of pesticides to the environment.
(h) All commercial aerial applicators shall maintain pesticide application equipment in compliance with all of the following performance standards:
(i) Dry breaks shall be used to connect loading hoses to aircraft.
(ii) All hoses shall either be double clamped or the equivalent.
(iii) Mesh screens on loading hoses shall be at least 20 mesh or finer unless otherwise specified by the pesticide manufacturer or the product label.
(iv) Shutoff valves shall be in place at the discharge side of the loading pump and on each side of dry breaks.
(v) The loading system shall be flushed with clean water at the completion of each individual load, except when using undiluted material.
(vi) Equipment such as gaskets on quick-disconnect coupling, nozzle check valve diaphragms, and o-rings shall be replaced annually.
(vii) An aircraft that has a circulating pump system shall have an operating 3-way spray valve that, when in the off position, creates a negative pressure on the outlet or boom side.
(i) Applications shall not occur when weather conditions favor the off-target drift of pesticides or prevent the proper deposition of pesticides to the target area.
(j) Before applying a pesticide, the applicator shall identify any sensitive areas that are located on properties adjacent to the target area and shall use appropriate precautionary measures to prevent the direct discharge or drift of pesticides to those areas.
(k) Pesticides shall be applied in a manner that minimizes the exposure of nontarget humans, livestock, domestic animals, and wildlife to the pesticides. Unless permitted by the label, an applicator shall take all reasonable precautions that will prevent a pesticide from being applied if unprotected persons are present within the application site or are present in adjacent areas when off-target drift may occur.
(l) A commercial applicator that is required to be licensed under the act, other than an aerial applicator, shall provide the following information, which shall be printed or affixed on the exterior of each vehicle that is used to transport a pesticide:
(i) The name of the licensed applicator firm.
(ii) The business telephone number, address, or United States department of transportation census number of the licensed applicator firm.
(iii) The printed information must be legible and visible.
(iv) The required information shall be in a typeface 3 inches high or larger.
(v) The director may grant an exemption from the requirements of paragraphs (i) and (ii) of this subdivision upon petition by a licensed applicator firm.
(m) Any person who mixes, loads, or otherwise uses pesticides shall have immediate access to a spill kit. Aerial applicator spill kits shall contain not less than 2 buckets, absorptive pillows, or another system for containing leaking nozzles. The spill kit requirement does not apply to a person who uses single containers of use dilution pesticides in a quantity that is less than 16 ounces.
History
- History: 1992 AACS; 2008 AACS.
Mich. Admin. Code R 285.637.5 Registry of persons requiring notification before turf and ornamental application of pesticides {#sec-r-285.637.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.637.5}
Rule 5. (1) The department shall maintain a voluntary registry of persons who, due to a verifiable medically documented condition, require notification before the application of pesticides on a property that is adjacent to their primary residences. Upon request, the department shall annually register a person who requires notification before the use of pesticides. Each year, the person shall submit a valid certificate from a physician who is licensed to practice medicine. The certificate shall be on forms provided by the department and shall indicate the following information:
(a) The current diagnosed condition or ailment of the person that specifies the need for notification.
(b) Any recommended additional distance notification deemed necessary and substantiated by the physician. The physician's information shall include the recommended additional distance in feet.
(2) The certificate that is provided to the department pursuant to the provisions of subrule (1) of this rule shall be subject to review and approval by the department.
(3) Registration shall also include all of the following information on forms provided by the department:
(a) Name, address, other than a post office box number, and telephone number of a person who requires notification.
(b) Name, address, other than a post office box number, and telephone number of a designated contact person.
(c) A list of addresses of properties that are adjacent to the primary residence of the person requiring notification. Information shall be provided as follows:
(i) Street address and occupant name, or designation as vacant lot, direction (N, S, E, W), and estimated street address from notification person's address.
(ii) Designation of multiple dwelling units such as apartments or condominiums, if applicable.
(iii) Designation as multiple use area or commercial property, if applicable.
(d) A list of names and addresses of additional property owners as provided for in subrule (1)(b) of this rule. Information shall be provided as follows:
(i) Street address and occupant name, or designation as vacant lot, direction (N, S, E, W), and estimated street address from notification person's address.
(ii) Designation of multiple dwelling units such as apartments or condominiums, if applicable.
(iii) Designation as multiple use area or commercial property, is applicable.
(4) The printed registry list shall remain confidential, to the extent permitted by law, except for the following information:
(a) Name, address, and telephone number of the designated contact person.
(b) Addresses of the adjacent properties or other properties as identified in subrule (1) (c) and (1) (d) of this rule.
(c) The address of a person who requires notification.
(5) The individual requiring prior notification, or his or her designated contact person, shall obtain a copy of the annual list and ensure that the specific information provided to the department is accurate and a component of the list.
(6) Initial applications may be submitted to the department at any time. Renewal registration forms supplied by the department shall be submitted annually on or before February 1. An applicant shall immediately notify the department of any address or contact person information change.
(7) The department shall annually publish a list, by March 15, of non-confidential information provided by persons who request notification. Listings shall be provided to all of the following entities:
(a) Commercial pesticide applicator firms that are licensed in categories which will require the firms to notify persons on the registry.
(b) County public health departments.
(c) Upon request, commercial applicators who are certified in a category that will require the applicators to notify persons on the registry.
(8) Before a lawn or ornamental pesticide other than a general-use ready-to-use pesticide is applied on a property address listed on the most recent published registry, a commercial applicator shall notify the contact person on the registry. Notification shall take place before the application in accordance with all of the following provisions:
(a) By telephone the previous business day before a pesticide application or by written notification that is delivered in person to the residence of the listed contact person.
Written notification shall include all information that is listed in subdivision (b) of this subrule and shall be left at the main entrance to the residence not less than 24 hours before application.
(b) Notification shall include all of the following information:
(i) Name, address, and telephone number of the commercial applicator or firm that makes the application.
(ii) Anticipated date and approximate time of the application.
(iii) Location of the application.
(iv) Name of the pesticide active ingredient or ingredients being applied.
(c) If the initial application date is postponed, new notification shall be issued before the next application as required by subdivision (a) of this subrule.
(d) The licensee's responsibility to notify a person who requires notification shall be considered discharged if any 1 of the following provisions is complied with:
(i) Telephone notification is attempted on the business day before application and, if unsuccessful, the applicator has left written notification at the person's residence at the time of application.
(ii) Written notification is delivered in person not less than 24 hours before application.
(iii) The applicator obtains written authorization from the contact person for alternate methods of notification.
(e) The registry shall be subject to annual review by the department.
(f) This rule shall not apply to applications of pesticides that are made through a closed injection system.
History
- History: 1992 AACS; 1995 AACS; 2008 AACS.
Mich. Admin. Code R 285.637.6 Mixing and loading facilities {#sec-r-285.637.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.637.6}
Rule 6. (1) Pesticide mixing or loading shall not occur at a mixing and loading facility unless the mixing or loading is in compliance with the provisions of this subrule. Mixing and loading shall only occur on a pad that is in compliance with all of the following requirements:
(a) The pad shall be constructed with impervious materials, such as sealed concrete, plastic, stainless steel, fiberglass or other approved materials.
(b) The pad shall be bermed, curbed, sloped, or otherwise designed to contain spills, leaks, releases, or other discharges that are generated during the mixing and loading of pesticides or pesticide-containing materials.
(c) Pesticides or pesticide-containing materials that are collected by the pad shall be contained either by the pad itself or drained, pumped, or transferred to an additional impermeable, aboveground holding tank or reservoir until utilized or disposed of in compliance with applicable local, state, and federal laws. The holding tank or reservoir shall be suitably constructed to prevent the release of pesticides or pesticide-containing materials to the environment.
(d) The pad or holding tank or reservoir shall be able to contain the amount of pesticide that could be discharged during 1 minute of mixing or loading.
(e) Mixing or loading pads which are located outdoors and which are not covered shall also meet either of the following criteria:
(i) Have the capacity to contain a 6-inch rainfall.
(ii) Be cleaned of all pesticide residues immediately after spills to prevent contaminants from entering rainwater runoff.
(f) Any portable pad or retractable pad that is stored in a manner to prevent the interception and subsequent runoff of pesticide-containing material shall not be subject to the provisions of subdivision (e) of this subrule.
(g) The mixing or loading of pesticides shall not occur unless a primary shutoff mechanism is immediately accessible. In addition, an emergency shutoff mechanism shall be located upstream from the primary shutoff mechanism and shall be positioned to be fully operated within 30 seconds.
(h) The requirements of this rule shall not apply to hand-held equipment.
(2) A pesticide-producing establishment that is in compliance with the provisions of R 285.640.10 pertaining to operational area containment is exempt from the provisions of this rule.
(3) An agricultural mixing or loading facility that maintains a mixing and loading pad in accordance with the provisions of this rule is exempt from maintaining a second mixing and loading pad at a location where pesticides are mixed with anhydrous ammonia for a period of not more than 60 days in any calendar year.
History
- History: 1992 AACS; 2008 AACS.
Mich. Admin. Code R 285.637.7 Washing and rinsing facilities {#sec-r-285.637.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.637.7}
Rule 7. The washing or rinsing of pesticide residues from application equipment, mixing equipment, or other items that are used for the storage, handling, or use of a pesticide shall not be performed at a washing or rinsing facility other than in a designated wash or rinse containment area as required by this rule. Washing and rinsing in a wash and rinse water containment area shall be in compliance with all of the following provisions:
(a) Washing and rinsing shall occur on a pad that is constructed of impervious materials, such as sealed concrete, plastic, stainless steel, fiberglass, or other approved material.
(b) The pad shall be designed to contain pesticides and pesticide-containing materials that are generated during washing and rinsing and prevent the release of such material to the environment.
(c) Washing and rinsing may occur at a mixing and loading facility.
(d) The requirements of this rule shall not apply to any of the following:
(i) Situations that constitute an emergency where washing or rinsing pesticide residues from equipment or other items is necessary to prevent imminent harm to human health or the environment.
(ii) Aircraft used by aerial applicators.
(iii) Hand-held equipment.
(iv) Any other equipment that is excluded by the director after a review of supporting documentation.
(v) Pesticide containers being prepared for disposal consistent with their label directions or R 285.637.8.
History
- History: 1992 AACS; 2008 AACS.
Mich. Admin. Code R 285.637.8 Management of excess pesticides and pesticide-containing materials {#sec-r-285.637.8 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.637.8}
Rule 8. (1) Persons who have pesticide-containing materials that consist of pesticides for which federal or state registration has not been suspended may, except as provided in subrules (3) and (4) of this rule, use these materials as a pesticide in accordance with the instructions for use on the label of the pesticide or pesticides they contain. Both of the following uses of pesticides or pesticide-containing material are considered to be uses in accordance with label directions:
(a) The application of a pesticide or pesticide-containing material to a labeled site so that the total application rate of the active ingredient does not exceed directions for use provided on the label.
(b) Pesticide-containing materials that are used as diluents in subsequent mixtures of pesticides and diluents if the subsequent applications of such mixtures are in compliance with the provisions of subdivision (a) of this subrule.
(2) Soils, sediments, debris, or other pesticide-containing material may be used as a pesticide under the provisions of these rules if the person who manages the material knows the amount of active ingredient in the material or can estimate the largest possible amount of active ingredient in the material being managed either because of having direct knowledge of the amount of pesticide that is contained in the material or as a result of testing the material. Application of material for which the amount of active ingredient is unknown or cannot be estimated is prohibited.
(3) A person who has quantities of pesticide-containing materials and who does not intend to use these materials as pesticides in compliance with the provisions of subrule (1) of this rule shall follow the instructions for product and container disposal on the label of the pesticide. A person who recycles, recovers, or otherwise handles pesticidecontaining materials in compliance with applicable local, state, and federal solid waste laws shall be considered to be in compliance with the label directions for disposal, even if a method of disposal or handling that is used is not specified in the instructions for disposal on the pesticide label.
(4) Soils, sediments, debris, or other solids that contain pesticides that may have been altered as a result of a fire or other occurrence shall not be used as a pesticide unless laboratory analysis is obtained to confirm that the material may still be effectively used as a pesticide.
(5) Spills, leaks, releases, or other accidental discharges of pesticides or pesticidecontaining materials shall be promptly contained and recovered in a manner that assures the protection of human health and the environment. Surfaces that intercept such discharges shall be promptly cleaned to assure maximum recovery. Recovered pesticides and pesticide-containing materials and materials that are used to contain, minimize, absorb, or collect spills shall be managed in accordance with subrule (1)(a) of this rule.
(6) A person shall not dispose of or handle any pesticide or any pesticide-containing material as follows:
(a) In a manner that is inconsistent with its labeling.
(b) So as to cause or allow a discharge to the environment in a manner that is inconsistent with the label instructions for use or disposal.
(c) So as to violate any state or federal pollution control statute.
(d) So as to cause or allow burying in a land site in a manner that is not in compliance with applicable state and federal solid waste regulations.
(e) So as to cause or allow the storage of pesticides or pesticide-containing materials, including rinsate or wash water, in underground tanks. This prohibition does not apply to watertight catch basins that are used for temporary collection or other recirculating systems as approved by the director.
History
- History: 1992 AACS; 2008 AACS.
Mich. Admin. Code R 285.637.9 Personal protective equipment {#sec-r-285.637.9 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.637.9}
Rule 9. (1) A pesticide applicator shall follow label directions regarding personal protective equipment.
(2) Commercial applicators who use a pesticide shall comply with all of the following minimum protective equipment requirements, unless otherwise directed by the pesticide product label:
(a) Long pants shall be worn.
(b) Footwear that provides protection from exposure to the pesticide being used shall be worn.
(c) Long-sleeve clothing shall be worn. Short-sleeve clothing may be worn if water and soap or other protection is in place that provides comparable or greater protection is immediately available and short-sleeve clothing is not prohibited by the pesticide label.
(d) Gloves that are impervious to the pesticide in use shall be worn in any situation where the individual's hands are likely to come into contact with a pesticide, unless other protection is in place that provides comparable or greater protection.
Editor's Note: An obvious error in R 285.637.9 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2008 MR 4. The memorandum requesting the correction was published in Michigan Register, 2008 MR 12.
History
- History: 1992 AACS; 2008 AACS.
Mich. Admin. Code R 285.637.10 Off-target pesticide drift {#sec-r-285.637.10 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.637.10}
Rule 10. (1) Pesticide applications shall be made in a manner that minimizes offtarget drift, unless prior authorization and consent as specified in subrule (3) of this rule is obtained from the owner or resident of the land onto which drift may occur.
(2) Before making a pesticide application, an applicator shall do both of the following:
(a) Determine the likelihood of off-target drift.
(b) Determine the direction of possible off-target drift and any sensitive areas that may be impacted.
(3) When pesticide off-target drift is likely to occur due to the nature of the application or atmospheric conditions, including, but not limited to wind speed and direction, a drift management plan shall be utilized by the applicator to minimize the occurrence and adverse effects of off-target drift. The plan shall include provisions to secure the informed consent of residents in the affected area before making the application. If, in the course of making an application off-target drift occurs, the applicator shall notify the residents in the affected area either verbally or with written notification which includes the name, address, and phone number of a person who may be contacted and who is responsible for supplying information concerning the application before leaving the application site.
The drift management plan shall include drift minimization practices. Such practices may include any of the following:
(a) The use of a possible combination of nozzles, pressure, or volume to manage droplet size.
(b) The use of equipment that is designed to minimize off-target drift.
(c) The consideration of release distance to target to maximize deposition.
(d) The use of drift reduction additives.
(e) The establishment of a no-spray buffer zone. The buffer zone may be treated with nonpowered equipment.
(f) The identification of the maximum wind speed and direction under which applications can be made.
(g) The use of wind shields or windbreaks to contain spray drift or deflect spray drift.
(h) Other specific measures stated in the plan that are effective in minimizing the incidence of off-target drift.
(4) Drift management plans shall be in writing. The plan will state the measures to be used and how those measures will reduce off-target drift. The drift management plan shall be annually reviewed by the person who utilizes the plan.
(5) A record of the sites where the drift management plan was implemented and a copy of the drift management plan shall be retained for a period of 1 year for general use pesticides and 3 years for restricted use pesticides and shall be made available to the director upon request.
(6) Operating under a drift management plan does not exempt an applicator from complying with appropriate federal or state statutes and regulations. However, the department shall consider the presence and use of a drift management plan as a factor in determining appropriate enforcement action.
History
- History: 1992 AACS; 2008 AACS.
Mich. Admin. Code R 285.637.11 Commercial notification and posting requirements {#sec-r-285.637.11 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.637.11}
Rule 11. (1) The requirements of this rule do not apply to general-use ready-to-use pesticide.
(2) When making a broadcast, foliar, or space application of pesticides to an ornamental or turf site, other than a golf course or farm production operation, a commercial applicator shall comply with both of the following provisions:
(a) In addition to requirements specified in R 285.637.12(1) and (2), an applicator shall inform a customer that lawn markers should remain posted for 24 hours, after which time the customer should remove the lawn markers.
(b) Immediately following the application, a commercial applicator shall place a lawn marker sign at the primary point or points of entry. Lawn markers specified in this subrule (2) must only be used when making pesticide applications and must comply with all of the following specifications:
(i) Be 4 inches high by 5 inches wide.
(ii) Be constructed of rigid, weather-resistant material.
(iii) Be attached to a supporting device with the bottom of the marker extending not less than 12 inches above the turf.
(iv) Be identically printed on both sides in green letters on a white background using the indicated point type size.
(v) Include only the following information:
(A) The statement "CAUTION" in 11/16-inch high (72-point) type.
(B) The statement "Pesticide Application" in 9/32-inch (30-point) type.
(C) The statement "Keep Off Until Dry" in 9/32-inch (30-point) type.
(D) Have not less than a 2-inch diameter circular illustration that depicts an adult and child walking a dog on a leash. The illustration must depict, using a diagonal line across the circle, that this action is prohibited.
(E) The statement "Customer: Please Remove After 24 Hours" in 3/32-inch (11-point) type.
(F) Additional information not required under this subrule may only be placed on the lawn marker or supporting device with the written approval of the department.
(3) All broadcast, foliar, or space pesticide applications that are made to public or private golf courses by a commercial applicator must comply with all of the following provisions:
(a) Applicators shall notify users of, or visitors to, the golf course in accordance with all of the following requirements:
(i) Notification of pesticide application must be provided on a poster or placard that is constructed of all-weather material.
(ii) The poster or placard must contain a general statement that from time to time pesticides are in use in the management of turf and ornamental pests.
(iii) The poster or placard must state that questions or concerns that arise in relation to the pesticide application must be directed to the golf course superintendent or his or her designated representative.
(iv) The poster or placard must state that, upon request, the superintendent or his or her representative will supply the information specified in subdivision (b) of this subrule.
(v) The poster or placard must be displayed prominently in the pro shop, locker rooms, or registration area.
(b) At the time of broadcast, foliar, or space pesticide application to golf course property, the applicator shall post on the first and tenth tees, in a conspicuous place, a sign that states all of the following information:
(i) The date and time of application.
(ii) The common name of the pesticide applied.
(iii) The areas treated.
(iv) The label reentry precautions.
(v) The name of a person who may be contacted for further information.
(c) Posting requirements must remain in effect until specific label reentry requirements have been fulfilled.
(4) A commercial applicator who makes a broadcast, foliar, or space insecticide application in a commercial building, public building, or health care facility shall comply with all of the following:
(a) The applicator shall, upon completion of an insecticide application, provide a sign to be displayed in a readily observable place at the primary point of entry by the building manager.
(b) The applicator shall instruct the building manager that the sign must be displayed and remain posted for not less than 48 hours after the most recent application of an insecticide.
(c) The building manager shall post all signs provided by the applicator in accordance with this subrule.
(d) Signs that are used for posting must comply with the following specifications:
(i) The sign shall be a minimum of 2 1/2 inches high by 2 1/2 inches wide.
(ii) Information must be in black letters on a muted background.
(iii) The sign must have an illustration that is not less than 1 3/4 inches high by 2 inches wide that depicts a cloud symbol encompassing a house. This illustration shall serve to inform the public that insecticides have been applied in the building.
(iv) The sign must have a space provided in which the date of application is to be indicated by the applicator. This information must read: "DATE _______________" in a minimum 1/8-inch (16-point) type.
(5) All of the following provisions apply to notification requirements for community or right-of-way applicators:
(a) A commercial applicator shall not make a broadcast or foliar application of pesticides for community or right-of-way pest management without making documented efforts to provide prior notification to persons who own or reside on property that is within the target area or to their authorized representatives. Prior notification shall be provided by the commercial applicator or his or her agent.
(b) Documented efforts to notify property owners, their agents, or persons who own or reside on property that is within the target area for community mosquito control pesticide applications include at least 1 of the following methods:
(i) Personal contact.
(ii) A comprehensive community outreach program, which must be filed annually with the director.
(iii) Prior written notification.
(c) Commercial applicators who make community pesticide applications for mosquito control shall do all of the following:
(i) Provide prior notification to persons who request it.
(ii) Exclude mosquito pesticide applications from the property of those persons who request to be excluded.
(iii) Provide general information or literature about the pesticide application in response to inquiries within the targeted community. This does not include any proprietary or confidential business information.
(d) Reasonable efforts to notify property owners, their agents, or persons residing within the target area for right-of-way or community pesticide applications other than those for mosquito control must include at least 1 of the following methods:
(i) Personal contact.
(ii) Advertisement in at least 1 newspaper of general circulation within the area of application. The notice must be placed in the legal advertisement section.
(iii) Prior written notification.
(e) Notification of property owners must include all the following information:
(i) The name, address, and phone number of the application firm or individual.
(ii) The brand name and active ingredients of the pesticide or pesticides used.
(iii) The method of application.
(iv) The scheduled date or dates of application.
(v) The name, address, and phone number of a person who may be contacted and who is responsible for supplying updated information concerning the application for those people who request it.
(vi) Any reentry restrictions.
(f) Multiple-use areas must be posted for not less than 24 hours at the primary point or points of entry immediately after a pesticide application has occurred within the area. The posting must state all of the following information:
(i) The name, address, and phone number of the application firm or individual.
(ii) The brand name and active ingredients of the pesticide or pesticides used.
(iii) The date of the application.
(iv) Precautionary warnings or reentry restrictions that appear on the label of the pesticide or pesticides that are applied.
(g) Upon petition, the director may exempt community or area-wide applicators from the requirements of subdivision (f) of this subrule if there is sufficient documentation to indicate that residues of a particular pesticide are not detectable after application.
(h) Upon a determination by the director of the Michigan department of health and human services that an imminent danger to the health or lives of individuals exists in this state, the director shall cooperate and provide assistance and recommendations to eliminate or mitigate the danger. The director may waive or modify notification and exclusion requirements of this rule to facilitate response.
History
- History: 1992 AACS; 1995 AACS; 2008 AACS; 2021 AACS.
Mich. Admin. Code R 285.637.12 Applicator service agreements {#sec-r-285.637.12 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.637.12}
Rule 12. (1) Before applying a pesticide, a commercial applicator who is required to be licensed by the act, or his or her authorized agent, shall enter into an oral or written service agreement with the customer or authorized agent. The agreement shall specify all of the following:
(a) The customer's consent to services.
(b) The name, address, and telephone number of the firm that provides the pesticide application services.
(c) The approximate schedule, frequency, and duration of anticipated services.
(2) A commercial applicator who is required to be licensed by the act, or his or her authorized agent, shall provide all of the following written information to the customer or to the customer's authorized agent:
(a) The name, address, and telephone number of the firm that provides the pesticide application services.
(b) The full name of the applicator who provides services.
(c) A general description of the target pest or pests to be controlled.
(d) A list of the pesticides applied, including the common name of the active ingredient.
(e) The time and date of the application.
(f) Applicable precautionary warnings or reentry restrictions which appear on the label of the pesticide or pesticides that are applied.
(3) The information required in subrule (2) of this rule shall be provided in one of two ways:
(a) Not later than at the time of each pesticide application.
(b) The information may be provided electronically within 48 hours after the application if the commercial applicator has the written approval of the customer or the customer's authorized agent prior to the application.
(4) Not later than at the time of initial pesticide application, a commercial applicator who is required to be licensed by the act, or his or her authorized agent, shall provide all of the following written risk and benefit information to the customer or the customer's authorized agent:
(a) The definition of a pesticide.
(b) A general description of how pesticides work.
(c) Why pesticides are used.
(d) General toxicity information related to all of the following:
(i) The type of compound used.
(ii) The environment in which the pesticide is applied.
(iii) General exposure information.
(iv) The amount or rate of pesticide applied.
(v) Proper pesticide applications in compliance with the label.
(e) Common sense precautionary measures for the customer regarding pesticides.
(f) General information on the environmental fate of pesticides.
(g) Instructions to the customer to discuss site preparation and precautionary measures with the pesticide applicator.
(h) Instructions to the customer to consult with a physician if an unusual reaction occurs.
(5) A commercial agricultural or aerial applicator may provide the information specified in both of the following provisions to the customer or the customer's authorized agent in place of the information requirements specified in subrules (2) and (3) of this rule:
(a) Oral instructions to the customer or the customer's authorized agent on labeled reentry and preharvest interval requirements before application.
(b) A copy of the risk and benefit information sheet or the pertinent section of the label that pertains to risks and benefits.
(6) If an emergency requires immediate pesticide application, the information that is required in subrule (2) of this rule may be provided after the application has occurred.
(7) The department reserves the right to review and prohibit the use of written information required to be provided to customers in subrule (3) of this rule if the director determines that the information does not meet the intent of subrule (3) of this rule.
(8) The duration of a service agreement shall not be more than 12 months unless either written notification of continuation of service is provided annually or unless the service agreement is a signed contract that specifies a definite time period during which the contract is valid. Written notification of continuation of service shall provide information to the customer regarding how to discontinue service.
(9) When requested by the customer or his or her authorized agent, the commercial applicator shall provide all of the following documents to the customer:
(a) Product labels.
(b) Material safety data sheets.
(c) Environmental protection agency fact sheets, if available.
(d) A document that specifies the rate of application of the active ingredients of the products applied.
(10) If the customer is acting in the interest of residents of the treated premises, then the customer shall make the information provided in this rule available to the residents upon request.
History
- History: 1992 AACS; 1995 AACS; 2008 AACS.
Mich. Admin. Code R 285.637.13 Misrepresentation of pesticide safety prohibited {#sec-r-285.637.13 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.637.13}
Rule 13. A commercial applicator shall not make false, misleading, deceptive, or fraudulent representations concerning pesticide safety. All of the following claims or statements are prohibited:
(a) Any statement that implies a pesticide is recommended or endorsed by any federal or state agency.
(b) Claims of absolute safety.
(c) Unsubstantiated or comparative statements on the safety of the pesticide, including but not limited to any of the following statements:
(i) "Contains all natural ingredients."
(ii) "Among the least toxic chemicals known."
(iii) "Pollution approved."
History
- History: 1992 AACS; 2008 AACS.
Mich. Admin. Code R 285.637.14 Integrated pest management {#sec-r-285.637.14 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.637.14}
Rule 14. For all pesticide applications other than sanitizers, germicides, disinfectants, or antimicrobial agents made in schools, public buildings, day care centers, and health care facilities, both of the following provisions shall be complied with before any pesticide application:
(a) A pesticide applicator shall have verifiable participation in a training program which is approved by the director, and which includes all of the following integrated pest management elements:
(i) Site evaluation, including all of the following:
(A) Site description.
(B) Site inspection.
(C) Site monitoring.
(D) The concept of threshold levels.
(ii) The relationship between pest biology and pest management methods.
(iii) Pest management methods, including population reduction techniques, such as mechanical, biological and chemical techniques, and pest prevention techniques, such as habitat modification.
(iv) The development and implementation of an integrated pest management program, with consideration for reducing the possible impact of pesticide use on human health and the environment, including people with special sensitivities to pesticides.
(v) Evaluation of an integrated pest management program to determine the program's effectiveness and need for modification.
(vi) Recordkeeping requirements for public buildings and health care facilities the same as those defined in MCL 324.8304(6)(b) for schools and day care centers.
(vii) The need to communicate with, and enlist the assistance of, building managers for the implementation of integrated pest management programs.
(b) A written integrated pest management program shall be in place for each building in which pesticide applications take place. A copy of the integrated pest management program shall be located at the school, public building, day care center or health care facility and shall include all the same elements as defined in MCL 324.8304(6) for schools and day care centers.
History
- History: 1992 AACS; 2008 AACS.
Mich. Admin. Code R 285.637.15 Pesticide use in and around schools and day care centers {#sec-r-285.637.15 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.637.15}
Rule 15. (1) All pesticide applications other than sanitizers, germicides, disinfectants, and anti-microbial agents that are made in and around schools, public buildings, day care centers, and health care facilities, are subject to the provisions of this rule.
(2) Outdoor ornamental and turf applications of liquid spray pesticides shall not be made on school grounds within 100 feet of occupied classroom buildings during normal school class hours or when persons are using the treatment area.
(3) An applicator shall notify the school or day care center's building manager of any reentry intervals that are required by labels of any pesticide that the applicator has applied in a school building or day care center, or on any school or day care center property.
(4) Annual notification of pesticide applications required under MCL 324.8316(2) shall include designation of the commonly used primary entrances at which posting of pesticide application information required under MCL 324.8316(3) shall occur.
(5) During the months when school is not in regular session, school administrators may utilize a message notification system that parents or guardians may access at least 1 day before application. If this alternative is utilized, parents or guardians shall be advised how the information may be obtained.
History
- History: 1992 AACS; 1995 AACS; 2008 AACS.
Mich. Admin. Code R 285.637.16 Organic farms; listing {#sec-r-285.637.16 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.637.16}
Rule 16. (1) The department shall annually compile a listing of organic farms.
(2) The department shall provide the listing to all commercial pesticide application firms that are licensed in agricultural, right-of-way, or aerial application.
(3) A person who owns or operates an organic farm may appear on the department's organic farm listing by doing both of the following:
(a) Submitting a request to the department, on the department's form, by March 1 of each year.
(b) Marking the organic farm so that a person who makes a pesticide application to an adjacent property can easily recognize the property as an organic farm.
History
- History: 1992 AACS.
Mich. Admin. Code R 285.637.17 Penalties for violation of local pesticide ordinances {#sec-r-285.637.17 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.637.17}
Rule 17. (1) A local unit of government shall utilize the following schedule of fines for violation of local ordinances authorized by section 21a(3) of the act:
(a) A violation of R 285.637.5(8), which requires prior notification to persons on the registry, shall be subject to a fine of $50.00 for the first offense, $100.00 for the second offense, $250.00 for the third offense, and $500.00 for the fourth offense.
(b) A violation of R 285.637.11(1), (2), (3) or (5), which requires posting of lawn and ornamental sites, golf courses, community applications, and rights-of-way, shall be subject to a fine of $25.00 for the first offense, $50.00 for the second offense, $100.00 for the third offense, and $200.00 for the fourth offense.
(c) A violation of R 285.637.11(4), which requires applicators to provide building managers of commercial or public buildings, health care facilities, day-care centers, and schools with signs, shall be subject to a fine of $25.00 for the first offense, $50.00 for the second offense, $100.00 for the third offense, and $200.00 for the fourth offense.
(d) A violation of R 285.637.11(4)(c) by a building manager shall be subject to a formal warning for the first offense, a fine of $50.00 for the second offense, a fine of $100.00 for the third offense, and a fine of $200.00 for the fourth offense.
(e) A violation of MCL 324.8316(2) to (4), requiring schools and day-care centers to provide information regarding pesticide applications to parents or guardians, shall be subject to a fine of $25.00 for the first offense, $50.00 for the second offense, $100.00 for the third offense, and $200.00 for the fourth offense.
(2) Multiple violations of a particular ordinance or rule that occur on the same day shall be treated as 1 violation.
(3) Each type of offense shall accumulate on a calendar year for each person subject to the local ordinance, so that at the beginning of each calendar year the offense cycle begins again, except that, for purposes of subrule (1)(d) of this rule, a building manager who has previously received a formal warning shall be subject to a fine of $25.00 for the first offense.
(4) All offenses shall be considered as a single violation of each type until a person is notified of the issuance of a citation by the authorized local government agency.
(5) A local unit of government shall notify the person or firm alleged to be in violation within 72 hours of the issuance of a citation.
(6) A person may appeal a citation and fine assessment to the department.
(7) A local unit of government shall refer a fifth or subsequent violation by a person within a calendar year to the department for investigation and enforcement action.
(8) A local unit of government shall notify the department within 10 working days of the issuance of a citation for a violation of a local ordinance pursuant to the act.
(9) A local unit of government shall not assess fines for violations that occur before there is an incident or complaint that precipitates an investigation or before there is an observation by a local official.
History
- History: 1995 AACS; 2008 AACS.
R 285.640.1 to R 285.640.19 Regulation No. 640. Commercial Pesticide Bulk Storage
Mich. Admin. Code R 285.640.1 Definitions {#sec-r-285.640.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.640.1}
DEPARTMENT OF AGRICULTURE
PESTICIDE AND PLANT PEST MANAGEMENT DIVISION
REGULATION NO. 640. COMMERCIAL PESTICIDE BULK STORAGE
(By authority conferred on the director of the department of agriculture by section 19 of Act No. 171 of the Public Acts of 1976, as amended, being S286.569 of the Michigan Compiled Laws)
Rule 1. As used in these rules:
(a) "Approved" means approval by the director of the department or his or her representative.
(b) "Appurtenances" means any of the following which are connected to a bulk pesticide container or which are used for transferring bulk pesticide between containers:
(i) Valves.
(ii) Gauges.
(iii) Portable manufacturing units.
(iv) Pumps.
(v) Fittings.
(vi) Hoses.
(vii) Plumbing.
(viii) Metering devices.
(c) "Bulk pesticide" means any registered liquid pesticide or combination of liquid pesticides in an individual quantity that is more than 55 United States gallons or any registered dry pesticide in an individual quantity that is more than 100 pounds. For purposes of this regulation, use solutions and rinsates are bulk pesticides if they exceed the stated quantities. Minibulks are included in this definition.
(d) "CERCLA" means the comprehensive environmental responsibility, compensation and liability act of 1980, 42 U.S.C. S9601 et seq.
(e) "Department" means the Michigan department of agriculture.
(f) "Discharge" means an uncontained release to the environment of bulk pesticide in a reportable quantity as defined by SARA title III and CERCLA or, for products that are not listed in SARA title III or CERCLA, any quantity that is more than 5 United States gallons or 100 pounds of pesticide. "Discharge" does not include a fully contained transfer of bulk pesticide that is made pursuant to sale, storage, distribution, or intended use.
(g) "Dry pesticide" means pesticide that is in solid form before application or mixing for application. The term includes formulations such as dusts, wettable powders, dry flowable powders, and granules.
(h) "Elephant ring" means a storage container which has an open top and which serves as a secondary containment vessel into which a primary storage container with a smaller volume is placed.
(i) "Existing bulk storage facility" means a facility that on the effective date of this rule, is being used to store or hold bulk pesticides where the location of bulk containers remains the same whether bulk containers are replaced, added to, or reorganized.
(j) "Floodplain" means any land area that is subject to a 1% or greater chance of flooding.
This is equivalent to a 100-year flood.
(k) "Liquid pesticide" means pesticide that is in a liquid form, including solutions, emulsions, suspensions, and slurries contained in an undivided quantity of more than 55 United States gallons. The term includes minibulk pesticides.
(l) "Minibulk pesticide" means an amount of liquid pesticide which is held in a single container with a volume more than 55, but less than 400, United States gallons that is designed for ready handling and transport and has been filled by the original pesticide manufacturer or repackager.
(m) "Mobile container" means a container that is designed or used for transporting pesticides.
(n) "Modification" means changes in structures, processes, or activities at a bulk pesticide storage facility that alter the efficiency or capacity of containment structures or systems.
(o) "New bulk storage facility" means a storage facility as designated by the director or a storage facility that locates new, used, or refurbished bulk containers where, before the effective date of this rule, bulk storage was not conducted.
(p) "Operational area" means an area or areas at a bulk pesticide storage facility where pesticides are transferred, loaded, unloaded, repackaged, or refilled.
(q) "Operational area containment" means any structure or system that is designed and constructed to effectively intercept and contain spills, container or equipment washwater, and precipitation to prevent the runoff or leaching of pesticide from a storage facility.
(r) "Primary containment" means the storage of bulk pesticide in storage containers at a storage facility.
(s) "Rinsate" means the liquid which is generated from the rinsing of the interior surface of any pesticide application equipment or pesticide container that has come in direct contact with any pesticide. This liquid is a mixture of water and a concentration of pesticide that is below the labeled application rate. "Rinsate" includes the liquid that is generated by cleaning a containment area in accordance with the provisions of R 285.640.11(3).
(t) "SARA title III" means the emergency planning and community right-to-know act (title III) of the superfund amendments and reauthorization act of 1986, 42 U.S.C. S11001 et seq.
(u) "Secondary containment" means any structure, including dikes, that is effectively designed and constructed to contain spills or leaks and to prevent escapes, runoff, and leaching of pesticides from bulk storage containers.
(v) "Spill" means a contained release, within a containment area or operational pad, of bulk pesticide in a reportable quantity as defined by SARA title III and CERCLA or, for products that are not listed in SARA title III or CERCLA, any quantity that is more than 5 United States gallons or 100 pounds. "Spill" does not include a fully contained transfer of bulk pesticide that is made pursuant to sale, storage, distribution, or intended use.
(w) "Storage" means the storage of bulk pesticides by a person who manufactures, repackages, or distributes bulk pesticides. "Storage" does not include the storage of pesticides by an agricultural producer for use on land that is owned or leased by the producer.
(x) "Storage container" means a container, rail car, nurse tank, or other mobile container that is used for the storage of bulk pesticide. "Storage container" does not include any of the following:
(i) A mobile container that stores pesticide at a storage facility for less than 15 consecutive days if this storage is incidental to the loading or unloading of a storage container at the storage facility.
(ii) A mobile container that is located other than on property which is owned, operated, or controlled by an owner or operator of a storage facility for less than 15 consecutive days.
(iii) A container which is 55 gallons or smaller and which is used solely as emergency storage for leaking pesticide containers.
(iv) Pesticide application equipment in which pesticides are stored for less than 5 consecutive days.
(y) "Storage facility" means a facility which is used to store or hold bulk pesticides and which is owned, operated, controlled, or leased by a person who manufactures or distributes bulk pesticides.
(z) "Sump" means any catch basin, pit, or reservoir, and those trenches and troughs connected to them, that serve to collect liquid.
(aa) "Surface water" means a body of water that has its top surface exposed to the atmosphere and includes lakes, ponds, or water holes that cover an area greater than 0.25 acres and streams, rivers, or waterways that maintain a flow year-round. "Surface water" does not include waterways with intermittent flow.
(bb) "Washwater" means the liquid that is generated from rinsing the exterior surfaces of application, handling, storage, or transportation equipment. "Washwater" does not include the liquid that is generated by cleaning a containment area in accordance with the provisions of R 285.640.11(3).
History
- History: 1992 AACS.
Mich. Admin. Code R 285.640.2 Storage facility registration {#sec-r-285.640.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.640.2}
Rule 2. (1) A person shall not operate a storage facility in Michigan until it is registered with the department. A registration application shall be submitted for each facility on forms provided by the department. The registration application shall disclose the physical location of the facility and its mailing address if different from that on the application.
Together with the registration application, a person shall submit a discharge response plan in accordance with the provisions of R 285.640.15 and a site plan of the facility. The site plan shall include all of the following:
(a) A plot plan or map of the property that shows all structures and the location of all wells on the site.
(b) A plot plan or map that shows all of the following:
(i) Precipitation runoff routes from the storage facility.
(ii) Approximate distance to, and identity of, lakes, streams, drainage ditches, or storm drains within 0.5 mile of the storage facility location.
(iii) Distance and direction to nearest public and private wells.
(iv) Site soil characteristics.
(v) Depth to groundwater.
(c) A plot plan or map that shows the location of bulk storage tanks and their horizontal, raised, or vertical situation at the site, and a tank schedule that provides for each tank, all of the following information:
(i) The construction material.
(ii) The capacity.
(iii) The diameter.
(iv) The height.
(v) The product stored.
(d) Secondary and operational area containment construction plans and the capacity of such containment areas in gallons.
(e) If synthetic liners or synthetic materials are used, containment structure manufacturer installation instructions and confirmation of compatibility with pesticides. If prefabricated basins are used, containment structure manufacturer confirmation of compatibility with pesticides and an estimate of the life expectancy of the structure.
(f) An operational plan for containment areas that shows the handling and utilization of recovered pesticide materials, rinsewater, and precipitation accumulation.
(2) For facilities which are in operation on the effective date of this rule and which do not meet the containment requirements of this rule, both of the following shall be submitted with the registration application:
(a) Items that are required pursuant to the provisions of subrule (1) of this rule.
(b) Designs for required containment structures, including the amount of construction that has been completed and a timetable for complete compliance with this rule.
(3) All registrations expire on December 31 of each year. The facility site plan need not be submitted with the registration application after the first registration is approved unless modifications to the facility occur affecting subrules (1) and (2) of this rule.
(4) For facilities with containments under construction or with plans for construction, the items specified in subrule (2) of this rule shall be submitted annually with the registration application until the construction has been completed.
(5) After an initial storage facility registration has been completed, if changes or modifications have not occurred since the latest registration, the items specified in subrules (1) and (2) of this rule are not required to be submitted with the storage facility registration application or renewal.
(6) The department shall have the authority to approve with conditions a registration application if the applicant facility has met the requirements of subrules (2) to (5) of this rule. All approvals with conditions shall meet timetables for project completion as approved by the department and may have a maximum of 5 years to fully complete a project.
(7) The department shall have the authority to deny a registration application if the applicant facility does not meet the requirements of this rule. The applicant facility may appeal a registration denial to the department director for reevaluation.
(8) The department shall inform an applicant of approval, approval with conditions, or denial of registration and shall indicate the conditions of approval or the reasons for denial of registration, if applicable.
(9) The department may exempt any person from a requirement under this rule if compliance is not technically feasible and the department finds that alternative measures provide substantially similar protection against a discharge to the environment. All information which is required to prove that substantially similar protection is possible shall be provided to the department by the person who requests the exemption.
(10) For the year in which this rule takes effect, registration applications shall be submitted to the department within 180 days of the effective date of this rule.
History
- History: 1992 AACS.
Mich. Admin. Code R 285.640.3 Siting of storage facilities {#sec-r-285.640.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.640.3}
Rule 3. (1) The siting of a bulk pesticide storage facility shall comply with applicable local, state, and federal regulations.
(2) New bulk storage facilities and their respective containment areas shall be located as follows:
(a) Above a floodplain as defined in R 285.640.1(1).
(b) A minimum of 200 feet from surface water.
(c) A minimum of 2,000 feet from type I and type IIa public water supply wells, as defined by the provisions of Act No. 399 of the Public Acts of 1976, as amended, being S325.1001 et seq. of the Michigan Compiled Laws.
(d) A minimum of 800 feet from type IIb and type III public water supply wells, as defined by the provisions of Act No. 399 of the Public Acts of 1976, as amended, being S325.1001 et seq. of the Michigan Compiled Laws.
(e) A minimum of 150 feet from all other drinking water supplies that are not defined by the provisions of Act No. 399 of the Public Acts of 1976, as amended, being S325.1001 et seq. of the Michigan Compiled Laws.
(3) Existing bulk storage facilities that have approved containment shall have the outside base of the containment areas located as follows:
(a) A minimum of 200 feet from type I and type IIa public water supply wells, as defined by the provisions of Act No. 399 of the Public Acts of 1976, as amended, being S325.1001 et seq. of the Michigan Compiled Laws.
(b) A minimum of 75 feet from type IIb and type III public water supply wells, as defined by the provisions of Act No. 399 of the Public Acts of 1976, as amended, being S325.1001 et seq. of the Michigan Compiled Laws.
(c) A minimum of 50 feet from all other drinking water supplies that are not defined by the provisions of Act No. 399 of the Public Acts of 1976, as amended, being S325.1001 of the Michigan Compiled Laws.
(4) All bulk storage facilities shall utilize appropriate engineering safeguards to prevent water supply contamination if the floodplain, surface water, or water supply setback requirements in subrules (2) and (3) of this rule cannot be met. These engineering safeguards shall be implemented before initial approval of a facility registration by the department.
(5) Bulk storage construction standards for primary, secondary, and operational containment facilities that are constructed after the effective date of this rule shall be of a type recommended by any of the following entities:
(a) Michigan state university.
(b) Midwest plan service.
(c) Tennessee valley authority.
(d) A licensed engineer.
(e) Other sources approved by the department.
(6) The department is not liable for the structural integrity of a department-approved storage facility.
History
- History: 1992 AACS.
Mich. Admin. Code R 285.640.4 Primary containment of bulk liquid pesticides {#sec-r-285.640.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.640.4}
Rule 4. (1) A storage container shall not be made of ferrous metals unless the container is made of stainless steel, the container has a protective lining which prevents corrosion and which does not react chemically with the stored pesticide, or the manufacturer of the stored pesticide has confirmed, in writing, to the department that corrosion tests have been conducted and storage in such unlined containers has been found to be satisfactory.
(2) Storage containers and appurtenances shall be constructed of materials that are resistant to corrosion, puncture, and cracking.
(3) Metals that are used for valves, fittings, and repairs on metal containers shall be compatible with the metals that are used in the construction of the storage container so that the combination of metals does not cause or increase corrosion which may weaken the storage container or its appurtenances or create a risk of discharge.
(4) Storage containers and appurtenances shall be designed to handle all operating stresses, taking into account static head, pressure buildup from pumps and compressors, and any other mechanical stresses to which the storage containers and appurtenances may be subject in the course of operations.
(5) Storage containers and appurtenances, including pipes, shall be protected against reasonably foreseeable risks of damage by trucks and other moving vehicles that are engaged in the handling of a bulk pesticide.
(6) All wetted parts inside shutoff valves and connections from the storage container to the shutoff valve shall be made of stainless steel or other material that is approved by the department. Minibulk pesticide containers that are in compliance with DOT-57 or MACA-75 specifications are exempt from the provisions of this subrule.
(7) Provision shall be made to prevent cross-contamination due to the use of common metering or plumbing devices.
(8) Storage containers shall not be filled to more than 95% of capacity unless any of the following provisions apply:
(a) The storage container construction or location provides constant temperature control.
(b) The storage container is a minibulk pesticide container.
(c) The storage container is otherwise designed to be filled to a capacity of more than 95% of its total volume according to the manufacturer's recommendations.
(9) Flexible connections and properly supported appurtenances shall be utilized as dictated by engineering practices to reduce vibrational and stress-related deterioration.
(10) Backflow protection or a fixed air gap shall be utilized to protect water lines as required by standard engineering and plumbing practices.
(11) Primary containment piping shall be located above the ground and within secondary containment.
(12) Storage containers shall be anchored, elevated, or secured by some other means to prevent flotation or instability.
(13) Mobile storage containers that contain liquid pesticide shall be stored not less than 100 feet from a water well or surface water or as required by the pesticide label, whichever distance is greater.
(14) A person shall not store liquid pesticide in an underground storage container. This prohibition does not apply to a watertight catch basin or sump that is used for the temporary collection of runoff or rinsate from transfer and loading areas.
(15) Storage containers which are located outdoors and which are more than 10 feet in height shall be placed a minimum of 5 feet from the secondary containment wall or, as an alternative, shall be designed to prevent liquid pesticide discharges from the storage container over the side of the dike wall. The distance between containers shall be adequate to allow for inspection and maintenance.
(16) Facilities that have existing secondary containment areas on the effective date of this rule are exempt from the wall setback and design requirements specified in subrule (15) of this rule. The distance between containers shall be adequate to allow for inspection and maintenance.
(17) Storage containers which are located within a walled structure and which are lower than the surrounding walls are exempt from the wall setback and design requirements specified in subrule (15) of this rule. The distance between containers shall be adequate to allow for inspection and maintenance.
(18) All bulk pesticide containers shall be labeled in accordance with the provisions of Act No. 171 of the Public Acts of 1976, as amended, being S286.551 et seq. of the Michigan Compiled Laws, and the federal insecticide, fungicide, and rodenticide act of 1988, as amended, 7 U.S.C.S136 et seq. The registered product label shall be affixed in a prominent location on the bulk pesticide storage container and shall be designed to remain intact and legible throughout the active use of the container.
(19) Facilities that are placed in service after the effective date of this rule shall immediately comply with this rule. Facilities that are in service before the effective date of this rule shall have 1 year to comply with this rule.
History
- History: 1992 AACS.
Mich. Admin. Code R 285.640.5 Liquid level gauging devices {#sec-r-285.640.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.640.5}
Rule 5. (1) Every storage container shall be equipped with a liquid level gauging device that can readily and safely determine the level of liquid in the storage container. A liquid level gauging device is not required if the level of liquid in a storage container can be readily and reliably measured by other means.
(2) Liquid level gauging devices shall be secured to protect against breakage or vandalism.
(3) External sight gauges are prohibited.
(4) Facilities that are placed in service after the effective date of this rule shall immediately comply with this rule. Facilities that are in service before the effective date of this rule shall have 1 year to comply with this rule.
History
- History: 1992 AACS.
Mich. Admin. Code R 285.640.6 Venting requirements {#sec-r-285.640.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.640.6}
Rule 6. (1) Each storage container that is used for bulk liquid pesticide shall be equipped with a vent that has a hood or an inverted opening.
(2) Conservation vents shall be used on containers that store products where loss of vapor affects product quality or where the vapor is harmful to plants, animals, or humans.
(3) Conservation vents shall open and close within the designed pressure limits of the storage container.
(4) Full compliance with the provisions of this rule is required 90 days after the effective date of this rule.
History
- History: 1992 AACS.
Mich. Admin. Code R 285.640.7 Security requirements {#sec-r-285.640.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.640.7}
Rule 7. (1) Storage containers and appurtenances shall be secured to provide reasonable protection from wildlife, vandalism, and unauthorized access. Security shall be provided by fencing, lighting, locks, or other approved means.
(2) Appurtenances on storage containers shall be locked or otherwise secured, except when persons who are responsible for facility security are present at the facility.
(3) Valves on mobile containers which contain liquid pesticide and which are parked unattended at a storage facility shall be locked or secured, except when persons who are responsible for facility security are present at the facility.
(4) Every storage container connection, except a safety relief connection, shall be equipped with a shutoff valve that is located on the storage container or at a distance from the storage container dictated by standard engineering practice.
(5) For bulk storage containers that have pumps located at the top of the tank, a shutoff valve between the pump and the tank is not required only if a shutoff valve is located between the pump and the outlet.
(6) For multiple valves that are located on a single line, the valve closest to its container shall be locked or secured, except when persons who are responsible for facility security are present at the facility. For elephant rings, the last valve that is located within the containment area shall be locked or secured as stated in this rule.
(7) Valves on empty containers shall be closed.
(8) Minibulk pesticide containers that are in compliance with DOT-57 or MACA-75 specifications are exempt from the valve requirements specified in subrules (4) and (5) of this rule.
(9) Full compliance with the provisions of this rule is required 180 days after the effective date of this rule.
History
- History: 1992 AACS.
Mich. Admin. Code R 285.640.8 Secondary containment of bulk liquid pesticides {#sec-r-285.640.8 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.640.8}
Rule 8. (1) Primary storage containers of bulk pesticide shall be located within a diked containment area that is constructed with a base, perimeter wall, sloped floor, and watertight catch basin or sump. A containment area shall not have a relief outlet or discharge valve unless the requirements of subrule (8)(d) of this rule are met.
(2) Minibulk pesticide containers that are in compliance with DOT-57 or MACA-75 specifications are exempt from secondary containment requirements. These minibulk containers shall be placed upon a paved impermeable surface.
(3) A container which is used solely for the premixing of use solutions, which has a maximum volume of 2,500 gallons, and which is in compliance with all of the following requirements shall be exempt from secondary containment requirements:
(a) The container shall be attended by facility personnel at all times when being used for mixing.
(b) The contents of the container shall be completely removed at least once every 24 hours.
(c) The container shall be placed upon a paved impermeable surface.
(d) The container shall be in compliance with the requirements specified in R 285.640.4.
(4) Capacity requirements for secondary containment areas are as follows:
(a) The diked area for containment at a bulk storage facility that is not protected from rainfall shall contain a minimum of 110% of the volume of the largest storage container within the diked area, plus the volume that is occupied by all other tanks within and below the height of the dike, plus the volume of a 6-inch rainfall.
(b) The diked area for containment at a bulk storage facility that is protected from rainfall shall contain a minimum of 110% of the volume of the largest storage container within the diked area, plus the volume that is occupied by all other tanks within and below the height of the dike.
(c) Secondary containment areas which were constructed before the effective date of this rule and which have a minimum capacity of 110% of the volume of the largest storage container within the diked area, plus the volume that is occupied by all other tanks within and below the height of the dike, shall be deemed to be in compliance with this rule. Any such storage facility shall, upon alteration of the secondary containment area or increases in storage container volume, be brought into full compliance within 1 year of the alteration or increase.
(d) Secondary containment that is not located within a roofed building shall provide for separation between bulk pesticides and bulk fertilizers to the extent that a common wall or curb between the pesticide and fertilizer areas will accomplish either of the following:
(i) Prevent pesticide from entering the fertilizer area, but allow fertilizer to enter and utilize the pesticide area while maintaining the capacity requirements specified in subdivisions (a) to (c) of this subrule.
(ii) Maintain a complete separation of fertilizer and pesticide, with or without a common wall, if each separate area maintains the capacity requirements specified in subdivisions (a) to (c) of this subrule.
(5) Wall requirements for secondary containment areas are as follows:
(a) The walls of a secondary containment area shall be constructed of any of the following materials and shall be designed to withstand a full hydrostatic head of any discharged liquid and weight load of material:
(i) Steel.
(ii) Poured reinforced concrete.
(iii) Precast concrete modules.
(iv) Solid masonry.
(v) Other materials approved by the department.
(b) Cracks and seams shall be sealed to prevent leakage.
(c) Walls shall not be more than 6 feet in height above interior grade unless provision is made for normal access and necessary emergency access to tanks, valves, and other equipment and for the safe exiting from the secondary containment facility.
(d) Walls that are constructed of concrete or solid masonry shall rest upon a floating base of concrete that is prepared as specified in subrule (7)(a) of this rule or upon suitable concrete footings that extend below the average frost depth to provide structural integrity. Joints between walls and base shall be made watertight.
(e) Piping shall not be installed through the secondary containment wall, except for interconnections between multiple secondary containment structures.
(6) Base requirements for secondary containment areas are as follows:
(a) The base of a secondary containment area shall slope to a watertight catch basin or sump where accumulated liquids can be removed.
(b) The base and any earthen walls of the secondary containment area shall be lined with concrete, steel, or approved synthetic liners.
(7) Liner requirements for secondary containment areas are as follows:
(a) Concrete liners shall be designed according to good engineering practices to withstand any foreseeable loading conditions, including a full hydrostatic head of discharged fluid and static loads of storage containers, including appurtenances, equipment, and contents. Cracks and seams shall be sealed to prevent leakage.
(b) Steel plates may be used for wall and base liners. Installation plans shall be approved by the department. The plates shall be protected against corrosion and joined in a manner to provide watertight joints.
(c) Synthetic liners and installation plans shall be approved by the department. A synthetic liner will not be approved by the department until the manufacturer of the liner provides the department with a written confirmation of compatibility and a written estimate of the life expectancy of the liner.
(d) Synthetic liners shall have a minimum thickness of 30 mils (0.8 millimeters) and be compatible with the materials being stored within the facility.
(e) Synthetic liners shall be installed under the supervision of a qualified representative of the manufacturer and all field-constructed seams shall be tested and repaired, if necessary, in accordance with the manufacturer's recommendations.
(f) Prefabricated diked areas shall not have a relief outlet or discharge valve. The base shall slope to a collecting spot where storm water can be discharged by a manually activated pump for use in the blending process or for proper disposal in accordance with the provisions of R 285.640.11.
(g) The department may approve the use of experimental materials upon written confirmation from the manufacturer regarding the pertinent specifications of the material for use in pesticide containment.
(8) Catch basin or sump requirements for secondary containment areas are as follows:
(a) The sump construction shall conform to the thickness specifications, on all sides including the base of the sump, for the remainder of the containment area base and shall be watertight.
(b) Discharge valves or drains shall not be plumbed into the sump unless the requirements of subdivision (d) of this subrule are met.
(c) Design and construction specifications for the sump shall address sediment accumulation, sediment removal, and freeze-thaw cycles.
(d) An exception for allowing discharge valves or drains to be plumbed into the sump may be granted if a catchment system that includes a catch drain, discharge valve, and concrete sump tank, as described in this subdivision, is operational and if all of the following conditions are met:
(i) The containment area and discharge valve or drain shall be in existence before the effective date of this rule. Construction of containment areas with discharge valves or drains will not be permitted after the effective date of this rule.
(ii) Concrete-lined areas shall have a recessed catch drain that runs through the center of the base. The catch drain shall be a minimum of 6 inches deep and 12 inches wide with an open grate cover.
(iii) The concrete slab that is located beneath the catch drain shall be at least the same thickness below and to the sides of the drain as the base is throughout the containment area and shall be in compliance with the provisions of R 285.640.8(6)(a).
(iv) The concrete base shall slope to the drain, and the drain shall slope to a discharge valve at the edge of the dike.
(v) The discharge valve shall be closed and secured at all times, except when in use as specified in paragraph (vi) of this subdivision, at which times it shall be attended by responsible personnel.
(vi) The discharge valve shall drain to an underground concrete sump tank that has a maximum capacity of 1,200 gallons. A self-priming recovery pump shall be used to move all materials from the tank to alternate contained storage. The sump tank shall be used as a temporary catchment only. The sump tank shall be pumped at least weekly during non-winter months to remove any water or pesticide material that it collects.
(vii) Liquids that accumulate in this type of catchment system shall be managed in accordance with the provisions of R 285.640.11(2)(a) only.
(9) Facilities that are placed in service after the effective date of this rule shall immediately comply with this rule. Facilities that are in service before the effective date of this rule shall have 2 years to comply with this rule.
History
- History: 1992 AACS.
Mich. Admin. Code R 285.640.9 Alternative to diking for storage containers {#sec-r-285.640.9 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.640.9}
Rule 9. (1) An individual storage container that does not have a capacity of more than 3,000 gallons may be contained within a secondary storage container, that is, an elephant ring, instead of a diked containment area.
(2) Both the primary storage container and the elephant ring shall be fabricated of material that is compatible with each other and with the pesticide that is being stored.
(3) The height of the elephant ring wall shall not be more than 4 feet.
(4) The volume that is contained within the secondary storage walls up to the working height of the elephant ring shall be sufficient to contain 110% of the volume that is contained in the primary storage container plus the volume that is displaced by the footings of any equipment which is placed within the secondary containment vessel.
(5) The elephant ring shall be free of leaks and structural defects. The base shall be protected from corrosion, both from inside and outside, and shall be underlaid with a concrete pad or with 8 inches of compacted gravel beneath 4 inches of compacted sand or clay, or shall be protected as recommended by the manufacturer of the elephant ring and approved by the department.
(6) All piping connections to the primary storage container shall be made over the wall of the elephant ring and shall be adequately supported and braced. Pumps and other fixtures, if located within the elephant ring containment structure, shall be placed on an elevated platform or otherwise protected from water accumulation.
(7) Accumulations of storm water and other material shall be pumped over the wall of the elephant ring by means of a pump within the secondary container or by means of an exterior portable pump and shall be disposed of in accordance with the provisions of R 285.640.11(2).
(8) A maximum of 3 elephant rings per bulk storage facility will be permitted.
(9) Full compliance with the provisions of this rule is required 1 year after the effective date of this rule.
History
- History: 1992 AACS.
Mich. Admin. Code R 285.640.10 Operational area containment of liquid pesticides {#sec-r-285.640.10 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.640.10}
Rule 10. (1) Operational areas shall be curbed or sloped to allow the containment of accumulated liquids. The area shall be constructed of reinforced concrete or other suitable material approved by the department, to provide an impermeable surface.
Operational area activities at the pesticide storage facility shall be carried out within this area.
(2) The operational area containment shall form or drain into a watertight catch basin or sump. The sump shall meet the requirements of R 285.640.8(8).
(3) The operational area containment shall be constructed and reinforced to handle at least the foreseeable maximum gross load, including all of the following:
(a) Product.
(b) Equipment that utilizes the operational area.
(c) Mobile containers.
(d) Motor vehicles.
(4) Size and capacity requirements for operational area containments are as follows:
(a) The operational area containment shall have a minimum width of 10 feet and a minimum length of 20 feet.
(b) Except as provided in subdivision (c) of this subrule, curbed surfaces and catch basins shall be of adequate size and design to contain a minimum of 1,500 gallons of discharged liquid.
(c) If there are no storage containers that are used at the storage facility which have a capacity of more than 1,000 gallons, and if there are no mobile containers that are used to transfer liquid pesticide to and from storage containers which have a capacity of more than 1,000 gallons, the curbed surface and catch basin shall be of adequate size and design to contain 110% of the volume of whichever is greater, the largest storage container or the largest mobile container that is used.
(d) The operational area containment capacity may include an aboveground container for temporary storage if a pump is installed which automatically transfers the contents of the sump into the container and the container is located within secondary containment.
(5) Any filling or unloading point of a mobile container shall be positioned over the paved area during loading or unloading to assure retention of any discharge.
(6) The secondary containment area that is described in R 285.640.8 can, under the following conditions, be jointly utilized as an operational containment area instead of a separate operational containment area:
(a) Secondary containment areas are not lined with synthetic liners.
(b) Sufficient capacity requirements and the provisions of R 285.640.8 and this rule are complied with.
(7) Storage containers and appurtenances, including pipes, shall be protected against reasonably foreseeable risks of damage by trucks and other moving vehicles that are engaged in the loading or unloading of bulk pesticide.
(8) Loading and unloading operations shall be supervised at all times by an attendant who is familiar with the operation of the mechanical appurtenances in use at the facility and who is familiar with the procedures that are used for the control and recovery of discharges.
(9) This rule does not apply to mobile containers that are used to nurse field operations when at a field unloading site.
(10) Facilities that are placed in service after the effective date of these rules shall immediately comply with this rule. Facilities that are in service before the effective date of this rule shall have 2 years to comply with this rule.
History
- History: 1992 AACS.
Mich. Admin. Code R 285.640.11 Containment area management and operation {#sec-r-285.640.11 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.640.11}
Rule 11. (1) Accumulated precipitation, spills, or leaks within diked or sloped containment areas shall be managed as follows:
(a) Accumulated liquids shall be removed by a manually activated pump.
(b) Accumulated liquids in the sump and containment area shall be removed within 72 hours of accumulation.
(c) Recovered pesticide, washwater, rinsate, or accumulated liquids shall be utilized in accordance with the provisions of subrule (2) of this rule.
(2) Precipitation accumulation in secondary, operational, or elephant ring containment areas shall be utilized or disposed of in accordance with 1 of the following provisions:
(a) Contain, temporarily store, and reuse all liquid materials that accumulate. The disposal of liquids from the containment area as surface runoff is not permitted.
(b) Contain, temporarily store, and reuse all liquid materials that accumulate during the agrichemical application season. Clean and rinse the containment area at the end of the season in accordance with the provisions of subrule (3) of this rule. Only after cleaning and without the occurrence of any spills or leaks within the containment area, dispose of liquids from the containment area as surface runoff in accordance with state and local requirements until the agrichemical application season recommences.
(c) Contain all liquid materials that accumulate, test liquids using departmentapproved methods for the presence of contaminants, and dispose of liquid as surface runoff only when state and local requirements are met.
(d) Utilize small containers beneath all connections, pumps, and potential spill areas. Contain, temporarily store, and reuse or dispose of all liquid materials that accumulate within these small containers.
Dispose of precipitation that accumulates within the remainder of the containment area as surface runoff in accordance with state and local requirements, only if no spills or leaks have occurred outside of the small containers.
(3) Containment areas shall be cleaned as follows:
(a) Power wash the area using a biodegradable cleaner.
(b) Triple rinse the area using water under high pressure.
(c) Remove all rinsate that is generated by the containment area cleaning process.
(4) Accumulated liquids shall not be released into any watercourse, storm sewer, field tile, or sanitary sewer.
(5) Discharges or spills that are incidental to loading or unloading shall be promptly recovered from the containment area and catch basin such that the capacities required pursuant to the provisions of R 285.640.8(4) and R 285.640.10(4) are available at all times.
(6) Facilities that are placed in service after the effective date of this rule shall immediately comply with this rule. Facilities that are in service before the effective date of this rule and have completed secondary or operational containment areas, shall immediately comply with this rule. Facilities that are in service before the effective date of this rule shall immediately comply with this rule upon completion of secondary or operational containment areas in compliance with R 285.640.8, R 285.640.9, or R 285.640.10.
History
- History: 1992 AACS.
Mich. Admin. Code R 285.640.12 Abandoned containers {#sec-r-285.640.12 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.640.12}
Rule 12. (1) Storage containers and other containers that are used at a storage facility to hold bulk pesticide or pesticide rinsates are considered abandoned if they have been out of service for more than 6 months because of a weakness or leak or have been out of service for any reason for more than 2years.
(2) Abandoned underground containers, including abandoned underground catch basins, shall be thoroughly cleaned by triple rinsing, or the equivalent, and removed from the ground or thoroughly cleaned and filled with an inert solid. All connections and vents shall be disconnected and sealed. A record of the catch basin size, location, and method of closing shall be maintained at the storage facility or as otherwise provided for in this rule.
(3) Abandoned aboveground containers shall be thoroughly cleaned by triple rinsing or the equivalent. All valves and connections on the containers shall be removed and the openings shall be sealed.
(4) A secondary containment facility is not considered abandoned merely because there have been no spills in the secondary containment area.
(5) Full compliance with the provisions of this rule is required 90 days after the effective date of this rule.
History
- History: 1992 AACS.
Mich. Admin. Code R 285.640.13 Site closure and discontinuation of operation {#sec-r-285.640.13 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.640.13}
Rule 13. (1) When a bulk pesticide storage facility is closed or operations are discontinued, all of the following provisions shall be complied with:
(a) All pesticides, rinsates, washwaters, and other materials that contain pesticides shall be removed from the facility site and utilized for the original intended purpose of the product or disposed of in a manner approved by the department.
(b) The storage containers at the facility shall be thoroughly cleaned by triple rinsing or the equivalent. All valves and connections on containers shall be removed and the openings shall be sealed.
(2) Full compliance with the provisions of this rule is required 90 days after the effective date of this rule.
History
- History: 1992 AACS.
Mich. Admin. Code R 285.640.14 Storage of bulk dry pesticides {#sec-r-285.640.14 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.640.14}
Rule 14. (1) Dry pesticide materials shall be stored in storage containers that are effectively designed and constructed to hold bulk dry pesticide and shall be compatible with the stored pesticide. Storage containers shall be constructed of materials that are resistant to corrosion, puncture, and cracking and shall be maintained in a good state of repair.
(2) Bulk dry pesticide storage containers that are held outdoors shall be placed on pallets or on a raised concrete platform that is drained to prevent the accumulation of water in or under the pesticide.
(3) Except during loading or unloading, stored bulk dry pesticide shall be covered by a roof or tarpaulin to keep precipitation off the pesticide.
(4) All loading, unloading, mixing, and handling of dry pesticide at the storage facility shall be conducted on a paved impermeable surface of a size and design that will contain the pesticide and allow for the collection of spilled material to be recycled, applied at labeled rates, or disposed of in a manner approved by the department.
(5) Storage facilities shall be secured against the entry of unauthorized persons or wildlife.
(6) Full compliance with the provisions of this rule is required 90 days after the effective date of this rule.
History
- History: 1992 AACS.
Mich. Admin. Code R 285.640.15 Discharge response plan {#sec-r-285.640.15 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.640.15}
Rule 15. (1) An operator of a storage facility shall prepare a written discharge response plan for the storage facility. The plan shall include all of the following information:
(a) The identities and telephone numbers of the persons or agencies that shall be contacted in the event of a discharge, including the persons who are responsible for the stored pesticide.
(b) For each bulk pesticide that is stored at the facility, a complete copy of the storage container labeling that is required by this rule and the labeling required by the provisions of Act No. 171 of the Public Acts of 1976, as amended, being S286.551 et seq. of the Michigan Compiled Laws, to accompany the sale of the pesticide.
(c) An identification, by location, of every bulk storage container that is located at the bulk storage facility, together with the type of pesticide it contains. The plan need not include the specific location of each storage container of minibulk pesticide if the plan includes the general location within the facility where storage containers of minibulk pesticide are held.
(d) For each type of pesticide that is stored at the facility, the procedures to be used in controlling and recovering, or otherwise responding to, a discharge or spill.
(e) The procedures to be followed in using or disposing of a recovered discharge or spill.
(2) An operator shall keep the plan current at all times.
(3) A copy of the plan shall be kept readily available at the storage facility and at the nearest local office from which the storage facility is administered and shall be available for inspection by the department.
(4) The operator of the storage facility shall inform the local fire and police departments of the existence of the plan and shall provide a current copy of the plan to the local fire and police departments.
(5) The owner or manager of a bulk pesticide storage facility shall conduct emergency and discharge response training for all new and existing employees of the facility annually before the beginning of the pesticide use season. New employees shall receive training within 30 days of employment. A firm's owner, manager, and employees are responsible for following the firm's emergency and discharge response plan procedures.
(6) All of the following provisions apply to emergency equipment and supplies:
(a) Every storage facility shall have access to pumps and recovery containers that can be used to control and recover discharges. Pumps, recovery containers, and persons who are capable of deploying and operating pumps and recovery containers shall be readily available in an emergency. Pumps and recovery containers may include pumps and recovery containers that are operated by a localfire department or other persons if the use and availability of the pumps and recovery containers is arranged in advance as part of a discharge response plan.
(b) Absorbent materials that are suitable for the control and cleanup of smaller discharges shall be readily available to every storage facility.Used absorbent materials shall be disposed of properly.
(c) Reportable agrichemical spills, as defined in the provisions of SARA title III and CERCLA, shall be immediately reported by telephone to both of the following entities:
(i) Michigan department of natural resources, 1-800-292-4706, available 24 hours a day.
(ii) National response center, 1-800-424-8802.
(d) Any discharge that is not covered by the provisions of SARA title III or CERCLA pertaining to reportable agrichemical spills shall be immediately reported to the department of natural resources.
(7) Full compliance with the provisions of this rule is required on the effective date of this rule.
History
- History: 1992 AACS.
Mich. Admin. Code R 285.640.16 Inspection and maintenance requirements {#sec-r-285.640.16 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.640.16}
Rule 16. (1) An operator of a storage facility shall maintain all of the following so as to minimize the risk of a discharge:
(a) Storage facilities.
(b) Secondary containment areas.
(c) Operational areas.
(d) Storage containers.
(e) Appurtenances.
(2) An operator of a storage facility shall inspect all of the following at least once every month when the facility is being utilized for the storage of bulk pesticides:
(a) The facility.
(b) Secondary containment areas.
(c) Operational areas.
(d) Storage containers.
(e) Appurtenances. The inspection shall include a visual observation for any evidence of leaks, spills, cracks, solar decay, or wear.
(3) All secondary containment and operational areas shall be maintained free of debris and foreign matter.
(4) Elephant rings shall be inspected by the operator at least once every month and shall be maintained as necessary to assure compliance with this rule.
(5) A written record of all inspections and maintenance shall be made on the day of the inspection or maintenance and shall be kept at the storage site or at the nearest local office from which the storage site is administered.
(6) Full compliance with the provisions of this rule is required on the effective date of this rule.
History
- History: 1992 AACS.
Mich. Admin. Code R 285.640.17 Recordkeeping requirements {#sec-r-285.640.17 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.640.17}
Rule 17. (1) All of the following records shall be prepared and maintained on file at every storage facility or at the nearest local office from which the storage facility is administered:
(a) A record of all discharges to the environment or spills within containment areas at the storage facility, including all of the following information:
(i) The date and time of the discharge or spill.
(ii) The type and volume of the liquid bulk pesticide or dry bulk pesticide involved.
(iii) The cause and any action taken to control or recover the discharge or spill.
(iv) The method of use or disposal of any recovered materials. This record shall be completed on the day the discharge or spill is discovered and shall be promptly updated to show measures taken to control, recover, use, or dispose of the recovered materials.
(b) An inventory reconciliation for each storage container. When facilities are in use for storage, an inventory reconciliation shall be conducted at least once each year to compare the measured level in a storage container against shipments in and out of the container.
(c) Inspection and maintenance records that pertain to any of the following as required by the provisions of this rule:
(i) Storage containers.
(ii) Appurtenances.
(iii) Operational area containment.
(iv) Secondary containment facilities.
(d) Copies of department inspection reports.
(e) A permanent record of abandoned underground containers in accordance with the provisions of R 285.640.12.
(f) Facility site plan information required pursuant to the provisions of R 285.640.2(1) and (2).
(2) Records shall be maintained for the following periods:
(a) Records that are required pursuant to the provisions of subrule (1)(e) of this rule shall be maintained as permanent records.
(b) Records that are required pursuant to the provisions of subrule 1(a) to (d) and (f) of this rule shall be maintained for not less than 3 years.
(c) Records shall be available for inspection and copying by the department.
(3) Full compliance with the provisions of this rule is required on the effective date of this rule.
History
- History: 1992 AACS.
Mich. Admin. Code R 285.640.18 Remediation actions {#sec-r-285.640.18 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.640.18}
Rule 18. (1) If a discharge to the environment is reported or, if as a result of observation or laboratory analysis by a state or federal agency, it is determined that a discharge to the environment has occurred, an operator shall comply with all of the following provisions:
(a) Remove contaminated materials from the site, determine the concentration of pesticide, and field-apply at or below labeled rates or properly dispose of the contaminated materials according to the department of natural resources directives.
(b) Submit a revised facility site plan to the department within 90 days after being notified of a discharge to the environment. This revised site plan shall indicate the changes proposed to prevent further discharges to the environment and be reviewed and approved by any state or federal agency deemed necessary by the department.
Following approval by the department, the facility operator shall implement the changes that are designated in the revised site plan in a time period as specified by the department.
(c) If the facility operator decides to close the facility as a result of a contamination notification, the facility shall be closed in accordance with the provisions of R 285.640.13.
(2) Full compliance with the provisions of this rule is required on the effective date of this rule.
History
- History: 1992 AACS.
Mich. Admin. Code R 285.640.19 Advisory information {#sec-r-285.640.19 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.640.19}
Rule 19. (1) The information specified in this rule is offered by the department with respect to other state agencies and their policies and regulations that may have an impact on bulk storage facilities.
(2) All the following provisions apply to flammable and combustible liquids:
(a) A person who stores, or who is considering the storage of, bulk pesticides is advised that a number of commonly used pesticides are classified as combustible liquids. Act No. 207 of the Public Acts of 1941, as amended, being S29.1 et seq. of the Michigan Compiled Laws, defines "combustible liquids" as liquids that have a flash point at or above 100 degrees Fahrenheit and below 200 degrees Fahrenheit.
Regulations covering the transportation and storage of these liquids have been promulgated by the state fire safety board. The degree of regulation regarding bulk storage of these hazardous liquids depends primarily upon the volume of the storage container and its location with respect to other sources of combustion. These regulations apply to all of the following areas:
(i) Tank construction.
(ii) Supports.
(iii) Location.
(iv) Spacing.
(v) Diking.
(vi) Venting.
(vii) Valves.
(viii) Piping.
(ix) Back flow protection.
(x) Pumps.
(xi) Loading and unloading facilities.
(xii) Labeling.
(xiii) Equipment maintenance.
(b) Copies of the rules that apply to the storage of flammable and combustible liquids, as well as additional information, are available from the State Fire Safety Board, Fire Marshal Division, 3705 West Jolly Road, Lansing, Michigan 48911.
(c) A list of pesticides that are classified as combustible liquids is available from the Michigan Department of Agriculture, Pesticide and Plant Pest Management Division, P.O.
Box 30017, Lansing, Michigan 48909.
(3) All the following provisions apply to discharge, spill, or release reporting and remediation:
(a) A person who operates a bulk storage facility is advised that discharges, spills, or releases of bulk pesticide to the environment in a manner inconsistent with the label directions may have reporting or remedial action obligations to the department of natural resources.
(b) Act No. 245 of the Public Acts of 1929, as amended, being S323.1 et seq. of the Michigan Compiled Laws, and known as the water resources commission act, regulates discharges or potential discharges into waters of the state, including groundwater. Copies of this act and other pertinent rules are available from the Michigan Department of Natural Resources, Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909.
(c) Act No. 307 of the Public Acts of 1982, as amended, being S299.601 et seq. of the Michigan Compiled Laws, and known as the environmental response act, identifies, prioritizes, provides response activities for, and sets cleanup standards for, environmental contamination sites. Copies of this act and other pertinent rules are available from the Michigan Department of Natural Resources, Environmental Response Division, P.O. Box 30028, Lansing, Michigan 48909.
(4) Both of the following provisions apply to the disposal of certain pesticides:
(a) A person who operates a bulk storage facility is advised that the disposal of pesticides may be regulated by the department of natural resources.
(b) Act No. 64 of the Public Acts of 1979, as amended, being S299.501 et seq. of the Michigan Compiled Laws, and known as the hazardous waste management act, regulates the generation, transportation, storage, and disposal of hazardous wastes.
Copies of this act and other pertinent rules are available from the Michigan Department of Natural Resources, Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909.
(5) All the following provisions apply to the pollution incident prevention plan (PIPP) requirements:
(a) A person who operates a bulk storage facility is advised that the department of natural resources may require the submittal of a plan of loss prevention and recovery depending upon the type of material being processed or stored.
(b) The registration application, discharge response plan, and facility site plans required by the provisions of R 285.640.2 may be submitted as a PIPP plan to the department of natural resources. The department of natural resources may determine that this information meets all, or only a portion of, the requirements for the PIPP plans.
(c) The provisions of R 323.1151 to R 323.1169 of the water resources commission promulgated pursuant to Act No. 245 of the Public Acts of 1929, as amended, being S323.1 et seq. of the Michigan Compiled Laws, require that a pollution incident prevention plan be submitted for approval to the district office of the department of natural resources, waste management division. Copies of this act, other pertinent rules, district office locations, and requirements for the PIPP plans are available from the Michigan Department of Natural Resources, Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909.
(6) Both of the following provisions apply to bulk storage facility designs:
(a) A person who operates a bulk storage facility is advised that the department, upon issuing a facility registration, is not liable for the structural integrity of the storage facility.
(b) A licensed professional engineer should be consulted with for designs and construction specifications for the modification or construction of a bulk storage facility to meet the provisions and requirements of these rules.
History
- History: 1992 AACS.
R 285.641.1 to R 285.641.18 Regulation No. 641. Commercial Fertilizer Bulk Storage
Mich. Admin. Code R 285.641.1 Definitions {#sec-r-285.641.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.641.1}
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
PESTICIDE AND PLANT PEST MANAGEMENT DIVISION
REGULATION NO. 641. COMMERCIAL FERTILIZER BULK STORAGE
(By authority conferred on the department of agriculture and rural development by section 8513 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.8513)
Rule 1. (1) As used in these rules:
(a) “API 650 standard” means the American Petroleum Institute standard number 650, thirteenth edition of January 2021, containing standards for the design and construction of welded steel tanks for oil storage, published by the American Petroleum Institute 200 Massachusetts Avenue NW, Suite 1100, Washington, D.C., 20001-5571, https://www.api.org or surviving organization.
(b) "API 653 standard" means the American Petroleum Institute standard number 653, fifth edition of November 2014 or newer, containing standards for the inspection, repair, alteration and reconstruction of welded steel tanks for oil storage, published by the American Petroleum Institute, 200 Massachusetts Avenue NW, Suite 1100, Washington, D.C., 20001-5571, https://www.api.org or surviving organization.
(c) "Approved" means approval by the director (d) "Appurtenances" means any of the following that is connected to a bulk fertilizer container or used for transferring bulk fertilizer between containers:
(i) A valve.
(ii) A gauge.
(iii) A portable manufacturing unit.
(iv) A pump.
(v) A fitting.
(vi) A hose.
(vii) A mixing container.
(viii) Plumbing.
(ix) A metering device.
(e) "Aqua ammonia" means an aqueous solution of anhydrous ammonia that generally contains 18% to 30% of ammonia (NH3) by weight and has a vapor pressure that usually varies from 0 to 10 pounds per square inch gauge (psig) at 104 degrees Fahrenheit.
(f) "Authorized inspector" means a person that is certified by the American Petroleum as outlined in Annex D of the API 653 standard.
(g) "Bladder system" means a non-adhering liner that is physically attached to the inside of the large storage tank, constructed of a compatible synthetic material, and provides physical separation of the liquid product from the sidewalls and storage container floor.
(h) "Bulk fertilizer" means fluid fertilizer in a single container that has a capacity of more than 2,500 United States gallons, fluid fertilizer in containers that have a combined total capacity for all storage containers or tanks at a single site of more than 7,500 United States gallons, or dry fertilizer in an individual quantity of more than 2,000 pounds. Bulk fertilizer includes any use solution and rinsate if they are in a container that meets the capacities specified in this subdivision.
(i) “Containment area” means a secondary containment, operational mix or load, or both, pad, or another area where fertilizer is mixed or handled.
(j) “Discharge” means an uncontained release outside the containment area to the environment exceeds 55 United States gallons of liquid or 650 pounds of dry bulk fertilizer.
“Discharge” does not include a fully contained transfer of bulk fertilizer that is made pursuant to sale, storage, distribution, or intended use.
(k) "Elephant ring" means a storage container that has an open top and serves as a secondary containment vessel into which a primary storage container with a smaller volume is placed.
(l) "Existing bulk storage facility" means a storage facility that, on the effective date of this rule, is being used to store or hold bulk fertilizer where the location of bulk containers remains the same whether a bulk container is replaced, added to, or reorganized.
(m) "Field operations" means the application of fertilizer to soil or plants during normal agricultural or horticultural practice.
(n) "Floodplain" means any land area that is subject to a 1% or greater chance of flooding.
This is equivalent to a 100-year flood.
(o) "Fluid fertilizer" means fertilizer in fluid form and includes a solution, emulsion, suspension, or slurry. “Fluid fertilizer” does not include anhydrous ammonia.
(p) “Impermeable surface” means a solid, non-porous surface that does not allow water or another liquid to penetrate.
(q) "Large storage tank" means a closed container used to store liquid fertilizer that has a capacity of 100,000 gallons or more and is constructed on site.
(r) "Mobile container" means a container designed or used for transporting fertilizer.
(s) "Modification" means a change to the size, design, or capacity of primary containment piping outside of secondary containment or a containment area at a storage facility.
(t) "New bulk storage facility" means a storage facility designated by the director or a storage facility that locates a new, used, or refurbished bulk container where, before the effective date of this rule, bulk storage was not conducted.
(u) “NPDES” means the national pollution discharge elimination system.
(v) "Operational area containment" means a structure or system that is designed and constructed to effectively intercept and contain a leak, spill, container or equipment wash water, or precipitation to prevent the runoff or leaching of fertilizer from an area or areas at a storage facility where bulk fertilizer is transferred, loaded, unloaded, mixed, impregnated, repackaged, or refilled.
(w) “Part 85” means part 85 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.8501 to 324.8522.
(x) “Portable refillable container” or PRC means a mobile container for liquid fertilizer that has a capacity of more than 55, but less than 400, United States gallons. A PRC may also be referred to as a Mini bulk container, tote, or intermediate bulk container (IBC).
(y) "Primary containment" means the storage of bulk fertilizer in a storage container at a storage facility.
(z) "Primary containment piping" consists of any conveyance of liquid fertilizer into or out of the storage area.
(aa) "Rinsate" means the liquid that is generated from the rinsing of the interior surface of fertilizer application equipment or a fertilizer container that has come in direct contact with fertilizer. The liquid is a mixture of water and a relatively low concentration of fertilizer. “Rinsate” includes the liquid that is generated by cleaning a containment area under R 285.641.10(3).
(bb) “Site” means 1 or more storage facilities owned or operated by the same person and located within 0.5 miles of each other.
(cc) "Secondary containment" means a structure, including a dike, that is effectively designed and constructed to contain a spill or leak and to prevent an escape, runoff, or leaching of fertilizer from a bulk storage container and appurtenances.
(dd) "Spill" means a contained release, within a containment area or operational pad that exceeds 55 United States gallons of liquid or 650 pounds of dry bulk fertilizer. “Spill” does not include a fully contained transfer of bulk fertilizer that is made pursuant to sale, storage, distribution, or intended use.
(ee) "Storage" means the storage of bulk fertilizer by a person that manufactures or distributes bulk fertilizer.
(ff) "Storage container" means a container, rail car, nurse tank, or mobile container that is used for the storage of bulk fertilizer. “Storage container” does not include any of the following:
(i) A mobile container that stores bulk fertilizer at a storage facility for less than 30 consecutive days if the storage is incidental to the loading or unloading of a storage container at the storage facility.
(ii) A mobile container that is located on property other than property that is owned, operated, or controlled by an owner or operator of a storage facility for less than 30 consecutive days.
(iii) A rail car that stores bulk fertilizer at a storage facility for less than 30 consecutive days without reloading or unloading.
(iv) A container that is 2,500 gallons or less and used solely as emergency storage for a leaking fertilizer container.
(gg) "Storage facility" means a facility that is used to store or hold bulk fertilizer and is owned, operated, controlled, or leased by a person that manufactures or distributes bulk fertilizer.
(hh) “Sump” means a watertight catch basin or reservoir, and each trench and trough connected to it that serves to temporarily hold and collect liquid.
(ii) "Surface water" means a body of water that has its top surface exposed to the atmosphere and includes a lake, pond, or water hole that covers an area of more than 0.25 acres and a stream, river, or waterway that maintains a flow year round. “Surface water” does not include a waterway that has an intermittent flow.
(jj) “Synthetic fertilizer” means a fertilizer manufactured from 1 or more synthetic materials that does not contain any animal part, animal byproduct, manure, or rendering.
(kk) "Washwater" means the liquid that is generated from rinsing the exterior surface of application, handling, storage, transportation, or nurse equipment. “Washwater” does not include liquid that is generated by cleaning a containment area under R 285.641.10(3).
(2) A term defined in part 85 has the same meaning when used in these rules.
History
- History: 1998-2000 AACS; 2026 MR, 12, Eff. July 2, 2026.
Mich. Admin. Code R 285.641.2 Storage facility registration {#sec-r-285.641.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.641.2}
Rule 2. (1) A storage facility cannot be operated in this state until it is registered with the department. Each storage facility shall submit a registration application on forms provided by the department. The registration application must disclose the physical location of the storage facility and its mailing address if different from the address on the application. A storage facility shall have a site plan and discharge response plan current and maintained onsite pursuant to R 285.641.14. The site plan of the storage facility must be submitted with the registration application. The site plan must include the following:
(a) A plot plan or map of the property that shows each structure and the location of each well on the site.
(b) A plot plan or map that shows the following:
(i) Each precipitation runoff route to and from the storage facility.
(ii) The approximate distance to, and the identity of, each lake, stream, drainage ditch, or storm drain within 0.5 miles of the storage facility location.
(iii) The location of each drain inlet, outlet, or storm sewer catch basin onsite.
(iv) The distance and direction to each public and private well within 0.5 miles of the storage facility location.
(v)The site soil characteristics.
(vi)The depth to groundwater.
(c) A plot plan or map that shows the location of each bulk storage tank and their horizontal, raised, or vertical situation at the site.
(d) A tank schedule that provides the following information for each tank:
(i) The construction material.
(ii) The capacity.
(iii) The diameter.
(iv) The height.
(v) The product stored.
(vi) The date of installation.
(vii) The date the tank was manufactured, if known.
(e) An identification of the primary water source as a well, municipal water supply, or other water supply.
(f) Each secondary and operational area containment construction plan and the capacity of the containment in gallons.
(g) If a synthetic liner or synthetic material is used, the containment structure manufacturer installation and repair instructions, life expectancy, and confirmation of compatibility with fertilizer. If a prefabricated basin is used, the containment structure manufacturer confirmation of compatibility with fertilizer and manufacturer installation instructions.
(h) An operational plan for containment areas that shows the handling and utilization of a recovered fertilizer material, rinsewater, or precipitation accumulation.
(2) All registrations expire on December 31 of each year. The site plan need not be submitted with the registration application after the first registration is approved unless a modification to the storage facility occurs that affect subrule (1) of this rule. The tank registry information from subrule (1)(d) of this rule must be submitted annually.
(3) For a storage facility that has a containment under construction or that has a plan for construction, the storage facility shall submit annually the items specified in subrule (1) of this rule with the registration application until the construction has been completed.
(4) The department may approve a registration application with conditions if the applicant storage facility has met the requirements of subrules (2) and (3) of this rule. A storage facility applying for an approval with conditions shall meet each timetable for project completion as approved by the department and may have a maximum of 5 years to fully complete a project.
(5) The department may deny a registration if the applicant storage facility does not meet the requirements of this rule. The applicant storage facility may appeal a registration denial to the director for reevaluation.
(6) The department shall notify an applicant regarding the status of their registration within 120 days after receipt of the registration. This notification must indicate each condition of approval or each reason for denial of registration, if applicable. An applicant storage facility is registered for operation for the remainder of the calendar year if the department does not respond within the 120 days.
(7) The department may exempt any person from a requirement under these rules if compliance is not technically feasible and if the department finds that an alternative measure provides substantially similar protection against a discharge to the environment.
The person that requests the exemption shall provide all information that is required to prove that substantially similar protection is possible to the department.
History
- History: 1998-2000 AACS; 2026 MR, 12, Eff. July 2, 2026.
Mich. Admin. Code R 285.641.3 Siting of storage facilities {#sec-r-285.641.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.641.3}
Rule 3. (1) The siting of a storage facility must comply with applicable local, state, and federal regulations.
(2) A construction plan for a new bulk storage facility or for a modification to an existing bulk storage facility must be approved by the department before construction begins. The department must review a plan pursuant to R 285.641.2(1) and R 285.641.4.
(3) A new bulk storage facility and each respective containment area must be located as follows:
(a) Above a floodplain as defined in R 285.641.1(1).
(b) Pursuant to each setback requirement established in R 325.1601 to R 325.1676 and R 325.10801 to R 325.10833.
(4) If a floodplain, surface water, or water supply setback requirement in subrule (3) of this rule cannot be met, a storage facility shall utilize appropriate engineering safeguards to prevent water supply contamination before initial approval of a storage facility registration by the department.
(5) A drain inlet or storm sewer catch basin at the storage facility must be equipped with a valve or other approved means of closing the drain in the event of a discharge. Other approved means must be documented and covered in the storage facility’s discharge response plan.
(6) A retention pond outlet must be equipped with a valve or other approved means of closing it in the event of a discharge.
(7) storage construction standards for a primary, secondary, or operational containment facility that is constructed after the effective date of this rule must be recommended by any of the following entities:
(a) Michigan State University.
(b) Midwest Plan Service.
(c) Tennessee Valley Authority.
(d) United States Department of Agriculture Natural Resources Conservation Service.
(e) A licensed engineer.
(f) Other sources approved by the department.
(8) Each new construction plan must be maintained at the storage facility for inspection by the department.
(9) The department is not liable for the structural integrity of a department approved storage facility.
(10) An existing bulk storage facility has 5 years to comply with the changes to this rule.
A new bulk storage facility shall immediately comply with this rule.
History
- History: 1998-2000 AACS; 2026 MR, 12, Eff. July 2, 2026.
Mich. Admin. Code R 285.641.4 Primary containment of bulk liquid fertilizer {#sec-r-285.641.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.641.4}
Rule 4. (1)A storage container and an appurtenance must be constructed, installed, and maintained to prevent the unintentional discharge of fluid fertilizer.
(2) A storage container and an appurtenance must be constructed of materials that are resistant to corrosion, puncture, or cracking.
(3) A metal that is used for a valve, fitting, or repair on a metal container must be compatible with each metal that is used in the construction of the storage container so that the combination of metals does not cause or increase corrosion, which may weaken the storage container or an appurtenance or create a risk of discharge.
(4) A storage container and an appurtenance must be designed to handle all operating stresses, considering static head, pressure buildup from pumps and compressors, or any other mechanical stress that a storage container and an appurtenance may be subject in the course of operations.
(5) A storage container and an appurtenance, including a pipe, must be protected against a reasonably foreseeable risk of damage by a truck or other moving vehicle that is engaged in the handling of bulk fertilizer.
(6) A storage container and an appurtenance must be constructed of materials that are compatible with the product or products being stored and handled.
(7) A storage container cannot be filled beyond the capacity for which it is designed, considering the physical characteristics of the fluid that is being stored.
(8) A flexible connection or properly supported appurtenance must be utilized as dictated by engineering practices to reduce vibrational and stress related deterioration.
(9) Backflow protection or a fixed air gap must be utilized to protect a water line as required by standard engineering and plumbing practices.
(10) Primary containment piping must be located above the ground and within secondary containment. The end of primary containment piping or any manifold device must remain within secondary containment unless the above ground primary containment piping is made of stainless steel. Underground piping is allowed if subrule (13) of this rule is met.
(11) A manifold or primary pipe end may be positioned over an operational containment area if a valve within secondary containment can be closed, stopping the flow of fertilizer to the pipe end or manifold. The valve must be closed and locked or secured when storage facility personnel are not present.
(12) If primary piping is not within secondary containment that meets the capacity requirements of R 285.641.7 for a storage tank it is plumbed to, a valve within the secondary containment must be closed and locked or secured, stopping the flow of fertilizer to the piping outside.
(13) Underground primary containment piping is allowed provided the piping is made of stainless steel and hydrostatically tested annually, or is enclosed in a secondary containment pipe, a pipe within a pipe. An underground pipe within a pipe system must slope to a leak detection port.
(14) A pump not within secondary containment that meets R 285.641.7 or not within an operational area containment that meets R 285.641.9 must be within a structure capable of containing and recovering a leak from the pump and must be enclosed or protected from rainfall.
(15) A storage container must be anchored, elevated, or secured by some other means as necessary to prevent flotation or instability.
(16) A mobile storage container that contains liquid fertilizer must be located not less than 100 feet from a water well or surface water.
(17) Fertilizer cannot be stored in a container that is located underground.
(18) A storage facility with an existing secondary containment area shall maintain adequate distance to allow for inspection and maintenance of each storage container and between each storage container and the secondary containment wall.
(19) A storage facility constructing a new secondary containment area or making a modification to an existing secondary containment area shall maintain a minimum distance of 2 feet between each primary tank and between each primary tank and the secondary containment wall.
(20) A bulk fertilizer storage container must be labeled in a prominent location with lettering that is a minimum of 4 inches in height. In addition to the provisions of part 85, labeling must include the capacity of the storage container and grade of the product.
(21) An existing bulk storage facility has 5 years to comply with the changes in this rule.
A new bulk storage facility shall immediately comply with this rule.
History
- History: 1998-2000 AACS; 2026 MR, 12, Eff. July 2, 2026.
Mich. Admin. Code R 285.641.5 Liquid level-gauging devices {#sec-r-285.641.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.641.5}
Rule 5. (1) A storage container must be equipped with a liquid level gauging device by which the level of fluid in the storage container can be readily and safely determined.
(2) A liquid level gauging device must be secured, in a safe manner, to protect against breakage or vandalism that may result in a discharge.
(3) An external sight gauge must be equipped with a shut off valve at the bottom that is lockable or securable.
History
- History: 1998-2000 AACS; 2026 MR, 12, Eff. July 2, 2026.
Mich. Admin. Code R 285.641.6 Security requirements {#sec-r-285.641.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.641.6}
Rule 6. (1) A storage container and an appurtenance must be fenced, locked, or otherwise secured to provide reasonable protection against vandalism or unauthorized access that may result in a discharge.
(2) A valve on a rail car, nurse tank, or other mobile fertilizer container at a storage facility must be closed and locked or secured except when persons responsible for storage facility security are present at the storage facility.
(3) A storage container connection located below the maximum fill level of the container must be equipped with a shut off valve located on the storage container. The valve must be within 3 times the diameter of the outlet from the container. For a cone or spherical bottom container, the valve may be located within 3 times the diameter of the outlet from the skirt or support frame of the container, provided the pipe is secured to the skirt or support frame.
(4) For multiple valves that are located on a single line, the valve closest to the storage container must be securable.
(5) A valve on an empty container must be closed.
(6) A shut off valve at the bottom of a site gauge must be locked closed or secured when not in use.
(7) A storage facility has 180 days after the effective date of this rule to fully comply with this rule.
History
- History: 1998-2000 AACS; 2026 MR, 12, Eff. July 2, 2026.
Mich. Admin. Code R 285.641.7 Secondary containment of bulk liquid fertilizer {#sec-r-285.641.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.641.7}
Rule 7. (1) A primary storage container of bulk fertilizer must be located within a secondary containment area. Construction of a containment area that has a discharge valve or drain is not allowed after October 25, 1999.
(2) A portable refillable container containing liquid fertilizer is exempt from being stored within secondary containment if it meets DOT-57 or MACA-75 standards and is stored on an impermeable surface.
(3) The following capacity requirements apply for a secondary containment area:
(a) A secondary containment area that is not protected from rainfall must contain a minimum of 110% of the volume of the largest storage container within the diked area, plus the volume that is occupied by all other tanks within and below the height of the dike, plus the volume of a 6-inch rainfall.
(b) A secondary containment area that is protected from rainfall must contain a minimum of 110% of the volume of the largest storage container within the diked area, plus the volume that is occupied by all other tanks within and below the height of the dike.
(c) A secondary containment area that was constructed before October 25, 1999, and does not have a capacity that includes the 6-inch rainfall complies with this rule. A storage facility to which this subdivision applies must, upon alteration of the secondary containment area or increases in storage container volume, provide a capacity that includes a 6-inch rainfall within 1 year of the alteration or increase.
(d) A containment area that is not protected from rainfall must provide for separation between bulk pesticide and bulk fertilizer to the extent that a common wall or curb between the pesticide and fertilizer areas will accomplish either of the following:
(i) Prevent pesticide from entering the fertilizer area but allow fertilizer to enter and utilize the pesticide area while maintaining the capacity requirements specified in subdivisions (a) to (c) of this subrule.
(ii) Maintain a complete separation of fertilizer and pesticide, with or without a common wall, if each separate area maintains the capacity requirements specified in subdivisions (a) to (c) of this subrule.
(e) Drainage tile that underlies an area contained by an earthen dike is prohibited.
(4) The following construction requirements apply for secondary containment areas:
(a) The walls and floors of a secondary containment area must be constructed of any of the following materials and designed to withstand a full hydrostatic head of any discharged liquid and weight load of every storage container and appurtenance, including the equipment and content:
(i) Earth, if installed before the effective date of this rule.
(ii) Steel.
(iii) Poured reinforced concrete.
(iv) Precast concrete modules.
(v) Solid masonry.
(vi) Other material approved by the department.
(b) A joint, seam, or crack must be sealed to prevent leakage.
(c) A cannot exceed 6 feet in height above interior grade unless a provision is made for normal access and necessary emergency access to each tank, valve, or other equipment, and for safe exit from the secondary containment.
(d) A secondary containment system must account for the average frost depth at a storage facility location to provide structural integrity. A joint between a wall and base must be made watertight.
(e) An existing earthen wall must have a horizontal to vertical slope of at least 3 to 1 unless a steeper slope is consistent with good engineering practice, be packed and protected from erosion, and have a top that is less than 2.5 feet wide.
(f) A clay lined dike is prohibited for new construction on the effective date of this rule.
(g) Piping may not be installed through the secondary containment wall, except for an interconnection between multiple secondary containment structures. This prohibition does not apply to an existing bulk storage facility that has properly engineered, monitored, and maintained through wall piping, as determined by the department.
(h) The floor of a secondary containment area may slope to a watertight catch basin or sump. Catch basin or sump requirements for a secondary containment area are as follows:
(i) The sides and base of the sump construction must be constructed to identical thickness for the remainder of the containment area base and must be watertight.
(ii) A discharge valve or drain cannot be plumbed into the sump.
(iii) Design and construction specifications for the sump must address sediment accumulation, sediment removal, and freeze thaw cycles.
(iv) The sides and bottom of the sump must be completely visible for inspection without an individual being required to enter or break the surface of the sump area.
(i) A secondary containment area that is constructed of earth or other permeable materials must be lined with concrete, steel, an approved synthetic liner, or a clay liner to achieve water tightness.
(j) If a steel plate or plates are used as a liner, then the department may approve the installation plan. The plate or plates must be protected against corrosion and joined in a manner to provide watertight joints, and the storage facility shall prove the steel plate or plates are able to support the full hydrostatic head of discharge fluid and the static load of every storage container.
(k) A synthetic liner and installation plan must receive approval from the department before installation. A storage facility must comply with the following provisions before the department will grant synthetic liner approval:
(i) The manufacturer of the liner shall provide written confirmation of compatibility and an estimate of the life expectancy of the liner.
(ii) A synthetic liner must have a minimum thickness of 30 mils, (0.8 millimeters) and be compatible with each material being stored within the secondary containment area.
(iii) A synthetic liner must be installed under the supervision of a qualified representative of the manufacturer, and each field constructed seam must be tested and repaired, if necessary, in accordance with the manufacturer's recommendations.
(l) A secondary containment synthetic liner installed after the effective date of this rule must have a leak detection system that is installed under the liner. The leak detection system must meet the following requirements:
(i) Be actively working.
(ii) Allow for the monitoring of a collected liquid and the full recovery of liquid extracted from the system.
(m) Upon detection of liquid in the monitoring system, the operator of the storage facility shall immediately sample any detected liquid and analyze it for fertilizer content using a reputable laboratory. Each sample analysis record must be maintained and readily available. The result of an analysis with fertilizer content must be reported to the department immediately.
(n) Damage to a synthetic liner such as a rip or tear must be repaired according to the manufacturer recommendations.
(o) A storage facility shall do the following once a synthetic liner reaches the manufacturer’s life expectancy, or if the storage facility has no records on the synthetic liner:
(i) Discontinue use.
(ii) Have a licensed professional inspect the synthetic liner and determine that it is fit for continued use as originally intended.
(p) An existing soil or earthen liner may be used for a fertilizer bulk storage secondary containment structure if the liner meets the following requirements:
(i) The soil liner is maintained free of major cracking and vegetation.
(ii) The internal surface soil is sealed, including the berm of an earthen dike, with a sealing agent, such as sodium bentonite, attapulgite, or a similar clay material.
(iii) The soil liner is constructed in accordance with reliable engineering recommendations to achieve a coefficient of permeability of not more than 1.0 by 10-6 centimeters per second at construction, is maintained at a permeability of 1.0 by 10-5 centimeters per second and is a minimum of 6 inches in thickness.
(q) The department may approve the use of an experimental material upon written confirmation from the manufacturer regarding the pertinent specifications of the material for use in fertilizer containment.
(5) To be exempt from secondary containment lining requirements, a storage facility need not install a liner directly under a storage container that has a capacity of 100,000 gallons or more and has been constructed on site and put into use before October 25, 1999, if the storage facility complies with 1 of the following alternative procedures:
(a) The following provisions pertain to alternative procedure 1:
(i) A second bottom that is made of the same material as the remainder of the storage container must be constructed for the storage container. The second bottom must be placed over the original bottom and have a 3-inch minimum layer of smooth, fine gravel, coarse sand, or other material approved by the department. The department may approve an alternate method or material under this provision provided the department determines that substantially similar protection will be achieved.
(ii) The original bottom of the storage container must be tested for a leak before the sand layer and second bottom are installed. The storage facility shall maintain a record of the test on file.
(iii) The newly constructed bottom must be tested for a leak before any fluid fertilizer is stored on the newly constructed bottom. The storage facility shall maintain a record of the test on file.
(iv) A method must be employed that readily detects a leak from the newly constructed bottom into the sand layer.
(v) The newly constructed bottom must be tested not less than once every 5 years for a leak. The storage facility shall maintain a record of each test.
(b) The following provisions pertain to alternative procedure 2:
(i) A storage container must be emptied, cleaned, and tested for a leak. The walls and floors of the storage container must be tested to assure that the welds and the thickness of the steel plates are sound and strong enough to contain the fertilizer. The storage facility shall maintain a record of the inspection, test result, and any repair made to the storage container on file.
(ii) The interior floor and 24 inches up the walls of the container must be coated with an approved liner to inhibit corrosion. The storage facility shall maintain a record of the liner’s compatibility with fertilizer, life expectancy, and installation procedures on file.
(iii) An approved test for a leak, liner deterioration, and metal corrosion must be conducted not less than once every 5 years. The storage facility shall maintain a record of each test.
(c) The following provisions pertain to alternative procedure 3:
(i) An approved monitoring device must be installed in an angled boring under each tank. The monitoring device must constitute a leak detection system for each tank that will detect any leak before reaching groundwater.
(ii) Standard engineering practices and the specific characteristics of the site must be used to determine the characteristics of the monitoring devices. The location of the monitoring devices must provide the best practical early warning detection system for tank leakage.
(iii) The department shall approve each monitoring system to be implemented under this alternative procedure before installation.
(6) A storage facility has 5 years to comply with the changes to this rule
History
- History: 1998-2000 AACS; 2026 MR, 12, Eff. July 2, 2026.
Mich. Admin. Code R 285.641.8 Alternative to diking for storage containers {#sec-r-285.641.8 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.641.8}
Rule 8. (1) An individual storage container that does not have a capacity of more than 3,000 gallons may be contained within a secondary storage container, that is, an elephant ring, instead of a diked containment area.
(2) Both the primary storage container and the elephant ring must be fabricated of material that is compatible with each other and with the fertilizer that is being stored. A dissimilar metal between the primary storage container and the elephant ring contributes to electrolytic corrosion and this use is prohibited, unless a provision is made to prevent such corrosion.
(3) The height of the elephant ring wall cannot be more than 4 feet.
(4) The volume that is contained within the secondary storage walls up to the working height of the elephant ring must be sufficient to contain 110% of the volume that is contained in the primary storage container plus the volume that is displaced by the footings of any equipment that is placed within the secondary containment vessel.
(5) The elephant ring must not have a leak or structural defect. The base must be protected from corrosion, both from inside and outside, and be underlaid with a concrete pad, or with 8 inches of compacted gravel beneath 4 inches of compacted sand or clay or be protected as recommended by the manufacturer of the elephant ring and as approved by the department.
(6) A piping connection to the primary storage container must be made over the wall of the elephant ring and be adequately supported and braced. A pump or other fixture, if located within the elephant ring containment structure, must be placed on an elevated platform or otherwise protected from water accumulation.
(7) Accumulation of storm water and other material must be pumped over the wall of the elephant ring by means of a pump within the secondary container or by means of an exterior portable pump and disposed of in accordance with R 285.641.10(2).
History
- History: 1998-2000 AACS; 2026 MR, 12, Eff. July 2, 2026.
Mich. Admin. Code R 285.641.9 Operational area containment of liquid fertilizer {#sec-r-285.641.9 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.641.9}
Rule 9. (1) An operational area must be curbed or sloped to allow the containment of accumulated liquid. The area must be constructed of reinforced concrete or other suitable material approved by the department, to provide an impermeable surface. Operational area activity at the storage facility must be carried out within this area.
(2) A joint, seam, or crack must be sealed to prevent leakage.
(3) The operational area containment may form or drain into a watertight catch basin or sump. The sump must meet the requirements of R 285.641.7(4)(h).
(4) The operational area containment must be constructed and reinforced to handle not less than the foreseeable maximum gross load, including the following:
(a) Product.
(b) Equipment that utilizes the operational area.
(c) Every mobile container.
(d) Every motor vehicle.
(5) Size and capacity requirements for an operational area containment is as follows:
(a) The operational area containment must have a minimum width of 10 feet and a minimum length of 20 feet.
(b) Except as provided in subdivision (c) of this subrule, a curbed surface or a catch basin must be of adequate size and design to contain a minimum of 1,500 gallons of discharged liquid.
(c) If no storage container is used at the storage facility that has a capacity of more than 1,000 gallons, and if there is no mobile container that is used to transfer liquid fertilizer to and from a storage container that has a capacity of more than 1,000 gallons, the curbed surface or catch basin must be of adequate size and design to contain 110% of the volume of the largest storage container or the largest mobile container that is used, whichever is greater.
(d) The operational area containment capacity may include an aboveground container for temporary storage if a pump is installed that automatically transfers the contents of the sump into the container and the container is located within secondary containment.
(6) Any filling or unloading point of a mobile container must be positioned over the paved area during loading or unloading to assure retention of any discharge.
(7) The secondary containment area that is described in R 285.641.7 can, under the following conditions, be jointly utilized as an operational containment area instead of a separate operational containment area:
(a) The secondary containment area is not lined with a synthetic liner.
(b) Sufficient capacity requirement, under R 285.641.7 and this rule are complied with.
(8) A storage container and an appurtenance, including a pipe, must be protected against a reasonably foreseeable risk of damage by a truck or other moving vehicle that is engaged in the loading or unloading of bulk fertilizer.
(9) A loading or unloading operation must be supervised at all times by an attendant who is trained with the operation of each mechanical appurtenance in use at the storage facility and who is familiar with the procedures that are used for the control and recovery of a discharge.
(10) This rule does not apply to a mobile container that is used to nurse field operations when at a field unloading site.
(11) Operational area containment for a marine vessel must be per United States Coast Guard regulations. Operational area containment for a rail car may consist of a portable containment device designed to contain an area normally involved in loading or unloading of the rail car, in combination with means of transferring any release to a catch basin under subrule (5) of this rule.
(12) Hard plumbed piping used to transfer fertilizer from a rail car and marine vessel to a containment area must meet the requirements of R 285.641.4.
(13) An existing bulk storage facility has 5 years to comply with the changes to this rule.
A new bulk storage facility shall immediately comply with this rule.
History
- History: 1998-2000 AACS; 2026 MR, 12, Eff. July 2, 2026.
Mich. Admin. Code R 285.641.9a Alternative to diking for large storage tanks utilizing a bladder system {#sec-r-285.641.9a omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.641.9a}
Rule 9a. (1) A bladder system may be installed in an individual large storage tank instead of a diked containment area provided all provisions in this rule are met.
(2) Before construction and installation, the storage facility shall have written departmental approval for the proposed large storage tank and bladder system.
(3) The bladder system plan must be sealed by a professional engineer licensed in this state.
(4) A new large storage tank that has a bladder system installed into it must be constructed according to API 650 standards by an authorized inspector.
(5) An existing large storage tank that has a bladder system installed into it must be inspected according to API 653 standards by an authorized inspector with a complete, out of service internal and external inspection. The tank must be modified to meet API 653 standards before installing the bladder system.
(6) A large storage tank equipped with a bladder system must pass an out of service internal and external inspection, according to API 653 standards by an authorized inspector not less than once every 5 years after bladder system installation.
(7) A large storage tank and bladder system cannot be returned to service if any of the following occur:
(a) The tank and bladder system fails to meet the API 653 standards.
(b) The tank and bladder system are determined to be unfit for use as originally intended.
(c) The tank and bladder system are unfit for use as originally approved by the department.
(8) The synthetic liner material used in the bladder system must comply with the following provisions:
(a) The synthetic liner must have a minimum thickness of 30 mils (0.8 millimeters).
(b) The synthetic liner must be chemically compatible with each material stored within it.
(c) The manufacturer of the liner shall provide written confirmation of liner compatibility and an estimate of the liner life expectancy.
(d) The synthetic liner must be installed under the supervision of a qualified representative of the manufacturer.
(e) The synthetic liner must be capable of meeting the stresses of normal operations without disintegrating, delaminating, or otherwise failing.
(9) A storage facility shall comply with the following bladder system installation requirements:
(a) The bladder system must be installed to allow access to the space between the bladder and storage tank wall.
(b) The bladder system must include a permeable protective geotextile barrier between the bladder and storage tank wall.
(c) The bladder system must be installed under the supervision of a qualified representative of the manufacturer. A field seam must be tested and repaired, if necessary, in accordance with the manufacturer's recommendations.
(d) The tank must be prepared in accordance with the bladder manufacturer's specifications.
(e) Following installation, and before filling, the bladder system must be thoroughly tested to ensure the system does not leak.
(10) A storage tank equipped with a bladder system must have an out of service bladder inspection within 5 years from the date of installation, and not less than once every 5 years afterwards.
(11) An API inspection, including the bladder inspection, must be reported to the department within 15 days after it is made available to the storage facility by the API inspector.
(12) The large storage tank and bladder system must be constructed and equipped with the following devices:
(a) A functioning automatic active liquid level monitoring device. This overfill protection device must notify the operator before the bladder is filled beyond its capacity by 1 or both of the following mechanisms:
(i) Automatic pump shut off.
(ii) Audible alarm.
(b) A continuously working automatic liquid level monitoring and alarm system that will detect a leak from the storage tank.
(c) A leak detection system constructed under the synthetic liner that will detect a leak from the bladder system and allow full recovery of any liquid extracted from an effluent port.
(13) An appurtenance connected to the large storage tank must be maintained as follows:
(a) An external appurtenance must be secured when not in use.
(b) An appurtenance that extends through both the storage tank and bladder system, not including a manway, must be equipped with a valve that meets both of the following requirements:
(i) The valve must be enclosed within a structural steel containment box capable of withstanding the maximum head pressure of the bladder system and be equipped with a leak detection device or system.
(ii) The valve must be secured against wildlife, vandalism, and unauthorized access at all times.
(c) A valve box opening must be closed and secured following each opening and closure of the valve it contains.
(d) The storage tank, bladder system, or appurtenance, including a pipe, must be protected against a reasonably foreseeable risk of damage by a truck or other moving vehicle.
(14) Inspection and maintenance records must be maintained as follows:
(a) A storage tank, bladder system, or appurtenance must be visually inspected daily during use, and not less than monthly when the tank is empty. The results of the inspection must be recorded and made available to the department during normal business hours.
(b) Inspection and maintenance records for a large storage tank, bladder system, or leak detection system must be maintained at the storage facility.
(c) An effluent port must be opened not less than every 60 calendar days to check for accumulated liquid. Material extracted from an effluent port must be sampled and analyzed for fertilizer content. An inspection, including a sample analysis, must be recorded in writing. Results of any analysis with fertilizer content must be reported to the department immediately.
(15) If a spill, discharge, overfill, or tank failure occurs, then the following applies:
(a) The operator shall report each discharge, overfill, or internal spill to the department immediately upon discovery.
(b) If a leak or other failure of the bladder system occurs, then the storage tank must be emptied and placed out of service within 30 days.
(c) An affected area of the bladder, bladder protection layer, or interior of the storage tank must be thoroughly cleaned, repaired, and inspected before the storage tank and bladder system are again placed into service. Final approval must be granted by the department before the storage tank and bladder system are placed back into service.
History
- History: 2006 AACS; 2026 MR, 12, Eff. July 2, 2026.
Mich. Admin. Code R 285.641.9b Alternative diking for large storage tanks utilizing double steel wall system {#sec-r-285.641.9b omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.641.9b}
Rule 9b. (1) Fertilizer may be stored in a large storage tank constructed with a double steel wall containment system instead of a diked containment area, provided all provisions in this rule are met.
(2) Before construction and installation, the storage facility shall have written approval from the department for the proposed double steel wall large storage tank.
(3) A double steel wall large storage tank plan must be sealed by a professional engineer licensed in this state.
(4) A double steel wall large storage tank must be constructed according to API 650 standards and is inspected by an authorized inspector. A copy of the inspection certificate must be provided to the department.
(5) A double steel wall large storage tank must pass an out of service internal and external inspection, according to API 653 standards by an authorized inspector not less than once every 5 years after installation. The tank inspection report must be provided to the department within 90 days after the inspection.
(6) A double steel wall large storage system tank cannot be returned to service if any of the following occur:
(a) The tank fails to meet the API 653 standards.
(b) The tank is determined to be unfit for use as originally intended.
(c) The tank is unfit for use as originally approved by the department.
(7) The primary steel tank interior floor and 24 inches or more up the walls must be coated with a compatible liner to inhibit corrosion. The storage facility shall maintain a record of the liner’s compatibility with fertilizer, life expectancy, and installation procedures on file and have it immediately available to the department upon request.
(8) A double steel wall large storage tank must be constructed to allow access to the space between the internal and external tank walls.
(9) The primary steel tank wall must be constructed to allow access inside the internal steel tank from the space between the primary steel tank wall and secondary steel tank wall.
(10) The primary and secondary steel tanks must be installed in accordance with specifications from the tank manufacturer.
(11) The primary steel tank of the tank system must be equipped with the following devices:
(a) A functioning automatic active liquid level monitoring device. This overfill protection device must notify the operator before the primary tank is filled beyond its capacity by 1 or both of the following mechanisms:
(i) Automatic pump shut off.
(ii) Audible alarm.
(b) A continuously working automatic liquid level monitoring and alarm system that will detect a leak from the primary tank.
(12) A double steel wall large storage tank must be constructed with a double floor. A system must be installed to detect a leak from the inner floor and allow full recovery of any accumulated liquid.
(13) Liquid collected from the leak detection system must be sampled and analyzed for fertilizer content. These results must be recorded and made available to the department upon request. Results of any analysis with fertilizer content must be reported to the department immediately.
(14) An appurtenance connected to the double steel wall large storage tank system must be maintained as follows:
(a) An external appurtenance, including a pump or leak detection port, must be encased or enclosed to contain any leak and secured when not in use.
(b) An appurtenance that extends through both steel tank walls must be equipped with a valve that is located between the interior and exterior steel tank walls. The valve must be secured against unauthorized access.
(c) A double steel wall storage tank and an appurtenance, including a pipe, must be protected against a reasonably foreseeable risk of damage by a truck or other moving vehicle.
(15) Inspection and maintenance records must be maintained as follows:
(a) A double steel wall storage tank and an appurtenance must be visually inspected daily during use, and not less than monthly when the tank is empty. The results of the inspection must be recorded and made available to the department during normal business hours.
(b) Inspection and maintenance records for a double wall large storage tank, an appurtenance, or a leak detection system must be maintained at the storage facility.
(16) If a spill, discharge, overfill, or tank failure occurs, then the following applies:
(a) The operator shall report a discharge, overfill, or internal spill between the tank walls or floors to the department immediately upon discovery.
(b) If a leak or other failure of the system occurs, then the interior steel tank must be emptied and placed out of service within 30 days.
(c) The area between the primary and secondary steel tank walls must be thoroughly cleaned.
(d) An affected area of the tank system must be thoroughly cleaned, repaired, and inspected pursuant to manufacturer recommendations before it can be placed back into service. Final approval must be granted by the department before the double steel wall large storage tank system is placed back into service.
History
- History: 2026 MR, 12, Eff. July 2, 2026.
Mich. Admin. Code R 285.641.10 Containment area management and operation {#sec-r-285.641.10 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.641.10}
Rule10. (1)A spill, leak, or accumulated precipitation must be managed within the containment area as follows:
(a) Accumulated liquid must be removed by a manually activated pump. An automatic pump that has a float switch is prohibited.
(b) A spill, discharge, or accumulated liquid must be promptly recovered from a containment area.
(c) Accumulated liquid that does not contain any fertilizer may be discharged from a containment area as surface runoff, but cannot be discharged directly into any surface water, waterway, storm drain, or field tile.
(d) Accumulated liquid that may contain fertilizer must be removed from a containment area and may be applied to an approved site at agronomic rates or transferred to a primary tank located within secondary containment. The storage facility shall maintain the following records for accumulated liquid disposition:
(i) Date.
(ii) Time.
(iii) Amount in gallons.
(iv) Disposal method.
(v) Fertilizer analysis method and results if liquid is released as surface runoff.
(vi) Identity of the individual collecting and disposing of accumulated liquid.
(e) In the event of a spill within a containment area the area must be cleaned in accordance with subrule (2) of this rule before resuming the management practice of discharging accumulated liquid that does not contain fertilizer as surface runoff.
(2) A nonearthen containment area must be cleaned as follows:
(a) Wash the area using clean water.
(b) Double rinse the area using clean water.
(c) Remove all rinsate that is generated by the containment area cleaning process.
(3) An earthen dike must be promptly remediated if there is a spill or leak that may require the removal of the soil in the containment area. Soil remediation must be carried out in accordance with department directives.
(4) A bulk storage facility is required to immediately comply with this rule.
History
- History: 1998-2000 AACS; 2026 MR, 12, Eff. July 2, 2026.
Mich. Admin. Code R 285.641.11 Abandoned containers {#sec-r-285.641.11 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.641.11}
Rule 11. (1) A storage container is considered abandoned if it has been out of service for more than 6 months because of a weakness or leak or has been out of service for any reason for more than 2 years.
(2) An abandoned container must be thoroughly cleaned.
(3) Each appurtenance must be disconnected from an abandoned container, and each opening must be sealed.
History
- History: 1998-2000 AACS; 2026 MR, 12, Eff. July 2, 2026.
Mich. Admin. Code R 285.641.12 Site closure and discontinuation of operation {#sec-r-285.641.12 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.641.12}
Rule 12. (1) The facility shall notify the department before the closure of a storage facility.
(2) If a storage facility is closed or its operations are discontinued, then the following provisions must be complied with:
(a) Each fertilizer, rinsate, washwater, or other material that contain fertilizer from the storage facility site must be removed and utilized for the original intended purpose of the product or disposed of in a manner approved by the department.
(b) Each storage container at the storage facility must be thoroughly cleaned. Each appurtenance on a container must be removed, and each opening must be sealed.
History
- History: 1998-2000 AACS; 2026 MR, 12, Eff. July 2, 2026.
Mich. Admin. Code R 285.641.13 Storage of bulk dry fertilizer {#sec-r-285.641.13 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.641.13}
Rule 13. (1) Dry fertilizer material must be stored and handled in a manner to prevent contamination by minimizing a loss to the air, surface water, groundwater, or subsoil.
(2) Nonfluid fertilizer must be stored inside a sound structure or device that has a cover or roof top, sidewalls, and a base sufficient to prevent contact with precipitation and surface water. If bulk dry fertilizer is stored outdoors, it must be placed on a ground cover that is sufficiently impermeable to prevent seepage or runoff and must be completely covered with a tarpaulin or other suitable covering to prevent contact with precipitation and surface water.
(3) All loading, unloading, mixing, or handling of dry fertilizer at the storage facility must be conducted on a paved impermeable surface of a size and design that will contain the fertilizer and allow for the collection of spilled material to be recycled, applied at agronomic rates, or disposed of in a manner approved by the department.
(4) A storage bin containing dry fertilizer in bulk must be labeled in accordance with section 8502(4) of part 85, MCL 324.8502.
(5) An industrial byproduct, solid waste material, or compost as defined in subpart 1 of part 115 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.11501 to 324.11508, along with other natural fertilizer material that makes a nutrient guarantee, must meet the storage requirements of R 285.641.13(2).
(6) The following fertilizer is exempt from subrule (2) of this rule:
(a) The finished fertilizer derived by compost does not contain synthetic fertilizer or industrial byproduct material.
(b) The finished compost grade, total nitrogen (N), available phosphate (P2O5), and soluble potash (K2O) of a finished compost do not exceed a combined total of 5%.
(7) A containment device, structure, or technique must be used to minimize the emission of dust and vapor beyond the storage facility’s boundary.
(8) An existing bulk storage facility has 5 years to comply with the changes to this rule.
A new bulk storage facility shall immediately comply with this rule.
History
- History: 1998-2000 AACS; 2026 MR, 12, Eff. July 2, 2026.
Mich. Admin. Code R 285.641.14 Discharge response plan {#sec-r-285.641.14 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.641.14}
Rule 14. (1) An operator of a storage facility shall prepare a written discharge response plan for the storage facility. The plan must include the following information:
(a) The identity and telephone number of each person or agency that is to be contacted in the event of a discharge, including each person that is responsible for the stored fertilizer.
(b) For each bulk fertilizer that is stored at the storage facility, a complete copy of the storage container labeling that is required by this rule and the labeling required by part 85 to accompany the sale of the fertilizer.
(c) An identification, by location, of every bulk storage container that is located at the bulk storage facility together with the type of fertilizer it contains. The plan need not include the specific location of each mobile fertilizer container if the plan includes the general location within the storage facility where the containers are held.
(d) For each type of bulk fertilizer that is stored at the storage facility, the procedures to be used in controlling and recovering, or otherwise responding to, a discharge or spill.
(e) A procedure for controlling a discharge from leaving the facility property via a drain or a retention pond outlet.
(f) The procedures to be followed in using or disposing of a recovered discharge or spill.
(2) An operator shall have the plan current and readily available and inform the local fire and police departments of the existence of the plan.
(3) The owner or manager of the bulk fertilizer storage facility shall conduct emergency and discharge response training for each new and existing employee of the storage facility annually before the beginning of the fertilizer use season. A new employee shall receive training within 30 days of employment. The storage facility shall maintain written records of the training at the storage facility or nearest storage facility office.
(4) A firm's owner, manager, or employees are responsible for following the firm's emergency and discharge response plan procedures.
(5) Every storage facility shall have an appropriate spill kit readily available in the event of a discharge or spill.
(6) A storage facility shall immediately report any discharges to the environment to the pollution emergency alerting system, PEAS, hotline at 800-292-4706, which is available 24 hours a day.
(7) A storage facility shall fully comply with this rule on the effective date of this rule.
History
- History: 1998-2000 AACS; 2026 MR, 12, Eff. July 2, 2026.
Mich. Admin. Code R 285.641.15 Inspection and maintenance requirements {#sec-r-285.641.15 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.641.15}
Rule 15. (1) An operator of a storage facility shall maintain the following so as to minimize the risk of a discharge:
(a) Each storage facility.
(b) Each secondary containment area.
(c) Each operational area.
(d) Each storage container.
(e) Each appurtenance.
(f) Each leak detection system.
(g) Each audible alarm.
(2) An operator of a storage facility must inspect the following not less than monthly when the storage facility is being utilized for the storage of bulk fertilizer:
(a) Each storage facility.
(b) Each secondary containment area.
(c) Each operational area.
(d) Each storage container.
(e) Each appurtenance.
(f) Each leak detection system under a synthetic liner.
(g) Each leak detection system and audible alarm on a large storage and bladder system tank or double walled large storage tank system.
(3) The inspection must include a visual observation for any evidence of a leak, spill, crack, solar decay, or wear.
(4) A secondary containment and operational area must be maintained free of debris and foreign matter.
(5) An elephant ring must be inspected by the operator not less than monthly and be maintained as necessary to ensure compliance with this rule.
(6) A written record of all inspections and maintenance must be made on the day of the inspection or maintenance and maintained at the storage site or the nearest local office from which the storage site is administered.
History
- History: 1998-2000 AACS; 2026 MR, 12, Eff. July 2, 2026.
Mich. Admin. Code R 285.641.16 Record keeping requirements {#sec-r-285.641.16 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.641.16}
Rule 16. (1) A storage facility shall prepare, maintain, and have readily available the following records for a period of not less than 3 years:
(a) A record of each discharge to the environment or spill within a containment area. The records must include the following:
(i) The date and time of the discharge or spill.
(ii) The type of fertilizer and amount.
(iii) The cause of the discharge or spill.
(iv) The control and recovery actions.
(v) The method of use or disposal of a recovered material.
(b) An inventory reconciliation for each storage container at a facility that utilizes an earthen dike or soil liner. When a facility is in use for storage, a storage facility shall conduct an inventory reconciliation not less than once every 3 months to compare the measured level in a storage container against shipments in and out of the container.
(c) Inspection and maintenance records.
(d) Storage facility site plan information required under R 285.641.2(1).
(e) Training records for each employee and designated attendant.
(2) A storage facility shall prepare, maintain, and have readily available permanent records for the following:
(a) Each abandoned underground container.
(b) Each API inspection for a large storage tank.
(3) Full compliance with this rule is required on the effective date of this rule.
History
- History: 1998-2000 AACS; 2026 MR, 12, Eff. July 2, 2026.
Mich. Admin. Code R 285.641.17 Remediation actions {#sec-r-285.641.17 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.641.17}
Rule 17. (1) If a discharge to the environment is reported or it is determined that a discharge to the environment has occurred, then the following provisions apply:
(a) The storage facility operator must remove contaminated materials from the site, determine the concentration of fertilizer, and field apply at or below agronomic rates or properly dispose of the contaminated material according to department directives.
(b) If the storage facility operator decides to close the storage facility as a result of a contamination notification, then the storage facility must close in accordance with R 285.641.12.
(2) A storage facility shall fully comply with this rule on the effective date of this rule.
History
- History: 1998-2000 AACS; 2026 MR, 12, Eff. July 2, 2026.
Mich. Admin. Code R 285.641.18 Advisory information {#sec-r-285.641.18 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.641.18}
Rule 18. (1) The information specified in this rule is offered by the department with respect to other state agencies and their policies and regulations that may have an impact on a bulk storage facility.
(2) All the following provisions apply to the pollution incident prevention plan, (PIPP), requirements:
(a) A person that operates a storage facility is advised that the department of environment, Great Lakes, and energy may require the submittal of a plan of loss prevention and recovery depending upon the type of material being processed or stored.
(b) A storage facility may submit the registration application, discharge response plan, and storage facility site plan required by R 285.6401.2 as an integrated (PIPP) to the department of environment, Great Lakes, and energy. The department of environment, Great Lakes, and energy may determine that the information meets all, or only a portion of, the requirements for the PIPP plan.
(c) The provisions of R 324.2006 require that an integrated PIPP be submitted for approval to the department of environment, Great Lakes, and energy. A copy of the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106, other pertinent rules, district office locations, and requirements for the PIPP plans are available from the department of environment, Great Lakes, and energy, Resources Division, P.O. Box 30458, Lansing, Michigan 48909.
(3) Both of the following provisions apply to national pollution discharge elimination system, (NPDES), storm water permit requirements:
(a) A person that operates a storage facility is advised that the department of environment, Great Lakes, and energy may require a storm water permit to be obtained dependent upon the type of standard industrial classification, (SIC), code that the storage facility falls within.
(b) A copy of pertinent rules, district office locations, and requirements for the NPDES storm water permit is available from the department of environment, Great Lakes, and energy, Resources Division, P.O. Box 30458, Lansing, Michigan 48909.
(4) Both of the following provisions apply to a storage facility’s design:
(a) A person that operates a bulk storage facility is advised that the department, upon issuing a storage facility registration, is not liable for the structural integrity of the storage facility.
(b) It is recommended that a person that operates a bulk storage facility consult with a licensed professional engineer for designs and construction specifications for the modification or construction of a bulk storage facility to meet the requirements of these rules.
History
- History: 1998-2000 AACS; 2026 MR, 12, Eff. July 2, 2026.
R 285.642.1 to R 285.642.14 Regulation No. 642. On Farm Fertilizer Bulk Storage
Mich. Admin. Code R 285.642.1 Definitions {#sec-r-285.642.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.642.1}
MICHIGAN DEPARTMENT OF AGRICULTURE
PESTICIDE AND PLANT PEST MANAGEMENT DIVISION
REGULATION NO. 642. ON FARM FERTILIZER BULK STORAGE
(By authority conferred on the director of the department of agriculture by section 8513 of 1994 PA 451, MCL 324.8513.)
Rule 1. (1) As used in these rules:
(a) "Approved" means approval by the director of the department or his or her representative.
(b) "Appurtenances" mean any of the following which are connected to a bulk fertilizer container or which are used for transferring bulk fertilizer between containers:
(i) Valves.
(ii) Gauges.
(iii) Portable manufacturing units.
(iv) Pumps.
(v) Fittings.
(vi) Hoses.
(vii) Mixing containers.
(viii) Plumbing.
(ix) Metering devices.
(c) "Aqua ammonia" means an aqueous solution of anhydrous ammonia which generally contains 18% to 30% of ammonia (NH3) by weight and which has a vapor pressure that usually varies from 0 to 10 pounds per square inch gauge (psig) at 104 degrees Fahrenheit.
(d) "Bulk fertilizer" means fluid fertilizer in a single container that has a capacity of more than 2,500 United States gallons, or a combined total capacity for all storage containers or tanks located at a single site or location greater than 7,500 United States gallons. For purposes of this rule, use solutions and rinsates are bulk fertilizers if they are in containers that meet the capacities specified in this subdivision.
(e) "Department" means the Michigan department of agriculture.
(f) "Discharge" means an uncontained release to the environment in a quantity that is more than 55 United States gallons of bulk fertilizer. "Discharge" does not include a fully contained transfer of bulk fertilizer that is made pursuant to storage, distribution, or intended agronomic use.
(g) "Elephant ring" means a storage container which has an open top and which serves as a secondary containment vessel into which a primary storage container with a smaller volume is placed.
(h) "Existing bulk storage facility" means a facility that on the effective date of this rule, is being used to store or hold bulk fertilizers where the location of bulk containers remains the same whether bulk containers are replaced, added to, or reorganized.
(i) "Farm" means the land, plants, animals, buildings, structures, including ponds used for agricultural or aquacultural activities, machinery, equipment, and other appurtenances used in the commercial production of farm products.
(j) "Farm fertilizer bulk storage" means the storage of bulk fertilizer by an agricultural producer for use in an agricultural operation that is owned, operated, or controlled by that producer.
(k) "Farm storage facility" means a facility which is used to store or hold bulk fertilizer and which is owned, operated, controlled, or leased as part of the farm operation or by a person who uses bulk fertilizer for his or her own agricultural use.
(l) "Fertilizer" means a substance containing 1 or more recognized plant nutrients, which substance is used for its plant nutrient content and which is designed for use, or claimed to have value, in promoting plant growth. Fertilizer does not include unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and other materials exempted by rules promulgated under this part.
(m) "Field operations" means the application of fertilizer to soil or plants in the course of normal agricultural or horticultural practice.
(n) "Floodplain", for the purpose of this rule, means any land area that is subject to a 1% or greater chance of flooding. This is equivalent to a 100-year flood.
(o) "Fluid fertilizer" means fertilizer in fluid form and includes solutions, emulsions, suspensions, and slurries. "Fluid fertilizer" does not include anhydrous ammonia.
(p) "Groundwater" means underground water within the zone of saturation.
(q) "Mobile container" means a container designed or used for transporting fertilizer.
(r) "New bulk storage facility" means a storage facility as designated by the director or a storage facility that locates new, used, or refurbished bulk containers where, before the effective date of this rule, bulk storage was not conducted.
(s) "Operational area" means an area or areas at a farm storage facility where bulk fertilizers are transferred, loaded, unloaded, mixed, or refilled.
(t) "Operational area containment" means any structure or system that is designed and constructed to effectively intercept and contain spills, container or equipment washwater, and precipitation to prevent the runoff or leaching of fertilizer from an operational area.
(u) "Primary containment" means the storage of bulk fertilizer in storage containers at a storage facility.
(v) "Rinsate" means the liquid that is generated from the rinsing of the interior surface of any fertilizer application equipment or fertilizer container that has come in direct contact with any fertilizer. "Rinsate" includes the liquid that is generated by cleaning a containment area in accordance with the provisions of R 285.642.10(2).
(w) "Secondary containment" means any structure, including dikes, that is effectively designed and constructed to contain spills or leaks and to prevent escapes, runoff, and leaching of fertilizer from bulk storage containers and appurtenances.
(x) "Spill" means a contained release, within a containment area or operational pad, in a quantity that is more than 55 United States gallons of bulk fertilizer. "Spill" does not include a fully contained transfer of bulk fertilizer that is made pursuant to storage, distribution, or intended agronomic use.
(y) "Storage container" means a container, rail car, nurse tank, or mobile container that is used for the storage of bulk fertilizer. "Storage container" does not include any of the following:
(i) A mobile container that stores bulk fertilizer at a farm storage facility for less than 30 consecutive days.
(ii) A mobile container that is located other than on property which is owned, operated, or controlled by an owner or operator of a farm storage facility for less than 30 consecutive days.
(iii) A container which is 2,500 gallons or less and which is used solely as emergency storage for leaking fertilizer containers.
(z) "Sump" means any catch basin, pit, or reservoir, and those trenches and troughs connected to them, that serve to collect liquid.
(aa) "Surface water", for the purposes of this rule, means a body of water that has its top surface exposed to the atmosphere and includes lakes, ponds, or water holes that cover an area greater than 0.25 acres and streams, rivers, or waterways that maintain a flow yearround. "Surface water" does not include waterways with intermittent flow.
(bb) "Washwater" means the liquid that is generated from rinsing the exterior surfaces of application, handling, storage, transportation, or nurse equipment. "Washwater" does not include the liquid that is generated by cleaning a containment area in accordance with the provisions of R 285.642.10(2).
History
- History: 2003 AACS.
Mich. Admin. Code R 285.642.2 General department authority and compliance periods {#sec-r-285.642.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.642.2}
Rule 2. (1) Farm storage facilities that are placed in service after the effective date of this rule shall immediately comply with this rule. Facilities that are in service before the effective date of this rule shall have 5 years to comply with all portions of this rule.
(2) After the compliance period has been reached, a person shall not operate a farm storage facility in Michigan unless it has met all of the requirements of these rules, or has a plan approved by the department, which includes a specified time frame.
(3) The department may exempt any person from a requirement under these rules if compliance is not technically feasible, as determined by the department, and the department finds that alternative measures provide substantially similar protection against a discharge to the environment. All information which is required to prove that substantially similar protection is possible shall be provided to the department by the person who requests the exemption.
History
- History: 2003 AACS.
Mich. Admin. Code R 285.642.3 Siting of farm storage facilities {#sec-r-285.642.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.642.3}
Rule 3. (1) The siting of a farm storage facility shall comply with applicable local, state, and federal regulations.
(2) New bulk storage facilities and their respective containment areas shall be located as follows:
(a) Above a floodplain as defined in R 285.642.1(1).
(b) A minimum of 200 feet from surface water.
(c) A minimum of 2,000 feet from type I and type IIa public water supply wells, as defined by the provisions of 1976 PA 399, MCL 325.1001 et seq.
(d) A minimum of 800 feet from type IIb and type III public water supply wells, as defined by the provisions of 1976 PA 399, MCL 325.1001 et seq.
(e) A minimum of 150 feet from all other drinking water supply wells that are not defined by the provisions of 1976 PA 399, MCL 325.1001 et seq.
(3) Existing bulk storage facilities that have approved containment shall have the outside base of the containment areas located as follows:
(a) A minimum of 200 feet from type I and type IIa public water supply wells, as defined by the provisions of 1976 PA 399, MCL 325.1001 et seq.
(b) A minimum of 75 feet from type IIb and type III public water supply wells, as defined by the provisions of 1976 PA 399, MCL 325.1001 et seq.
(c) A minimum of 50 feet from all other drinking water supply wells that are not defined by the provisions of 1976 PA 399, MCL 325.1001 et seq.
(4) All farm storage facilities shall utilize appropriate engineering safeguards as approved by the department to prevent groundwater or surface water contamination if the floodplain, surface water, or water supply setback requirements in subrules (2) and (3) of this rule cannot be met.
(5) Bulk storage construction standards for primary and secondary containment facilities that are constructed after the effective date of this rule shall be of a type recommended by any of the following entities:
(a) Michigan state university.
(b) Midwest plan service.
(c) Tennessee valley authority.
(d) United States department of agriculture natural resources conservation service.
(e) A state licensed professional engineer.
(f) Other sources recommending facilities based on standard engineering design, as approved by the department.
(6) The department is not liable for the structural integrity of a department-approved storage facility.
History
- History: 2003 AACS.
Mich. Admin. Code R 285.642.4 Primary containment of bulk liquid fertilizer {#sec-r-285.642.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.642.4}
Rule 4. (1) Storage containers and appurtenances shall be constructed, installed, and maintained to prevent the unintentional discharge of fluid fertilizer.
(2) Storage containers and appurtenances shall be constructed of materials that are resistant to corrosion, puncture, or cracking.
(3) Metals that are used for valves, fittings, and repairs on metal containers shall be compatible with the metals that are used in the construction of the storage container so that the combination of metals does not cause or increase corrosion which may weaken the storage container or its appurtenances or create a risk of discharge.
(4) Storage containers and appurtenances shall be designed to handle all operating stresses, taking into account static head, pressure buildup from pumps and compressors, and any other mechanical stresses to which the storage containers and appurtenances may be subject in the course of operations.
(5) Storage containers and appurtenances, including pipes, shall be protected against reasonably foreseeable risks of damage by trucks and other moving vehicles that are engaged in the handling of bulk fertilizers.
(6) Storage containers and appurtenances shall be constructed of materials that are compatible with the product or products being stored and handled.
(7) Storage containers shall not be filled beyond the capacity for which they are designed, taking into account the physical characteristics of the fluid that is being stored.
(8) Flexible connections and properly supported appurtenances shall be utilized as dictated by standard engineering practices to reduce vibrational and stress-related deterioration.
(9) Backflow protection or a fixed air gap shall be utilized to protect water lines as required by standard engineering and plumbing practices.
(10) Primary containment piping shall be located above the ground and within secondary containment. The end of primary containment piping or any manifold device shall remain within secondary containment.
(11) Storage containers shall be anchored, elevated, or secured by some other means as necessary to prevent flotation or instability.
(12) Mobile storage containers that contain liquid fertilizer shall be stored not less than 100 feet from a water well or surface water.
(13) A person shall not store liquid fertilizer in a container that is located underground.
(14) An adequate distance to allow for inspection and maintenance shall be maintained between storage containers and between storage containers and the secondary containment wall.
(15) Facilities that have existing secondary containment areas on the effective date of this rule which do not provide adequate distance to allow for inspection and maintenance, shall provide this distance at the time any physical changes to storage containers or the secondary containment takes place.
(16) Storage containers shall be labeled as fertilizer in order to identify the contents within. The storage container labeling shall be in a prominent location with lettering that is a minimum of 4 inches in height.
History
- History: 2003 AACS.
Mich. Admin. Code R 285.642.5 Liquid level gauging devices {#sec-r-285.642.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.642.5}
Rule 5. (1) All storage containers shall have the capability to have the liquid level within the storage container measured readily and safely.
Liquid level gauging may be accomplished using any of the following:
(a) Tank markings.
(b) See-through gradations.
(c) Dip sticks.
(d) Site gauge tubes.
(e) Other means for accurately measuring the contents as approved by the department.
(2) Exterior liquid level gauging devices shall be secured to protect against breakage or vandalism.
(3) Storage containers with external sight gauges shall have a lockable bottom valve.
History
- History: 2003 AACS.
Mich. Admin. Code R 285.642.6 Security requirements {#sec-r-285.642.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.642.6}
Rule 6. (1) Storage containers and appurtenances shall be secured to provide reasonable protection from wildlife, vandalism, and unauthorized access at all times. The container and appurtenance may be secured using any of the following:
(a) Fencing.
(b) Lighting.
(c) Locks.
(d) Other means to prevent tampering as approved by the department.
(2) For non-application season storage, all appurtenances and valves on storage containers or mobile containers shall be locked or otherwise secured.
(3) All storage containers shall be equipped with a shutoff valve that is located on the storage container or at a distance from the storage container dictated by standard engineering practice.
(4) For multiple valves that are located on a single line, the valve closest to its storage container shall be securable.
(5) Valves on empty containers shall be closed.
History
- History: 2003 AACS.
Mich. Admin. Code R 285.642.7 Secondary containment of bulk liquid fertilizer {#sec-r-285.642.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.642.7}
Rule 7. (1) Primary storage containers of bulk fertilizer shall be located within a diked containment area. Construction of a containment area with a discharge valve or drain is not permitted after the effective date of this rule.
(2) Capacity for secondary containment areas shall meet all of the requirements, as applicable:
(a) Secondary containment areas not protected from rainfall shall contain a minimum of 110% of the volume of the largest storage container within the diked area, plus the volume that is occupied by all other tanks within and below the height of the dike, plus the volume of a 6-inch rainfall.
(b) Secondary containment areas protected from rainfall shall contain a minimum of 110% of the volume of the largest storage container within the diked area, plus the volume that is occupied by all other tanks within and below the height of the dike.
(c) Secondary containment areas constructed before the effective date of this rule and not having a capacity that includes the 6-inch rainfall are in compliance with this rule. Any such storage facility shall, upon alteration of the secondary containment area or increases in storage container volume, be brought into full compliance within 1 year of the alteration or increase.
(d) Secondary containment areas not protected from rainfall shall provide for a complete separation between bulk fertilizers and bulk pesticides while maintaining the capacity requirements specified in subdivisions (a) to (c) of this subrule.
(e) Tile drainage that underlies areas which are contained by earthen dikes shall be eliminated.
(3) Construction for secondary containment areas shall meet all of the following requirements:
(a) The walls and floors of a secondary containment area shall be constructed of any of the following materials and shall be designed to withstand a full hydrostatic head of any discharged liquid and weight load of material:
(i) Earth.
(ii) Steel.
(iii) Poured reinforced concrete.
(iv) Precast concrete modules.
(v) Solid masonry.
(vi) Other materials designed to withstand a liquid discharge, as approved by the department.
(b) All joints, seams, and cracking shall be sealed to prevent leakage.
(c) Walls shall not be more than 6 feet in height above interior grade unless provision is made for safe access and exiting.
(d) Earthen walls shall have a horizontal-to-vertical slope consistent with standard engineering practice, shall be packed and protected from erosion, and the top shall not be less than 2.5 feet wide.
(e) Piping shall not be installed through the secondary containment wall, except for interconnections between multiple secondary containment structures. This prohibition does not apply to existing bulk storage facilities with properly engineered, monitored, and maintained through-wall piping, as determined by the department.
(f) The floor of a secondary containment area may slope to a watertight catch basin or sump.
(g) Secondary containment areas that are constructed of permeable materials shall be lined with concrete, steel, synthetic liners, or a clay liner to achieve water tightness.
(h) When steel plates are used as a liner, they shall be protected against corrosion and joined in a manner to provide watertight joints.
(i) Synthetic liners shall have a minimum thickness of 30 mils (0.8 millimeters) and be compatible with the materials being stored within the secondary containment area.
(j) Synthetic liners shall be installed under the supervision of a qualified representative of the manufacturer and all field-constructed seams shall be tested and repaired, if necessary, in accordance with the manufacturer's recommendations.
(k) Soil or earthen liners may be used for fertilizer bulk storage secondary containment structures and shall meet all of the following requirements:
(i) Soil liners shall be maintained free of major cracking and vegetation.
(ii) The surface soil shall be sealed, including the berm of an earthen dike with a sealing agent, such as sodium bentonite, attapulgite, or a similar clay material.
(iii) The soil liner shall be constructed in accordance with standard engineering recommendations to achieve a coefficient of permeability not more than 1.0 x 10-6 cm/sec at construction and which is maintained at 1.0 x 10-5 cm/sec.
(l)Sump construction shall be of the same thickness on all sides including the base of the sump, as for the remainder of the containment area base and shall be watertight.
(m) Design and construction specifications for the sump shall address sediment accumulation, sediment removal, and freeze-thaw cycles.
(n)The department may, based on generally accepted methodology, approve the use of experimental materials upon written confirmation from the manufacturer regarding the pertinent specifications of the material for use in fertilizer containment.
(4) Farm storage facilities utilizing an individual storage container with a capacity of 100,000 gallons or more, shall follow the requirements for secondary containment in the provisions of R 285.641.7(4), commercial fertilizer bulk storage.
History
- History: 2003 AACS.
Mich. Admin. Code R 285.642.8 Alternative to diking for storage containers {#sec-r-285.642.8 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.642.8}
Rule 8. (1) An individual storage container that has a capacity of less than 3,000 gallons may be contained within an elephant ring instead of a diked containment area.
(2) Both the primary storage container and the elephant ring shall be fabricated of material that is compatible with each other and with the fertilizer that is being stored.
(3) The height of the elephant ring wall shall not be more than 4 feet.
(4) The volume that is contained within the secondary storage walls up to the working height of the elephant ring shall be sufficient to contain 110% of the volume that is contained in the primary storage container plus the volume that is displaced by the footings of any equipment which is placed within the secondary containment vessel.
(5) The elephant ring shall be free of leaks and structural defects. The base shall be protected from corrosion, both from inside and outside, and shall be underlaid with a concrete pad or with 8 inches of compacted gravel beneath 4 inches of compacted sand or clay, or shall be protected as recommended by the manufacturer of the elephant ring.
(6) All piping connections to the primary storage container shall be made over the wall of the elephant ring and shall be adequately supported and braced. Pumps and other fixtures, if located within the elephant ring containment structure, shall be placed on an elevated platform or otherwise protected from water accumulation.
(7) Accumulations of storm water and other material shall be pumped over the wall of the elephant ring and shall be disposed of in accordance with the provisions of R 285.642.10(1).
History
- History: 2003 AACS.
Mich. Admin. Code R 285.642.9 Operational area containment of liquid fertilizer {#sec-r-285.642.9 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.642.9}
Rule 9. (1) Loading and unloading operations shall be supervised at all times by an attendant who is familiar with the operation of the mechanical appurtenances in use at the farm storage facility and who is familiar with the procedures that are used for the control and recovery of discharges.
(2) Operational areas shall be utilized for transferring, loading, unloading, and mixing fertilizers at farm storage facilities.
(3) A farm storage facility shall comply with one or more of the following operational area containment system options (a), (b), and (c):
(a) An operational area designed and constructed of an impermeable material to effectively intercept and contain bulk fertilizer spills and leaks, preventing runoff or leaching.
(i) The operational area containment shall be constructed and reinforced to handle at least the foreseeable maximum gross load that may be on the pad. Cracks and seams shall be kept sealed.
(ii) The operational area containment shall have a minimum width of 10 feet and a minimum length of 20 feet. Any fill or unloading point of the mobile container shall be positioned over the containment area during loading or unloading to assure retention of any discharge.
(iii) The operational area containments shall provide the capacity to hold at least 750 gallons or the volume of the largest application equipment tank, whichever is less.
(b) A portable operational area containment system which meets the requirements of subdivision (a)(ii) and (iii) of this subrule.
(c) A closed transfer system shall be used for all liquid fertilizer operations.
(i) The closed transfer system shall be designed to have dry couplers on every connection related to fertilizer operational activities. All hoses used in this system shall follow the manufacturer warranty.
(ii) An anti-overflow device shall be utilized during loading and unloading operational activities. An anti-overflow device includes, but is not limited to, any of the following:
(A) An alarm.
(B) An automatic shut-off valve such as a float.
(C) An inline flow meter with a shut-off sensor.
(iii) The facility shall have an empty container with at least a 150-gallon capacity under the point of transfer.
(4) Operational area containment does not apply to mobile containers that are used to nurse field operations when at a field unloading site.
History
- History: 2003 AACS.
Mich. Admin. Code R 285.642.10 Containment area management and operation {#sec-r-285.642.10 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.642.10}
Rule 10. (1) When a secondary containment area is in use, accumulated precipitation, spills, or leaks within the containment area shall be managed as follows:
(a) Accumulated liquids shall be removed by a manually activated pump. Automatic pumps with float switches are prohibited.
(b) Accumulated liquids, discharges, or spills shall be promptly recovered from containment areas.
(c) For accumulated liquids that do not contain any fertilizer, liquids may be discharged from containment areas as surface runoff but shall not be discharged directly into any surface water, waterway, storm drain, or field tile.
(d) For accumulated liquids that may contain fertilizer, liquids shall be removed from containment areas and may be applied at agronomic rates to sites where the fertilizer can be utilized as intended.
(e) If a spill occurs within a containment area and following collection and recovery of the fertilizer containing liquids, the area shall be cleaned in accordance with the provisions of subrule (2) of this rule before resuming the management practice of discharging non-fertilizer containing accumulated liquids as surface runoff.
(2) For cleaning containment areas, all of the following requirements apply:
(a) Wash the area using a biodegradable cleaner.
(b) Double rinse the area using clean water.
(c) Remove all rinsate that is generated by the containment area cleaning process.
(3) Earthen dikes shall be promptly remediated if there is a spill or leak, which may require the removal of the soil in the containment area. Soil remediation shall be carried out under the direction of the department based on soil type and concentration levels.
History
- History: 2003 AACS.
Mich. Admin. Code R 285.642.11 Site closure and discontinuation of operation {#sec-r-285.642.11 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.642.11}
Rule 11. (1) If a farm storage facility is closed or operations are discontinued, then both of the following provisions shall be complied with:
(a) All fertilizers, rinsates, washwaters, and other materials that contain fertilizers shall be removed from the facility site and utilized for the original intended purpose of the product or disposed of in a manner that is approved by the department.
(b) The storage containers at the facility shall be thoroughly cleaned by double rinsing or the equivalent.
History
- History: 2003 AACS.
Mich. Admin. Code R 285.642.12 Discharge response plan {#sec-r-285.642.12 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.642.12}
Rule 12. (1) An operator of a farm storage facility shall prepare a site specific written discharge response plan for the storage facility. At a minimum, the plan shall include all of the following information:
(a) Site plan depicting all structures, on-site wells, nearby sensitive areas and wells, surface water, runoff routes, and ditches.
(b) Location of storage and handling areas including containers and their general contents.
(c) Identities and telephone numbers of the persons or agencies that are to be contacted in the event of a discharge, including the persons who are responsible for the stored fertilizer.
(2) An operator shall keep the plan current and readily available at the farm storage facility.
(3) The operator of the farm storage facility shall inform the local fire and police departments of the existence of the plan.
(4) Every farm storage facility shall have an appropriate spill kit readily available in the event of a discharge or spill. The spill kit may include equipment, pumps, containers, and absorbent materials.
(5) Any discharges to the environment shall be immediately reported to the department, 1-800-405-0101, available 24 hours a day.
History
- History: 2003 AACS.
Mich. Admin. Code R 285.642.13 Inspection and maintenance requirements {#sec-r-285.642.13 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.642.13}
Rule 13. (1) An operator of a farm storage facility shall maintain the facility to minimize the risk of a discharge.
(2) An operator of a farm storage facility shall visually inspect the facility on a regular basis while the facility is being utilized for the storage of bulk fertilizer.
(3) All secondary containment and operational areas shall be maintained free of debris and foreign matter.
History
- History: 2003 AACS.
Mich. Admin. Code R 285.642.14 Remediation actions {#sec-r-285.642.14 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.642.14}
Rule 14. (1) If a discharge to the environment is reported or it is determined that a discharge to the environment has occurred, then an operator shall comply with all of the following provisions:
(a) Remove contaminated materials from the site, determine the concentration of fertilizer, and field-apply at or below agronomic rates or properly dispose of the contaminated material under the direction of the department based on the type of contamination and concentration levels.
(b) If the facility operator decides to close the facility as a result of a contamination notification, the facility shall be closed in accordance with the provisions of R 285.642.11.
History
- History: 2003 AACS.
R 285.715.1 to R 285.715.14 Regulation No. 715. Seed Law Implementation
Mich. Admin. Code R 285.715.1 Definitions {#sec-r-285.715.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.715.1}
DEPARTMENT OF AGRICULTURE
PESTICIDE AND PLANT PEST MANAGEMENT DIVISION
REGULATION NO. 715. SEED LAW IMPLEMENTATION
(By authority conferred on the director of the Department of Agriculture by section 11 of 1965 PAR 329, MCL 286.711.)
Rule 1. (1) The terms defined in the publication of the association of official seed analysts entitled "Rules for Testing Seed" volume 12, no. 3, 1988 edition, shall have the same meanings when used in Act No. 329 of the Public Acts of 1965, as amended, being S286.701 et seq. of the Michigan Compiled Laws, and these rules, unless otherwise defined in Act No. 329 of 1965, as amended. The definitions in the publication entitled "Rules for Testing Seed" are adopted by reference in these rules. The publication may be obtained from the Illinois Department of Agriculture, State Seed Lab, 801 E. Sangamon Avenue, Springfield, Illinois 62794-9281 or from the Michigan Department of Agriculture, Laboratory Division, 1615 South Harrison Road, East Lansing, Michigan 48823, at a cost of $30.00.
(2) The terms defined in section 2 of Act No. 329 of the Public Acts of 1965, as amended, being S286.702 of the Michigan Compiled Laws, have the same meanings when used in these rules.
History
- History: 1990 AACS.
Mich. Admin. Code R 285.715.2 Classification of crop and weed seed; adoption by reference of standards {#sec-r-285.715.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.715.2}
Rule 2. The classification of crop and weed seed shall be pursuant to the provisions of the publication of the association of official seed analysts entitled "Handbook 25, Uniform Classification of Weed and Crop Seeds." The provisions of this publication are adopted by reference in these rules. The publication may be obtained from the Illinois Department of Agriculture, State Seed Lab, 801 E. Sangamon Avenue, Springfield, Illinois 62794- 9281 or from the Michigan Department of Agriculture, Laboratory Division, 1615 South Harrison Road, East Lansing, Michigan 48823, at a cost of $3.00.
History
- History: 1990 AACS.
Mich. Admin. Code R 285.715.3 Testing procedures and tolerances; adoption by reference of standards {#sec-r-285.715.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.715.3}
Rule 3. The testing procedures and tolerances set forth in the association of official seed analysts publication entitled "Rules for Testing Seed" are adopted by reference in these rules. The publication is available from the Illinois Department of Agriculture, State Seed Lab, 801 E. Sangamon Avenue, Springfield, Illinois 62794-9281 or from the Michigan Department of Agriculture, Laboratory Division, 1615 South Harrison Road, East Lansing, Michigan 48823, at a cost of $30.00.
History
- History: 1990 AACS.
Mich. Admin. Code R 285.715.4 Kinds and commercial classes of agricultural seeds; labeling {#sec-r-285.715.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.715.4}
Rule 4. The following kinds or commercial classes of agricultural seeds are generally labeled as to variety and shall be labeled to show the variety name or the words "Variety Not Stated":
(a) Alfalfa.
(b) Bahiagrass.
(c) Barley.
(d) Cranberry bean.
(e) Black bean.
(f) Small red bean.
(g) Pink bean.
(h) Small white bean.
(i) White pea bean or navy bean.
(j) Light red kidney bean.
(k) Dark red kidney bean.
(l) Great northern bean.
(m) Yellow eye bean.
(n) Pinto bean.
(o) Horticultural bean.
(p) White kidney bean.
(q) Field beet.
(r) Smooth brome.
(s) Broomcorn.
(t) Crimson clover.
(u) Red clover.
(v) White clover.
(w) Field corn.
(x) Popcorn.
(y) Cotton.
(z) Cowpea.
(aa) Crambe.
(bb) Tall fescue.
(cc) Flax.
(dd) Striate lespedeza.
(ee) Foxtail millet.
(ff) Pearl millet.
(gg) Oat.
(hh) Field pea.
(ii) Peanut.
(jj) Rice.
(kk) Rye.
(ll) Safflower.
(mm) Sorghum.
(nn) Sorghum-sudangrass.
(oo) Soybean.
(pp) Sudangrass.
(qq) Sunflower.
(rr) Tobacco.
(ss) Birdsfoot trefoil.
(tt) Triticale.
(uu) Hard red winter wheat.
(vv) Soft red winter wheat.
(ww) Soft white winter wheat.
(xx) Hard red spring wheat.
(yy) Durum wheat.
History
- History: 1990 AACS.
Mich. Admin. Code R 285.715.5 Brand names {#sec-r-285.715.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.715.5}
Rule 5. (1) Brand names and terms taken from trademarks may be associated with the kind and variety or mixtures of kinds or varieties or blends of varieties of seed as an indication of source; however, the names and terms shall be clearly indicated as being other than part of the name of the kind and variety, mixture, or blend. Brand names shall not be used in place of variety names or in any manner in which they may be interpreted as being a variety name.
(2) The brand name may incorporate the name of the variety in the complete brand name or be shown separately on the label. When the variety name is shown as being separate from the brand name, the variety name shall be adequately identified by using the term "Variety" preceding or following the variety designation.
History
- History: 1990 AACS.
Mich. Admin. Code R 285.715.6 Blend labeling {#sec-r-285.715.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.715.6}
Rule 6. Seed that consists of 2 or more varieties of the same kind shall be designated as a blend. The word "blend" shall be shown as a part of the name of the blend. Blends or mixtures may be assigned brand names but not variety names. The labeling and advertisements of varietal blends shall not create the impression that the seed is a single variety. For example, the soybean blend that consists of 2 varieties could not be named "golden pod soybeans" because "golden pod" could be mistaken for a variety name. The same soybean blend could be labeled and represented in an advertisement as "gold pod brand soybean blend." If the variety names of the components making up the blend are shown on the label, the percentage, by weight, of each named variety shall be shown in the order of predominance.
History
- History: 1990 AACS.
Mich. Admin. Code R 285.715.7 Prohibited and restricted noxious weeds {#sec-r-285.715.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.715.7}
Rule 7. (1) All of the following are prohibited noxious weeds:
(a) Field bindweed, Convolvulus arvensis.
(b) Hedge bindweed, Convolvulus sepium.
(c) Canada thistle, Cirsium arvense.
(d) Morning glory, Ipomoea species.
(e) Puncturevine, Tribulus terrestris.
(f) Plumeless thistle, Carduus acanthoides.
(g) Musk thistle, Carduus nutans.
(h) Bull thistle, Cirsium vulgare.
(i) Perennial sowthistle, Sonchus arvensis.
(j) Whitetop = hoary cress = perennial peppergrass, Cardaria draba.
(k) Russian knapweed, Centaurea picris.
(l) Spotted knapweed, Centaurea maculosa.
(m) Leafy spurge, Euphorbia esula.
(n) Quackgrass, Agropyron repens = Elytrigia repens.
(o) Johnsongrass, Sorghum halapense, including sorghum almum and seed which cannot be readily distinguished from Johnsongrass.
(p) Dodder, Cuscuta species.
(q) Horsenettle, Solanum carolinense.
(r) Yellow nutsedge, Cyperus esculentus, both seed and tubers.
(s) Serrated tussock, Nasella trichotoma.
(2) All of the following are restricted noxious weeds:
(a) Black mustard, Brassica nigra.
(b) Charlock, Sinapis arvensis.
(c) Indian mustard, Brassica juncea.
(d) Wild radish, Raphanus raphanistrum.
(e) Hoary alyssum, Berteroa incana.
(f) Buckhorn plantain, Plantago lanceolata.
(g) Wild carrot, Daucus carota.
(h) Wild onion, Allium canadense.
(i) Wild garlic, Allium vineale.
(j) Giant foxtail, Seteria faberii.
(k) Yellow rocket, Barbarea vulgaris.
(l) Curled dock, Rumex crispus.
(m) Velvetleaf, Abutilon theophrasti.
(n) Wild oat, Avena fatua.
(o) Jimsonweed, Datura stramonium.
(p) Cocklebur, Xanthium strumarium.
(q) Nightshade complex, including all of the following Solanum species and any other species with indistinguishable seed:
(i) Bitter nightshade, Solanum dulcamara.
(ii) Black nightshade, Solanum nigrum.
(iii) Eastern black nightshade, Solanum ptycanthum.
(iv) Silverleaf nightshade = purple nightshade, Solanum eleagnifolium.
(v) Hairy nightshade, Solanum sarrachoides.
(3) The limit for restricted noxious weed seed is 1 seed of any or all of the restricted noxious weed seeds to 2,000 seeds of the seed sold, offered, exposed, or transported for sale, except that for buckhorn and yellow rocket, the limit is 1 seed to 1,000 seeds of the seed sold, offered, exposed, or transported for sale. If present in a lesser ratio, the restricted noxious weeds shall be named on the tag with the number per pound also shown on the tag, except that buckhorn and yellow rocket need not be shown on the tag unless they exceed 90 seeds per pound.
History
- History: 1990 AACS; 2015 AACS.
Mich. Admin. Code R 285.715.8 Agricultural and vegetable seed; labeling of hybrid seed percentages {#sec-r-285.715.8 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.715.8}
Rule 8. When agricultural and vegetable seed consists of less than 95% hybrid seed, the percent which is hybrid shall be labeled parenthetically in direct association following the named variety, for example, Comet (85% hybrid). Varieties for which the pure seed consists of less than 75% hybrid seed shall not be labeled hybrids.
History
- History: 1990 AACS.
Mich. Admin. Code R 285.715.9 Vegetable and herb seed; germination standards {#sec-r-285.715.9 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.715.9}
Rule 9. (1) The minimum germination standards set forth in the following table, including hard seeds, shall apply for vegetable and herb seed:
TABLE 1
VEGETABLE AND HERB SEED MINIMUM GERMINATION STANDARDS
Seed Name Percent Anise 50 Artichoke 60 Asparagus 70 Asparagus bean 75 Basil, sweet 70 Bean, garden (all varieties) 70 Bean, lima 70 Bean, runner 75 Beet, garden 65 Broadbean 75 Broccoli 75 Brussels sprouts 70 Cabbage 75 Cabbage, Chinese 75 Cabbage, tronchuda 75 Cantaloupe (see muskmelon)
Caraway 55 Carrot 55 Catnip 40 Cauliflower 75 Celeriac 55 Celery 55 Chard, Swiss 65 Chervil, salad 65 Chicory 65 Chives 50 Citron 65 Collards 80 Coriander 70 Corn, popcorn 75 Corn, sweet 75 Cornsalad 70 Cowpea 75 Cress, garden 75 Cress, upland 60 Cress, watercress 40 Cucumber 80 Dandelion 60 Dill 60 Eggplant 60 Endive 70 Fennel, Florence 60 Fennel, sweet 50 Kale, all varieties 75 Kohlrabi 75 Lavender 40 Lettuce 80 Marjoram, sweet 50 Muskmelon 75 Mustard, India 75 Mustard, spinach 75 Okra 50 Onion 70 Onion, Welsh 70 Oregano 60 Pak-choi 75 Parsley 60 Parsnip 60 Pea 80 Peanut 60 Pepper 55 Pumpkin 75 Radish 75 Rhubarb 60 Roquette 60 Rosemary 30 Rutabaga 75 Sage 60 Salsify 75 Savory, summer 55 Sorrel 65 Soybean 75 Spinach 60 Spinach, New Zealand 40 Squash 75 Thyme 50 Tomato 75 Tomato, husk 50 Turnip 80 Watermelon 70 (2) The germination standard for all other vegetable and herb seed for which a standard has not been established shall be 50%.
History
- History: 1990 AACS.
Mich. Admin. Code R 285.715.10 Flower seeds; labeling kind and variety or type and performance characteristics {#sec-r-285.715.10 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.715.10}
Rule 10. (1) The requirements of section 5 of Act No. 329 of the Public Acts of 1965, as amended, being S286.705 of the Michigan Compiled Laws, which specify that flower seeds shall be labeled with the name of the kind and variety or a statement of type and performance characteristics as prescribed in these rules shall be met as follows:
(a) For seeds of plants grown primarily for their blooms, the following provisions apply:
(i) If the seeds are of a single named variety, the kind and variety shall be stated, for example, "Marigold, Butterball."
(ii) If the seeds are of a single type and color for which there is no specific variety name, the type of plant, if significant, and the type and color of bloom shall be indicated, for example, "Scabiosa, Tall, Large Flowered, Double, Pink."
(iii) If the seeds consist of an assortment or mixture of colors or varieties of a single kind, the kind name, the type of plant, if significant, and the type or types of bloom shall be indicated. In addition, it shall be clearly indicated that the seed is mixed or assorted. An example of labeling such a mixture or assortment is, "Marigold, Dwarf Double French, Mixed Colors."
(b) If the seeds consist of an assortment or mixture of kinds or kinds and varieties, it shall be clearly indicated that the seed is assorted or mixed and the specific use of the assortment or mixture shall be indicated, for example, "Cut Flower Mixture," or "Rock Garden Mixture." Such statements as "General Purpose Mixture" or "Wonder Mixture" or any other statement which fails to indicate the specific use of the seed shall not be considered as meeting the requirements of this provision. Containers that have more than 3 grams of seed shall list the kind or kind and variety names of each component that is more than 5.0% of the total content by weight in the order of its predominance and shall list the percentage by weight of each component. Components of 5.0% or less shall be listed, but need not be in order of predominance. A single percentage, by weight, shall be given for these components. If no component of a mixture is more than 5% of the total content, the statement "No component in excess of 5%" may be used. Containers that have 3 grams of seed or less shall list the components without giving the percentage by weight. Such listing need not be in order of predominance.
(2) The kinds of flower seeds listed in table 2 are those for which standard testing procedures have been prescribed and which are therefore required to be labeled in accordance with the germination labeling provisions of section 5 of Act No. 329 of the Public Acts of 1965, as amended, being S286.705 of the Michigan Compiled Laws.
TABLE 2
FLOWER SEED GERMINATION STANDARDS
The percentage listed opposite each kind of flower seed is the germination standard for that kind. For the kinds of seed marked with an asterisk, the percentage is the total of percentage germination and percentage hard or dormant seed.
Seed Name Percentage Achillea (The Pearl) - Achillea ptarmica . . . . . . . . . 50 Adam's needle - Yucca filamentosa . . . . . . . . . . . . 50 African daisy - Dimorphoteca aurantiaca . . . . . . . . 55 African lilac daisy - Arctotis stoechadifolia. . . . . . . 50 African violet - Saintpaulia species . . . . . . . . . . . 30 Ageratum - Ageratum mexicanum . . . . . . . . . . . . .. 60 Agrostemma (rose campion) - Agrostemma coronaria . .65 Alyssum - Alyssum compactum, A. maritimum, A. procumbens, A. saxatile . . . . . . . . . . . . . . . . 60 Amaranthus - Amaranthus species. . . . . . . . . . . . . . 65 Anagalis (pimpernel) - Anagalis arvensis, Anagalis coerulia, Anagalis grandiflora . . . . . . . . . 60 Anchusa - Two genera species:
Cape bugloss - Anchusa capensis Italian bugloss - Anchusa azura Forget-me-not - Brunnera macrophylla . . . . . . . . . . .50 Anemone - Anemone coronaria, A. pulsatilla . . . . . .55 Angel's trumpet - Datura arborea . . . . . . . . . . . . .60 Arabis - Arabis alpina . . . . . . . . . . . . . . . . . .60 Arctotis (African lilac daisy) - Arctotis grandis . . . . 45 Armeria - Armeria formosa . . . . . . . . . . . . . . . . 55 Asparagus, fern - Asparagus plumosus . . . . . . . . . . 50 Asparagus, sprenger - Asparagus sprengerigeri . . . . 55 Aster, China - Callistephus chinensis; except Pompom, Powderpuff, and Princess types . . . . . . . . . . . . . . 55 Aubrieta - Aubrieta deltoides . . . . . . . . . . . . . . 45 Baby smilax - Asparagus asparagoides . . . . . 25 Balloonvine - Cardiospermum halicacebum . . . 50 Balsam - Impatiens balsamina . . . . . . . . . . . . . . 70 Beach evening primrose - Camissonia cheiranthifolia (Oenothera cheiranthifolia) . . . . . . . . . . . . . . 50 Begonia - (Begonia fibrous rooted) . . . . . . . . . . .60 Begonia - (Begonia tuberous rooted) . . . . . . 50 Bells of Ireland - Molucella laevis . . . . . . . . . . . 60 Bellflower (Bluebells of Scotland) Campanula rotundifolia . . . . . . . . . . . . . . . . . . . . . . . 50 Bergamot - Monarda species . . . . . . . . . . . . . . . 50 Black-eyed Susan - Rudbeckia hirta . . . . . . . . . . 50 Brachycome (Swan river daisy) - Brachycome iberidifolia. 60 Browallia - Browallia elata and B. speciosa . . . . 65 Buphthalum (sunwheel) - Buphthalum salicifolium . . . . . 60 Buttercup - Ranunculus species . . . . . . . . . . . . . 50 Butterfly milkweed - Asclepias tuberosa . . . . . . .50 Cactus - Cactaceae . . . . . . . . . . . . . . . . . . . 50 Calceolaria - Calceolaria species . . . . . . . . . . . 60 Calendula - Calendula officinalis . . . . . . . . . . . 65 Californica poppy - Eschscholtzia californica . . . .60 Calliopsis - Coreopsis bicolor, C. drummondi, C. elegans 65 Camomile, golden - Anthemis tinctoria . . . . . . . . .50 Camomile, St. John's - Anthemis sancti - johannis 50 Campanula:
Canterbury bells - Campanula medium . . . . . . . . . 60 Cup and saucer bellflower - Campanula medium calycanthema . . . . . . . . . . . . . . . 60 Carpathian bellflower - Campanula carpatica . . . . 50 Peach bellflower - Campanula persicifolia . . . . . .. 50 Campion, clammy - Lychnis viscaria . . . . . . . . . .. 50 Candytuft, annual - Iberis gibraltarica, I. umbellata.65 Candytuft, perennial - Iberis amara, I. sempervirens.55 *Castor bean - Ricinus communis . . . . . . . . . . . . 60 Cathedral bells - Cobaea scandens . . . . . . . . . . . 65 Celosia - Celosia argentea . . . . . . . . . . . . . . . 65 Centaurea:
Basket flower - Centaurea americana Cornflower - C. cyanus Dusty Miller - C. Candidissima Royal centaurea - C. imperialis Sweet sultan - C. moschata Velvet centaurea - C. gymnocarpa . . . . . . . . . . . . 60 Cerastium (snow-in-summer) Cerastium biebersteini and C. tomentosum . . . . . . . . . . . . . . . . . . . . . . 65 Chinese forget-me-not - Cynoglossum amabile . . . . . . . 55 Chinese Houses - Collinsia heterophylla . . . . . . . . . 50 Chrysanthemum, annual - Chrysanthemum carinatum, C. coronarium, C. segetum . . . . . . . . . . . . . . . . 40 Cineraria - Senecio cruentus . . . . . . . . . . . . . . .60 Clarkia - Clarkia elegans . . . . . . . . . . . . . . . 65 Cleome - Cleome gigantea . . . . . . . . . . . . . . . . 65 Coleus - Coleus blumei . . . . . . . . . . . . . . . . . 65 Columbine - Aquilegia species . . . . . . . . . . . . . 50 Coral bells - Heuchera sanguinea . . . . . . . . . . . . 55 Coreopsis, perennial - Coreopsis lanceolata . . . . . . . 40 Corn, ornamental - Zea mays . . . . . . . . . . . . . . . 75 Cosmos:
Sensation, mammoth, and crested types - Cosmos bipinnatus Klondyke type - C. sulphureus . . . . . . . . . . . . . . 65 Crossandra - Crossandra infundibuliformis . . . . . . . . 50 Cyclamen - Cyclamen africanum . . . . . . . . . . . . . . 50 Dahlia - Dahlia species . . . . . . . . . . . . . . . . . 55 Dames rocket - Hesperis matronalis . . . . . . . . . . . 50 Daylily - Hemerocallis species . . . . . . . . . . . . . 45 Delphinium, perennial:
Belladonna and bellamosum types Cardinal larkspur - Delphinium cardinale Chinensis types Pacific giant, gold medal and other hybrids of D. elatum . . . . . . . . . . . . . . . . . . . . . . . 55 Devils claws - Probosicidea louisianica . . . . . . . . 50 Dianthus:
Carnation - Dianthus caryophyllus . . . . . . . . . . . .60 China pinks - Dianthus chinensis, heddewigi, heddensis . 70 Grass pinks - Dianthus plumarius . . . . . . . . . . . . 60 Maiden pinks - Dianthus deltoides . . . . . . . . . . . 60 Sweet William - Dianthus barbatus . . . . . . . . . . . 70 Sweet Wivelsfield - Dianthus allwoodi . . . . . . . . . 60 Didiscus - (blue lace flower) - Didiscus coerulea . . . 65 Dittany - Dictamus albus . . . . . . . . . . . . . . . . 50 Doronicum (leopard's bane) - Doronicum caucasicum . . . 60 Dracaena - Dracaena indivisa . . . . . . . . . . . . . . 55 Dragon tree - Dracaena draco . . . . . . . . . . . . . . 40 Edelweiss - Leontopodium alpinum . . . . . . . . . . . . 50 English daisy - Bellis perennis . . . . . . . . . . . . 55 Euphorbia, painted - Euphorbia heterophylla . . . . . . 50 Evening primrose - Oenothera biennis, O. argillicola . . 50 Everlasting pea - Lathyrus latifolius . . . . . . . . . 50 Flame violet - Episcia species . . . . . . . . . . . . . 50 Flax:
Golden flax, Linum flavum Flowering flax, L. grandiflorum Perennial flax, L. perenne . . . . . . . . . . . . . . . 60 Fleece flower - Polygonum capitatum . . . . . . . . . . 50 Flowering maple - Abutilon species . . . . . . . . . . . 35 Foxglove - Digitalis species . . . . . . . . . . . . . . 60 Fuschia - Fuschia species . . . . . . . . . . . . . . . 50 Gaillardia:
Annual - Gaillardia pulchella, G. picta Perennial - G. grandiflora . . . . . . . . . . . . . . . 45 Gasplant - Distamus albus . . . . . . . . . . . . . . . 50 Gayfeather (blazing star) - Liatris species . . . . . . 50 Gazania, pied - Gazania rigens . . . . . . . . . . . . . 50 Geranium - Geranium species . . . . . . . . . . . . . . 50 Gerbera (transvaal daisy) - Gerbera jamesoni . . . . . . 60 German violet - Exacum affine . . . . . . . . . . . . . 50 Geum - Geum species . . . . . . . . . . . . . . . . . . 55 Gilia - Gilia species . . . . . . . . . . . . . . . . . 65 Gladiolus - Gladiolus species . . . . . . . . . . . . . 50 Globe amaranth - Gomphrena globosa . . . . . . . . . . . 50 Globethistle, small - Echinops ritro . . . . . . . . . . 50 Gloriosa daisy (rudbeckia) - Echinacea purpurea and Rudbeckia hirta . . . . . . . . . . . . . . . . . . . . 60 Gloxinia - Sinningia speciosa . . . . . . . . . . . . . 40 Godetia - Godetia amoena, G. grandiflora . . . . . . . . 65 Goldmoss sedum - Sedum acre . . . . . . . . . . . . . . 50 Gourds:
Yellow flowered - Cucurbita pepo White flowered - Lagenaria sisceraria Dishcloth - Luffa cyllindrica . . . . . . . . . . . . . .70 Gypsophila:
Annual baby's breath - Gypsophila elegans Perennial baby's breath - G. paniculata, G. pacifica, G. repens . . . . . . . . . . . . . . . . . . . . . . 70 Helenium - Helenium autumnale . . . . . . . . . . . . . 40 Helichrysum (strawflower) - Helichrysum bracteatum . . . 60 Heliopsis - Heliopsis scabra . . . . . . . . . . . . . . 55 Heliotrope - Heliotropium species . . . . . . . . . . . 35 Helipterum (acroclinium) - Helipterum roseum . . . . . . 60 Hens and chickens - Sempervivum species . . . . . . . . 50 Herb treemallow - Lavatera trimestris . . . . . . . . . 50 Hesperis (sweet rocket) - Hesperis matronalis . . . . . 65 Hibiscus - Hibiscus species . . . . . . . . . . . . . . 60 *Hollyhock - Althea rosea . . . . . . . . . . . . . . . 65 Hunnemania (mexican tulip poppy) - Hunnemania fumariaefolia 60 *Hyacinth bean - Lablab purpureus . . . . . . . . . . . 70 Impatiens - Impatiens holstii, I. sultani . . . . . . . 55 *Ipomea:
Cypress vine - Ipomea quamoclit Moonflower - I. noctiflora Morning glories, cardinal climber, hearts and honey vine - Ipomea species . . . . . . . . . . . . . . . 75 Japanese Iris - Iris kaempferi . . . . . . . . . . . . . 50 Jasmine primrose - Oenothera pallida . . . . . . . . . . 50 Jerusalem cross (maltese cross) - Lychnis chalcedonica . 70 Job's tears - Coix lacrymajobi . . . . . . . . . . . . . 70 Jupiter's beard - Centranthus ruber . . . . . . . . . . 50 Kalanchoe - Kalanchoe blossfeldiana . . . . . . . . . . 50 Kochia - Kochia childsi . . . . . . . . . . . . . . . . 55 Larkspur, annual - Delphinium ajacis . . . . . . . . . . 60 Lamb's ear - Stachys byzantina . . . . . . . . . . . . . 50 Lantana - Lantana camara, L. hybrida . . . . . . . . . . 35 Lemon mint - Monarda citriodora . . . . . . . . . . . . 50 Lilium (regal lily) - Lilium regale . . . . . . . . . . 50 Linaria - Linaria species . . . . . . . . . . . . . . . 65 Livingstone daisy (iceplant) - Dorotheanthus belliformis 50 Lobelia, annual - Lobelia erinus . . . . . . . . . . . . 65 Lunaria, annual - Lunaria annua . . . . . . . . . . . . 65 *Lupine - Lupinus species . . . . . . . . . . . . . . . 65 Maltese cross - Lychnis coronaria . . . . . . . . . . . 50 Marigold - Tagetes species . . . . . . . . . . . . . . . 65 Marvel of Peru (four o'clock) - Mirabilis jalapa . . . . 60 Matricaria (feverfew) - Matricaria species . . . . . . . 60 Mignonette - Reseda odorata . . . . . . . . . . . . . . 55 Monarch daisy - Venidium fastuosum . . . . . . . . . . . 50 Mullein pink - Lynchnis coronaria . . . . . . . . . . . 50 Myosotis - Myosotis alpestris, M. oblongata, M. palustris . . . . . . . . . . . . . . . . . . . . . 50 Nasturtium - Tropaeolum species . . . . . . . . . . . . 60 Nemesia - Nemesia species . . . . . . . . . . . . . . . 65 Nemophila - Nemophila insignis . . . . . . . . . . . . . 70 Nemophila, spotted - Nemophila maculata . . . . . . . . 60 New England aster - Aster novae-angliae . . . . . . . . 50 Nicotiana - Nicotiana affinis, N. sanderae, N. sylvestris . . . . . . . . . . . . . . . . . . . . . 65 Nierembergia - Nierembergia species . . . . . . . . . . 55 Nigella - Nigella damascena . . . . . . . . . . . . . . 55 Oregon fleabane - Erigeron speciosus . . . . . . . . . 50 Ozark sundrops - Oenothera macrocarpa, (Oenothera missouriensis) . . . . . . . . . . . . . . . . . . . . 50 Pansy - Viola tricolor . . . . . . . . . . . . . . . . 60 Pearlwort - Sagina sabulata . . . . . . . . . . . . . . 50 Pearly everlasting - Anaphalis margaritacea . . . . . . 50 Penstemon - Penstemon barbatus, P. grandiflorus, P. laevigatus, P. pubescens . . . . . . . . . . . . . . 60 Peppermint - Mentha piperita . . . . . . . . . . . . . . 50 Periwinkle - Catharanthus roseus . . . . . . . . . . . . 50 Petunia - Petunia species . . . . . . . . . . . . . . . 45 Phacelia - Phacelia campanularia, P. minor, P. tanacetifolia . . . . . . . . . . . . . . . . . . . 65 Phlox, annual - Phlox drummondi all types and varieties 55 Physalis - Physalis species . . . . . . . . . . . . . . 60 Platycodon (balloon flower) - Platycodon grandiflorum 60 Plumbago, cape - Plumbago capensis . . . . . . . . . . . 50 Polka-dot plant - Hypoestes phyllostachya . . . . . . . 50 Ponytail - Beaucarnea recurvata . . . . . . . . . . . . 40 Poppy:
Shirley poppy - Papaver rhoeas Iceland poppy - P. nudicaule Orientale poppy - P. orientale Tulip poppy - P. glaucum . . . . . . . . . . . . . . . 60 Portulaca - Portulaca grandiflora . . . . . . . . . . . 55 Prairie coneflower - Ratibida columnifera . . . . . . . 50 Prairie gentian - Eustoma grandiflorum . . . . . . . . . 50 Primula (primrose) - Primula species . . . . . . . . . . 50 Purple coneflower - Echinacea purpurea . . . . . . . . . 50 Purple loosetrife - Lythrum salicaria . . . . . . . . . 50 Pyrethrum (painted daisy) - Pyrethrum coccineum . . . . 60 Rock rose - Helianthemum nummularium . . . . . . . . . . 50 Rose campion - Lynchnis coronaria . . . . . . . . . . . 50 Salpiglossis - Salpiglossis gloxinaeflora, S. sinuata . 60 Salvia:
Scarlet sage - Salvia splendens Mealycup sage (blue bedder) - Salvia farinacea . . . . 50 Saponaria - Saponaria ocymoides, S. vaccaria . . . . . . 60 Scabiosa, annual - Scabiosa atropurpurea . . . . . . . . 50 Scabiosa, perennial - Scabiosa caucasica . . . . . . . . 40 Schizanthus - Schizanthus species . . . . . . . . . . . 60 *Sensitive plant (mimosa) - Mimosa pudica . . . . . . . 65 Shasta daisy - Chrysanthemum maximum, C. leucanthemum . 65 Silk oak - Grevillea robusta . . . . . . . . . . . . . . 25 Snapdragon - Antirrhinum species . . . . . . . . . . . . 55 Snow-on-the-mountain - Euphorbia marginata . . . . . . . 50 Solanum - Solanum species . . . . . . . . . . . . . . . 60 Speedwell, Hungarian - Veronica austriaca . . . . . . . 50 Speedwell, spike - Veronica spicata . . . . . . . . . . 50 Spiderflower - Cleome hasslerana . . . . . . . . . . . . 50 Statice - Statice sinuata, S. suworonii (flower heads) . 50 Stocks:
Common - Mathiola incana Evening scented, Mathiola bicornis . . . . . . . . . . . 65 Sunflower - Helianthus species . . . . . . . . . . . . . 70 Sunflower, Inula - Inula grandiflora . . . . . . . . . . 50 Sunrose - Helianthemum species . . . . . . . . . . . . . 30 Swan river daisy - Brachycome iberidifolia . . . . . . . 50 *Sweet pea, annual and perennial other than dwarf bush Lathyrus odoratus, L. latifolius . . . . . . . . . . . . 75 *Sweet pea, dwarf bush - Lathyrus odoratus . . . . . . . 65 Sweet sultan - Amberboa moschata . . . . . . . . . . . . 50 Sweet William catchfly - Silene armeria . . . . . . . . 50 Tahoka daisy - Machaeanthera tanacetifolia . . . . . . . 60 Tansy - Tanacetum vulgare . . . . . . . . . . . . . . . 50 Texas bluebonnet - Lupdinus subcarnosus . . . . . . . . 50 Thunbergia - Thunbergia alata . . . . . . . . . . . . . 60 Tidy tips daisy - Layia platyglossa . . . . . . . . . . 50 Tiger monkeyflower - Mimulus hybrids . . . . . . . . . . 50 Torch flower - Tithonia speciosa . . . . . . . . . . . . 70 Torenia (wishbone flower) - Torenia fournieri . . . . . 70 Transvaal daisy - Gerbera jamesoni . . . . . . . . . . . 50 Tritoma (torch lily) - Kniphofia species . . . . . . . . 65 Unicorn plant - Probosicides louisianica . . . . . . . . 50 Verbena, annual - Verbena hybrida . . . . . . . . . . . 35 Vinca - Vinca rosea . . . . . . . . . . . . . . . . . . 60 Viola - Viola cornuta . . . . . . . . . . . . . . . . . 55 Virginian stocks - Malcolmia maritime . . . . . . . . . 65 Wallflower - Cheiranthus allioni; Erysimum x allionii . 65 Willowleaf oxeye - Buphthalmum salicifolium . . . . . . 50 Wooly marigold - Baileya multiradiata . . . . . . . . . 50 Yarrow - Achillea millefolium . . . . . . . . . . . . . 50 Yucca (Adam's needle) - Yucca filamentosa . . . . . . . 50 Zinnia (except Linearis and creeping) - Zinnia angustifolia, Z. elegans, Z. grandiflora, Z. gracillima, Z. haegeana, Z. multiflora, Z. pumila . . . . . . . . . 65 Zinnia, Linearis and creeping - Zinnia linearis, Sanvitalia procumbens . . . . . . . . . . . . . . . . . 50 All other kinds . . . . . . . . . . . . . . . . . . . . 50 (3) A mixture of kinds of flower seeds will be considered to be below standard if the germination of any kind or combination of kinds that constitutes 25% or more of the mixture, by number, is below standard for the kind or kinds involved.
History
- History: 1990 AACS.
Mich. Admin. Code R 285.715.11 Tree seed germination standards {#sec-r-285.715.11 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.715.11}
Rule 11. The germination labeling provisions of section 6 of Act No. 329 of the Public Acts of 1965, as amended, being S286.706 of the Michigan Compiled Laws, apply to the tree and shrub species listed in table 3. The minimum germination standard for species of Pinus and Picea shall be 60%.
TABLE 3.
TREE SEED GERMINATION STANDARDS
Abies amabilis (Dougl.) Forbes - Pacific silver fir Abies balsamea (L.) Mill, - balsam fir Abies concolor (Gord. & Glend.) Lindl. - white fir Abies fraseri (Pursh) Poir - Fraser fir Abies grandis (Dougl.) Lindl. - grand fir Abies homolepis Sieb. & Zucc. - Nikko fir Abies lasiocarpa (Hook.) Nutt. - subalpine fir Abies magnifica A. Murr. - California red fir Abies magnifica var. shastensis Lemm. - shasta red fir Abies procera Rehd. - nobel fir Abies veitchii (Lindl.) - veitch fir Acer ginnala Maxim. - amur maple Acer macrophyllum Pursh. - bigleaf maple Acer negundo L. - boxelder Acer pensylvanicum L. - striped maple Acer platanoides L. - sycamore maple Acer rubrum L. - red maple Acer saccharinum L. - silver maple Acer saccharum Marsh, - sugar maple Acer spicatum Lam. - mountain maple Aesculus pavia L. - red buckeye Ailanthus altissima (Mill.) swingle - tree of heaven, ailan thus Berberis thunbergii DC. - Japanese barberry Berberis vulgaris L. - European barberry Betula lenta L. - sweet birch Betula nigra L. - river birch Betula papyrifera Marsh. - paper birch Betula pendula Roth. - European white birch Betula populifolia Marsh. - gray birch Carya illinoensis (Wang.) K. Koch - pecan Carya ovata (Mill) K. Koch - shagbark hickory Casuarina species - beefwood Catalpa bignonioides Walt. - southern catalpa Cedrus atlantica Manetti - atlas cedar Cedrus libani (Loud.) - cedar of Lebanon Celastrus scandens L. - American bittersweet Celastrus orbiculata Thunb. - oriental bittersweet Chamaecyparis lawsoniana (A. Murr.) Parl - Port Orford cedar Chamaecyparis nootkatensis (D. Don.) Spach. - Alaska cedar Cornus florida L. - flowering dogwood Cornus stolonifera Mich. - red-osier dogwood Crataegus mollis - downy hawthorn Cupressus arizonica Greene - Arizona cypress Eucalyptus deglupta Eucalyptus grandis Fraxinus americana L. - white ash Fraxinus excelsior L. - European ash Fraxinus latifolia Benth. - Oregon ash Fraxinus nigra Marsh. - black ash Fraxinus pensylvanica Marsh. - green ash Fraxinus pensylvanica var. lanceolata (Borkh.) Sarg. - green ash Gleditsia triacanthos L. - honey locust Grevillea robusta - silk-oak Larix decidua Mill. - European larch Larix eurolepis Henry - Dunkfeld larch Larix leptolepis - (Sieb. & Zucc.) Gord. - Japanese larch Larix occidentalis Nutt. - western larch Larix sibirica Ledeb. - Siberian larch Libocedrus decurrens - incense-cedar Liquidambar styraciflua L. - sweetgum Liriodendron tulipifera L. - yellow-poplar Magnolia grandiflora - southern magnolia Malus species - apple Malus species - crabapple Nyssa aquatica L. - water tupelo Nyssa sylvatica var. sylvatica - black tupelo Picea abies (L.) Karst. - Norway spruce Picea engelmanni Parry - Engelmann spruce Picea glauca (Moench.) Voss - white spruce Picea glauca var. albertiana (S. Brown) Sarg. - western white spruce, Alberta white spruce Picea glehnii (Fr. Schmidt) Mast. - Sakhalin spruce Picea jezoensis (Sieb. & Zucc.) Carr - Yeddo spruce Picea koyamai Shiras. - Koyama spruce Picea mariana (Mill.) B.S.P. - black spruce Picea omorika a(Pancic.) Purkyne - Serbian spruce Picea orientalis (L.) Link. - oriental spruce Picea polita (Sieb. & Zucc.) Carr - tigertail spruce Picea pungens Engelm. - blue spruce, Colorado spruce Picea pungens var. glauca Reg. - Colorado blue spruce Picea rubens Sarg. - red spruce Picea sitchensis (Bong.) Carr - Sitka spruce Pinus albicaulis Engelm. - whitebark pine Pinus aristata Engelm. - bristlecone pine Pinus banksiana Lamb. - jack pine Pinus canariensis C. Smith - canary pine Pinus caribaea - Caribbean pine Pinus cembroides Zucc. - Mexican pinyon pine Pinus clausa - sand pine Pinus contorta Dougl. - lodgepole pine Pinus contorta var. latifolia Engelm. - lodgepole pine Pinus coulteri D. Don. - Coulter pine, bigcone pine Pinus densiflora Sieb. & Zucc. - Japanese red pine Pinus echinata Mill. - shortleaf pine Pinus elliottii Engelm. - slash pine Pinus flexilis James - limber pine Pinus glabra Walt. - spruce pine Pinus griffithi McClelland - Himalayan pine Pinus halepensis Mill. - Aleppo pine Pinus jeffreyi Grev. & Balf. - Jeffrey pine Pinus khasya Royle - Khasia pine Pinus lambertiana Dougl. - sugar pine Pinus heldreichii var. leucodermis (Ant.) Markgraf ex Fitschen - Balkans pine, Bosnian pine Pinus markusii DeVriese - Markus pine Pinus monticola Dougl. - western white pine Pinus mugo Turra. - mountain pine Pinus mugo var. mughus (Scop.) Zenari - Mugo Swiss mountain pine Pinus muricata D. Don. - bishop pine Pinus nigra Arnold - Austrian pine Pinus nigra poiretiana (Ant.) Aschers & Graebn. - Corsican pine Pinus palustris Mill. - longleaf pine Pinus parviflora Sieb. & Zucc. - Japanese white pine Pinus patula Schl. & Cham. - Jelecote pine Pinus pinaster Sol. - cluster pine Pinus pinea L. - Italian stone pine Pinus ponderosa Laws. - ponderosa pine, western yellow pine Pinus radiata D. Don. - Monterey pine Pinus resinosa Ait. - red pine, Norway pine Pinus rigida Mill. - pitch pine Pinus serotina Michx. - pond pine Pinus strobus L. - eastern white pine Pinus sylvestris L. - scotch pine Pinus taeda L. - loblolly pine Pinus taiwanensis Hayata - Formosa pine Pinus thunbergii Parl. - Japanese black pine Pinus virginiana Mill. - Virginia pine, scrub pine Platanus occidentalis L. - American sycamore Populus species - poplars Prunus armeriaca L. - apricot Prunus avium (L.) L. - cherry Prunus domestica L. - plum, prune Prunus persica Batsch. - peach Pseudotsuga menziesii var. glauca (Beissn.) Franco - blue Douglas fir Pseudotsuga menziesii var. caesia (Beissn.) Franco - gray Douglas fir Pseudotsuga menziesii var. viridis - green Douglas fir Pyrus communis L. - pear Quercus species - (red or black oak group)
Quercus alba - L. - white oak Quercus muehlenbergii Engelm. - Chinkapin oak Quercus virginiana Mill. - live oak Rhododendron species - rhododendron Robinia pseudoacacia L. - black locust Rosa multiflora Thunb. - Japanese rose Sequoia gigantea (Lindl.) Decne. - giant sequoia Sequoia sempervirens (D. Don.) Engl. - redwood Syringa vulgaris L. - common lilac Thuja occidentalis L. - northern white cedar, eastern arborvitae Thuja orientalis L. - oriental arborvitae, Chinese arborvitae Thuja plicata Donn. - western red cedar - giant arborvitae Tsuga canadensis (L.) Carr. - eastern hemlock, Canada hemlock Tsuga heterophylla (Raf.) Sarg. - western hemlock, Pacific hemlock Ulmus americana L. - American elm Ulmus parvifolia Jacq. - Chinese elm Ulmus pumila L. - Siberian elm Vitis vulpina L. - riverbank grape
History
- History: 1990 AACS.
Mich. Admin. Code R 285.715.12 Hermetically sealed containers {#sec-r-285.715.12 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.715.12}
Rule 12. A germination test for seed in hermetically sealed containers shall apply for a period of 36 months if all of the following conditions are met:
(a) The seed was packaged within 9 months after harvest.
(b) The container used does not allow water vapor penetration (WVP)through any wall, including the seals, at a rate of more than 0.05 grams of water per 24 hours per 100 square inches of surface at 100 degrees Fahrenheit with a relative humidity (RH) on 1 side of 90% and on the other side of 0%. Water vapor penetration is measured by the standards of the United States bureau of standards as: Gm. H2 O/24 hr./100 sq. in./100oF./90% RH V.0% RH.
(c) The seed in the container does not exceed the percentage of moisture, on a wetweight basis, as listed in the following table:
TABLE 4
Agricultural Seeds Seeds Percent Beet, field 7.5 Beet, sugar 7.5 Bluegrass, Kentucky 6.0 Clover, crimson 8.0 Fescue, red 8.0 Ryegrass, annual 8.0 Ryegrass, perennial 8.0 All others 6.0 Vegetable Seeds Seeds Percent Bean, garden 7.0 Bean, lima 7.0 Beet 7.5 Broccoli 5.0 Brussels sprouts 5.0 Cabbage 5.0 Carrot 7.0 Cauliflower 5.0 Celeriac 7.0 Celery 7.0 Chard, Swiss 7.5 Chinese cabbage 5.0 Chives 6.5 Collards 5.0 Corn, sweet 8.0 Cucumber 6.0 Eggplant 6.0 Kale 5.0 Kohlrabi 5.0 Leek 6.5 Lettuce 5.5 Muskmelon 6.0 Mustard, India 5.0 Onion 6.5 Onion, Welsh 6.5 Parsley 6.5 Parsnip 6.0 Pea 7.0 Pepper 4.5 Pumpkin 6.0 Radish 5.0 Rutabaga 5.0 Spinach 8.0 Squash 6.0 Tomato 5.5 Turnip 5.0 Watermelon 6.5 All others 6.0 (d) The container is conspicuously labeled in not less than 8-point type to indicate all of the following:
(i) That the container is hermetically sealed.
(ii) That the seed has been preconditioned as to moisture content.
(iii) The calendar month and year in which the germination test was completed.
(e) The percentage of germination of vegetable seed at the time of packaging was equal to or above the standards specified in R 285.715.9.
History
- History: 1990 AACS.
Mich. Admin. Code R 285.715.13 Laboratory seed testing fees {#sec-r-285.715.13 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.715.13}
Rule 13. (1) The fees of $6.00 for purity testing, $5.00 for germination testing, and $10.00 for purity and germination testing are the fees for general crops which include all of the following:
(a) Corn.
(b) Cereals.
(c) Soybeans.
(d) Field beans.
(e) Field peas.
(f) Buckwheat.
(g) Millet.
(h) Rape.
(i) Flax.
(j) Sunflower.
(k) Vetch.
(l) Clovers.
(m) Trefoil.
(n) Alfalfa.
(o) Lespedeza.
(p) Timothy.
(q) Sorghum.
(r) Vegetables and similar kinds of crops.
(2) The fees of $8.00 for purity testing, $7.00 for germination testing, and $14.00 for purity and germination testing are the fees for grasses, which include all of the following:
(a) Bromes.
(b) Fescues.
(c) Orchardgrass.
(d) Reed canarygrass.
(e) Wheatgrasses.
(f) Bluegrasses.
(g) Bentgrass.
(h) Red top.
(i) Ryegrass.
(j) Green needlegrass.
(k) Prairie sandreed.
(l) Sand dropseed.
(m) Switchgrass.
(n) Similar kinds of grasses.
(3) The fees of $16.00 for purity testing, $8.00 for germination testing, and $22.00 for purity and germination testing are the fees for chaffy rangegrasses, which include all of the following:
(a) Big bluestem.
(b) Little bluestem.
(c) Buffalograss.
(d) Indiangrass.
(e) Side oats grama.
(f) Similar kinds of chaffy rangegrasses.
(4) The following are fees for testing flower and tree seed:
(a) Purity . . . . . . . . . . . . . . . . $ 8.00.
(b) Germination . . . . . . . . . . . . . $ 6.00.
(c) Purity and germination . . . . . . . . $12.00.
(5) The following are fees for testing mixtures of lawn, pasture, or flower seed:
(a) Purity - $8.00 for the first component, plus $5.00 for each additional component.
(b) Germination - $7.00 for the first component, plus $4.00 for each additional component.
(c) Purity and germination - combine the prices of subdivisions (a) and (b) of this subrule.
(6) The fee for an all states noxious weed examination is $4.00, in addition to a standard purity charge.
(7) The fee for a tetrazolium test is $12.00.
(8) The fee for a sod grower's analysis is $40.00.
(9) The fee for a cold test for soybeans, field beans or corn is $8.00.
(10) The fee for tests that are not listed, for special procedures, extra time, is $20.00 per hour.
(11) The fee for a moisture test is $3.00.
(12) The fees for testing for bacterial blight of a field bean are as follows:
(a) October 1 through December 15 - $15.00.
(b) December 16 through March 30 - $25.00. Blight tests are not conducted from April 1 through September 30.
(13) The fee for testing for bean common mosaic virus, from October 1 through January 15 only, is $10.00.
(14) Seed will not be tested for persons who do not reside in Michigan without the prior approval of the state seed analyst.
History
- History: 1990 AACS.
Mich. Admin. Code R 285.715.14 Rescission {#sec-r-285.715.14 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.715.14}
Rule 14. R 285.714.1 to R 285.714.21 of the Michigan Administrative Code, appearing on pages 1313 to 1324 of the 1979 Michigan Administrative Code, are rescinded.
History
- History: 1990 AACS.
Executive Executive
R 285.805.1 to R 285.805.8 Regulation No. 805. Matching Assistance to Fairs
Mich. Admin. Code R 285.805.1 Definitions {#sec-r-285.805.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.805.1}
DEPARTMENT OF AGRICULTURE
FINANCE AND TECHNOLOGY DIVISION
REGULATION NO. 805. MATCHING ASSISTANCE TO FAIRS
(By authority conferred on the director of the department of agriculture by section 13 of Act No. 327 of the Public Acts of 1980, as amended, and sections 9 and 178 of Act No. 380 of the Public Acts of 1965, as amended, being SS431.73, 16.109, and 16.278 of the Michigan Compiled Laws)
Rule 1. (1) As used in these rules:
(a) "Act" means Act No. 327 of the Public Acts of 1980, as amended, being S431.61 et seq. of the Michigan Compiled Laws.
(b) "Association" means a corporation which is organized pursuant to a law of this state and which is governed by an elected board of directors. The term also means an association or board which functions pursuant to the provisions of Act No. 11 of the Public Acts of 1929, being S46.151 et seq. of the Michigan Compiled Laws, and which conducts a fair.
(c) "Commission" means the commission of agriculture.
(d) "Department" means the Michigan department of agriculture (e) "Director" means the director of the department.
(f) "Equipment" means implements or apparatus which is rented during the time of the fair and which is limited to the following:
(i) Communications systems.
(ii) Computer software and hardware.
(iii) Display equipment.
(iv) Electric timing devices.
(v) Horse/pony/mule/tractor pulling machines.
(vi) Photo finish equipment (light horse races).
(vii) Portable bleachers.
(viii) Portable toilets.
(ix) Starting gates.
(x) Tents.
(g) "Fair buildings" means the buildings which are used for fair purposes and which are owned by a fair association or a political subdivision.
(h) "Grounds" means the land which is used for fair purposes and which is owned by a fair association or a political subdivision.
(i) "Proposed annual plan" means a document which is prepared by the association and submitted to the department at the time of application for funds and which describes the activities in eligible categories that the association intends to complete in the coming year and the budget allocation to each category.
(j) "Racetrack" means a track which is used for horse races and which may include the fence around the track, the hubrail, and the infield.
(2) Terms defined in the act have the same meanings when used in these rules.
History
- History: 1979 AC; 1984 AACS; 1992 AACS.
Mich. Admin. Code R 285.805.2 Qualifications for allotments {#sec-r-285.805.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.805.2}
Rule 2. (1) A fair shall have been conducted for a period of not less than 3 years before the time of application for matching assistance.
(2) Matching assistance may be made only to a fair association which does not receive state funds for building, race track, grounds improvement and equipment rental projects directly from any other source for the same project.
History
- History: 1979 AC.
Mich. Admin. Code R 285.805.3 Application and approval for allotments {#sec-r-285.805.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.805.3}
Rule 3. (1) The president and secretary of an association that requests funds shall file a proper application, on forms provided by the department, in duplicate, within 120 days after the close of the fair or exposition. The application shall include a proposed annual plan that lists the activities in eligible categories and the estimated cost for each category.
The state may participate on a 1/2 matching basis on cost but shall not pay more than $8,000.00 per fair for any 1 fiscal year. The match shall not be more than 1/2 of the fair market value for applicable materials and labor.
(2) An application shall be accompanied by a resolution approving the application that is passed by the fair's board of directors or its duly authorized executive committee.
(3) The president or secretary of the association shall submit such additional information as may be required by the director in considering the application.
(4) A lease-purchase agreement is an acceptable method of equipment rental.
(5) A fair shall submit an application each year to be eligible for funding.
History
- History: 1979 AC; 1984 AACS; 1992 AACS.
Mich. Admin. Code R 285.805.4 Submittal of fair's cash receipts and disbursement statement; records maintenance {#sec-r-285.805.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.805.4}
Rule 4. (1) Within 120 days after the close of a fair, an association shall submit, to the department, unless notified otherwise, the fair's cash receipts and disbursement statement with all eligible expenses summarized in the following categories:
(a) Equipment rental during the fair.
(b) Grounds improvement.
(c) Capital improvements.
(d) Maintenance and repair.
(e) Racetrack maintenance and repair.
(2) All transactions posted to the accounts specified in subrule (1) of this rule shall be substantiated by adequate detailed documentation, including the following:
(a) Cancelled checks.
(b) Original, itemized invoices that pertain to the materials and services claimed, including copies of contracts, where applicable.
(c) Proof that all state and local ordinances were followed, if applicable.
(3) If all funds are not utilized in eligible categories, unused funds shall be repaid to the department before any other payments for state programs are made by the department.
(4) For state auditing purposes, an association shall keep all records for not less than 4 years, and all records shall be made available at the time of audit. The audit will include an analysis of rentals. Once the cost of purchase and maintenance is exceeded, future rental payments will be disallowed.
History
- History: 1979 AC; 1984 AACS; 1992 AACS.
Mich. Admin. Code R 285.805.5 Inspection of grounds {#sec-r-285.805.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.805.5}
Rule 5. An inspection of a fair's grounds may be conducted by the department to see that the money spent is consistent with the annual plan and the fair's cash receipts and disbursement statement and that capital improvements were made.
History
- History: 1979 AC; 1984 AACS; 1992 AACS.
Mich. Admin. Code R 285.805.6 Initial payment; final payment {#sec-r-285.805.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.805.6}
Rule 6. (1) The department will provide the association up to 1/2 of the value of the proposed annual plan or a prorated share of the appropriation, whichever is less. Final payment will be paid on the actual expenses as reported in the cash receipts and disbursement statement, on a 1/2 matching basis, and shall not be more than $8,000.00 in any 1 fiscal year, unless otherwise authorized by the legislature.
(2) Allocated and unused funds will be redistributed, on a prorated basis, to fairs that have eligible costs that exceed their original allocations.
History
- History: 1979 AC; 1984 AACS; 1992 AACS.
Mich. Admin. Code R 285.805.7 Noncompliance {#sec-r-285.805.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.805.7}
Rule 7. The department may deny state funds to any fair found to be in noncompliance with these rules.
History
- History: 1979 AC; 1984 AACS.
Mich. Admin. Code R 285.805.8 Rescission {#sec-r-285.805.8 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.805.8}
Rule 8. R 285.804 of the Michigan Administrative Code, appearing on page 1325 of the 1979 Michigan Administrative Code, is rescinded.
History
- History: 1979 AC; 1984 AACS.
R 285.808.1 to R 285.808.4 Regulation No. 808. Payment of Breeder's Awards
Mich. Admin. Code R 285.808.1 Definitions {#sec-r-285.808.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.808.1}
DEPARTMENT OF AGRICULTURE
FAIRS, EXHIBITIONS AND RACING DIVISION
REGULATION NO. 808. PAYMENT OF BREEDERS' AWARDS
(By authority conferred on the director of the department of agriculture by section 20 of 1995 PA 279, MCL 431.320)
Rule 1. As used in these rules:
(a) "Breeder" means a person or persons domiciled in Michigan and owning a mare at the time of breeding.
(b) "Director" means the director of the Michigan department of agriculture.
(c) "Domicile" means the fixed, permanent, and principal home to which a person intends to return.
(d) "Fair" means a county, district, community, or 4-H fair, and any other state fair in Michigan which has been approved by the director to conduct harness horse races during the fair.
(e) "Fairs, exhibitions and racing division" means the fairs, exhibitions and racing division of the Michigan department of agriculture.
(f) "Gross purse" means the total dollar amount raced for in each individual heat of racing.
(g) "Lessee" means a person who is domiciled in Michigan and who leases a stallion, which has been recorded with the U.S.T.A., register as the lessee of a horse. A copy of the lease shall be filed with the fairs, exhibitions and racing division.
(h) "Licensed racetrack" means an association licensed by the Michigan racing commissioner to conduct harness horse races in Michigan.
(i) "Michigan-bred horse" means the first foal per year, with the exception of twins carried to term by the natural mother, which is from a Michigan-owned standard bred mare at the time of breeding and which is sired by a Michigan-owned or leased standard bred stallion, duly registered with the fairs, exhibitions and racing division.
(j) "Owner" means the person or persons domiciled in Michigan and recorded with the U.S.T.A. register.
(k) "Person" means an individual, partnership, association, or corporation.
(l) "U.S.T.A." means the United States trotting association.
History
- History: 1979 AC; 1981 AACS; 2002 AACS; 2004 AACS.
Mich. Admin. Code R 285.808.1a Determination of domicile {#sec-r-285.808.1a omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.808.1a}
Rule 1a. Factors to be considered in determining domicile are as follows:
(a) Voting registration or alien registration showing a Michigan address.
(b) Federal income tax return showing a Michigan address.
(c) State income tax return showing a Michigan address.
History
- History: 1981 AACS; 2002 AACS.
Mich. Admin. Code R 285.808.2 Breeders' awards {#sec-r-285.808.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.808.2}
Rule 2. (1) The director shall pay a breeders' award, in an amount not to exceed 10% of the gross purse, to the breeder of a Michigan-bred horse each time that horse wins at a fair or licensed racetrack in Michigan.
(2) Breeders' award are not assignable and are not inheritable, and the director is under no obligation to pay the awards other than as provided in these rules.
(3) Breeders' awards shall only be payable for wins after the date the mare is properly registered with the fairs and racing division.
History
- History: 1979 AC; 1981 AACS; 2002 AACS.
Mich. Admin. Code R 285.808.2a Registration {#sec-r-285.808.2a omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.808.2a}
Rule 2a. (1) To receive payment of a breeders' award, a standard bred mare shall have been registered by each owner with the fairs and racing division before a win.
(2) Standard bred stallions shall be registered by each owner or lessee with the fairs and racing division by January 1 of the year in which that stallion will be standing at service in Michigan for eligibility to qualify for breeders' awards. A copy of the lease agreement shall accompany the registration for a leased stallion.
(3) A newly acquired stallion, which has not been in Michigan for breeding purposes before January 1 of a given year and which has not serviced a mare after December 31 of the preceding year, shall be registered with the department of agriculture before servicing a mare if the stallion's get is to be eligible for breeders' awards.
History
- History: 1981 AACS; 2002 AACS.
Mich. Admin. Code R 285.808.3 Provision of copies of race programs to director by racing associations; provision of programs and race sheets to director by secretary of fair; burden of proof with respect to eligibility {#sec-r-285.808.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.808.3}
Rule 3. (1) Licensed racing associations shall provide the director with copies of each day's race program at least once each week. The winner of each race shall be checked on the program and shall be certified as being the true winner.
(2) The secretary of the fair shall provide the director with copies of each day's race program, together with the harness horse race result sheet. (Form FF-18), for the fair's races. The winner of each race shall be checked on the program and shall be certified as being the true winner.
(3) If the eligibility of a breeder to receive a breeder's award is questioned, the burden of proving that the horse is a Michigan-bred horse or is in compliance with these rules rests with the breeder or breeders.
History
- History: 1979 AC; 1981 AACS; 2002 AACS.
Mich. Admin. Code R 285.808.4 Rescinded {#sec-r-285.808.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.808.4}
History
- History: 1979 AC; 1981 AACS; 2002 AACS.
R 285.809.1 to R 285.809.7 Regulation No. 809. Thoroughbred Allotments for Training
Mich. Admin. Code R 285.809.1 Definitions {#sec-r-285.809.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.809.1}
DEPARTMENT OF AGRICULTURE
FAIRS, EXHIBITIONS AND RACING DIVISION
REGULATION NO. 809. THOROUGHBRED ALLOTMENTS FOR TRAINING
AND STABLING FACILITIES
(By authority conferred on the racing commissioner by sections 9 and 178 of Act No. 380 of the Public Acts of 1965, as amended, and section 7 of Act No.279 of the Public Acts of 1995, as amended, being §§16.109, 16.278, and 431.307 of the Michigan Compiled Laws)
Rule 1. As used in these rules:
(a) “Applicant” means an individual, partnership, association, or corporation applying for thoroughbred training and stabling facility state funds.
(b) “Department” means the department of agriculture.
(c) “Director” means the director of agriculture.
(e) “Training track” means a track with a cushion adequate to condition horses.
History
- History: 1983 AACS.
Mich. Admin. Code R 285.809.2 Allotments; qualifications {#sec-r-285.809.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.809.2}
Rule 2. (1) An applicant receiving an allotment shall not require persons using the facilities to be members of an association or organization.
(2) An allotment may be made only to an applicant who does not receive state funds for thoroughbred training and stabling from any other state source.
History
- History: 1983 AACS.
Mich. Admin. Code R 285.809.3 Allotments; application and approval {#sec-r-285.809.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.809.3}
Rule 3. (1) The applicant requesting funds shall file a proper application with the director, in duplicate, on forms provided by the department, on or before May 1 preceding the state’s fiscal year for which an allotment is being requested. The date set forth in this subrule shall not apply for the first year these rules are in effect.
(2) The department shall given written notice of approval or disapproval of an application within 30 days after its receipt.
(3) Allotments for the 1983 race season may be retroactive to January 1,1983.
History
- History: 1983 AACS.
Mich. Admin. Code R 285.809.4 Stabling facilities {#sec-r-285.809.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.809.4}
Rule 4. (1) Michigan owners shall be given preference over persons from outside Michigan for training and stabling.
(2) Stalls shall be not less than 80 square feet per horse.
(3) Water shall be provided to each building used.
(4) The applicant shall provide to the department a sworn statement showing that all local ordinances have been met.
(5) Conveniently located restrooms and washroom facilities shall be provided on the grounds for persons renting stabling facilities.
(6) All manure shall be removed from the grounds i accordance with acceptable training track practices.
History
- History: 1983 AACS.
Mich. Admin. Code R 285.809.5 Training facilities {#sec-r-285.809.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.809.5}
Rule 5. (1) A training track on which thoroughbred horses train shall be maintained in a manner suitable for training horses, or an auxiliary track shall be made available.
(2) The training track shall be available for training thoroughbred horses for a period of not less than 6 hours per day, unless written consent for a variance is given by the director.
History
- History: 1983 AACS.
Mich. Admin. Code R 285.809.6 Final approval {#sec-r-285.809.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.809.6}
Rule 6. After an application has been submitted, the department shall conduct an inspection of the total facility to determine that the facility meets the standards described in R 285.809.4 and R285.809.5.
History
- History: 1983 AACS.
Mich. Admin. Code R 285.809.7 Allotments; uses {#sec-r-285.809.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.809.7}
Rule 7. (1) The department may allot funds, not to exceed 1% of the revenue received from thoroughbred racing in Michigan, to qualified applicants who have conformed to all other provisions of these rules.
(2) An applicant shall submit to the department, within 30 days of the conclusion of the training period, a sworn statement of the number of stalls rented and the period of time for which they were rented.
(3) An applicant shall provide any additional information requested by the director which is necessary to process the applicant’s claim.
(4) Facilities shall be available and the track shall be in training condition for the training period approved by the department in accordance with the applicant’s application.
(5) A rental rate charged to a person for training or stabling at an approved training track shall be approved by the director.
(6) The state of Michigan shall not be held responsible for liabilities involving training and stabling.
(7) Records pertaining to rental of facilities shall be kept by the applicant and made available to state auditors for not less than 4 years.
History
- History: 1983 AACS.
R 285.810.1 to R 285.810.10 Regulation No. 810. Thoroughbred Breeders' Awards and State Supplements
Mich. Admin. Code R 285.810.1 Definitions {#sec-r-285.810.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.810.1}
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
FINANCIAL PROGRAMS REGULATION SECTION
REGULATION NO. 810. THOROUGHBRED BREEDERS’ AWARDS
AND STATE SUPPLEMENTS
(By authority conferred on the director of the department of agriculture and rural development by section 7 of Act No. 279 of the Public Acts of 1995, as amended, being 431.307 of the Michigan Compiled Laws.)
Rule 1. As used in these rules:
(a) "Breeder" means an individual, partnership, association, or corporation that owns a mare at the time of foaling. The lessee of a mare, which is registered with the jockey club, incorporated, at the time of foaling, is deemed the owner of the mare.
(b) "Conditions" means the specification of terms under which a race is conducted.
(c) "Department" means the Michigan department of agriculture.
(d) "Director" means the director of the department or his or her designee.
(e) "Earned track purse" means the portion of a purse offered by a thoroughbred racing association that is awarded for the order of finish up to 3 placings, but does not include a state supplement or any other awarded funds.
(f) "Foaling year" means the calendar year in which the mare foaled.
(g) "Michigan-bred horse" means a horse that meets the requirements of R 285.810.2.
(h) "Owner" means an individual, partnership, association, or corporation which owns a Michigan-bred horse and which is licensed under section 16 of Act No. 279 of the Public Acts of 1995, being §431.316 of the Michigan compiled laws.
(i) "State supplement" means money allocated by the director from state funds for an approved race conducted exclusively for Michigan-bred horses.
(j) "Thoroughbred racing association" means an association licensed by the Michigan racing commissioner to conduct thoroughbred horse races in Michigan.
(k) "Track purse" means the money offered by a thoroughbred racing association for 1 race, but does not include a state supplement.
(l) "First-time breeder" is an individual, partnership, or corporation that has never registered as a breeder with the department. Any partnership or corporation of which any part of the ownership has registered as a breeder with the department is not eligible as a first-time breeder.
History
- History: 1979 AC; 1983 AACS; 1998-2000 AACS.
Mich. Admin. Code R 285.810.2 Eligibility of foals for breeders' awards, owners' awards, and state supplements {#sec-r-285.810.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.810.2}
Rule 2. (1) To be eligible for breeders' awards, owners' awards, and state supplements, an owner shall comply with all of the following provisions:
(a) A mare shall be registered with the director by February 15 of the foaling year.
(b) A foal shall be from a mare which was registered with the director and which was in Michigan on or before February 15 of the foaling year. The mare shall remain in this state until foaling and for not less than 7 months of the foaling year.
(c) The jockey club, incorporated, certificate of foal registration shall state: foaled in Michigan, U.S.A.
(d) Within 15 days of the date of departure of a registered mare, an owner shall give the director written notice of the mare's departure from Michigan. In addition, an owner shall give the director written notice of the mare's return to Michigan within 15 days of the date of return.
(e) A department Michigan-bred certificate of thoroughbred foal eligibility shall accompany the jockey club, incorporated, certificate at the time of entry in a race. The certificate shall be issued 48 hours or more before Annual Administrative Code Supplement 1998 – 2000 Editon 419 post time.
(2) If a breeder or owner has complied with all other rules, then the director may waive the date requirements of subrule (1)(a) and (d) of this rule for the first time a breeder or owner registers with the department.
(3) A Michigan-bred certificate of thoroughbred foal eligibility shall be issued by the director for a Michiganbred horse that meets all of the above requirements set forth in subrules (1) and (2) of this rule.
History
- History: 1979 AC; 1983 AACS; 1998-2000 AACS.
Mich. Admin. Code R 285.810.3 Eligibility of races for supplements {#sec-r-285.810.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.810.3}
Rule 3. (1) State supplements shall be allocated for the following Michigan-bred horse races:
(a) Thoroughbred races approved by the director.
(b) The following stake races shall be run each year at one of the thoroughbred tracks operated by a licensed association:
(i) Michigan futurity, 2-year-olds.
(ii) "Sickles Image" stake, 2-year-old, 2 divisions, (1) colts and geldings, (2) fillies.
(iii) "Lansing" stake, 3-year-olds, 2 divisions, (1) colts and geldings, (2) fillies.
(iv) "Michigan Breeders" stake, 3-year-olds and up.
(v) "Little Ones" stake, 2-year-olds, 2 divisions, (1) colts and geldings, (2) fillies.
(vi) "Dowling" stake, 3-year olds, 2 divisions, (1) colts and geldings, (2) fillies.
(vii) "Frontier" stake, 3-year-olds and up.
(viii) Larkspur - 3-year-old and up - fillies and mares.
(ix) Moonbeam - 3-year-old and up - fillies and mares.
(x) Regret - 3-year-old fillies.
(xi) Michigan oaks - 3-year-old fillies.
(2) State supplements shall be paid first for races specified under subrule (1) (b) of this rule. If funds are not available to provide state supplements for all races approved by the director under subrule (1) (a) of this rule, then the director shall prorate available money at his or her discretion among the races so run.
(3) At least 1 Michigan-bred race shall be scheduled on each program.
(4) Each association licensed to conduct racing in Michigan shall not offer a lesser track purse for a Michigan-bred race than the track purse offered for a non-Michigan-bred race that is comparable in the judgment of the director. The nomination fee for a Michigan-bred stakes race shall be equal to the nomination fee for a comparable purse offered on similar conditions in an open stakes race during a race meet.
(5) If the programmed Michigan-bred race does not draw sufficient entries to run, the licensed racing association shall not run a non-Michigan-bred race as a substitute, but shall run an approved substitute Michigan-bred race. Each horse in stake races for 2-and 3-yearold horses described in subrule (1) (b) of this rule shall carry equal scale weight.
History
- History: 1979 AACS; 1983 AACS.
Mich. Admin. Code R 285.810.4 Conditions for races; allocations of state supplements {#sec-r-285.810.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.810.4}
Rule 4. (1) The racing association of the track where Michigan-bred horse races are to be conducted shall propose conditions and purses for all Michigan-bred horse races, including the distances to be run for specified stakes races in R 285.810.3. The conditions of all Michigan-bred horse races are subject to the approval of the director. The track shall submit race conditions to the director, in writing, not less than 18 calendar days before the first race is conducted for each condition book at each track. Changes in the conditions shall be submitted by the track to the director not less than 24 hours before the race is conducted.
(2) The director, with the advice of a representative of licensed thoroughbred racing associations, a certified thoroughbred horsemen's organization, and the Michigan thoroughbred breeders and owners association, shall determine the allocation of state supplements.
(3) The director shall announce, not later than 14 calendar days after receiving the proposed racing conditions, his or her allocation of state supplements to purses for each of the approved Michigan-bred horse races in the condition book. If proposed conditions of the Michiganbred horse races are not submitted to the director within the time fixed by subrule (1) of this rule, then the director may allocate state supplements for Michigan-bred horse races at his or her discretion, but state supplements shall not be allocated more than 24 hours before post time for the race. A state supplement shall not be allocated to a Michigan-bred horse race after the race has been run if the race was not approved by the director.
(4) An extra Michigan-bred horse race shall be proposed by the track to the director by phone or other means 24 hours or more before post time for tentative approval. The track shall follow the proposal with a written proposal postmarked not later than the day of the race.
(5) If an approved Michigan-bred horse race does not fill, then a substitute race may be proposed by the track to the director by phone or other means 24 hours or more before post time for tentative approval. The track shall follow the proposal with a written proposal postmarked not later than the day of the race.
History
- History: 1979 AC; 1983 AACS; 1998-2000 AACS.
Mich. Admin. Code R 285.810.5 Breeders' awards {#sec-r-285.810.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.810.5}
Rule 5. (1) The director shall pay a breeder's award, in an amount specified by law, to the breeder of a Michigan-bred horse each time such horse wins at a licensed track in this state. If more than 1 winner is declared, each breeder is entitled to a full breeder's award.
A breeder's award shall not be paid for races won after the date of death of a breeder.
(2) A right to a breeder's award is not assignable and is not inheritable. The director is not obligated to pay breeder's awards in excess of available funds or other than as provided in these rules.
History
- History: 1979 AC; 1983 AACS.
Mich. Admin. Code R 285.810.6 Payment of breeders' awards, owners' awards, and state supplements {#sec-r-285.810.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.810.6}
Rule 6. (1) The racing commissioner shall certify, to the director, at the completion of racing, in each condition book, the results of all races won by Michigan-bred horses and their breeders and the results of all races in which a Michigan-bred horse finished first, second, or third in a race that was not restricted to Michigan-bred horses.
(2) If the eligibility of a breeder or owner to receive a breeders' award or owners' award is questioned, then the burden of proof that a horse was Michigan-bred or is in compliance with these rules is on the breeder and owner.
(3) State supplements and owners awards may be paid to the owners of winning horses at least twice each year, after June 30 and after December 31, upon certification under this rule.
(4) Payment of breeders' awards and owners awards shall be processed at least twice each year, after June 30 and after December 31.
History
- History: 1979 AC; 1998-2000 AACS.
Mich. Admin. Code R 285.810.7 Rescinded {#sec-r-285.810.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.810.7}
History
- History: 1979 AC; 1983 AACS.
Mich. Admin. Code R 285.810.8 Rescission {#sec-r-285.810.8 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.810.8}
Rule 8. Regulation No. 807, entitled "Purses for Michigan-bred Horses at Licensed Tracks, State Allocations," being R 285.807.1 to R 285.807.4 of the Michigan Administrative Code and appearing on pages 3144 and 3145 of the 1964-65 Annual Supplements to the Code, is rescinded.
History
- History: 1979 AC.
Mich. Admin. Code R 285.810.9 Owners' awards {#sec-r-285.810.9 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.810.9}
Rule 9. (1) An award of up to 30% of the earned track purse shall be paid to the purse account of the owner of a Michigan-bred horse that finishes first, second, or third in an eligible race that was not restricted to Michigan-bred or sired horses at a state-licensed pari-mutuel track in Michigan.
(2) The director, with advice from the certified thoroughbred horsemen's organization and the Michigan thoroughbred breeders and owners association, shall determine the allocation of owners award percentages.
(3) A single owners' award is limited to $10,000.00.
History
- History: 1998-2000 AACS.
Mich. Admin. Code R 285.810.10 Payment of owners awards {#sec-r-285.810.10 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.810.10}
Rule 10. (1) The racing commissioner shall certify, to the director, at the completion of racing, in each condition book, the names of the owners of all Michigan-bred horses that finished first, second, or third in a race that was not restricted to Michigan-bred or sired horses.
(2) If the eligibility of an owner to receive an owners' award is questioned, then the burden of proof that a horse was Michigan-bred or is in compliance with these rules is on the owner.
(3) Owners' awards are paid in the same manner as state purse supplements under R 285.810.6
History
- History: 1998-2000 AACS.
R 285.811.1 to R 285.811.10 Regulation No. 811. Premium Allocation To Fairs And Expositions
Mich. Admin. Code R 285.811.1 Definitions {#sec-r-285.811.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.811.1}
MICHIGAN DEPT. OF AGRICULTURE
FAIRS, EXHIBITIONS AND RACING DIVISION
REGULATION 811. PREMIUM ALLOCATIONS TO FAIRS AND
EXPOSITIONS
(By authority conferred on the director of the department of agriculture by section 20 of 1995 PA 279, MCL 431.320)
Rule 1. (1) As used in these rules:
(a) "Act" means 1995 PA 279, MCL 431.320.
(b) "American judging system" means a method of judging where all entries are placed in a rank order according to quality, for example, first, second, third.
(c) "Animal" means mollusks, crustaceans, and vertebrates.
(d) "Association" means an agricultural or a fair association which is organized under, or which is in compliance with, the laws of this state.
(e) "Categories" means 1 of the following:
(i) "Agricultural product or commodity" means any product derived from or grown as an agricultural product provided that the product is judged on the quality of the product.
(ii) "Antique" means any item at least 50 years old.
(iii) "Artwork" means any 2-dimensional or 3-dimensional original fine artwork or folk artwork or crafts, which is judged on the creative or presentation quality of the piece, or both.
(iv) "Companion animal" means any animal that is raised or maintained for a pet or breeding provided the exhibitor is judged on the quality of the animal or obedience performance, or both.
(v)"Culinary art" means any food product or beverage in which the end product is "homemade" that is judged on the quality, presentation, and/or taste.
(vi) "Demonstration" means any project with defined learning objectives that reflect the community interests or agriculture, or both. The demonstration shall be judged on the achievement of the objective and the quality of the presentation.
(vii) "Educational project" means any project with defined learning objects that reflects the community's interests or agricultural heritage, or both. The project shall be judged on the achievement of the objectives and the quality of the presentation.
(viii) "Equine" means any animal in the equine family that is raised or maintained for breeding, pleasure, use, or show provided that the animal is judged on the quality of the breed or show performance.
(ix) "Floricultural or horticulture" means any product or display of plant stock, flowers, or foliage which is judged on the quality of the stock and the artistic quality of the display.
(x) "Production livestock" means any animal that is raised for the purposes of breeding, food or market byproducts such as wool, milk, eggs, and fiber may be eligible for premiums if the exhibit is judged on quality of the livestock, breed, or the byproducts.
(xi) "Tractor" means any farm stock or antique tractor which is judged for the quality of display or pulling competition. Farm stock or antique tractors shall be of standard make and not materially altered over factory specifications. Tractors shall not operate more than 15% over factory rated RPM and horsepower shall not exceed 5 miles per hour.
(f) "Class" means a group of entries which compete against each other or a set of standards and fall under a defined category.
(g) "Danish judging system" means a method of judging in which all entries are judged against an established set of standards. All of the entries meeting the standards may receive the same award.
(h) "Department" means the Michigan department of agriculture.
(i) "Director" means the director of the department or his or her designee.
(j) "Entertainment event" means any event where a special admission is charged or an admission is charged in addition to the general gate admission to attend the event.
(k) "Exhibit" means an article, item, animal, demonstration, or educational project which is entered for public display at a fair or exposition.
(l) "Exhibit project areas" means a subset of a category which includes a set of classes.
(m) "Exhibitor" means an individual or group who participates in a showing or an event.
(n) "Exposition" means a public exhibition or show of artistic or industrial developments.
(o) "Fair" means a regional or state event, usually held annually, consisting of displays of farm and home products and various competitions and entertainment.
(p) "Owner" means the individual who owns an exhibit.
(q) "Premium" means a cash prize awarded for exhibits or to exhibitors.
(r) "Premium book or list" means a published list of all of the following:
(i) Exhibit project areas numbered as prescribed by the department.
(ii) Classes identified and numbered.
(iii) Placing offered for each class.
(iv)Premium offered for each placing.
(s) "Supplement" to the premium book or list" means a listing of corrections and updates on classes that do not appear in the original premium book or list.
(t) "Youth class" means a class open to exhibitors 21 years of age or younger as of January 1 of the fair/exposition year unless otherwise stated in these regulations.
(2) Terms defined in the act have the same meanings when used in these rules.
History
- History: 1979 AC; 1980 AACS; 1985 AACS; 2004 AACS; 2008 AACS.
Mich. Admin. Code R 285.811.1a Judging {#sec-r-285.811.1a omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.811.1a}
Rule 1a. (1) Judging shall occur during or not more than 3 days before the opening day of the fair or exposition, unless otherwise approved by the director or his or her designee.
(2) Carcass exhibits may be judged and displayed at a different location.
(3) All exhibits shall be judged by using the American or Danish system for judging in competition; however, if there is only 1 entry in a class, then the exhibits shall be judged against standards accepted by the association.
(4) Judges shall not have a management or supervisory role at the fair or exposition.
There shall not be an ongoing and direct relationship between the judge and any employee or exhibitor within class or classes being judged.
History
- History: 1980 AACS; 1985 AACS; 2004 AACS; 2008 AACS.
Mich. Admin. Code R 285.811.2 Qualifications for allotments {#sec-r-285.811.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.811.2}
Rule 2. (1) An association receiving an allotment shall not limit the entries of the entire fair or exposition to members of an association or organization.
(2) A fair or exposition shall be conducted for a period of not less than 3 years before consideration for financial assistance except as provided for in R 285.811.2(3).
(3) If an existing fair or exposition is determined to have mismanaged state funds or suspends or ceases operations and another entity servicing the same geographic area elects to incorporate as an agricultural society, then that entity may apply for state funding during the first year of operation.The first payment shall be made after the completion of the first year's fair or exposition.
History
- History: 1979 AC; 1985 AACS; 2004 AACS; 2008 AACS.
Mich. Admin. Code R 285.811.3 Exhibit premiums eligible for state allocations {#sec-r-285.811.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.811.3}
Rule 3. (1) State allocation for premium reimbursement shall be limited under the following conditions:
(a) The state allocation shall not exceed $250.00 per placing.
(b) Not more than 10 placings per class in an open class for eligible exhibits. Youth classes are not limited on the number of placings.
(c) State-funded premiums shall not be awarded in an animal class where an exhibitor is under 6 years of age by January 1 of the fair/exposition year, and who participates as an individual.
(d) For classes under the educational projects or demonstration projects categories, participants are limited to youth who are 19 years of age by January 1 of the fair/exposition year or younger. Participants 26 years of age by January 1 of the fair/exposition year or younger, who have been determined to be eligible for special education services by the local school district, may participate in classes under the educational projects and demonstration projects.
(e) Ownership is not required for an exhibitor to show in any animal classes other than market classes.
(f) In all categories other than animal, antique, or tractor, the exhibitor shall be the creator of the article, item, or project.
(g) State-funded premiums shall not be paid to a class in an antique category that contains an item that has been entered for competition in the previous 3 years.
(2) Premiums are eligible for individual or group exhibits in any of the following defined categories that are published in the premium book or list:
(a) Agricultural products.
(b) Antique.
(c) Artwork.
(d) Companion animal.
(e) Culinary Arts.
(f) Demonstration.
(g) Educational project.
(h) Equine.
(i) Floriculture or horticulture.
(j) Production livestock.
(k) Tractor.
History
- History: 1979 AC; 1985 AACS; 2004 AACS; 2008 AACS.
Mich. Admin. Code R 285.811.4 Application and approval of allotments {#sec-r-285.811.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.811.4}
Rule 4. (1) The president and secretary of an association that requests state allotments for the payment of premiums shall submit to the department a properly completed application by the date specified by the department on the application. The department shall give written notice if the application is denied.
(2) Any change to the original application shall be submitted in writing to the department.
History
- History: 1979 AC; 1980 AACS; 1985 AACS; 2004 AACS; 2008 AACS.
Mich. Admin. Code R 285.811.5 Allotment and use of funds {#sec-r-285.811.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.811.5}
Rule 5. (1) The director or designee may advance funds to an association making proper application under R 285.811.4 in an amount determined by the prior year's total payment of eligible premiums and available funds as appropriated by the legislature. After an audit, any overpayment to an association for premiums shall be remitted to the department on its request. The department shall make a preliminary audit of the prior years' payments before any authorization of funds.
(2) Funds allotted shall be for the payment of 75% or less of an eligible cash premium not to exceed the department-approved allotment based on the appropriation for premiums. Premiums for eligible exhibits shall be paid by check within the association's fiscal year directly to each exhibitor before submission of the final reports provided for in R 285.811.6.
(3) The department may approve funds for payment of premiums for commodity expositions sanctioned by a statewide agriculture association and held in conjunction with a fair or exposition (4) State-funded premiums shall not be paid for an entertainment event except for equine pulling and farm stock/antique tractor pulling events where these contests are held separate from any other entertainment event.
(5) To receive an allotment for livestock or equine classes, the fair or exposition shall have a policy and procedure for drug testing of animals on file with the department.
History
- History: 1979 AC; 1980 AACS; 1985 AACS; 2004 AACS.
Mich. Admin. Code R 285.811.5a Premium book or list {#sec-r-285.811.5a omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.811.5a}
Rule 5a. (1) The fair or exposition shall annually publish a premium book or list.
(2) The premium book or list shall include all of the following:
(a) A list of all exhibit project areas, classes, and placings offered for each exhibit. The book or list shall state if a Danish system will be used in judging and/or if the class is open or youth participation only.
(b) Statement of any restriction to a class shall be in compliance with R 285.811.3.
(c) If classes are included from the demonstration or educational project categories, then the book shall include the learning objectives for each class in the category.
(d) The amount of the cash award for each placing.
(e) Notice that livestock exhibitors must be in compliance with animal health regulations as defined by the department and a reference must be provided on where the exhibitor can access them.
(f) The procedures to file a complaint or protest and the procedure to make an appeal to the state.
(g) The policy and procedure used for drug testing of livestock and equine.
(3) Two copies of the premium book or list shall be submitted to the department not less than 15 days before the opening of the event.
History
- History: 1979 AC; 1980 AACS; 2004 AACS; 2008 AACS.
Mich. Admin. Code R 285.811.6 Final reports {#sec-r-285.811.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.811.6}
Rule 6. (1) Within 120 days after the close of a fair or exposition, an association shall submit to the department, unless notified otherwise, all of the following properly completed documents:
(a) A report of premiums paid by exhibit project areas and classes.
(b) The association's cash receipts and disbursement statement that covers a fiscal year for which state allotments were requested.
(c) Premium book supplements.
(d) A report on all tractor pulling events and certification that all farm stock tractors were inspected and meet the defined requirements.
(e) A statement from the livestock superintendent or fair personnel who is responsible for the livestock and equine departments that livestock and equine drug testing was administered according to the fair policy.
(f) A report that identifies all events during the fair that were determined to be an entertainment event.
(2) The items prescribed in subdivisions (a) and (b) of subrule (1) of this rule shall be submitted electronically or on forms provided by the department and/or approved by the director. The association shall supply the department with any additional information required in auditing of the report.
(3) The association shall keep all records pertaining to payment of premiums and make them available for inspection by state auditors for not less than 4 years.
History
- History: 1979 AC; 1980 AACS; 1985 AACS; 2004 AACS; 2008 AACS.
Mich. Admin. Code R 285.811.7 Rescinded {#sec-r-285.811.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.811.7}
History
- History: 1979 AC; 1985 AACS; 1997 AACS.
Mich. Admin. Code R 285.811.8 Noncompliance {#sec-r-285.811.8 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.811.8}
Rule 8. The department may deny state funds to any fair or exposition found to be in noncompliance with these rules.
History
- History: 1979 AC; 1985 AACS.
Mich. Admin. Code R 285.811.9 Rescinded {#sec-r-285.811.9 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.811.9}
History
- History: 1979 AC; 2004 AACS.
Mich. Admin. Code R 285.811.10 Complaints and appeal {#sec-r-285.811.10 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.811.10}
(1) Any exhibitor may file a complaint regarding any of the following:
(a) Conflict of interest of the judge.
(b) Disqualification of an exhibit or exhibitor.
(c) Exhibitor, group leader, or superintendent behavior.
(d) Eligibility of the exhibit.
(2) The association board, except as provided in Regulation 851, Michigan State Fair and Regulation 852, Upper Peninsula State Fair, shall adopt and maintain a compliant and appeals procedure which shall include all of the following:
(a) In accordance to the annual appropriation act, exhibitors are allowed to file a written complaint within 10 days after the end of the fair or exposition.
(b) Provide steps for the board to review, investigate, and issue a notice of findings and recommended actions.
(c) Notify the exhibitor filing the complaint that he or she may make an appeal to the department within 45 days of filing the initial complaint if the exhibitor is not satisfied with the association's action.
(3) The department shall have 60 days after receipt of any appropriately filed appeal to investigate the complaint, and shall issue a finding of fact and notice of department action and any recommended actions for the association.
History
- History: 2004 AACS.
R 285.812.1 to R 285.812.10 Regulation No. 812. State Aid for Harness Horse Racing
Mich. Admin. Code R 285.812.1 Definitions {#sec-r-285.812.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.812.1}
DEPARTMENT OF AGRICULTURE
FAIRS, EXHIBITIONS AND RACING DIVISION
REGULATION NO. 812. STATE PURSE SUPPLEMENTS FOR HARNESS
HORSE RACING AT FAIRS AND PARI-MUTUEL TRACKS
(By authority conferred on the director of the department of agriculture by sections 17, 18, 19, and 20 of 1995 PA 279, MCL 431.317 TO 431.320)
Rule 1. As used in these rules:
(a) "Department" means the Michigan department of agriculture.
(b) "Director" means the director of the department or his or her designee.
(c) "Domicile" means the fixed, permanent, and principal home to which a person intends to return.
(d) "Fair" means a county, district, community, or 4-H fair, and any other state fair that has been approved by the director to conduct harness horse races during the fair.
(e) "Fairs, exhibitions and racing division" means the fairs, exhibition and racing division of the department.
(f) "Licensed pari-mutuel track" means a facility that is owned by a person who is licensed by the office of racing commissioner to conduct standardbred races in Michigan.
(g) "Michigan-sired standardbred horse" means a standardbred horse that satisfies any of the following provisions:
(i) The first foal per year, with the exception of twins carried to term by the natural mother, which is from a Michigan owned standardbred mare at the time of breeding and which is sired by a Michigan-owned or leased stallion, duly registered with the fairs, exhibitions and racing division.
(ii)The first foal per year, with the exception of twins carried to term by the natural mother, from a mare which is owned exclusively by a resident or residents of this state at the time of conception and which is conceived out of this state by means of transported semen from a standardbred stallion that is registered with the department.
(iii)The first foal per year, with the exception of twins carried to term by the natural mother, from a mare which is owned exclusively or in part by a nonresident of this state at the time of conception and which is conceived out of this state by means of transported semen from a standardbred stallion registered with the department, if by November 1 of the year the foal is conceived, the transport fee is paid to the department's agent.
(h) "Owner" means a person or persons who are domiciled in this state and who have been recorded with the United States trotting association register as being horse owners.
(i) "Person" means an individual, partnership, association, or corporation.
(j) "Purse offered" means the purse requested by the fair association or licensed parimutuel track at the time of application to the department for approval of purse funds.
(k) "Race program" means a series of not less than 8 standardbred horse races held at a county fair within a specified block of time.
(l) "Registered stallion" means a stallion that was registered, on the forms provided by the director, with the department, by January 1 each year in which the stallion will be standing at service in this state from January 1 to July 31 of the calendar year in which it is registered. A newly acquired stallion, which has not been in this state for breeding purposes before January 1 of a given year and has not serviced any mares after December 31 of the preceding year, is registered with the department before servicing mares, if its foals are to be eligible for Michigan tax-supported races.
Transportation of semen from a registered stallion to a location outside this state does not affect the eligibility of a Michigan-sired standardbred foal for purses provided for in this rule.
(m) "Transport fee" means a fee paid for a foal from a mare which is owned exclusively or in part by a nonresident of this state at the time of conception and which is conceived outside of this state by means of transported semen from a standardbred stallion that is registered with the department.
(n) "U.S.T.A." means the United States trotting association.
History
- History: 1979 AC; 1981 AACS; 1998 AACS; 2002 AACS; 2004 AACS.
Mich. Admin. Code R 285.812.1a Determination of domicile {#sec-r-285.812.1a omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.812.1a}
Rule 1a. The following factors shall be considered in the determination of domicile:
(a) Voting registration or alien registration showing a Michigan address.
(b) Federal income tax return showing a Michigan address.
(c) State income tax return showing a Michigan address.
History
- History: 1981 AACS; 2004 AACS.
Mich. Admin. Code R 285.812.2 Eligibility to receive state purse supplement {#sec-r-285.812.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.812.2}
Rule 2. To be eligible to receive state purse supplements for standardbred horse races that a fair or pari-mutuel track offers, the fair or pari-mutuel track shall conduct races that are designated by the director for state purse supplements under R 285.812.5. A fair shall also file its proposed annual harness horseracing program with the department by February 1 of each year. The director shall approve the plan. A fair or pari-mutuel racetrack that receives state purse supplements under this rule shall file reports with the department as required by the director.
History
- History: 1979 AC; 1998 AACS; 2004 AACS.
Mich. Admin. Code R 285.812.3 Presiding judges at fairs {#sec-r-285.812.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.812.3}
Rule 3. (1) The presiding judge and clerks shall be licensed by the USTA and approved by the office of the racing commissioner.
(2) The presiding judge shall enforce all department rules pertaining to harness horse racing at fairs and any penalties imposed by the department or by reciprocal agreement with the office of racing commissioner.
(3) The fair and the presiding judge shall approve all associate judges and timers at each fair race meet to which the presiding judge is assigned.
(4) The department shall allot a sum to each fair for payment of judges and clerks.
History
- History: 1979 AC; 1981 AACS; 1995 AACS; 1998 AACS; 2002 AACS.
Mich. Admin. Code R 285.812.4 Track maintenance; track equipment; head and saddle pad numbers {#sec-r-285.812.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.812.4}
Rule 4. (1) A fair that may conduct harness horse races shall maintain its racetrack in a manner that makes harness horse racing safe. The track shall be adequately drained, shall be kept in a smooth condition during the races, and shall be sprinkled between races when necessary. If purses are paid in part by funds allocated under this rule, then the track condition shall be approved by a representative of the director before any races are conducted.
(2) An approved starting gate and starter shall be used in a harness horse race. The department shall be reimburse the fee to the fair based on available funds and the going industry rate for approved mobile starting gates for each harness horse race program conducted at the fair. The fair shall submit, to the director, within 15 days after completion of the harness race program or September 30, whichever is sooner, receipted invoices for the starting gate operations.
(3) A fair shall use adequate photo finish equipment and an experienced photographer for all harness horse races. The department shall reimburse the fair, subject to available funding, a fee for approved photo finishing equipment and the services of an experienced photographer for each harness horse race program conducted at the fair. The fair shall submit, to the director, within 15 days after completion of the harness race program or September 30, whichever is sooner, receipted invoices for the photo finish operations.
(4) The fair shall provide a harness horse race entry with a head number or a saddle pad, or both.
History
- History: 1979 AC; 1981 AACS; 1995 AACS; 1998 AACS; 2002 AACS; 2004 AACS.
Mich. Admin. Code R 285.812.5 Race program development and allocation {#sec-r-285.812.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.812.5}
Rule 5. (1) The director shall designate annually which standardbred horse races conducted at fairs and licensed pari-mutuel racetracks shall be eligible for state purse supplements. To assist the director in designating the races and determining the number, location, time, conditions, and amount of the state purse supplements for each race, an advisory committee is established consisting of the following persons:
(a) The president or designee of the Michigan harness horsemen's association.
(b) The president or designee of the Michigan association of fairs and exhibitions.
(c) The president or designee of the Michigan standardbred breeders association.
(d) The president or designee of the northern Michigan fair and racing association.
(e) The designated representative of the office of racing commissioner.
(f) A pari-mutuel racetrack representative designated by the racing commissioner.
(g) A representative of the department who shall chair the committee.
(h) Other persons deemed appropriate by the director.
(2) The advisory committee shall develop and recommend to the director an overall standardbred racing program each year. The overall program shall include the proposed number, location, time, conditions, and amount of state purse supplements to allocate for program races. The standardbred racing program shall be designed to promote positive growth and development of the state's standardbred horse racing and breeding industry.
(3) The director shall make the allocation of funds based on his or her determination of what best promotes the positive growth and development of the horse racing and breeding industry in the state of Michigan.
2004 AACS.
History
- History: 1979 AC; 1981 AACS; 1983 AACS; 1994 AACS; 1998 AACS; 2002 AACS;
Mich. Admin. Code R 285.812.5a Rescinded {#sec-r-285.812.5a omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.812.5a}
Editor's note: Pursuant to section 56 of Act No. 306 of the Public Acts of 1969, as amended, being S24.256 of the Michigan Compiled Laws, R 285.812.5a is rescinded to correct an obvious error.
History
- History: 1994 AACS; 1998-2000 AACS.
Mich. Admin. Code R 285.812.6 Allocations for purse supplements {#sec-r-285.812.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.812.6}
Rule 6. (1)Before a designated race, the director shall make allocations to a fair or licensed pari-mutuel track for purses for harness horse races as follows:
(a) The allocation shall be not more than 75% of the purse offered by a fair or licensed pari-mutuel track.
(b) The allocation for a purse on an overnight race hall not exceed the lowest purse offered for overnight races at any licensed race meeting in this state during the previous year or be more than $1,000.00.
(c) The allocation for a purse on an early closing 2- and 3-year-old filly and colt race shall not be more than $10,000.00.
(d) The allocation for futurities for 2- and 3-year-old horses shall be not more than 75% of the purse offered and shall not be more than $18,750.00 for each race. The allocation for the Charles Coon memorial 4-year-old horse futurity shall not be more than $37,500.00 for each race.
(e) All fair racing shall be conducted under the 2001 regulations of the United States trotting association, which are adopted by reference in these rules, if the regulations are not in conflict with department rules. Copies of the United States trotting association rules may be obtained from the United States Trotting Association, 750 Michigan Avenue, Columbus, OH 43215-1191, at no cost as of the time of adoption of these rules, or from the Michigan Department of Agriculture, P.O. Box 30017, Lansing, MI 48909, at no cost as of the time of adoption of these rules.
(f) All pari-mutuel racing conducted under these rules shall be conducted under the rules or orders of the office of the racing commissioner.
(2) Any harness horse owned outside of this state that is not a Michigan-sired standardbred horse is ineligible to participate in the allocation of state funds paid at any harness horse race contest, unless the director gives written permission.
(3) A Michigan-sired standardbred horse which is owned exclusively by a resident or residents of this state shall not be barred from a fair harness horse race if the Michigansired standardbred horse conforms to the age, sex, and earnings stipulated in the conditions of the race.
(4) If a purse for an early closing colt stake or futurity race is supplemented by state funds, then the race shall be restricted to horses sired by standardbred stallions registered with the state of Michigan.
(5) A stallion shall be registered, on forms provided by the department, with the director by January 1 of each year that the stallion will be standing at service in this state. A newly acquired stallion that is purchased after January 1 of the breeding year shall be registered with the director before serving a mare.
(6) A fair may race any of the races specified in this rule as 1 heat.
(7) The Michigan harness horsemen's association is designated and shall serve as the department's agent for purposes of administering approved procedures governing nominations and sustaining functions for all colt stakes and may be designated the collecting and holding agent for all fees by the sponsors of the colt stakes. While acting as the department's agent under this rule, the Michigan harness horsemen's association shall not require that persons be members of the Michigan harness horsemen's association as a condition of nominating and participating in colt stake races designated by the director to be eligible to receive state purse supplements. The Michigan harness horsemen's association may charge a reasonable service fee to nonmembers to perform this function.
If the Michigan harness horsemen's association is unable or unwilling to serve as the department's agent under this rule, then the director may designate and appoint another agent of his or her choice .Final decisions on application of procedures shall be made by the director.
History
- History: 1998 AACS; 2002 AACS; 2004 AACS.
Mich. Admin. Code R 285.812.6a Rescinded {#sec-r-285.812.6a omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.812.6a}
History
- History: 1998-2000 AACS.
Mich. Admin. Code R 285.812.7 Split races {#sec-r-285.812.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.812.7}
Rule 7. A fair that conducts a split race required under United States trotting association rules shall not receive an allocation in addition to the amounts described in R 285.812.6.
History
- History:1979 AC; 1995 AACS; 1998 AACS; 2004 AACS.
Mich. Admin. Code R 285.812.7a Driving in race under influence of alcohol prohibited; breath analyzer test {#sec-r-285.812.7a omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.812.7a}
Rule 7a. (1) If a purse is paid in part or in full by state funds, then a driver shall not drive in a fair harness race while under the influence of alcohol. A driver shall submit to a breath analyzer test when directed by a representative of the director. A driver is in violation of these rules if test results show a reading of 0.05% or more of alcohol in the blood and shall not be permitted to drive for at least 12 hours.
(2) If a purse is to be paid in part or full by state funds, then the horse shall be free of any substances, as determined by the office of racing commissioner, that could enhance the performance of the horse during the race. The owner or driver shall submit the horse for urine, blood, saliva, or other tests when directed by a representative of the director.
(3) If a horse dies while on grounds for a fair horseracing program, then the horse may not be removed until a blood sample is drawn. If an authorized department representative is not present, then the judge shall authorize the veterinarian services for draw on behalf of the department.
(4) The judge and fair management shall acknowledge and enforce any sanctions made by the department or the office of racing commissioner against a driver, owner, or trainer.
Any individual sanctioned from racing this state shall not be allowed in the paddock area, racetrack, or any other area on the fairgrounds deemed to be part of the racing program.
History
- History: 1979 AC; 1998 AACS; 2002 AACS; 2004 AACS.
Mich. Admin. Code R 285.812.8 Hearings {#sec-r-285.812.8 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.812.8}
Rule 8. If a provision of these rules or any other rules or state law related to a harness race program is violated, then the director shall notify the horse's owner of the violation and shall hold a hearing within 14 days from the date that the violation is reported to the director. The owner or his or her representative may appear and be heard. From testimony taken, the director shall render a decision on the eligibility of the owner, his or her representative, and the horse, or any of them, to participate in state-funded races or in any future state, county, district, or community fair harness horse race.
History
- History: 1979 AC; 1998-2000 AACS.
Mich. Admin. Code R 285.812.9 Final reports; preservation of records {#sec-r-285.812.9 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.812.9}
Rule 9. (1) Within 15 days after completion of the harness race program or September 30, whichever is sooner, an association shall submit to the director originals of the judges' sheets signed by the presiding judge, a sworn statement on forms provided by the director, and a copy of the printed race program indicating the order of finish of the horses.
(2) The association shall supply the director with any additional information required in the auditing of the report.
(3) Association records pertaining to the payment of purses shall be kept for the state auditors for not less than 4 years.
History
- History: 1998-2000 AACS.
Mich. Admin. Code R 285.812.10 Rescission {#sec-r-285.812.10 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.812.10}
Rule 10. Regulation No. 801, as amended, and Regulation No. 806 of the department of agriculture, being R 285.801, R 285.806.1, and R 285.806.2 of the Michigan Administrative Code, and appearing on pages 3141 to 3143 of the 1964-65 Annual Supplements to the Code, are rescinded.
History
- History: 1979 AC.
R 285.813.1 to R 285.813.5 Regulation No. 813 Testing Horses and Pulling Teams for Drugs
Mich. Admin. Code R 285.813.1 Definitions {#sec-r-285.813.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.813.1}
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
EXECUTIVE DIVISION
REGULATION NO. 813 TESTING HORSES AND PULLING TEAMS FOR
DRUGS
(By authority conferred on the director of the department of agriculture by section 20 of 1995 PA 279, MCL 431.320, and transferred to the Michigan department of agriculture and rural development by Executive Order 2011-2.)
Rule 1. As used in these rules:
(a) "Drug" means any of the following:
(i) A substance recognized or for which the standards or specifications are prescribed in the official compendium consisting of the United States pharmacopoeia, homeopathic pharmacopoeia, of the United States or national formulary and supplements in effect on the effective date of these rules.
(ii) A substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals.
(iii) A substance, other than food, intended to affect the structure or any function of the body of man or other animals.
(b) "Department" means the department of agriculture and rural development.
(c) "Director" means the director of the department or his or her designee.
(d) “Event” means a congregation, gathering or collection of horses that are presented or exposed to public view for show, display, swap, exchange, entertainment, educational event, instruction, advertising, or competition.
(e) "Fair" means all agricultural fairs and expositions that hold harness horse races or pulling contests.
(f) “Gaming control board” is the official authority for Michigan horse racing under Executive Order 2009-45, which integrated what was formerly called the “office of racing commissioner”.
(g) "Horses" mean all members of the family equidae.
(h) "Official sample" means a collection of blood, hair, urine, saliva, or tissue obtained from a horse.
History
- History: 1979 AC; 2006 AACS; 2016 AACS.
Mich. Admin. Code R 285.813.2 Drugs; illegal use {#sec-r-285.813.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.813.2}
Rule 2. (1) Unless authorized by the gaming control boardby rule or written order, a person shall not administer internally or externally a drug that could affect or alter the normal performance of a horse in a horse race or pulling event.
(2) For purposes of this regulation, these rules apply only to events that are not under the jurisdiction of the gaming control board.
History
- History: 1979 AC; 2006 AACS; 2016 AACS.
Mich. Admin. Code R 285.813.3 Collection of official samples {#sec-r-285.813.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.813.3}
Rule 3. (1) Official samples may be obtained by the director or his or her designee from any horse entered in a race or pulling event. The director or his or her designee may request the fair association or event organizer to furnish necessary help to obtain official samples. Failure to provide sufficient help when requested shall result in forfeiture of all rights to state aid to the fair or event for these contests. The owner, trainer, groom, or other responsible representative of the owner shall be present when an official sample is taken from the horse and shall remain until the sample is sealed in his or her presence.
The official sample tag attached to the specimen shall be signed by the owner, trainer, groom, or other representative as witness of the taking of the specimen. Refusal or failure to sign the sample tag shall not affect the validity of the specimen.
(2) Willful failure to be present at or refusal to allow the taking of a specimen, or any act or threat to impede, prevent, or otherwise interfere with the taking of the official sample, is a violation of this rule. The official sample shall be analyzed in the laboratories of the Michigan department of agriculture or a laboratory designated by the director.
(3) The director or director's designee may require a preliminary breath test (PBT) from any driver, jockey, teamster, or starting gate operator for the races and pulling events described in these rules. If the results of the PBT show a reading of 0.05% of alcohol or above, then the driver, jockey, teamster, or starting gate operator shall not participate in that day's races or pulling events.
(4) Each fair or event shall comply with and assist in the enforcement of these rules and provide proper facilities and lighting as may be required by the department to perform the requirements of this rule.
History
- History: 1979 AC; 2006 AACS; 2016 AACS.
Mich. Admin. Code R 285.813.4 Stimulants and Depressants {#sec-r-285.813.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.813.4}
Rule 4. Electrical, mechanical, or other devices shall not be used for stimulating or depressing a horse or affecting its speed or ability in a horse race or pulling event, nor shall a person have such a device in his or her possession.
History
- History: 1979 AC; 2006 AACS; 2016 AACS.
Mich. Admin. Code R 285.813.5 Hearings {#sec-r-285.813.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.813.5}
Rule 5. (1) If a provision of these rules or any other rules or state law related to a horse race or pulling event is violated, then the director shall notify the horse's owner of the violation and shall hold a hearing within 14 days from the date that the violation is reported to the director or shall refer the matter to the Michigan administrative hearing system.
(2) For hearings conducted by the director, from testimony taken, the director shall render a decision on the penalty imposed and/or the eligibility of the owner, his or her representative, and the horse, or any of them, to participate in any future state, county, district, or community fair horse race or pulling event.
(3) The director or an administrative law examiner representing the Michigan administrative hearing system may impose any of the following penalties:
(a) Return to the department any purse or premium awarded in the horse race or pulling event.
(b) A penalty or fine pursuant to sections 30 and 31 of 1995 PA 279, MCL 431.330 and 431.331.
(c) The owner and the horse may be prohibited from participating in horse races or pulling events at fairs for up to 1 year from the date of notification of the first violation.
(d) For second or additional violations, the owner and the horse may be prohibited from participating in horse races or pulling event indefinitely.
History
- History: 1979 AC; 2006 AACS; 2016 AACS.
R 285.814.1 to R 285.814.10 Regulation No. 814. Michigan Futurity Races
Mich. Admin. Code R 285.814.1 Definitions {#sec-r-285.814.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.814.1}
DEPARTMENT OF AGRICULTURE
FAIRS, EXHIBITIONS AND RACING DIVISION
REGULATION NO. 814. FUTURITY AND SIRE STAKES RACES
(By authority conferred on the director of the department of agriculture by section 20 of 1995 PA 279, MCL 431.320)
Rule 1. As used in these rules:
(a) "Commission" means the commission of agriculture.
(b) "Department" means the department of agriculture.
(c) "Director" means the director of the department or his or her designee.
(d) "Domicile" means the fixed, permanent, and principal home to which a person intends to return.
(e) "Fair" means a county, district, community, or 4-H fair and any other state fair in this state that has been approved by the director to conduct harness horse races during the fair.
(f) "Fairs, exhibitions and racing division" means the fairs, exhibition and racing division of the department.
(g) All of the following are futurity races:
(i) "Charles coon memorial futurity race" means a futurity for 4-year-old standardbred harness horses which were nominated by July 15 of the foaling year or supplemental payment in the yearling year and which meet the conditions as published for the race.
(ii) "Fedele Fauri futurity race" means a futurity for 2- and 3-year-old standardbred harness horses which were nominated by July 15 of the foaling year or supplemental payment in the yearling year as provided for in the race conditions.
(iii) "Michigan Breeders Futurity" means a futurity for 2- and 3-year-old standardbred harness horses which were nominated by July 15 in the foaling year or supplemental payment in the yearling year and which meet the published conditions.
(iv) "Michigan futurity race" means a futurity for 2- and 3-year-old standardbred harness horses which were nominated by July 15 of the foaling year or supplemental payment in the yearling year and which meet the published conditions.
(v) "Michigan sire stakes" mean a futurity for 2 and 3-year standardbred horses which were nominated by July 15 of the foaling year or supplemental payment in the yearling year and which meet the published conditions.
(vi) "Spartan futurity" means a futurity for 2- and 3-year old standardbred harness horses which were nominated by July 15 of the foaling year and which meet the published conditions.
(vii) "Wolverine futurity" means a futurity for 2- and 3-year old standardbred horses which were nominated by July 15 of the foaling year or supplemental payment in the yearling year and which meet the published conditions.
(h) "Lessee" means a person who is domiciled in this state and who leases a stallion that has been registered with the USTA.
(i) "Owner" means a person or persons who are domiciled in this state and who are recorded in the USTA sires and dams register.
(j) "Race" means a race event for a definite purse to which the entries close at a prescribed time preceding the race.
(k) "USTA" means the United States trotting association.
(l) "Michigan-sired standardbred horse" means a standardbred horse that satisfies any of the following provisions:
(i) The first foal per year, with the exception of twins carried to term by the natural mother, which is from a Michigan owned standardbred mare at the time of breeding and which is sired by a Michigan-owned or leased stallion, duly registered with the fairs, exhibitions and racing division.
(ii) The first foal per year, with the exception of twins carried to term by the natural mother, from a mare which is owned exclusively by a resident or residents of this state at the time of conception and which is conceived outside of this state by means of transported semen from a standardbred stallion that is registered with the department.
(iii) The first foal per year, with the exception of twins carried to term by the natural mother, from a mare which is owned exclusively or in part by a nonresident of this state at the time of conception and which is conceived outside of this state by means of semen transported from a standardbred stallion registered with the department, if the transport fee is paid to the department's agent by November 1 of the year in which the foal is conceived.
(m) "Offending horse" means a horse that causes a disruption or an accident in a race.
(n) "Racing program" means a series of not less than 8 standardbred horse races held at a county fair within a specified block of time.
(o) "Registered stallion" means a stallion that was registered, on forms provided by the director, with the department, by January 1 each year in which the stallion will be standing at service in this state from January 1 to July 31 of the calendar year in which it is registered.
A newly acquired stallion, which has not been in this state for breeding purposes before January 1 of a given year and has not serviced any mares after December 31 of the preceding year, is registered with the department before servicing any mares if its foals are to be eligible for Michigan tax-supported races. Transportation of semen from a registered stallion to a location out of this state does not affect the eligibility of a Michigansired standardbred foal for purses provided for in this rule.
(p) "Transport fee" means a fee paid for a foal from a mare, which is owned exclusively or in part by a nonresident of this state at the time of conception and which is conceived outside this state by means of transported semen from a standardbred stallion that was registered with the department.
History
- History: 1979 AC; 1981 AACS; 1989 AACS; 1995 AACS; 2002 AACS; 2004 AACS.
Mich. Admin. Code R 285.814.1a Determination of domicile {#sec-r-285.814.1a omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.814.1a}
Rule 1a. The following factors shall be considered when determining domicile:
(a) Voting registration or alien registration showing a Michigan address.
(b) Federal income tax return showing a Michigan address.
(c) State income tax return showing a Michigan address.
History
- History: 1981 AACS; 2004 AACS.
Mich. Admin. Code R 285.814.1b Eligibility {#sec-r-285.814.1b omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.814.1b}
Rule 1b. A horse must be a Michigan-sired standardbred horse and meet the established conditions of the race in order to be eligible to race in any futurity or stakes races, which are supplemented with state funds.
History
- History: 2004 AACS.
Mich. Admin. Code R 285.814.2 Kinds of futurity races {#sec-r-285.814.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.814.2}
Rule 2. (1) The Michigan futurity race, the Fedele Fauri futurity race, the Michigan sire stakes, the Spartan futurity, the wolverine futurity, and the Michigan breeders futurity shall be comprised of all of the following individual races:
(a) Two-year-old pacing colts and geldings.
(b) Two-year-old pacing fillies.
(c) Two-year-old trotting colts and geldings.
(d) Two-year-old trotting fillies.
(e) Three-year-old pacing colts and geldings.
(f) Three-year-old pacing fillies.
(g) Three-year-old trotting colts and geldings.
(h) Three-year-old trotting fillies.
(2) Monies provided by the director for the special purses for the races listed in subrule (1) of this rule shall be divided equally among the races.
(3) The Charles Coon memorial futurity shall be comprised of both the following individual races:
(a) Four-year old trotting horses, geldings and mares.
(b) Four-year old pacing horses, geldings and mares.
History
- History: 1979 AC; 1981 AACS; 1989 AACS; 2002 AACS; 2004 AACS.
Mich. Admin. Code R 285.814.3 Host race sites; designation {#sec-r-285.814.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.814.3}
Rule 3. (1) The director shall designate annually which pari-mutuel track or tracks shall host the Michigan sire stake races. To assist the director in designating the track and to help determine the time and conditions of the races to be run, an advisory panel is established and shall consist of the following 6 persons:
(a) The president, or his or her designee, of the Michigan harness horsemen's association.
(b) The president, or his or her designee, of the Michigan standardbred horse breeders' association.
(c) The Michigan racing commissioner, or his or her designee.
(d) The association of northern fairs and racing president or his or her designee.
(e) A representative of the pari-mutuel harness race meet licensees.
(f) A member of the department who is designated by the director shall act as chairman of the panel.
(2) The director shall make announcements of the track or tracks receiving the races not later than November 1 preceding the year in which the races are to be conducted.
(3) The director shall designate the fairs to host the Michigan futurity races and Fedele Fauri futurity races. The Michigan futurity race shall be awarded to a fair located in the Lower Peninsula of Michigan. The Fedele Fauri futurity race shall be awarded to a fair located in the Upper Peninsula of Michigan if a fair from the Upper Peninsula applies for the race.
(4) The director shall not award at the same fair more than 1 futurity race.
(5) If, because of unfavorable weather or other unavoidable reasons, a futurity race is postponed, it may be rescheduled by the director. The director may reschedule the race at another fair if the fair originally designated to host the futurity is unable to hold the race.
History
- History: 1979 AC; 1981 AACS; 1989 AACS; 1995 AACS; 2002 AACS; 2004 AACS.
Mich. Admin. Code R 285.814.4 Purse distributions {#sec-r-285.814.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.814.4}
Rule 4. (1) Michigan futurity races shall be conducted in 1 heat unless elimination races are required.
(2) Each purse in Michigan futurity races that have 5 or more starters shall be divided as follows: 50%-25%-12%-8%-5%. If there are fewer than 5 starters, then all uncontested money shall be paid to the winner. If there is a premium or premiums for which a horse started but was unable to finish due to an accident, then all unoffending horses that did not finish shall share equally in the premiums. If there are fewer unoffending horses failing to finish than there are premiums for which horses have started but have not finished, then the number of premiums in excess of the number of unoffending horses not finishing shall go to the winner.
History
- History: 1979 AC; 1981 AACS; 1989 AACS; 2002 AACS; 2004 AACS.
Mich. Admin. Code R 285.814.5 Elimination heats {#sec-r-285.814.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.814.5}
Rule 5. Elimination heats shall be raced pursuant to USTA rules, unless published in the conditions of the race and approved by the director.
History
- History: 1979 AC; 1981 AACS; 2002 AACS.
Mich. Admin. Code R 285.814.6 Starting rules {#sec-r-285.814.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.814.6}
Rule 6. The starting rules shall be the U.S.T.A. starting rules.
History
- History: 1979 AC; 1981 AACS.
Mich. Admin. Code R 285.814.7 Final reports; additional information; records of payment; retention {#sec-r-285.814.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.814.7}
Rule 7. (1) Within 15 days after completion of Michigan futurity races or September 30, whichever is sooner, a fair association shall submit to the director originals of the judges' sheets signed by the presiding judge, a sworn statement on forms provided by the director, and a copy of the printed race program indicating the order of finish of the horses.
(2) The fair association shall supply the director with any additional information required in auditing the report.
(3) Fair association records pertaining to the payment of purses shall be kept for the state auditors for not less than 4 years.
History
- History: 1979 AC; 1981 AACS; 1989 AACS; 2002 AACS.
Mich. Admin. Code R 285.814.8 Registration {#sec-r-285.814.8 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.814.8}
Rule 8. (1) The owner or lessee shall register a standardbred stallion, on forms provided by the fairs and racing division, by January 1 each year in which the stallion will be standing at service in this state.
(2) The owner or lessee of a newly acquired stallion, which has not been in Michigan for breeding purposes before January 1 of a given year and which has not serviced a mare after December 31 of the preceding year, shall register the newly acquired stallion, on forms provided by the fairs and racing division, before the stallion services a mare. If the stallion is leased, a copy of the lease agreement shall accompany the fairs and racing division application for registration.
History
- History: 1981 AACS.
Mich. Admin. Code R 285.814.9 Rescission {#sec-r-285.814.9 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.814.9}
Rule 9. Regulation No. 803 governing "Special Purses on Michigan Sired Colts," being R 285.803 of the Michigan Administrative Code and appearing on pages 370 to 373 of the 1957 Annual Supplement to the Code, is rescinded.
History
- History:1979 AC.
Mich. Admin. Code R 285.814.10 Fees and nominations {#sec-r-285.814.10 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.814.10}
Rule 10. (1) The Michigan harness horsemen's association is designated and shall serve as the department's agent for purposes of administering approved procedures governing nominations and sustaining functions for all stakes and futurities and may be designated the collecting and holding agent for all fees by the sponsors of the stakes and futurities.
While acting as the department's agent under this rule, the Michigan harness horsemen's association shall not require that persons be members of the Michigan harness horsemen's association as a condition of nominating and participating in stake and futurity races designated by the director to be eligible to receive state purse supplements. The Michigan harness horsemen's association may charge a reasonable service fee to nonmembers to perform this function. If the Michigan harness horsemen's association is unable or unwilling to serve as the department's agent under this rule, then the director may designate and appoint another agent of his or her choice. Final decisions on application of procedures shall be made by the director.
(2) The advisory board consisting of representatives from northern fairs and racing association, Michigan harness horseman association, Michigan standardbred breeders association, the office of the racing commissioner and chaired by the director or his or her designee shall recommend fees and nominations and transport fees. The board's recommendation shall be submitted to the commission for review and approval.
History
- History: 2002 AACS; 2004 AACS.
R 285.815.1 to R 285.815.16 Regulation No. 815. State Aid for Registered Light Horse Races at Fairs
Mich. Admin. Code R 285.815.1 Definitions {#sec-r-285.815.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.815.1}
DEPARTMENT OF AGRICULTURE
FINANCE AND TECHNOLOGY DIVISION
REGULATION NO. 815. STATE AID FOR REGISTERED LIGHT HORSE
RACES AT FAIRS
(By authority conferred on the director of agriculture by section 13 of Act No. 27 of the Public Acts of 1959, as amended, being S431.43 of the Michigan Compiled Laws)
Rule 1. As used in these rules:
(a) "Department" means the Michigan department of agriculture.
(b) "Director" means the director of the department.
(c) "Domicile" means the fixed, permanent, and principal home to which a person intends to return.
(d) "Fair" means a county, district, community, or 4-H fair; the Upper Peninsula state fair; and any other state fair in Michigan which has been approved by the director to conduct light horse races during the fair.
(e) "Jockey" means the race rider.
(f) "Purse offered" means the purse requested by the fair association at the time of application to the department for purse funds.
(g) "Race" means a race started in a field of horses from a starting gate.
(h) "Registered light horse" means any of the following recognized light horse or pony breeds:
(i) Appaloosa.
(ii) Arabian.
(iii) Half-Arabian.
(iv) Morgan.
(v) Paint.
(vi) Palomino.
(vii) Pinto.
(viii) Quarter horse.
(ix) Thoroughbred.
(x) Ponies of the Americas.
(xi) Shetland.
(xii) Hackney.
(i) "State allocation" means money allocated by the director from state funds for a race conducted by a fair.
History
- History: 1979 AC; 1981 AACS.
Mich. Admin. Code R 285.815.1a Determination of domicile {#sec-r-285.815.1a omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.815.1a}
Rule 1a. Factors to be considered in determining domicile are as follows:
(a) Voting registration or alien registration showing a Michigan address.
(b) Federal income tax return showing a Michigan address.
(c) State income tax return showing a Michigan address.
History
- History: 1979 AC; 1981 AACS.
Mich. Admin. Code R 285.815.2 Applications for state aid {#sec-r-285.815.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.815.2}
Rule 2. (1) A fair desiring state aid for light horse races shall file its annual registered light horse racing program with the fairs and racing division of the department by February 1 of each year for approval by the director.
(2) The light horse racing association desiring state aid at fairs shall file their current rules of racing with the fairs and racing division by February 1 of each year for approval by the director. These rules shall be signed by the president and secretary of each breed association racing under these rules.
(3) Any change relating to the conditions of a race shall be approved by the department before the race.
History
- History: 1979 AC; 1981 AACS.
Mich. Admin. Code R 285.815.3 Presiding judges {#sec-r-285.815.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.815.3}
Rule 3. (1) The department shall hire, with the approval of the racing commissioner, the presiding judges for registered light horse races conducted at a fair. Only judges approved by the director and the racing commissioner shall preside at registered light horse races at a fair.
(2) Before March 1 of each racing year, a registered light horse association shall provide the director with a list of qualified judges for their breed.
(3) The director shall assign the presiding judges to the fairs which conduct registered light horse racing.
(4) The presiding judge shall approve associate judges and timers at each fair race meet and shall rule on the validity of horses scratched at the fair to which he or she is assigned.
(5) The presiding judge shall assure that all department rules and breed association rules pertaining to registered light horse racing are properly carried out at the race meet where he or she is assigned.
History
- History:1979 AC; 1981 AACS.
Mich. Admin. Code R 285.815.4 Track maintenance; track equipment; head and saddle pad numbers {#sec-r-285.815.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.815.4}
Rule 4. (1) A race track over which registered light horse races are conducted shall be maintained so as to make registered light horse racing safe. The track shall be adequately drained, shall be kept in a smooth condition during the races, and shall be sprinkled between races when necessary. The track condition shall be approved by the presiding judge or, in his or her absence, by a representative of the director before any races are conducted over it if purses are paid in part by funds allocated under these rules.
(2) A multiple stall starting gate (8 or 10 stall) and starter approved by the director shall be used in a registered light horse race.
(3) A fair shall use a photographer and photo finish equipment approved by the director for a registered light horse race.
(4) A registered light horse race entry shall be provided with a saddle pad and either a head number or armband or both.
History
- History: 1979 AC; 1981 AACS.
Mich. Admin. Code R 285.815.5 Allocations of state aid; "certificate of eligibility" defined {#sec-r-285.815.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.815.5}
Rule 5. (1) Allocations to a fair for purses for registered light horse races shall be made by the director as prescribed by law. The department shall pay a sum of not more than 75% of the purse offered, but not more than $450.00 for each race.
(2) A horse with a Michigan-bred certificate of foal eligibility shall receive first priority to enter light horse races paid in part or full by state funds, if the Michigan-bred horse conforms to all conditions written for the race. A "certificate of eligibility," as used in this subrule, means a document which certifies that a thoroughbred horse meets the eligibility requirements of R 285.810, that a quarter horse meets the eligibility requirements of R 285.817, or that an Appaloosa meets the eligibility requirements of R 285.819. All other registered light horses listed in R 285.815.1(h) as owned or leased by a person who is domiciled in Michigan shall also receive first priority to enter a light horse race paid in part or full by state funds, if the horse conforms to all conditions written for the race.
History
- History: 1979 AC; 1981 AACS.
Mich. Admin. Code R 285.815.6 Purse distribution {#sec-r-285.815.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.815.6}
Rule 6. A purse for a registered light horse race at a fair, which is paid in part or full by state funds, shall be divided as follows: 1st Place 2nd Place 3rd Place 4th Place 5th Place (a) Five or more starters 45% 25% 15% 10% 5% (b) Four starters 50% 25% 15% 10%
History
- History: 1979 AC; 1981 AACS.
Mich. Admin. Code R 285.815.7 Split races {#sec-r-285.815.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.815.7}
Rule 7. A fair conducting a split race shall not receive an additional state allocation to that race.
History
- History: 1979 AC.
Mich. Admin. Code R 285.815.8 Entries {#sec-r-285.815.8 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.815.8}
Rule 8. (1) Entries shall be made in the following manner:
(a) Entries shall be accepted within 2 weeks before race day.
(b) Post positions shall be drawn 1 week before race day.
(c) An entry made after post positions are drawn shall assume the post position of the entry that was withdrawn.
(d) An entry not drawn into the race because of more horses entered than the stalls in the starting gate shall receive a "preference" as defined in the current registered light horse racing rules on file with the fairs and racing division.
(2) If 5 horses are not entered for a scheduled race at closing time 1 week before the race, a substitute race may be scheduled.
(3) Four or more registered light horses are required to start a race, except for stake races.
History
- History: 1979 AC; 1981 AACS.
Mich. Admin. Code R 285.815.9 Racing rules for specific breeds {#sec-r-285.815.9 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.815.9}
Rule 9. A registered light horse breed association shall file with the director the current rules of racing for its programs for registered horses, and shall conduct any registered light horse races receiving any state funds under these rules, except where state law or rule provides otherwise.
History
- History: 1979 AC.
Mich. Admin. Code R 285.815.10 Jockeys' use of alcoholic beverages {#sec-r-285.815.10 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.815.10}
Rule 10. A jockey shall not ride in a registered light horse race at a fair, whose purse is paid in part or full by state funds, while under the influence of alcohol. A jockey shall submit to a breath analyzer test when directed by a representative of the director, and if the results show a reading of more than 0.05% of alcohol in the blood, the person shall not be permitted to ride and shall be in violation of these rules.
History
- History: 1979 AC.
Mich. Admin. Code R 285.815.11 Illegal use of drugs {#sec-r-285.815.11 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.815.11}
Rule 11. It is illegal to administer, internally or externally, a drug of a nature that could affect or alter the performance of a horse in a registered light horse race where state funds are used for any portion of purses offered.
History
- History: 1979 AC; 1981 AACS.
Mich. Admin. Code R 285.815.12 Definition of drugs {#sec-r-285.815.12 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.815.12}
Rule 12. As used in these rules, "drug" means:
(a) Any article recognized or for which the standards or specifications are prescribed in the official compendium consisting of the United States pharmacopeia, homeopathic pharmacopeia of the United States or national formulary and supplements in effect on the effective date of these rules.
(b) Any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals.
(c) Any article, other than food, intended to affect the structure of any function of the body of man or other animals.
(d) Any article intended for use as a component of any article specified in subdivisions (a), (b) or (c), but does not include devices or their components, parts, or accessories.
History
- History: 1979 AC.
Mich. Admin. Code R 285.815.13 Collection of samples {#sec-r-285.815.13 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.815.13}
Rule 13. Saliva and urine samples may be obtained by the director from any horse entered in a registered light horse race. The director or his representative may request the fair association to furnish necessary help to obtain saliva and urine samples. The department will pay the help at pre-established rates. Failure to provide sufficient help when requested shall result in forfeiture of all rights to state aid to the fair for these contests. The owner, trainer, groom, or other responsible representative of the owner shall be present when a saliva or urine specimen is taken from the animal, and shall remain until the sample is sealed in his presence. The official sample tag attached to the specimen shall be signed by the owner, trainer, groom, or other representative, as witness of the taking of the specimen.
Refusal or failure to sign the sample tag will in no way affect the validity of the specimen.
Willful failure to be present at or refusal to allow the taking of a specimen, or any act or threat to impede or prevent or otherwise interfere therewith, is a violation of these rules.
The saliva and urine samples shall be analyzed in the laboratories of the department. The presence of a drug in the chemical analysis of saliva or urine samples shall be prima facie evidence that the drug has been administered to the animal.
History
- History: 1979 AC.
Mich. Admin. Code R 285.815.14 Devices {#sec-r-285.815.14 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.815.14}
Rule 14. An electrical, mechanical, or other device shall not be used for the purpose of stimulating or depressing an animal or affecting his speed or ability in a race. A person shall not have such a device in his possession where state funds are used for any portion of the purses offered. However, an ordinary whip may be used in a registered light horse race.
History
- History: 1979 AC.
Mich. Admin. Code R 285.815.15 Hearings {#sec-r-285.815.15 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.815.15}
Rule 15. If a provision of these rules or any other rule or state law applicable to a registered light horse race program is violated, the director shall notify the horse's owner of the violation and shall hold a hearing thereon within 30 days after the date the violation occurred. The owner or his or her representative may appear and be heard. From testimony taken, the director shall render a decision on the eligibility of the owner, his or her representative, the animal, or any of them, pertaining to the race in which the provision was violated, to participate in state funds paid at any future registered light horse race at a fair. A suspension from a pari-mutuel track shall be honored at a fair.
History
- History: 1979 AC; 1981 AACS.
Mich. Admin. Code R 285.815.16 Final reports; preservation of records {#sec-r-285.815.16 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.815.16}
Rule 16. (1) Within 15 days after completion of a registered light horse race program, an association shall submit to the director originals of judges' sheets signed by the presiding judge, a sworn statement on forms provided by the director, and a copy of the printed race program indicating the order of finish of the horses.
(2) The association shall supply the director with any additional information required in the auditing of the report.
(3) Association records pertaining to the payment of purses shall be kept for use by the state auditors for not less than 4 years.
History
- History: 1979 AC; 1981 AACS.
R 285.816.1 to R 285.816.8 Regulation No. 816. Stabling and Training Facilities for Standardbred Harness Horses
Mich. Admin. Code R 285.816.1 Definitions {#sec-r-285.816.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.816.1}
DEPARTMENT OF AGRICULTURE
FAIRS, EXHIBITIONS AND RACING DIVISION
REGULATION NO. 816. STABLING AND TRAINING FACILITIES FOR
STANDARDBRED HARNESS HORSES
(By authority conferred on the department of agriculture pursuant to section 7 of 1995 PA 279 and sections 9 and 184 of 1965 PA 380, MCL 431.307, 16.109, and 16.284.)
Rule 1. As used in these rules:
(a) "Association" means a corporation organized under a law of this state and governed by an elected board of directors, or an association under 1855 PA 80, MCL 453.231, or board functioning under 1929 PA 11, MCL 46.151, and which conducts a fair.
(b) "Buildings" means the buildings which are primarily used for the stabling of horses or other livestock and which are under the management of the fair association or county government.
(c) "Commission" means the commission of agriculture.
(d) "Department" means the department of agriculture.
(e) "Director" means the director of agriculture or his or her designee.
(f) "Grounds" means the land which is primarily used for fair purposes and which is under the management of the fair association or county government.
(g) "Racetrack" means a track used primarily for standardbred harness horse races.
History
- History: 1979 AC; 2008 AACS.
Mich. Admin. Code R 285.816.2 Allotments; qualifications {#sec-r-285.816.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.816.2}
Rule 2. (1) An association receiving an allotment shall not require persons using the fair facilities to be members of an association or organization.
(2) An association shall conduct a fair for a period of not less than 3 years before consideration for financial assistance.
History
- History: 1979 AC; 2008 AACS.
Mich. Admin. Code R 285.816.3 Allotments; application and approval {#sec-r-285.816.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.816.3}
Rule 3. (1) The president and secretary of an association requesting funds shall file a properly completed application, on forms provided by the department, with the director for consideration on or before May 1 preceding the state's fiscal year for which an allotment is being requested, or 60 days prior to making the association's facilities available for training and stabling.
(2) The department shall give written notice of approval or disapproval of an application within 30 days after receiving the application.
History
- History: 1979 AC; 2008 AACS.
Mich. Admin. Code R 285.816.4 Stabling facilities {#sec-r-285.816.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.816.4}
Rule 4. (1) Michigan residents shall be given preference over persons from outside Michigan for stabling facilities.
(2) Stalls shall not be less than 80 square feet per horse.
(3) Water shall be provided to each building used in this program.
(4) Electrical systems in buildings shall conform to the state electrical code.
(5) Conveniently located restrooms shall be provided on the grounds for persons renting stabling facilities, and the restrooms shall conform to applicable local codes.
(6) All manure shall be removed from the grounds in compliance with local health codes.
History
- History: 1979 AC; 2008 AACS.
Mich. Admin. Code R 285.816.5 Training facilities {#sec-r-285.816.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.816.5}
Rule 5. (1) A racetrack on which standardbred harness horses train shall be free of stones, rocks, and any other foreign objects. It shall be adequately drained from weather conditions and graded to be smooth, well groomed, and compatible for training horses, or an auxiliary track shall be made available.
(2) An association shall have clearly visible indicators of the starting point, quarter miles, and finish.
History
- History: 1979 AC; 2008 AACS.
Mich. Admin. Code R 285.816.6 Final approval {#sec-r-285.816.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.816.6}
Rule 6. After an application has been submitted, the department shall conduct an inspection of the total facility in order to determine that the facility meets the standards described in R 285.816.4 and R 285.816.5.
History
- History: 1979 AC.
Mich. Admin. Code R 285.816.7 Allotments; uses {#sec-r-285.816.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.816.7}
Rule 7. (1) An association whose application is approved shall be funded based on the number of horses that stable at the facility from October 1 to September 30 each year. The following shall be allotted:
(a) over 200 horses $4,000.00 per year (b) 176 to 200 horses $3,500.00 per year (c) 151 to 175 horses $3,000.00 per year (d) 126 to 150 horses $2,500.00 per year (e) 101 to 125 horses $2,000.00 per year (f) 76 to 100 horses $1,500.00 per year (g) 26 to 75 horses $1,000.00 per year (h) 0 to 25 horses any remaining allotment distributed on a prorated basis. A horse that stables and trains for any part of the month is considered 1 horse for that month.
(2) The association shall submit to the department a sworn statement of the total number of stalls rented for the period of October 1 to September 30 of the prior year.
(3) The fair association shall provide any additional information requested by the director necessary in processing the association's claim.
(4) A fair shall keep its facilities available and racetracks in training condition as specified in the application.
(5) A person stabling and training at an approved racetrack, shall pay the rental charges for those services at the time and place specified by the association, or may be subject to immediate eviction from the grounds.
(6) Failure by an individual to pay rental charges for stabling and training as specified by the association whose facility he or she is using will result in winnings and breeders awards being withheld until payment is made in full to the association. The association shall report to the department of agriculture by June 1 any outstanding rental amounts 90 days or more past due. The department shall notify the racing fairs and presiding judges to withhold purse payments from that individual and the department shall withhold breeders payments until rental payments are paid in full.
(7) The association shall keep records pertaining to the rental of its facilities available for state auditors for not less than 4 years.
History
- History: 979 AC; 2008 AACS.
Mich. Admin. Code R 285.816.8 Complaints; appeal {#sec-r-285.816.8 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.816.8}
Rule 8. (1) Within 24 hours of being in attendance at a track, an individual may file a complaint in writing with the association if he or she believes the track is not maintained in a safe condition, as required by R 285.816.5.The association shall investigate complaints within 48 hours of receipt of the complaint and issue a report of findings to the individual filing the complaint not later than 24 hours after the investigation is completed. The report of findings shall include notification to the individual filing the compliant that he or she can appeal to the department within 10 business days of filing the initial complaint if the individual is not satisfied with the association's report of findings.
(2) The department shall have 7 days after receipt of any appropriately filed appeal to investigate the complaint, and the department shall issue a finding of fact and notice of action and any recommended actions for the association.
(3) Any party aggrieved by an action taken by the department under subrule (2) of this rule may appeal pursuant to 1969 PA 306, MCL 24.201. An administrative law judge shall issue a proposal for decision under section 81 of 1969 PA 306, MCL 24.281, and the department shall issue a final order.
History
- History: 2008 AACS.
R 285.817.1 to R 285.817.7 Regulation No. 817. Quarter Horse Breeders' Awards and State Supplements
Mich. Admin. Code R 285.817.1 Definitions {#sec-r-285.817.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.817.1}
DEPARTMENT OF AGRICULTURE
FAIRS, EXHIBITONS AND RACING DIVISION
REGULATION NO. 817. QUARTER HORSE BREEDERS' AWARDS AND
STATE SUPPLEMENTS
(By authority conferred on the director of the department of agriculture by sections 9 and 178 of 1965 P.A. 279, MCL 16.109 and 16.278 and section 13 of 1995 P.A. 327, MCL 431.73)
Rule 1. As used in these rules:
(a) "Breeder" means an individual, partnership, association, or corporation who is domiciled in the state of Michigan and who owns the mare at the time of breeding. The lawful lessee of a mare at the time of breeding is deemed the owner of the mare.
(b) "Conditions" means a specification of the terms under which a race is conducted such as the distance, weight, purse, stakes, trials, finals, and money won.
(c) "Department" means the Michigan department of agriculture.
(d) "Director" means the director of the department or his or her designee.
(e) "Domicile" means the fixed, permanent and principal home to which a breeder intends to return.
(f) "Fairs exhibitions and racing division" means the fairs, exhibitions and racing division of the department.
(g) "First-time owner or breeder" is an individual, partnership, association, or corporation that has never registered as an owner or a breeder with the department. Any partnership, association, or corporation of which any part of the ownership has registered as an owner or a breeder with the department is not eligible as a first-time breeder.
(h) "Foaling year" means the calendar year in which the foal is born.
(i) "Gross purse" means the total value of the track purse.
(j) "Licensed quarter horse racing association" means associations licensed by the Michigan racing commissioner to conduct quarter horse races in Michigan.
(k) "Michigan-bred quarter horse" means a horse which is from a mare owned exclusively by an individual, partnership, association, or corporation who is domiciled in Michigan at the time of breeding and:
(i) the horse has an American quarter horse association, incorporated, certificate of foal stating "foaled in Michigan" USA;
(ii)the mare is registered with the director by February 15 of the foaling year;
(iii)the mare is in Michigan on or before February 15 of the foaling year, and (iv)the mare remains in this state until foaling and for not less than seven consecutive months of the foaling year.
(l) "Owner" means the individual, partnership, association, or corporation listed on the American quarter horse association registry as the most current owner or lawful lessee of the horse.
(m) "Quarter horse racing association of Michigan" means a nonprofit corporation, or a subcommittee thereof or an affiliation committee or sub-committee thereof, consisting of those persons organized for the purpose of improving quarter horse racing and breeding.
(n) "State supplement" means money allocated by the director from state funding for a race conducted exclusively for Michigan-bred horses.
(o) "Track purse" means the money offered by a licensed quarter horse racing association for 1 race, not including a state supplement.
History
- History: 1979 AC; 1982 AACS; 2004 AACS.
Mich. Admin. Code R 285.8171a Determination of domicile {#sec-r-285.8171a omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.8171a}
Rule 1a. Factors to be considered in determining domicile are as follows:
(a) Voting registration or alien registration showing a Michigan address.
(b) Federal income tax return showing a Michigan address.
(c) State income tax return showing a Michigan address.
History
- History: 1982 AACS; 2004 AACS.
Mich. Admin. Code R 285.817.2 Eligibility of horses for breeders' awards, owners' awards, and state supplements {#sec-r-285.817.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.817.2}
Rule 2. (1) To be eligible for breeders' awards owners' awards, and state supplements:
(a) the horse must be a certified Michigan-bred American quarter horse;
(b) the mare and stallion shall be registered, with the department on forms provided by the director, once per ownership, when the ownership is transferred with the American quarter horse association;
(c) A certificate of eligibility shall be issued by the director for a Michigan-bred horse after proper registration of the mare and stallion and after the department receives a completed foal application. This certificate shall accompany the American quarter horse association registration certificate at the time of entry in a race.
(2) If a breeder has complied with all other rules, then the director may waive the date requirements of subrule 1 (b) of this rule for the first time a breeder registers with the department.
History
- History: 1979 AC; 1982 AACS; 1991 AACS; 2004 AACS.
Mich. Admin. Code R 285.817.3 Eligibility of races for state supplements {#sec-r-285.817.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.817.3}
Rule 3. (1) State supplements shall be allocated for the following races:
(a) Michigan-bred quarter horse overnight races.
(b) The Michigan futurities.
(c) Michigan-bred 2-year-old championships, handicaps, and stakes.
(d) Michigan-bred 3-year-old handicaps and stakes.
(e) Michigan-bred 4-year-old and older handicaps and stakes.
(2) State supplements shall be paid first for races specified under subdivisions (b) to (e) of this rule. If funds are not available to provide state supplements for all races approved by the director under subrule (1) of this rule, then the director shall prorate available money at his or her discretion among the races so run, based on the number of horse entries, conditions, and value of the total purse.
(3) Not less than 2 races of Michigan-bred horses shall be scheduled on each full quarter horse program, with at least 1 race of Michigan-bred horses on any split program.
(4) An association licensed to conduct quarter horse racing in Michigan shall not offer a smaller track purse, excluding the state supplement, for a race of Michigan-bred horses, than it offers for a race of non-Michigan-bred horses which, in the judgment of the director, is a comparable race.
(5) If the programmed race of Michigan-bred horses does not draw sufficient entries to run, the licensed quarter horse racing association may substitute a race approved by the director.
History
- History: 1979 AC; 2004 AACS.
Mich. Admin. Code R 285.817.4 Conditions and purses for races; allocation of state supplements {#sec-r-285.817.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.817.4}
Rule 4. (1) The racing association of the track where races of Michigan-bred horses are to be conducted shall propose conditions and purses for the races of Michigan-bred horses.
The conditions of all races of Michigan-bred horses are subject to the approval of the director. These conditions shall be submitted to the director not less than 18 calendar days before the first race is conducted for each race program.
(2) The allocation of state supplements shall be determined by the director or his or her designee with the advice of the racing commissioner, a representative of the licensed quarter horse racing associations, and a representative of the quarter horse racing association of Michigan.
(3) The director shall announce, no later than 14 calendar days before the start of the race meet, allocation of state supplements to purses for each of the approved races of Michiganbred horses in the race program. If proposed conditions for those races are not submitted to the director, along with a substitute race list, within the time fixed by subrule (1), the director may determine conditions and allocate state supplements for those races at his or her discretion, but state supplements shall not be allocated later than 96 hours before the first race scheduled in each condition book. A state supplement shall not be allocated to a race of Michigan-bred horses after the race has been run.
History
- History: 1979 AC; 2004 AACS.
Mich. Admin. Code R 285.817.5 Breeders' Awards {#sec-r-285.817.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.817.5}
Rule 5. (1) The director or his or her designee shall pay a breeders' award, to the breeder of a Michigan-bred horse for each time the horse runs first, second, or third in a race, including approved fair races. The combined total award of the gross purse shall not exceed the percentage allowed under the racing law. If more than 1 winner, place, or show is declared, each breeder is entitled to a breeders' award.
(2) If 3 breeders are eligible for a breeders' award, breeder awards may be paid as outlined under the racing law.
(3) Rights to breeders' awards are not assignable or inheritable. The director is under no obligation to pay a breeders' award in excess of available funds or other than as provided in these rules. In the case of a death of a breeder, breeders' awards shall only be paid for a race won prior to the date of death recorded on the breeders' certified death certificate. Such certificate shall be submitted to the department when requesting payment of breeders' awards after the death of a breeder.
(4) If monies are not available for full payment of breeders' awards breeders' awards may be prorated.
History
- History: 1979 AC; 1982 AACS; 2004 AACS.
Mich. Admin. Code R 285.817.5a Owners' Awards {#sec-r-285.817.5a omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.817.5a}
Rule 5a. (1) An award of up to 30% of the earned track purse shall be paid to the purse account of the owner of a Michigan-bred horse that finishes first, second, or third in an eligible race that was not restricted to Michigan-bred or sired horses at a statelicensed pari-mutuel track in Michigan.
(2) The director, with advice from the certified quarter horse association, the quarter horse racing association of Michigan, and the quarter horse breeders' and owners' association, shall determine the allocation of owners' award percentages.
(3) A single owners' award is limited to not more than $10,000.
History
- History: 2004 AACS.
Mich. Admin. Code R 285.817.6 Certification of racing results; burden of proof; processing of payment {#sec-r-285.817.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.817.6}
Rule 6. (1) In each condition book, the racing commissioner shall certify to the director at the completion of racing, the results of all races in which a Michigan-bred horse placed first, second, or third along with the names of the owner and breeder of the horse.
(2) The secretary of a fair shall provide the director with a copy of each day's race program for the fair's races within 15 days, showing the first 4 places or a complete filmstrip of each race, with placings checked on the program and certified by the race secretary.
(3) When the eligibility of a breeder to receive a breeders' award is questioned, the burden of proving that a horse is a Michigan-bred horse, or is in compliance with these rules, is on the breeder.
(4) When the eligibility of an owner to receive an owners' award is questioned, the burden of proving that a horse is a Michigan-bred horse, or is in compliance with these rules, is on the owner.
(5) When the eligibility of an owner to receive a state supplement is questioned, the burden of proving that a horse is a Michigan-bred horse, or is in compliance with these rules, is on the owner.
(6) Payment of breeders' awards shall be processed once each month.
(7) Payment of owners' awards shall be processed not less than once each month.
(8) Payment of state supplements shall be processed not less than once each month.
History
- History: 1979 AC; 2004 AACS.
Mich. Admin. Code R 285.817.7 Ineligibility for future breeders' awards owners' awards, and state supplements {#sec-r-285.817.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.817.7}
Rule 7. A person or entity willfully accepting and retaining a breeders' award, owners' award, or state supplement contrary to these rules is ineligible for a future breeders' award, owners' award, or state supplement in this state.
History
- History: 1979 AC; 2004 AACS.
R 285.819.1 to R 285.819.7 Regulation No. 819. Appaloosa Horse Breeders' Awards and State Supplements
Mich. Admin. Code R 285.819.1 Definitions {#sec-r-285.819.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.819.1}
DEPARTMENT OF AGRICULTURE
FINANCE AND TECHNOLOGY DIVISION
REGULATION NO.819. APPALOOSA HORSE BREEDERS' AWARDS AND
STATE SUPPLEMENTS
(By authority conferred on the director of the department of agriculture by section 13 of Act No. 327 of the Public Acts of 1980, being S431.73 of the Michigan Compiled Laws)
Rule 1. As used in these rules:
(a) "Breeder" means a person who is domiciled in the state of Michigan and who owns a mare at the time of breeding. The lawful lessee of a mare at the time of breeding is deemed the owner of the mare.
(b) "Conditions" means a specification of the terms under which a race is conducted, such as the distance, weight, purse, stakes, trials, finals, and money won.
(c) "Department" means the Michigan department of agriculture.
(d) "Director" means the director of the department.
(e) "Domicile" means the fixed, permanent, and principal home to which a person intends to return.
(f) "Fairs and racing division" means the fairs and racing division of the department.
(g) "Foaling year" means the calendar year in which the foal is born.
(h) "Gross purse" means the track purse plus the state supplement.
(i) "Licensed appaloosa horse racing association" means an association licensed by the Michigan racing commissioner to conduct appaloosa horse races in Michigan.
(j) "Michigan appaloosa racing association" means a nonprofit corporation consisting of those persons organized for the purpose of improving appaloosa horse racing and breeding.
(k) "Michigan-bred appaloosa horse" means a horse which is from a mare owned by a person who is domiciled in Michigan at the time of breeding and which is sired by a registered stallion owned or leased exclusively by a person who is domiciled in Michigan, which stallion did not serve a mare at a location outside of Michigan during the calendar year in which the service occurred. Each mare and stallion shall be registered with the director of the department of agriculture.
(l) "Owner" means the person listed on the appaloosa horse club registry as the most current owner of the horse.
(m) "State supplement" means money allocated by the director from the state fund for a race conducted exclusively for Michigan-bred horses.
(n) "Track purse" means the money offered by a licensed appaloosa horse racing association for 1 race, not including a state supplement.
History
- History: 1979 AC; 1982 AACS.
Mich. Admin. Code R 285.819.1a Determination of domicile {#sec-r-285.819.1a omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.819.1a}
Rule 1a. Factors to be considered in determining domicile are as follows:
(a) Voting registration or alien registration showing a Michigan address.
(b) Federal income tax return showing a Michigan address.
(c) State income tax return showing a Michigan address.
History
- History: 1982 AACS.
Mich. Admin. Code R 285.819.2 Eligibility of horses for breeders' awards and state supplements {#sec-r-285.819.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.819.2}
Rule 2. (1) Eligibility of horses for breeders' awards and state supplements is established upon compliance with the following:
(a) Commencing in 1982, a mare shall be registered with the fairs and racing division by December 1 in the year in which the mare is bred, on forms provided by the director.
Commencing in 1983 and thereafter, a mare previously registered with the fairs and racing division shall be registered only once per ownership, whenever the ownership is transferred with the appaloosa horse club.
(b) Commencing in 1982, a stallion shall be registered with the director on forms provided by the fairs and racing division by December 1 of each breeding year.
(c) A certificate of eligibility shall be issued by the director for a Michigan-bred horse.
This certificate shall accompany the appaloosa horse club registration certificate at the time of entry in a race.
(2) The appaloosa horse club shall be considered the official record in determining the eligibility of a Michigan-bred horse foaled before 1979.
History
- History: 1979 AC; 1982 AACS.
Mich. Admin. Code R 285.819.3 Eligibility of races for state supplements {#sec-r-285.819.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.819.3}
Rule 3. (1) State supplements shall be allocated for the following races:
(a) Michigan-bred Appaloosa horse overnight races.
(b) The Michigan futurities.
(c) Michigan-bred 2-year-old handicaps and stakes.
(d) Michigan-bred 3-year-old handicaps and stakes.
(e) Michigan-bred 4-year-old and older handicaps and stakes.
(2) State supplements shall be paid first for races specified under subdivisions (b) to (e) of subrule (1). If funds are not available to provide state supplements for all races approved by the director under subdivision (a) of subrule (1), then the director shall prorate available money at his discretion among the races so run.
(3) Not less than 2 races of Michigan-bred horses shall be scheduled on each full Appaloosa horse program, with not less than 1 race scheduled for Michigan-bred horses on any split program.
(4) An association licensed to conduct Appaloosa horse racing in Michigan shall not offer a smaller track purse, excluding the state supplement, for a race of Michigan-bred horses than it offers for a race of non-Michigan-bred horses which, in the judgment of the director, is a comparable race.
(5) If the programmed race of Michigan-bred horses does not draw sufficient entries to run, the licensed Appaloosa horse racing association may substitute a race approved by the director.
History
- History: 1979 AC.
Mich. Admin. Code R 285.819.4 Conditions and purses for races; allocation of state supplements {#sec-r-285.819.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.819.4}
Rule 4. (1) The racing association of the track where races of Michigan-bred horses are to be conducted shall propose conditions and purses for the races of Michigan-bred horses.
The conditions of all races of Michigan-bred horses are subject to the approval of the director. These conditions shall be submitted to the director not less than 18 calendar days before the first race is conducted for each race program.
(2) The allocation of state supplements shall be determined by the director with the advice of the racing commissioner, a representative of the licensed Appaloosa horse racing associations, and a representative of the Michigan Appaloosa racing association, inc.
(3) The director shall announce, not later than 4 calendar days before the start of the race program, his allocation of state supplements to purses for each of the approved races of Michigan-bred horses in the race program. If proposed conditions for those races are not submitted to the director, along with a substitute race list, within the time fixed by subrule (1), the director may determine conditions and allocate state supplements for those races at his discretion, but state supplements shall not be allocated later than 96 hours before the first race scheduled in each condition book. A state supplement shall not be allocated to a race of Michigan-bred horses after the race has been run.
History
- History: 1979 AC.
Mich. Admin. Code R 285.819.5 Payment of breeder's award {#sec-r-285.819.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.819.5}
Rule 5. (1) The director shall pay a breeder's award to the breeder of a Michigan-bred horse for each time the horse wins a race, including approved fair races. The total award shall be in the amount of 10% of the gross purse. If more than 1 winner is declared, each breeder is entitled to a full breeder's award. Breeders' awards shall only be payable for wins after the date the Michigan department of agriculture certificate of foal eligibility is issued.
(2) Rights to breeders' awards are not assignable. Breeders' awards are not inheritable.
And there is no obligation upon the director to pay a breeder's award in excess of available funds or other than as provided in these rules. A breeder's award shall not be paid for a race won after the date of death of the breeder who would otherwise be entitled to the award.
(3) If monies are not available for full payment of both breeders' awards and state supplements, payments shall be made in full for supplements as provided in R 285.819.3 and remaining monies shall be prorated for breeders' awards.
History
- History: 1979 AC; 1982 AACS.
Mich. Admin. Code R 285.819.6 Certification of racing results; burden of proof; processing of payment {#sec-r-285.819.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.819.6}
Rule 6. (1) At the completion of each condition book or weekly race program, the racing commissioner shall certify to the director the results of all races in which a Michigan-bred horse placed first, second, or third, and the names of the owner and breeder of the horse.
(2) The secretary of a fair shall provide the director with a copy of each day's race program for the fair's races within 15 days, showing the first 4 places or a complete film strip of each race, with placings checked on the program and certified by the race secretary.
(3) When the eligibility of a breeder to receive a breeder's award is questioned, the burden of proving that a horse is a Michigan-bred horse, or is in compliance with these rules, is on the breeder.
(4) State supplements may be processed for payment to the owners of winning horses once each month.
(5) Payment of breeders' awards shall be processed not less than once each month.
History
- History: 1979 AC.
Mich. Admin. Code R 285.819.7 Rescinded {#sec-r-285.819.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.819.7}
History
- History: 1979 AC; 1982 AACS.
R 285.820.1 to R 285.820.7 Regulation No. 820. Michigan-bred Pari-mutuel Races
Mich. Admin. Code R 285.820.1 Definitions {#sec-r-285.820.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.820.1}
DEPARTMENT OF AGRICULTURE
FAIRS, EXHIBITIONS AND RACING DIVISION
REGULATION NO. 820. MICHIGAN-BRED PARI-MUTUEL RACES
(By authority conferred on the director of the department of agriculture by section 20 of 1995 PA 279, MCL 431.320)
Rule 1. As used in these rules:
(a) "Commissioner" means the Michigan state racing commissioner.
(b) "Department" means the Michigan department of agriculture.
(c) "Director" means the director of the department or his or her designee.
(d) "Licensed racing association" means an association licensed by the commissioner to conduct standardbred horse races in this state.
(e) "M.H.H.A." means the Michigan harness horsemen's association.
(f) "Michigan-bred horse" means a horse that is from a registered standardbred mare, which is owned exclusively by a resident or residents of this state at the time of conception.
(g) "Michigan-sired standardbred horse" means a standardbred horse that satisfies any of the following provisions:
(i) The first foal per year, with the exception of twins carried to term by the natural mother, which is from a Michigan-owned standardbred mare at the time of breeding and which is sired by a Michigan-owned or leased stallion, duly registered with the fairs, exhibitions and racing division.
(ii) The first foal per year with the exception of twins carried to term by the natural mother, from a mare which was owned exclusively by a resident or residents of this state at the time of conception and which was conceived outside this state by means of transported semen from a standardbred stallion that was registered with the department.
(iii) The first foal per year, with the exception of twins carried to term by the natural mother, from a mare which was owned exclusively or in part by a nonresident of this state at the time of conception and which was conceived outside the state of Michigan by means of semen transported from a standardbred stallion that was registered with the department if, by November 1 of the year in which the foal is conceived, the transport fee is paid to the department's agent.
(h) "Offending horse" means a horse that causes a disruption or an accident in a race.
(i) "Registered stallion" means a stallion that was registered, on forms provided by the director, with the department, by January 1 each year in which the stallion will be standing at service in this state from January 1 to July 31 of the calendar year in which it is registered.
A newly acquired stallion, which has not been in this state for breeding purposes before January 1 of a given year and which has not serviced any mares after December 31 of the preceding year shall be registered with the department before servicing any mares if its foals are to be eligible for Michigan tax-supported races. Transportation of semen from a registered stallion to a location outside this state does not affect the eligibility of a Michigan-sired standardbred foal for purses provided for in this rule.
History
- History: 1979 AC; 1983 AACS; 2002 AACS; 2004 AACS.
Mich. Admin. Code R 285.820.1a Eligibility {#sec-r-285.820.1a omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.820.1a}
Rule 1a. A horse shall be a Michigan-bred or a Michigan-sired standardbred horse and meet the established conditions of the race, in order to be eligible to race in any Michiganbred pari-mutuel race, which is supplemented with state funds.
History
- History: 2004 AACS.
Mich. Admin. Code R 285.820.2 Michigan-bred foals eligible for nomination to Michigan-bred races; racing divisions {#sec-r-285.820.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.820.2}
Rule 2. (1) The first Michigan-bred foals eligible to be nominated for these Michiganbred pari-mutuel races shall be Michigan-bred foals born in the official 1975 United States trotting association foaling year.
(2) In 1979 and thereafter, the foals in subrule (1) of this rule shall be raced as Michiganbred 4-year-olds as follows:
(a) Michigan-bred 4-year-old horse, gelding trot.
(b) Michigan-bred 4-year-old mare trot.
(c) Michigan-bred 4-year-old horse, gelding pace.
(d) Michigan-bred 4-year-old mare pace.
History
- History: 1979 AC; 2002 AACS; 2004 AACS.
Mich. Admin. Code R 285.820.3 Fees and nominations {#sec-r-285.820.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.820.3}
Rule 3. (1) The M.H.H.A. shall be the holding agent for all fees collected.
(2) The host licensed racing association shall disburse purse money pertaining to the Michigan-bred pari-mutuel races.
(3) To assist the director to determine the fees and conditions of the races to be run, an advisory panel is established and shall consist of the following 6 persons:
(a) The president, or his or her designee, of the Michigan harness horsemen's association.
(b) The president, or his or her designee, of the Michigan standardbred horse breeders association.
(c) The Michigan racing commissioner, or his or her designee.
(d) The president, or his or her designee, of the northern fairs and racing association.
(e) A representative of the pari-mutuel harness race meet licensees.
(f) A member of the department who is designated by the director shall act as chair of the committee.
History
- History: 979 AC; 1995 AACS; 2004 AACS.
Mich. Admin. Code R 285.820.4 Application and designation of host tracks {#sec-r-285.820.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.820.4}
Rule 4 (1) A licensed racing association requesting state funds for payment of Michiganbred pari-mutuel race purses shall submit a properly completed application to the racing commissioner.
(2) The racing commissioner shall designate annually at which pari-mutuel track the pace and trot shall be held.
(3) If because of unfavorable weather or other unavoidable circumstances the Michiganbred pari-mutuel races are postponed, then the races may be rescheduled at the discretion of the director of agriculture or the racing commissioner.
History
- History: 1979 AC; 2004 AACS.
Mich. Admin. Code R 285.820.5 Elimination plans for Michigan-bred pari-mutuel races {#sec-r-285.820.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.820.5}
Rule 5. Elimination heats shall be raced pursuant to the United States trotting association rules unless published in the conditions of the race and approved by the director.
History
- History: 1979 AC; 1983 AACS; 2002 AACS.
Mich. Admin. Code R 285.820.6 Purse distribution {#sec-r-285.820.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.820.6}
Rule 6. (1) Each purse in the Michigan-bred pari-mutuel races that have 5 or more starters shall be divided as follows: 50%-25%-12%-8%-5%. If there are fewer than 5 starters, then all uncontested money shall be paid to the winner. If there is a premium or premiums for which a horse has started, but was unable to finish due to an accident, all unoffending horses that did not finish will share equally in the premiums. However, if there are fewer unoffending horses failing to finish than there are premiums for which horses have started but have not finished, then the number of premiums in excess of the number of unoffending horses not finishing shall go to the winner.
History
- History: 1979 AC; 2002 AACS; 2004 AACS.
Mich. Admin. Code R 285.820.7 Ineligibility of person or entity to participate in future Michigan-bred pari-mutuel race programs {#sec-r-285.820.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.820.7}
Rule 7. A person or entity wilfully falsifying any documents required by these rules or wilfully accepting and retaining any purse monies contrary to these rules shall be ineligible to participate in any future Michigan-bred pari-mutuel race programs under the provisions of these rules.
History
- History: 1979 AC.
R 285.821.1 to R 285.821.10 Regulation No. 821. Thoroughbred Sire Stakes Races
Mich. Admin. Code R 285.821.1 Definitions {#sec-r-285.821.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.821.1}
DEPARTMENT OF AGRICULTURE
FINANCIAL PROGRAMS REGULATION SECTION
REGULATION NO. 821. THOROUGHBRED SIRE STAKE RACES AND
AWARDS PROGRAM
(By authority conferred on the director of the department of agriculture by section 7 of Act No. 279 of the Public Acts of 1995, as amended, and section 13 of Act No. 327 of the Public Acts of 1980, as amended, being ''16.109, 16.278, and 431.307 of the Michigan Compiled Laws)
Rule 1. As used in these rules:
(a) "Department" means the Michigan department of agriculture.
(b) "Director" means the director of the department or his or her designee.
(c) "Domicile" means the fixed, permanent, and principal home to which a person intends to return.
(d) "Earned purse" means the portion of a purse distribution that is awarded for the order of finish up to 3 placings, the term includes any state purse supplement, but does not include any other award funds.
(e) "Gross purse" means the total money offered for a purse.
(f) "H.B.P.A." means the horsemen's benevolent and protective association, Michigan division.
(g) "Host track" means the licensed racing association designated by the director to conduct thoroughbred sire stake races.
(h) "Jockey club" means the jockey club, incorporated.
(i) "Lessee" means a person who is domiciled in Michigan, who leases a stallion, and whose name has been recorded with the jockey club register as the registered lessee of a horse. A copy of the lease shall be filed with the department.
(j) "Michigan stallion" means a registered stallion which was leased or owned exclusively by a resident of this state and which did not serve a mare at a location outside of this state during the calendar year in which the service occurred. A stallion shall be registered with the director, on forms provided by the department, by January 1 of each year in which the stallion will be standing at service in this state. A newly acquired stallion purchased after January 1 of the breeding year shall be eligible for mares bred after the stallion is registered with the director if the stallion has not served any mares outside of this state during the calendar year.
(k) "Michigan-sired horse" means a horse sired by a registered stallion and duly nominated under R 285.821.4.
(l) "M.T.O.B.A. " means the Michigan thoroughbred owners and breeders association.
(m) "Stallion owner" or "owner of a Michigan stallion" means an individual, partnership, association, or corporation that owns a stallion at the time of registration.
(n) "Owner of a Michigan-sired horse" means a person who is licensed under section 16 of Act No. 279 of the Public Acts of 1995, being '431.316 of the Michigan Compiled Laws, and who owns a registered Michigan-sired horse.
(o) "Person" means an individual, partnership, association, or corporation that owns a stallion at the time of service.
(p) "Sire stake" means a race condition for 2-year-old, 3-year-old, and 4-year-old and up Michigan-sired thoroughbred horses.
(q) "Thoroughbred racing association" means an association that is licensed by the Michigan racing commissioner to conduct thoroughbred horse races in Michigan at a host track approved by the director.
History
- History: 1983 AACS; 1989 AACS; 1998-2000 AACS.
Mich. Admin. Code R 285.821.2 Determination of domicile {#sec-r-285.821.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.821.2}
Rule 2. Factors to be considered in determining domicile are as follows:
(a) Voting registration or alien registration showing a Michigan address.
(b) Federal income tax return showing a Michigan address.
(c) State income tax return showing a Michigan address.
History
- History: 1983 AACS.
Mich. Admin. Code R 285.821.3 Foals eligible for nomination; racing divisions {#sec-r-285.821.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.821.3}
Rule 3. The Michigan sire stakes races shall be raced in not less than 6 separate divisions as follows:
(a) Two-year-old colts and geldings.
(b) Two-year-old fillies.
(c) Three-year-old colts and geldings.
(d) Three-year-old fillies.
(e) Four-year-old and up colts and geldings.
(f) Four-year-old and up fillies and mares.
History
- History: 1983 AACS; 1998-2000 AACS.
Mich. Admin. Code R 285.821.4 Fees; nominations; award percentages {#sec-r-285.821.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.821.4}
Rule 4. (1) The payment schedule shall be as follows:
(a) Year of foaling - nomination shall be made by December thirty-first at no fee and shall be recorded with the department.
(b) All fees shall be determined by a committee of 1 member each from the thoroughbred racing association, the H.B.P.A., and the M.T.O.B.A., shall be payable to the racing association commencing 30 days before racing of the finals, and shall be added to the respective divisions.
(c) The department is responsible for providing applications and accepting nominations.
(2) In 1996 and all years thereafter, up to 75% or $600,000.00, if appropriated, whichever is greater, of the money allocated to the sire stakes program available by statute shall be utilized for special races for horses by registered Michigan sires and such races shall include but not be limited to the following 6 divisions which shall at all times be of equal purse value.
(a) Two-year-old colts and geldings.
(b) Two-year-old fillies.
(c) Three-year-old colts and geldings.
(d) Three-year-old fillies.
(e) Four-year-old and up colts and geldings.
(f) Four-year-old and up fillies and mares.
Included in the 75% or $600,000, if appropriated, whichever is greater, may be additional races with separate purse value for race conditions determined by the committee, described in R 285.821.4(3).
(3) The director shall allocate Michigan-sired horse owner awards and stallion owner awards after reviewing recommendations made by a committee consisting of a representative of the director, The H.B.P.A., M.T.O.B.A., O.R.C., and a representative of the host track.
(4) The department shall not be the holding agent for fees provided by this rule.
History
- History: 1983 AACS; 1998-2000 AACS.
Mich. Admin. Code R 285.821.5 Designation of host tracks; race dates; postponement and rescheduling of races {#sec-r-285.821.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.821.5}
Rule 5. (1) The director shall designate annually which pari-mutuel track or tracks shall host the Michigan sire stake races. To assist the director in designating the track and to help determine the time and conditions of the races to be run, an advisory panel is established consisting of the following persons:
(a) Any thoroughbred breeders and owners selected by the director.
(b) The Michigan racing commissioner or his or her designee.
(c) A representative of the pari-mutuel thoroughbred race meet licensees.
(d) A member of the Michigan department of agriculture, designated by the director, who shall act as chairman.
(2) The director shall make announcements of the track or tracks designated to host the races not later than November 1 preceding the year in which the races are to be conducted.
(3) If, because of unfavorable weather or other unavoidable circumstances, the Michigan sire stake races are postponed, the director may reschedule the races at another licensed thoroughbred track, if the licensed track originally designated to host the sire stakes is unable to do so.
History
- History: 1983 AACS.
Mich. Admin. Code R 285.821.6 Determination of field; applicable rules {#sec-r-285.821.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.821.6}
Rule 6. (1) If the field, after the nomination and entry fees are paid, contains more than the track’s maximum available field, then the field shall be determined by the lifetime money earnings of the top entries to fill the track’s maximum field.
(2) Racing of sire stake races, where not specifically covered by these rules, shall be raced under the rules of the Michigan racing commissioner, being R 431.1 to R 431.4290.
(3) The racing commissioner shall certify, to the director, at the completion of racing, in each condition book, the results of all races won by a Michigan-sired horse and also the results of all races in which a Michigan-sired horse finished first, second, or third in a race that was not restricted to Michigan-sired horses.
History
- History: 1983 AACS; 1998-2000 AACS.
Mich. Admin. Code R 285.821.7 Purse distribution {#sec-r-285.821.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.821.7}
Rule 7. Each purse in the Michigan sire stake races shall be divided among the winners of each final race in the following manner:
(a) Five or more starters......................60%, 20%, 11%, 6%, 3%.
(b) Four starters..................................60%, 20%, 12%, 8%.
(c) Three starters.................................60%, 25%, 15%.
(d) Two starters...................................60%, 40%.
(e) One starter....................................100%.
History
- History: 1983 AACS.
Mich. Admin. Code R 285.821.8 Michigan-sired horse owner awards {#sec-r-285.821.8 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.821.8}
Rule 8. (1) An award of up to 30% of the earned purse shall be paid to the owner of a Michigan-sired horse that wins an eligible race which is not restricted to Michigan-sired horses at a state-licensed pari-mutuel track in Michigan. An award may also be paid of up to 30% of the earned purse to the owner of a Michigan-sired horse that finished second or third in a race which was not restricted to Michigan-sired horses at a state-licensed parimutuel track in Michigan.
(2) An award is limited to $10,000.00 for any 1 race.
(3) Michigan-sired horse owner awards shall be paid in the same manner as state purse supplements under R 285.810.6.
History
- History: 1983 AACS; 1998-2000 AACS.
Mich. Admin. Code R 285.821.9 Stallion owner awards {#sec-r-285.821.9 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.821.9}
Rule 9. (1) An award of up to 5% of the gross purse shall be paid to the owner of a Michigan stallion whose progeny wins a race at a state-licensed pari-mutuel track in Michigan.
(2) An award is limited to $10,000.00 for any 1 race.
(3) Payment of stallion owner awards shall be determined and processed at the end of each fiscal year. Stallion owner awards will not be paid if total award is less than $250.00 per year.
History
- History: 1983 AACS; 1998-2000 AACS.
Mich. Admin. Code R 285.821.10 Ineligibility of person or entity to participate in future sire stakes program {#sec-r-285.821.10 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.821.10}
Rule 10. A person who willfully falsifies a document required by these rules or who willfully accepts and retains any purse monies contrary to these rules is ineligible to participate in any future sire stakes program under the provisions of these rules.
History
- History: 1983 AACS; 1998-2000 AACS.
R 285.822.1 to R 285.822.7 Regulation No. 822. Arabian Breeders' Awards And State Supplements
Mich. Admin. Code R 285.822.1 Definitions {#sec-r-285.822.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.822.1}
DEPARTMENT OF AGRICULTURE
FINANCE AND TECHNOLOGY DIVISION
REGULATION NO. 822. ARABIAN BREEDERS' AWARDS AND STATE
SUPPLEMENTS
(By authority conferred on the director of the department of agriculture by sections 9 and 178 of Act No. 380 of the Public Acts of 1965, as amended, and section 13 of Act No. 327 of the Public Acts of 1980, as amended, being SS16.109, 16.278, and 431.73 of the Michigan Compiled Laws)
Rule 1. As used in these rules:
(a) "Breeder" means an individual, partnership, association, or corporation owning an Arabian mare at the time of breeding. Each individual, including those in a partnership, association, or corporation, shall be domiciled in the state of Michigan. The lessee of a mare which is registered with the Arabian horse registry of America, inc., at the time of breeding is deemed the owner of the mare.
(b) "Conditions" means a specification of the terms under which a race is conducted, such as the distance, weight, purse, stakes, trials, finals, and money won.
(c) "Department" means the Michigan department of agriculture.
(d) "Director" means the director of the department.
(e) "Domicile" means the fixed, permanent, and principal home to which a person intends to return.
(f) "Fairs and racing division" means the fairs and racing division of the department.
(g) "Gross purse" means the track purse plus the state supplement.
(h) "Licensed Arabian horse racing association" means an association licensed by the Michigan racing commissioner to conduct Arabian horse races in Michigan.
(i) "Michigan-bred horse" means a horse which is from a mare owned or leased by a person who is domiciled in Michigan at the time of breeding. Each mare shall be registered with the director.
(j) "Michigan-bred race" means a race conducted exclusively for Michigan-bred horses.
(k) "Owner" means the person listed on the Arabian horse registry of America, inc., as the most current owner of the horse.
(l) "State supplement" means money allocated by the director from the state fund for a race conducted exclusively for Michigan-bred horses.
(m) "Track purse" means the money offered by a licensed Arabian horse racing association for 1 race, not including a state supplement.
History
- History: 1985 AACS.
Mich. Admin. Code R 285.822.2 Determination of domicile {#sec-r-285.822.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.822.2}
Rule 2. The factors to be considered in determining domicile are as follows:
(a) Voting registration or alien registration showing a Michigan address.
(b) Federal income tax return showing a Michigan address.
(c) State income tax return showing a Michigan address.
History
- History: 1985 AACS.
Mich. Admin. Code R 285.822.3 Eligibility of horses for breeders' awards and state supplements {#sec-r-285.822.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.822.3}
Rule 3. (1) Eligibility of horses for breeders' awards and state supplements is established upon compliance with both of the following provisions:
(a) An Arabian mare and stallion shall be registered with the department, on forms provided by the fairs and racing division, before a department certificate of foal eligibility will be issued.
(b) A certificate of eligibility shall be issued by the director for a Michigan-bred horse.
This certificate shall accompany the Arabian horse club registration certificate at the time of entry in a race. Such certification shall be issued 48 hours or more before post time.
(2) The Arabian horse registry of America, inc., shall be considered the official record in determining the eligibility of a Michigan-bred horse foaled before 1984.
History
- History: 1985 AACS.
Mich. Admin. Code R 285.822.4 Eligibility of races for state supplements {#sec-r-285.822.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.822.4}
Rule 4. (1) State supplements shall be allocated for the following Arabian races:
(a) Michigan-bred, 3-year-old handicaps and stakes.
(b) Michigan-bred, 4-year-old and older handicaps and stakes.
(c) Races approved by the director.
(2) State supplements shall be paid first for races specified under subrule (1)(a) to (c) of this rule. If funds are not available to provide state supplements for all races approved by the director under subrule (1)(c) of this rule, then the director shall prorate available money at his or her discretion among the races so run.
(3) At least 1 Michigan-bred race shall be scheduled on a licensed Arabian horse racing association program.
(4) An association licensed to conduct Arabian horse racing in Michigan shall not offer a smaller track purse, excluding the state supplement, for a Michigan-bred race than it offers for a race of non-Michigan-bred horses which, in the judgment of the director, is a comparable race.
(5) If the programmed Michigan-bred race does not draw sufficient entries to run, the licensed Arabian horse racing association may substitute a Michigan-bred race approved by the director.
History
- History: 1985 AACS.
Mich. Admin. Code R 285.822.5 Conditions and purses for races; allocation of statesupplements {#sec-r-285.822.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.822.5}
Rule 5. (1) The licensed Arabian horse racing association of the track where races of Michigan-bred horses are to be conducted shall propose conditions and purses for the races of Michigan-bred horses. The conditions of all races of Michigan-bred horses are subject to the approval of the director. These conditions shall be submitted to the director not less than 18 calendar days before the first race is conducted for each race program.
(2) The allocation of state supplements shall be determined by the director with the advice of any Arabian horse racing association or any Arabian horse breeder or owner.
(3) The director shall announce, not later than 4 calendar days before the start of the race program, his or her allocation of state supplements to purses for each approved Michiganbred race in the race program. If proposed conditions for those races are not submitted to the director within the time fixed by subrule (1) of this rule, the director may determine conditions and allocate state supplements for those races at his or her discretion, but state supplements shall not be allocated later than 24 hours before post time of the race. A state supplement shall not be allocated to a Michigan-bred race after the race has been run.
History
- History: 1985 AACS.
Mich. Admin. Code R 285.822.6 Payment of breeder's award {#sec-r-285.822.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.822.6}
Rule 6. (1) The director shall pay a breeder's award to the breeder of a Michigan-bred horse for each time the horse wins a race at a fair or licensed racetrack in this state. The total award shall be in the amount of 10% of the gross purse. If more than 1 winner is declared, each breeder is entitled to a full breeder's award. Breeders' awards shall only be payable for wins after the date that the department certificate of foal eligibility is issued.
(2) Rights to breeders' awards are not assignable. Breeders' awards are not inheritable.
There is no obligation upon the director to pay a breeder's award in excess of available funds or other than as provided in these rules. A breeder's award shall not be paid for a race won after the date of death of the breeder who would otherwise be entitled to the award.
(3) If monies are not available for full payment of both breeders' awards and state supplements, payments shall be made in full for supplements as provided in R 285.822.4 and remaining monies shall be prorated for breeders' awards.
History
- History: 1985 AACS.
Mich. Admin. Code R 285.822.7 Certification of racing results; burden of proof; processing of payment {#sec-r-285.822.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.822.7}
Rule 7. (1) At the completion of each condition book or weekly race program at a parimutuel racetrack, the racing commissioner shall certify to the director the results of all races, including the names of the owner and breeder of each horse.
(2) The secretary of a fair shall provide the director with a copy of each day's race program for the fair's races within 15 days, with the placings checked on the program and certified by the race secretary.
(3) When the eligibility of a breeder to receive a breeder's award is questioned, the burden of proving that a horse is a Michigan-bred horse or is in compliance with these rules is on the breeder.
(4) State supplements shall be processed for payment to the owners of winning horses at least once each month.
(5) Payment of breeders' awards shall be processed at least once each month.
History
- History: 1985 AACS.
R 285.823.1 to R 285.823.7 Regulation No. 823. American Paint Horse Breeders' Awards and State Supplements
Mich. Admin. Code R 285.823.1 Definitions {#sec-r-285.823.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.823.1}
DEPARTMENT OF AGRICULTURE
FAIRS, EXHIBITIONS AND RACING DIVISION
REGULATION NO. 823. PAINT HORSE BREEDERS' AWARDS, OWNERS'
AWARDS, AND STATE SUPPLEMENTS
(By authority conferred on the director of the department of agriculture by sections 20 1995 OF P.A. 279, MCL 431.320)
Rule 1. As used in these rules:
(a) "Breeder" means an individual, partnership, association, or corporation who is domiciled in the state of Michigan and who owns the mare at the time of breeding. The lawful lessee of a mare at the time of breeding is deemed the owner of the mare.
(b) "Conditions" means a specification of the terms under which a race is conducted such as the distance, weight, purse, stakes, trials, finals, and money won.
(c) "Department" means the Michigan department of agriculture.
(d) "Director" means the director of the department or his or her designee.
(e) "Domicile" means the fixed, permanent and principal home to which a breeder intends to return.
(f) "Fairs exhibitions and racing division" means the fairs, exhibitions and racing division of the department.
(g) "First-time owner or breeder" is an individual, partnership, association, or corporation that has never registered as an owner or a breeder with the department. Any partnership, association, or corporation of which any part of the ownership has registered as an owner or a breeder with the department is not eligible as a first-time breeder.
(h) "Foaling year" means the calendar year in which the foal is born.
(i) "Gross purse" means the total value of the track purse.
(j) "Licensed paint horse racing association" means associations licensed by the Michigan racing commissioner to conduct paint horse races in Michigan.
(k) "Michigan-bred paint horse" means a horse which is from a mare owned exclusively by an individual, partnership, association, or corporation who is domiciled in Michigan at the time of breeding and:
(i) the horse has an American paint horse association, incorporated, certificate of foal stating "foaled in Michigan" USA;
(ii) the mare is registered with the director by February15 of the foaling year;
(iii) the mare is in Michigan on or before February 15 of the foaling year, and (iv) the mare remains in this state until foaling and for not less than seven consecutive months of the foaling year.
(l) "Owner" means the individual, partnership, association, or corporation listed on the American paint horse association registry as the most current owner or lawful lessee of the horse.
(m) "Paint horse racing association of Michigan" means a nonprofit corporation, or a subcommittee thereof or an affiliation committee or sub-committee thereof, consisting of those persons organized for the purpose of improving paint horse racing and breeding.
(n) "State supplement" means money allocated by the director from state funding for a race conducted exclusively for Michigan-bred horses.
(o) "Track purse" means the money offered by a licensed paint horse racing association for 1 race, not including a state supplement.
History
- History: 2004 AACS.
Mich. Admin. Code R 285.8231a Determination of domicile {#sec-r-285.8231a omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.8231a}
Rule 1a. Factors to be considered in determining domicile are as follows:
(a) Voting registration or alien registration showing a Michigan address.
(b) Federal income tax return showing a Michigan address.
(c) State income tax return showing a Michigan address.
History
- History: 2004 AACS.
Mich. Admin. Code R 285.823.2 Eligibility of horses for breeders' awards, owners' awards, and state supplements {#sec-r-285.823.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.823.2}
Rule 2. (1) To be eligible for breeders' awards owners' awards, and state supplements:
(a) The horse must be a certified Michigan-bred American paint horse;
(b) The mare and stallion shall be registered, with the department on forms provided by the director, once per ownership, when the ownership is transferred with the American paint horse association.
(c) A certificate of eligibility shall be issued by the director for a Michigan-bred horse after proper registration of the mare and stallion and after the department receives a completed foal application. This certificate shall accompany the American paint horse association registration certificate at the time of entry in a race.
(2) If a breeder has complied with all other rules, then the director may waive the date requirements of subrule 1 (b) of this rule for the first time a breeder registers with the department.
History
- History: 2004 AACS.
Mich. Admin. Code R 285.823.3 Eligibility of races for state supplements {#sec-r-285.823.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.823.3}
Rule 3. (1) State supplements shall be allocated for the following races:
(a) Michigan-bred paint horse overnight races.
(b) The Michigan futurities.
(c) Michigan-bred 2-year-old championships, handicaps, and stakes.
(d) Michigan-bred 3-year-old handicaps and stakes.
(e) Michigan-bred 4-year-old and older handicaps and stakes.
(2) State supplements shall be paid first for races specified under subdivisions (b) to (e) of this rule. If funds are not available to provide state supplements for all races approved by the director under subrule (1) of this rule, then the director shall prorate available money at his or her discretion among the races so run, based on the number of horse entries, conditions, and value of the total purse.
(3) Not less than 2 races of Michigan-bred horses shall be scheduled on each full paint horse program, with at least 1 race of Michigan-bred horses on any split program.
(4) An association licensed to conduct paint horse racing in Michigan shall not offer a smaller track purse, excluding the state supplement, for a race of Michigan-bred horses, than it offers for a race of non-Michigan-bred horses which, in the judgment of the director, is a comparable race.
(5) If the programmed race of Michigan-bred horses does not draw sufficient entries to run, the licensed paint horse racing association may substitute a race approved by the director.
History
- History: 2004 AACS.
Mich. Admin. Code R 285.823.4 Conditions and purses for races; allocation of state supplements {#sec-r-285.823.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.823.4}
Rule 4. (1) The racing association of the track where races of Michigan-bred horses are to be conducted shall propose conditions and purses for the races of Michigan-bred horses.
The conditions of all races of Michigan-bred horses are subject to the approval of the director. These conditions shall be submitted to the director not less than 18 calendar days before the first race is conducted for each race program.
(2) The allocation of state supplements shall be determined by the director or his or her designee with the advice of the racing commissioner, a representative of the licensed paint horse racing associations, and a representative of the paint horse racing association of Michigan.
(3) The director shall announce, no later than 14 calendar days before the start of the race meet, allocation of state supplements to purses for each of the approved races of Michiganbred horses in the race program. If proposed conditions for those races are not submitted to the director, alone with a substitute race list, within the time fixed by subrule (1), the director may determine conditions and allocate state supplements for those races at his or her discretion, but state supplements shall not be allocated later than 96 hours before the first race scheduled in each condition book. A state supplement shall not be allocated to a race of Michigan-bred horses after the race has been run.
History
- History: 2004 AACS.
Mich. Admin. Code R 285.823.5 Breeders' Awards {#sec-r-285.823.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.823.5}
Rule 5. (1) The director or his or her designee shall pay a breeders' award, to the breeder of a Michigan-bred horse for each time the horse runs first, second, or third in a race, including approved fair races. The combined total award of the gross purse shall not exceed the percentage allowed under the racing law. If more than 1 winner, place, or show is declared, each breeder is entitled to a breeders' award.
(2) If 3 breeders are eligible for a breeders' award, breeder awards may be paid as outlined under the racing law.
(3) Rights to breeders' awards are not assignable or inheritable. The director is under no obligation to pay a breeders' award in excess of available funds or other than as provided in these rules. In the case of a death of a breeder, breeders' awards shall only be paid for a race won prior to the date of death recorded on the breeders' certified death certificate. Such certificate shall be submitted to the department when requesting payment of breeders' awards after the death of a breeder.
(4) If monies are not available for full payment of breeders' awards breeders' awards may be prorated.
History
- History: 2004 AACS.
Mich. Admin. Code R 285.823.5a Owners' Awards {#sec-r-285.823.5a omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.823.5a}
Rule 5a. (1) An award of up to 30% of the earned track purse shall be paid to the purse account of the owner of a Michigan-bred horse that finishes first, second, or third in an eligible race that was not restricted to Michigan-bred or sired horses at a state-licensed pari-mutuel track in Michigan.
(2) The director, with advice from the certified paint horse association, the paint horse racing association of Michigan, and the paint horse breeders' and owners' association, shall determine the allocation of owners' award percentages.
(3) A single owners' award is limited to not more than $10,000.
History
- History: 2004 AACS.
Mich. Admin. Code R 285.823.6 Certification of racing results; burden of proof; processing of payment {#sec-r-285.823.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.823.6}
Rule 6. (1) In each condition book, the racing commissioner shall certify to the director at the completion of racing, the results of all races in which a Michigan-bred horse placed first, second, or third along with the names of the owner and breeder of the horse.
(2) The secretary of a fair shall provide the director with a copy of each day's race program for the fair's races within 15 days, showing the first 4 places or a complete filmstrip of each race, with placings checked on the program and certified by the race secretary.
(3) When the eligibility of a breeder to receive a breeders' award is questioned, the burden of proving that a horse is a Michigan-bred horse, or is in compliance with these rules, is on the breeder.
(4) When the eligibility of an owner to receive an owners' award is questioned, the burden of proving that a horse is a Michigan-bred horse, or is in compliance with these rules, is on the owner.
(5) When the eligibility of an owner to receive a state supplement is questioned, the burden of proving that a horse is a Michigan-bred horse, or is in compliance with these rules, is on the owner.
(6) Payment of breeders' awards shall be processed not less than once each month.
(7) Payment of owners' awards shall be processed not less than once each month.
(8) Payment of state supplements shall be processed not less than once each month.
History
- History: 2004 AACS.
Mich. Admin. Code R 285.823.7 Ineligibility for future breeders' awards owners' awards, and state supplements {#sec-r-285.823.7 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 285.823.7}
Rule 7. A person or entity willfully accepting and retaining a breeders' award, owners' award, or state supplement contrary to these rules is ineligible for a future breeders' award, owners' award, or supplement in this state.
History
- History: 2004 AACS.
Animal Industry Division Animal Industry Division
R 287.651 to R 287.657 Bodies of Dead Animals
Mich. Admin. Code R 287.651 Definitions {#sec-r-287.651 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 287.651}
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
ANIMAL INDUSTRY DIVISION
BODIES OF DEAD ANIMALS
(By authority conferred on the department of agriculture and rural development by sections 15 and 27 of 1982 PA 239, MCL 287.665 and 287.677)
Rule 1. As used in these rules:
(a) "Afterbirth" means fetal fluids, placenta, and fetal mortality.
(b) "Anaerobic digestion" means the biochemical conversion of complex organic materials, such as manure, into methane and other byproducts in the absence of oxygen.
(c) "Animal process operation" is a place where animals or animal tissues may accumulate in a non-production (no multiple-day care and feeding) setting such as a butcher shop, slaughter facility, taxidermist, road commission, veterinary clinic, or market collection point.
(d) "Animal production operation" generally described as a "farm," means an operation where animals under common ownership or management receive care and feeding for the production of food, co-products, or pleasure.
(e) "Biogas" means the gaseous mix of methane, carbon dioxide, and other trace gases including hydrogen sulfide, ammonia, and hydrogen.
(f) "Digestate" means the mixture of liquid and solid material (slurry) remaining after the digestion process is completed. Digestate is commonly known as effluent.
(g) "Finished" compost means ready for final utilization as a soil amendment, plant fertilizer, or rooting medium. Finished compost shall be dark, humus-like with little odor, and free of any animal soft tissue.
(h) "Forced aeration" means air is pushed or pulled through compost using a blower and perforated ductwork (within the compost or in the floor or walls surrounding the compost) to speed the composting process.
(i) "In-vessel" means composting within a container, using forced aeration by mechanical turning (rotating drum).
(j) "Leachate" means any liquid that may drain from compost.
(k) "Mesophilic" means operating the anaerobic digester in the temperature range of 95 degrees Fahrenheit to 105 degrees Fahrenheit.
(l) "NRCS" means Natural Resources Conservation Service of the United States Department of Agriculture.
(m) "Passive aeration" means the movement of air through a compost pile brought about by the pull that is created when warm air exits the top and side of the pile and air from or through other parts of the compost is drawn in to take its place. Exiting air contains gases, moisture, and heat.
(n) "Restaurant grease" means animal or vegetable oils and fats that have been used or generated as a result of the preparation of food by a restaurant or other establishment that prepares or cooks food for human consumption. Restaurant grease does not include trap grease, interceptor grease, or other contents of grease traps or interceptor traps.
(o) "Site" means the location on premise where composting occurs.
(p) "Specifically designed container truck" means a truck or other vehicles designed or modified and constructed to haul individual leak proof containers.
(q) "Surface waters" means the definition in R 287.651(1)(o)(i) to (viii).
(r) "Thermophilic" means operating in the temperature range of 125 degrees Fahrenheit to 135 degrees Fahrenheit.
(s) "Trap grease," also referred to as "interceptor grease," means any restaurant grease skimmed, filtered, separated, or otherwise captured from wastewater before discharge.
(t) "Waters of the state" means all of the following, but does not include drainage ways and ponds used solely for wastewater conveyance, treatment, or control:
(i) The Great Lakes and their connecting waters.
(ii) All inland lakes.
(iii) Rivers.
(iv) Streams.
(v) Impoundments.
(vi) Open drains.
(vii) Other surface bodies of water within the confines of the state.
(viii) Groundwater.
Editor's Note: An obvious error in R 287.651 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2011 MR 11. The memorandum requesting the correction was published in Michigan Register, 2011 MR 20.
R 287.651a. Adoption of standards by reference.
Rule 1a. The following standards are adopted by reference in these rules and are available for inspection, and may be obtained without cost, from the Michigan Department of Agriculture and Rural Development, Animal Industry Division, P.O. Box 30017, Lansing, Michigan, 48909. The rules may also be obtained at no cost from the sources listed below:
(a) The Natural Resources Conservation Service 635 Vegetated Treatment Area Conservation Practice Standard, Date October, 2009, is available at http://www.nrcs.usda.gov/technical/Standards/nhcp.html or Natural Resources Conservation Service, Attention: Conservation Communications Staff, P.O. Box 2890, Washington, DC 20013.
(b) The Natural Resources Conservation Service 313 Waste Storage Facility Conservation Practice Standard, November, 2005, is available at http://www.nrcs.usda.gov/technical/Standards/nhcp.html or Natural Resources Conservation Service, Attention: Conservation Communications Staff, P.O. Box 2890, Washington, DC 20013.
(c) The Michigan Animal Tissue Composting Operational Standards, Michigan State University and Natural Resources Conservation Service, September, 2006, is available at https://www.msu.edu/~rozeboom/ or Swine Nutrition & Production Management, 2209 Anthony, Department of Animal Science, Michigan State University, East Lansing, MI 48824-1225 or the Michigan Department of Agriculture and Rural Development, P.O. Box 30017, Lansing, Michigan 48909, or http://www.michigan.gov/documents/mda/BODA_Composting_Operational_Standards_ 216592_7.pdf (d) The Natural Resources Conservation Services, Field Operations Technical Guide Anaerobic Digester (NO) 366, October 2010, is available at http://www.nrcs.usda.gov/technical/Standards/nhcp.html or Natural Resources Conservation Service, Attention: Conservation Communications Staff, P.O. Box 2890, Washington, DC 20013.
Editor's Note: An obvious error in R 287.651 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2011 MR 11. The memorandum requesting the correction was published in Michigan Register, 2011 MR 20.
History
- History: 1995 AACS; 2007 AACS; 2011 AACS.
- History: 2007 AACS; 2011 AACS.
Mich. Admin. Code R 287.652 Disposal of dead animals and residue from burning process of dead animals {#sec-r-287.652 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 287.652}
Rule 2. (1) Dead animals, excluding restaurant grease, buried in individual graves shall be in compliance with all of the following requirements:
(a) The dead animal shall not come in contact with waters of the state.
(b) The number of individual graves per acre shall not be more than 100 and the total combined animal weight shall not be more than 5 tons per acre.
(c) Individual graves shall be separated by a minimum of 2 1/2 feet.
(d) A grave shall not be located within 200 feet of any existing groundwater well that is used to supply potable drinking water.
(e) The owner of the land has authorized the placement of the dead animal.
(2) Dead animals, excluding restaurant grease, buried in a common grave shall be in compliance with all of the following requirements:
(a) Dead animals in a common grave shall be covered with at least 1 foot of soil within 24 hours of burial.
(b) A common grave shall not remain open for more than 30 days and shall receive not less than 2 feet of soil as final cover.
(c) Dead animals shall not come into contact with waters of the state.
(d) The total weight of dead animals in common graves shall not be more than 5,000 pounds per acre, and if there is more than 1 common grave per acre, each common grave within that acre shall be separated by a minimum of 100 feet.
(e) A common grave shall be located not less than 200 feet from any existing groundwater well that is used to supply potable drinking water.
(f) The owner of the land has authorized the placement of the dead animals.
(3) By written request, an exemption to the total number of individual or graves per acre or the total weight of carcasses in an individual or common grave may be granted by the director upon concurrence with the director of the department of environmental quality.
(4) Residue from the burning process of dead animals may be land-applied at agronomic rates or properly disposed of in a landfill licensed by the department of environmental qualityunder the natural resources and environmental protection act, part 115 solid waste management, 1994 PA 451, MCL 324.11501 to 324.11554.
(5) If the director suspects that the disposition of dead animals, or the residue from dead animal incineration would produce a source of toxicological contamination that represents a threat to the health of humans or animals or a toxicological threat to the environment, the director may require that the dead animal or animals, or the residue from the dead animal incineration, be disposed of in a manner determined by the director.
The cost of the disposal shall be the responsibility of the owner.
History
- History: 1995 AACS; 2007 AACS; 2015 AACS.
Mich. Admin. Code R 287.653 Vehicles licensed for transportation of dead animals or restaurant grease {#sec-r-287.653 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 287.653}
Rule 3. (1) A vehicle licensed for the transportation of dead animals or restaurant grease shall conform to both of the following specifications:
(a) The parts of the licensed vehicle that come in contact with dead animals or restaurant grease shall be made of impervious material and shall be constructed to prevent leakage or seepage of any material from the vehicle.
(b) Except for specifically designed container trucks, the body of the licensed vehicle shall be designed to prevent public viewing of the truck's contents.
(2) All dead animals or restaurant grease hauled in a specifically designed container truck shall be enclosed in a leakproof container.
(3) Each container containing dead animals or restaurant grease shall be individually covered or a covering or tarpaulin approved by the director shall be carried and used to completely cover all containers when the vehicle is loaded.
(4) Any container, item of equipment, covering, or tarpaulin used in connection with the handling or transportation of dead animals or restaurant grease shall be kept clean and properly disinfected.
(5) If a licensed vehicle has been used to haul or handle dead animals which have died or which have been killed as a result of a contagious or infectious disease, the vehicle shall be cleaned and disinfected, in a manner approved by the director, at the point of destination before proceeding further.
(6) Each licensed vehicle used to transport dead animals or restaurant grease shall display a decal sticker issued by the department. The location for affixing the decal on the vehicle shall be the lower right corner of the exterior surface of the door on the passenger side of the vehicle. The location for affixing the decal on trailing units shall be on the exterior and the lower right corner as near the front as possible.
History
- History: 1995 AACS.
Mich. Admin. Code R 287.654 Licensed facilities {#sec-r-287.654 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 287.654}
Rule 4. (1) Except for approved escapes for steam, all tanks, cookers, boilers, driers, and condensers shall be airtight. Steam shall be controlled in a manner that does not constitute a public or private nuisance or pose a threat to the health of the public or animals.
(2) The facility shall be constructed for the purpose intended and shall be maintained and kept in proper repair at all times.
(3) Licensed facilities shall have all of the following:
(a) Floors and walls constructed of a material that can be easily cleaned and disinfected.
(b) Floors that have adequate surface drainage so that liquids will not collect or create standing pools.
(c) An adequate supply of running hot water for cleaning purposes.
(d) Properly equipped storage facilities for raw and finished product to prevent access by birds, vermin, or other animals.
(e) Loading and unloading docks and platforms constructed so that drainage is adequate and natural precipitation will not collect or create standing pools.
(f) Equipment necessary to maintain the facility in a clean and sanitary condition, including insect and pest control equipment.
(4) The floor space and equipment in a licensed facility shall be kept clean and free of accumulations of filth and debris.
(5) Sewers and drains shall be kept in appropriate working order to ensure proper drainage.
(6) All processing of dead animals shall be done within the licensed facility.
(7) Accumulations of dead animals shall not create a public or private nuisance or health hazard.
(8) Odors in and around licensed facilities shall not be allowed to create a public or private nuisance.
(9) Licensed facilities shall have odor control equipment, which shall be approved by the director, available on the premises.
(10) Dead animals shall be stored indoors on floors constructed of concrete or other material approved by the director.
(11) The contents of the digestive tract and manure shall not be allowed to accumulate on the premises of any licensed facility for more than 6 days and shall be disposed of in a manner that does not create a public nuisance or health hazard or endanger the health of livestock.
(12) The contents of the digestive tract shall be stored in covered containers that do not leak.
(13) The rendering and processing of all dead animals at licensed facilities shall be by a process approved by the director.
(14) Effluent disposal and waste disposal from a licensed facility shall be in a manner approved by state and federal agencies responsible for regulating effluent and waste disposal.
History
- History: 1995 AACS.
Mich. Admin. Code R 287.655 Composting {#sec-r-287.655 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 287.655}
Rule 5. (1) Unless otherwise approved by the director, composting methods must accommodate only normal daily natural mortality under common ownership and be designed with capacity for both active composting and curing.
(2) Active composting consists of all of the following:
(a) Organic materials.
(b) Aeration and moisture management.
(c) Heat production.
(d) Repeated temperature patterns.
(3) Bulking agent is a material added to compost to provide nutrients, decrease bulk density, promote aeration, and remove heat. Bulking agent also means amendment, medium, carbon source, and feedstock. Any of the following may be used as compost bulking agents:
(a) Dried grass.
(b) Hay.
(c) Chopped straw.
(d) Chopped corn stover.
(e) Chopped bean stover.
(f) Unpainted wood chips that do not have additives or preservatives.
(g) Unpainted shredded bark that does not have additives or preservatives.
(h) Unpainted sawdust that does not have additives or preservatives.
(i) Leaves.
(j) Grass clippings.
(k) Grain hulls.
(l) Poultry litter or litter cake.
(m) Animal manure solids.
(n) Waste animal feeds.
(o) Finished or cured compost.
(p) A mixture of any of the recommended bulking agents listed in subdivisions (a) to (q) of this subrule.
(q) Other, as approved by the director.
(4) Curing is the period of time after active composting for further decomposition at a slow rate. Less intense heat production and lower temperatures must be sustained during curing.
(5) In response to a written request, the use of composting methods other than as specified in this rule and the Michigan Animal Tissue Composting Operational Standard (Michigan State University and NRCS), as adopted by reference in R 287.651a, may be allowed by the director.
(6) One or more of the following methods of composting must be used and passive, forced, and active aeration, or any combination of the 3, may be used with each method:
(a) Open pile.
(b) Bin.
(c) Windrow.
(d) In-vessel.
(e) Other, as approved by the director.
(7) The composting structure must be constructed and maintained to withstand structural damage caused by active composting and equipment used for compost aeration and movement. Any structural damage to the structure must be repaired before it is used again for active composting.
(8) The site for composting must maintain the following minimum isolation distances:
(a) Two hundred feet from waters of the state as that term is defined in R 287.651(t)(i) to (viii).
(b) Two feet above the seasonal high-water table, as that term is defined by NRCS 313 Waste Storage Facility Conservation Practice Standard and adopted by reference in R 287.651a.
(c) Two hundred feet from any well.
(d) Two hundred feet from nearest non-farm residence.
(9) The composting site must be selected or graded, or both, to direct surface runoff away from the compost site and prevent effluent from contacting surface waters.
(10) For an animal production operation accumulating more than 20,000 pounds of mortality annually or any animal process operation, regardless of composting method, composting must be done in compliance with the following:
(a) All active, finished, curing, and cured compost at the site must be located in or on, 1 or both of the following:
(i) On an improved surface, as that term is defined by NRCS 313 Waste Storage Facility Conservation Practice Standard, and adopted by reference in R 287.651a, and designed to withstand anticipated loads from the equipment used for placement, aeration, and movement of compost.
(ii) In an in-vessel system.
(b) All effluent generated and runoff events during active composting and curing, not retained in the compost, must be managed in a manner consistent with all applicable federal, state, and local laws and with at least 1 of the following:
(i) Reintroduced into compost piles.
(ii) Collected and stored in a storage facility with a liner that meets the criteria defined in NRCS 313 Waste Storage Facility Conservation Practice Standard and adopted by reference in R 287.651a, and utilized for crop production in accordance with the recommendations in the 2023 Generally Accepted Agricultural Management Practices for Nutrient Utilization, as established in the Michigan right to farm act, 1981 PA 93, MCL 286.471 to 286.474, and published at: https://www.michigan.gov/mdard/- /media/Project/Websites/mdard/documents/environment/rtf/2023-GAMPS/2023- Nutrient-Utilization-GAAMPs.pdf.
(iii) Diverted to a treatment system meeting the criteria in NRCS 635 Wastewater Treatment Strip Conservation Practice Standard and adopted by reference in R 287.651a.
(iv) Other methods, as approved by the director.
(11) For an animal production operation accumulation less than 20,000 pounds of mortality annually, composting may be done without a structure or vessel provided the following conditions are met:
(a) A new composting site is selected for use annually. The following apply:
(i) Use of the current year’s site may continue until the compost is finished, but not more than 2 years after the time of the first dead animal addition, at which time the finished compost must be disposed of in accordance with subrule (10) of this rule.
(ii) No new tissue is added to a site after 1 year after the first dead animal addition.
(iii) A new site may be immediately adjacent to a previous site.
(iv) A previous site is not reused within a 10-year period.
(b) A new site is on land used in crop rotation.
(c) A new site is not directly above sub surfacing drains or tile.
(12) Active composting must maintain all of the following:
(a) Carbon-to-nitrogen ratio minimum of 15:1.
(b) Moisture content, range of 40% to 60%.
(c) At least 1 reading of a temperature greater than 130 degrees Fahrenheit after the initiation of a batch with the temperature measured at a depth of 1 foot into the compost once weekly. A temperature reading must be conducted twice per week for a rotating drum, continuous flow, in-vessel system.
(d) The following conditions must be met for active composting:
(i) Composting temperature may remain in a range of 100 degrees Fahrenheit to 150 degrees Fahrenheit for several weeks.
(ii) Properly timed aeration, moisture alterations, or both.
(iii) Each batch of animal tissue compost must undergo a minimum of 3 heat cycles of active composting before final utilization, unless the director determines fewer heat cycles are necessary for the elimination of the virus of concern based on guidance from the United States Department of Agriculture.
(iv) A static compost pile may be aerated passively, by periodic agitation, mixing or turning, or by using forced aeration.
(13) An individual shall manage the composting process in compliance with the guidelines described in the Michigan Animal Tissue Composting Operational Standards, as adopted by reference in R 287.651a, and all of the following:
(a) The composting process must be managed in batches. Composting mustinvolve controlled active and curing phases, temperature-based aeration, and a planned end point of not more than 2 years after the time of the first dead animal addition to a batch.
Complete curing is not required. Compost is considered finished based on its planned use as a soil amendment or rooting medium, and its aesthetic acceptability. In the context of animal tissue composting, finished and cured are different terms. Compost must be finished; however, complete curing is not required.
(b) Dead animals must be added to the compost batch within 24 hours following death.
(c) Afterbirth may be stored in closed impervious containers and must be added to the batch within 3 days after initiating container use.
(d) Initially, the compost pile or windrow mustbe constructed with a base of dry absorbent bulking agent that is at least 1 foot deep before any dead animal is added for composting. A base depth of 2 feet must be used for dead animals of greater than 600 pounds.
(e) Dead animals must not be placed in the pile or windrow closer than 6 inches to any edge or wall.
(f) Dead animals must be covered by a minimum of 6 inches of bulking agent and not be exposed.
(g) Pieces of hide remaining at the completion of curing mustbe removed and added to a new active compost batch or be disposed of under section 21 of 1982 PA 239, MCL 287.671, before the compost may be sold, transferred, or applied to crop land. In emergency composting situations, the Director may authorize the removal of unfinished compost to a new site.
(h) Large bones of mature animals remaining at the completion of curing must be crumbled during the mechanical spreading process, removed, and added to a new active compost batch, or disposed of under section 21 of 1982 PA 239, MCL 287.671, before the compost may be sold, transferred, or applied to crop land.
(i) Flies, rodents, pests, vermin, and other scavengers or predators must be controlled so as not to disrupt the compost piles or constitute a risk or health hazard to human or animal populations.
(j) Odors mustbe controlled in accordance with the Michigan Animal Tissue Composting Operational Standards, as adopted by reference in R 287.651a.
(14) The disposition of finished compost may be by direct application to soils, sale, or other transfer of ownership. Application to soils must be done in accordance with the recommendations within the 2023 Generally Accepted Agricultural and Management Practices for Nutrient Utilization, as specified in the Michigan right to farm act, 1981 PA 93, MCL 286.471 to 286.474, and published at https://www.michigan.gov/mdard/- /media/Project/Websites/mdard/documents/environment/rtf/2023-GAMPS/2023- Nutrient-Utilization-GAAMPs.pdf.
(15) In the interest of public health or animal health, the director may require that any compost be tested at a laboratory approved by the director for certain pathogenic organisms or any contaminant before the compost leaves the composing site.
(16) Unless otherwise authorized by the Director, composting dead animals must not be removed from the composting site, except as finished compost, unless the dead animal is disposed of in accordance with section 21 of 1982 PA 239, MCL 287.671.
(17) The owner or operator of the composting site shall keep records for 5 years containing the following information and make the records available to the director immediately on request:
(a) The start date of each compost batch.
(b) The approximate weight, maturity, and species of dead animals or afterbirth added each time an addition is made and the dates the tissue is added to new compost batches.
(c) The temperature of each batch measured weekly, taken at a minimum of 1 foot deep into the compost.
(d) The date or dates compost is mechanically aerated.
(e) The final disposition of finished compost, including the method, destination, date, and volume for the batch.
(18) A contingency plan to remedy problems and ensure the proper disposal of dead animals must be maintained at the compost site. The contingency plan must include all the following information:
(a) A list of the following:
(i) The location of telephone numbers and emergency numbers for the police, the fire department, and medical aid.
(ii) The individual or individuals responsible for the composting operation.
(b) An action plan for all of the following emergencies:
(i) Fire.
(ii) Wind.
(iii) Flood.
(c) Plans for the proper disposition of dead animals if composting is temporarily or permanently terminated.
History
- History: 1995 AACS; 2007 AACS; 2011 AACS; 2023 AACS.
Mich. Admin. Code R 287.656 Rescinded {#sec-r-287.656 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 287.656}
History
- History: 1999 AACS; 2007 AACS.
Mich. Admin. Code R 287.657 Anaerobic digestion {#sec-r-287.657 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 287.657}
Rule 7. (1) Unless otherwise approved by the director, anaerobic digestion methods shall accommodate either of the following:
(a) Normal daily natural mortality under common ownership.
(b) Dead animals under the management of licensed dead animal dealers.
(2) Anaerobic digestion technologies suitable for mortalities include plug flow and complete mix digester operating in the mesophilic and thermophilic temperature ranges.
(3) Anaerobic digestion systems shall consist of all of the following:
(a) Controlled input of organic digester feedstock.
(b) Controlled heating of digester feedstock, also known as digester contents.
(c) Control of digester vessel atmosphere. The headspace shall contain less than 5% oxygen.
(d) Biogas and digestate production.
(e) Biogas destruction.
(f) Digestate management in accordance with federal and state regulations.
(4) Digester feedstock is commonly referred to as influent or substrate. Acceptable digester feedstocks for anaerobic digesters in this state include the following:
(a) Livestock manure.
(b) Waste animal feed.
(c) Dead animals.
(d) Yard waste or grass clippings.
(e) Organic food processing waste.
(f) Waste grease/trap grease.
(g) Food waste intended for human consumption.
(h) By-products from ethanol, biodiesel, and algal production.
(i) Other digester feedstocks may be approved by the director of the Michigan department of environmental quality operating under a national pollutant discharge elimination system permit.
(5) Facilities operating under a national pollutant discharge elimination system permit shall comply with the terms and conditions of the permit when utilizing non-farm digester feedstocks for anaerobic digestion.
(6) A person shall manage an anaerobic digestion system treating dead animals in compliance with the guidelines described in the Michigan on-farm anaerobic digester operational handbook, as adopted by reference in R 287.651a, and in accordance with MCL 287.665.
(7) A qualified anaerobic digester operator. The operator of an anaerobic digester shall meet all of the following requirements:
(a) Possess the skills necessary to start, maintain, and troubleshoot an anaerobic digester.
(b) Complete the Michigan-on-farm anaerobic digester operator certification course.
(c) Obtain certification by the Michigan department of agriculture and rural development as an anaerobic digester operator. The Michigan on-farm anaerobic digester operator certification course provides instruction for persons seeking to obtain the skills and knowledge necessary to meet the Michigan department of agriculture and rural development's requirements for qualified digester operator certification. Information on course enrollment may be obtained from Michigan State University extension, (https://researchgroups.msu.edu/adrec) or the Michigan Department of Agriculture and Rural Development, P.O. Box 30017, Lansing, Michigan 48909.
(8) One or both of the following methods of anaerobic digestion shall be used:
(a) Plug flow anaerobic digester. A plug flow anaerobic digester is a long, narrow tank with a rigid or flexible cover. The tank is heated and often built partially underground to reduce heat loss. Use of plug-flow digesters is limited to higher solids feedstocks. Plug flow digesters are generally not mixed, however, in some cases mixing is used to facilitate the process.
(b) Complete mix anaerobic digester. A complete mix anaerobic digester is an enclosed heated tank with a mechanical, hydraulic, or gas mixing system. Complete anaerobic mix digesters are intended for slurry or liquid feedstocks. Mixing ranges from intermittent to continuous.
(9) Anaerobic digestion systems processing dead animals shall operate within the following parameters:
(a) Temperature: 95 degrees Fahrenheit to 145 degrees Fahrenheit.
(b) Hydraulic retention time: greater than 20 days.
(c) pH: 6.8 to 7.5.
(d) Volatile solids loading: in the range of 0.02 to 0.25 pounds of volatile solids per cubic foot.
(e) Total solids of the digester contents: not to exceed 20% (200,000 ppm).
(f) Modifications to the operating parameters require approval from the director and may occur when the director has sufficient evidence that the modifications will allow the process to work effectively without causing harm to humans or the environment.
(g) Processing is recommended to reduce dead animals prior to introduction into the anaerobic digesters. Particle size reduction to less than 2 inches in size improves heat transfer and exposes additional surface area for biological activity.
(h) All water used for or generated during particle size reduction must be put directly into digester or stored according to state regulations.
(i) Dead animals shall be added to the anaerobic digester within 24 hours following death.
(j) Afterbirth may be stored in closed impervious containers and shall be added to the anaerobic digester within 3 days of initiating container use.
(k) The anaerobic digestion systems site shall maintain the following minimum isolation distances:
(i) Two hundred feet from waters of the state as defined in R 287.651(1)(u)(i) to (viii).
(ii) Two feet above the seasonal highwater table, as defined by NRCS 313 Waste Storage Facility Conservation Practice Standard, and adopted by reference in R 287.651a.
(iii) Not within a 10-year time-of-travel zone designated as a wellhead protection area as recognized by the Michigan department of environmental quality, pursuant to the program established under the Michigan safe drinking water act, PA 399 of 1976, MCL 325.1001 to 325.1023, unless approved by the local unit of government administering the wellhead protection program. Where no designated wellhead protection area has been established, construction shall not be closer than the minimum isolation distance as stated on the well permit for a Type I or Type IIa public water supply. Facilities shall not be constructed closer than 800 feet to a Type IIb or Type III public water supply unless the structure is located in accordance with Table 1 of the Natural Resources Conservation Service Technical Guide Waste Storage Facility (No) 313.
(iv) Two hundred feet from nearest non-farm residence.
(l) The disposition of digestate may be by direct application to soils, sale, or other transfer of ownership. Application to soils shall be done in accordance with the recommendations within the Generally Accepted Agricultural and Management Practices for Nutrient Utilization, January 2010, as specified in 1981 PA 93, MCL 286.471, and published at http://michigan.gov/mda/0,1607,7-125-1567_1599_1605-70361--,00.html.
(m) In the interest of public health or animal health, the director may require that any digestate be tested at a laboratory approved by the director for certain pathogenic organisms or any contaminant at any time before the digestate is land applied.
(n) The owner or operator of the anaerobic digester shall keep records for 5 years containing the following information and shall make the records available to the director immediately upon request:
(i) The approximate weight, maturity, and species of dead animals or afterbirth added each time an addition is made and the dates the tissue is added to new batches.
(ii) The daily input mass or volume of all digester feedstocks.
(iii) The daily temperature digester contents.
(iv) Daily biogas production information.
(v) Quarterly biogas composition information.
(vi) System maintenance and operation logs.
(vii) Design and construction documents showing the as-built capacity of the anaerobic digester (viii) The final disposition of digestate, including the method, destination, date, and volume for the batch.
(ix) A contingency plan to remedy problems and ensure the proper disposal of dead animals by anaerobic digestion. The contingency plan shall include all of the following information:
(A) A contingency plan shall be prepared to describe how digester contents will be managed in the event of a biological failure. The contingency plan shall identify at a minimum how to restart the digester, and how state regulations will be followed in the event that the digester cannot be restarted. The plan shall include management of dead animals and digester contents if operation of anaerobic digestion is interrupted or terminated.
(B) A list of both of the following:
(1) The location of telephone numbers for and emergency numbers for the police, the fire department, and medical aid.
(2) The person or persons responsible for operation of the anaerobic digester.
(C) An action plan for all of the following emergencies:
(1) Fire.
(2) Wind.
(3) Flood.
(4) Other mechanical failures.
Editor's Note: An obvious error in R 287.657(6) was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2011 MR 11. The memorandum requesting the correction was published in Michigan Register, 2011 MR 20.
History
- History: 2011 AACS.
R 287.701 to R 287.713 Animal Industry
Mich. Admin. Code R 287.701 Definitions {#sec-r-287.701 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 287.701}
DEPARTMENT OF AGRICULTURE
ANIMAL INDUSTRY DIVISION
ANIMAL INDUSTRY
(By authority conferred on the department of agriculture by section 45 of Act No. 466 of the Public Acts of 1988, as amended, being S287.745 of the Michigan Compiled Laws)
Rule 1. As used in these rules:
(a) "Act" means Act No. 466 of the Public Acts of 1988, as amended, being S287.701 et seq. of the Michigan Compiled Laws.
(b) "Cattle importation lot" means a premises used only to feed, in preparation for slaughter, non-native cattle that are capable of reproduction that do not meet the importation requirements for breeding and dairy purposes. Livestock confined to a cattle importation lot are not eligible to achieve native status.
(c) "Commingle" means concurrently or subsequently sharing or subsequent use by native livestock of the same pen or pens or same section or sections in a facility or same section or sections in a transportation unit or units where there is physical contact with other livestock or contact with bodily excrements or fluids from other livestock.
(d) "Department" means the Michigan department of agriculture.
(e) "EIA" means equine infectious anemia.
(f) "Official (vaccination) ear tag" means an ear tag that conforms to the 9 character alphanumeric national uniform ear-tagging system.
(g) "USDA" means the United States department of agriculture.
(h) "USDA, APHIS, VS" means the United States department of agriculture, animal and plant health inspection service, veterinary services.
History
- History: 1994 AACS.
Mich. Admin. Code R 287.702 Indemnification of livestock {#sec-r-287.702 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 287.702}
Rule 2. (1) The director may order the slaughter, destruction, or disposition of livestock to control or eradicate livestock disease or toxicological contamination or to protect public health.
(2) An owner of livestock that are ordered slaughtered, destroyed, or disposed of due to diseases or toxicological contamination may apply for indemnification within the limits described in section 14 of the act. The application shall be made on forms supplied by the department and the application shall be filed with the department. All of the following information shall accompany the application:
(a) An affidavit signed by the owner attesting to the amount of compensation received or to be received from any other source for the livestock ordered slaughtered, destroyed, or disposed of.
(b) All records that indicate other sources of indemnity.
(c) Registration papers.
(d) Names and addresses of all persons to whom or from whom the owner has transferred animals within a time period determined by the director.
(e) Signed permission allowing the breed association or associations to disclose information requested by the director.
(f) An executed and signed subrogation agreement assigning to the state the ownership of a cause of action to recover damages for the loss up to the amount of indemnification paid to the owner pursuant to the act.
History
- History: 1994 AACS.
Mich. Admin. Code R 287.703 Importation, distribution, and use of veterinary biologicals {#sec-r-287.703 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 287.703}
Rule 3. (1) Any person, agency, or company that desires to import into this state or to distribute intrastate, for experimental or field trial use, any veterinary biological that is not conditionally or unconditionally licensed by the USDA shall request and obtain permission from the director to do so.
(2) All of the following information is required when requesting permission to distribute, in this state, veterinary biologicals which are conditionally or unconditionally licensed by the USDA or which have import permits for distribution and sale issued by the USDA.
(a) A copy of the current USDA license.
(b) Any restrictions set forth by the USDA.
(c) A complete product name--generic and trade.
(d) Product information, including directions for use.
(e) Slaughter withdrawal times, if applicable.
(3) Veterinary biologicals for experimental or field trial purposes shall be shipped only to veterinarians. Veterinary biologicals for experimental or field trial purposes shall be used only by the veterinarians to whom the product is shipped or by individuals who are under the direct supervision of the veterinarians to whom the product is shipped.
(4) A report of each requested shipment shall be made to the department by the person, agency, or company consigning, shipping, or transporting veterinary biologicals for experimental or field trial purposes into or within this state. The report shall be filed with the department within 5 working days of the shipment. The report shall contain all of the following information:
(a) The quantity consigned, shipped, or transported.
(b) The expiration date of the product.
(c) The complete name of the veterinary biological.
(d) The name and address of the recipient veterinarian.
(5) Any person, agency, or company that requests permission to import or distribute intrastate a veterinary biological to be administered for experimental or field trial purposes to animals owned by the public shall submit, to the department, a written statement which shall be given to the owner of the animals before the administration, prescription, or distribution of the veterinary biological and which states both of the following:
(a) That the veterinary biological to be administered, prescribed, or dispensed to an animal or animals is an experimental or field trial veterinary biological.
(b) That the veterinary biological has not been approved by the USDA or the department for unconditional distribution or use.
(6) Any person, agency, or company that requests permission to import or distribute intrastate a veterinary biological for experimental or field trial purposes shall not hold the department responsible for any liability or injury to humans or animals or for loss of any animals.
(7) Any person, agency, or company that requests permission to import or distribute intrastate a veterinary biological for experimental or field trial purposes shall report any adverse reactions to the department within 5 working days.
(8) Determination of distribution of veterinary biologicals for experimental or field trial purposes shall be based upon, but not limited to, the following criteria:
(a) Need for the product by the animal industry.
(b) Safety of the product for the target animal species.
(c) Safety of the product for the person or persons who administer the biological.
(d) Safety of the human food chain when the veterinary biological is used in foodproducing animals.
(9) The director may limit the distribution of a veterinary biological for experimental or field trial purposes to certain geographical areas within this state and for specific time periods.
(10) The director may at any time revoke permission to distribute veterinary biologicals for experimental or field trial purposes.
History
- History: 1994 AACS.
Mich. Admin. Code R 287.704 Prevention of certain reportable contagious diseases in animals {#sec-r-287.704 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 287.704}
Rule 4. To prevent the spread of certain contagious and infectious reportable diseases among animals, the director may require that a vehicle used to transport animals that are confirmed to be affected by a contagious or infectious reportable disease be thoroughly cleaned and disinfected in an approved manner with a disinfectant approved by the department before the vehicle is again used for any purpose.
History
- History: 1994 AACS.
Mich. Admin. Code R 287.705 Public exhibition of livestock {#sec-r-287.705 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 287.705}
Rule 5. (1) Livestock that have a known exposure to, or that show clinical signs of, infectious, contagious, or toxicological disease, as determined by a veterinarian, shall not be displayed or housed at an exhibition, exposition, or fair unless permission to do so is granted by the director.
(2) The exhibition, exposition, or fair authority is responsible for ensuring that the livestock are removed from the premises.
History
- History: 1994 AACS.
Mich. Admin. Code R 287.706 Tuberculosis and brucellosis testing of livestock {#sec-r-287.706 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 287.706}
Rule 6. (1) Tuberculosis and brucellosis testing of livestock shall be conducted only by accredited veterinarians.
(2) Any veterinarian who conducts, within this state, a tuberculin test or a brucellosis test on any livestock, except poultry, shall individually identify each animal tested by an USDA, APHIS, VS official ear tag, anear tattoo number for registered livestock only, or a method approved by the director. The tag shall be inserted in the right ear, unless some physical problem precludes use of the right ear.
(3) A complete record of the test shall be accurately completed on forms provided by the department and shall be filed with the department within 5 working days after completion of the test.
History
- History: 1994 AACS.
Mich. Admin. Code R 287.707 Official brucellosis calfhood vaccinate {#sec-r-287.707 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 287.707}
Rule 7. (1) Only an accredited veterinarian may brucellosis vaccinate a calf and tattoo a calf with the United States registered shield.
(2) Only an approved brucella veterinary biological, at a dosage that is approved by the USDA and the department, shall be administered.
(3) Only female cattle that are between the ages of 4 and 8 months (120 to 269 days) may be brucellosis vaccinated.
(4) All calves officially vaccinated in accordance with the provisions of section 42(1), (2), (3), (4), and (5) of the act shall be individually identified at the time of vaccination by an official vaccination ear tag placed in the right ear, unless some physical problem precludes use of the right ear. If the animal is already identified with an official ear tag before vaccination, an additional official ear tag is not required. A legible identification tattoo that is placed in the right ear of a calf may be used in place of an official vaccination ear tag.
The calf and tattoo shall be recognized by an organized breed registry. The identification tattoo shall be recorded on the official brucellosis vaccination certificate and the calf shall be designated as a purebred animal.
(5) A calf that is officially vaccinated in accordance with the provisions of section 42(1), (2), (3), (4), and (5) of the act shall be tattooed with the United States registered shield in the right ear at the time of vaccination. The tattoo shall show the quarter of the year and the year in which the calf was vaccinated. The first quarter of the year (January, February, March) shall be designated by the number 1; the second quarter (April, May, June) by the number 2; the third quarter (July, August, September) by the number 3; and the fourth quarter (October, November, December) by the number4. The year shall be designated by the last digit of the year. The letter "V" surrounded by a United States registered shield shall be placed between the numbers or letters designating the quarter of the year and the year in which the calf was vaccinated.
(6) An accredited veterinarian who vaccinates a female calf for brucellosis shall submit the official brucellosis vaccination certificate to the department within 10 working days after the vaccination is administered.
History
- History: 1994 AACS.
Mich. Admin. Code R 287.708 Pullorum testing of poultry for exhibition, expositions, or fairs {#sec-r-287.708 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 287.708}
Rule 8. (1) Poultry that requires a negative pullorum test status for exhibition, expositions, or fairs, as determined by the national poultry improvement plan, shall be accompanied by proof of current negative pullorum test status or, upon arrival, be immediately tested to be pullorum negative before caging at the exhibition, exposition, or fair.
(2) At poultry exhibitions, expositions, or fairs that conduct the sale of live poultry, the seller is responsible for providing current pullorum test documentation before a purchaser removes the poultry from the exhibition, exposition, or fair.
(3) Any of the following may be used as proof of current pullorum test status:
(a) Hatchery source documents.
(b) Entire flock or bird test reports.
(c) USDA, APHIS, VS form 9-2.
(d) USDA, APHIS, VS form 9-3.
(e) The department's official avian test record, AI-013.
(4) A statement that is signed by the owner shall be provided for each entry and shall state that the poultry presented are the same poultry identified on the pullorum test documents and that, since their most recent negative pullorum test, the poultry have not been in contact with, or exposed to, other poultry that have not tested pullorum negative.
History
- History: 1994 AACS.
Mich. Admin. Code R 287.709 Prevention and suppression of tuberculosis in poultry {#sec-r-287.709 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 287.709}
Rule 9. (1) If tuberculous infected poultry, confirmed by histopathology or culture, are found in any flock, the entire flock may be considered as infected.
(2) An owner of tuberculous infected poultry shall handle and dispose of his or her flock in a manner approved by the director.
(3) Poultry houses, facilities, and premises that have housed tuberculous poultry shall be thoroughly cleaned and disinfected by the owner or agent, under the supervision of the director, immediately after disposition of the diseased flock.
(4) The director may allow for the use of a USDA-approved tuberculin test for the purpose of freeing the flock from infection.
(5) Poultry from infected flocks shall not be disposed of without permission from the director.
History
- History: 1994 AACS.
Mich. Admin. Code R 287.710 Rescinded {#sec-r-287.710 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 287.710}
History
- History: 1994 AACS; 2013 AACS.
Mich. Admin. Code R 287.711 Public stockyards, auction sale yards, and livestock yards {#sec-r-287.711 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 287.711}
Rule 11. (1) Cattle not native to this state may be sold through livestock auctions, as defined and licensed pursuant to the provisions of Act No. 284 of the Public Acts of 1937, as amended, being S287.121 et seq. of the Michigan Compiled Laws, to any premises in the state if the cattle meet all of the following requirements:
(a) The cattle shall be individually uniquely identified.
(b) The cattle shall have a prior entry permit.
(c) The cattle shall be accompanied by an official interstate health certificate or official interstate certificate of veterinary inspection.
(d) The cattle shall originate directly from a state that is declared free of bovine brucellosis for the last 6 years by the USDA.
(e) The cattle shall originate directly from a state that is declared free of bovine tuberculosis by the USDA.
(2) Nonnative cattle which are capable of reproduction and which do not meet all of the requirements specified in subrule (1) of this rule may be sold at a livestock auction in this state as defined and licensed pursuant to the provisions of Act No. 284 of the Public Acts of 1937, as amended, being S287.121 et seq. of the Michigan Compiled Laws, if the cattle meet all of the following requirements:
(a) The cattle shall be individually uniquely identified.
(b) The cattle shall have a prior entry permit.
(c) The cattle shall be accompanied by an official interstate health certificate or an official interstate certificate of veterinary inspection.
(d) The consignor shall receive permission from the director to move the cattle to the livestock auction and shall inform the livestock auction manager that the cattle are nonnative cattle.
(e) The cattle shall be sold only for slaughter or to a cattle importation lot.
(f) While in the livestock auction facility, the cattle shall not be commingled with other livestock.
(3) Upon request by the director, notification of the purchaser's name or names and the destination or destinations of nonnative cattle which are capable of reproduction and which are sold through a livestock auction shall be made available to the department within 6 working days. Notification shall include all of the following information:
(a) The complete name or names of the purchaser or purchasers.
(b) The complete address or addresses of the purchaser or purchasers.
(c) The date of the purchase or purchases.
(d) The breed.
(e) The number of head.
(f) The destination address or addresses if different from the purchaser's address or addresses.
History
- History: 1994 AACS.
Mich. Admin. Code R 287.712 Cattle importation lots {#sec-r-287.712 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 287.712}
Rule 12. (1) Cattle importation lots shall be registered with the department on an application form provided by the department.
(2) A cattle importation lot may be a designated lot, parcel, pasture, premises, facility, or confined area.
(3) Registration shall not be issued unless the importation lot has been inspected by the director and found to meet all of the following requirements:
(a) A cattle importation lot shall be constructed and operated to prohibit cattle in the importation lot from making contact with, or disseminating a contagious or infectious disease to, livestock other than cattle in the importation lot.
(b) Livestock other than cattle in the importation lot shall not have access to manure or other waste material from the cattle importation lot.
(c) Drainage from a cattle importation lot shall not be permitted to flow into areas accessible to livestock other than cattle in the importation lot.
(d) A cattle importation lot shall be maintained in a condition free from the excessive accumulation of manure or waste material.
(4) Cattle which are capable of reproduction, which originate directly from states that are not declared free of bovine brucellosis for the last 6 years by the USDA or which originate directly from states that are not declared free of bovine tuberculosis by the USDA, and which do not go directly to slaughter shall be placed in an importation lot.
(5) Cattle which are capable of reproduction and which are imported into this state shall be accompanied by both of the following:
(a) An official interstate health certificate or official interstate certificate of veterinary inspection, which shall be given to the consignee at the point of destination.
(b) A prior entry permit.
(6) Nonnative cattle which are capable of reproduction and which enter this state shall be individually uniquely identified on the official interstate health certificate or official interstate certificate of veterinary inspection. The individual unique identification shall be either of the following:
(a) A USDA, APHIS, VS official ear tag.
(b) A USDA, APHIS, VS-approved backtag.
(7) Within 10 working days after importation into this state, cattle which are capable of reproduction and which have been individually uniquely identified with a USDA, APHIS, VS-approved backtag shall be permanently identified with an official ear tag.
(8) The official ear tag shall be recorded by the consignee at the point of destination on the official interstate health certificate or official certificate of veterinary inspection. The recording shall be done in a manner so that cattle which are imported into this state and which are identified by a USDA, APHIS, VS-approved backtag will correspond to the USDA, APHIS, VS official ear tag.
(9) The consignee shall forward to the department, within 10 working days after the importation into this state of cattle that are capable of reproduction, a copy of the official interstate health certificate or official certificate of veterinary inspection indicating that each animal is individually uniquely identified by a USDA, APHIS, VS official ear tag.
(10) A copy of the official interstate health certificate or official certificate of veterinary inspection shall be kept filed in the records of the consignee at the point of destination of the cattle until the cattle have been sent to slaughter or have died.
(11) The consignee of imported cattle that are capable of reproduction shall not remove any existing USDA, APHIS, VS official ear tags that are on the cattle at the time of importation into this state.
(12) The existing USDA, APHIS, VS official ear tags may be used as the required permanent identification, or the consignee at the point of destination shall comply with the requirement for permanent identification by placing a second USDA, APHIS, VS official ear tag in ears of cattle which are capable of reproduction and which are imported into this state. The official ear tags shall be recorded on the official interstate health certificate or official certificate of veterinary inspection as prescribed in these rules.
(13) If a female bovine gives birth while in a cattle importation lot, the calf shall not leave the importation lot and shall go only directly to slaughter, unless permission is granted by the director to move the calf to another premises.
(14) Aborted fetuses in an importation lot shall be disposed of in compliance with the provisions of section 57 of Act No. 328 of the Public Acts of 1931, as amended, being S750.57 of the Michigan Compiled Laws.
(15) Nonnative cattle which are capable of reproduction and which are kept in importation lots may move from an importation lot only as follows:
(a) Directly to another importation lot by direct private sale.
(b) To another importation lot through livestock auction sales if the cattle do not commingle with other livestock in the livestock auction market.
(c) To slaughter by direct shipment.
(d) To slaughter through a livestock auction sale if the cattle do not commingle with other livestock in the livestock auction market.
(16) Records shall be maintained in an orderly and current manner and be available for the director to inspect at any time.
(17) The director has the authority to inspect the records of any cattle importation lot at any time to determine the origin of any cattle handled by the cattle importation lot.
(18) Importation lot records shall include all of the following information:
(a) Individual unique identification of cattle that are capable of reproduction.
(b) The date individual cattle were purchased.
(c) The complete name or names and address or addresses of the individual or individuals from whom the cattle were purchased.
(d) The complete street address or addresses of the premises from which the cattle originated.
(e) The complete name and street address of the slaughterhouse or person to whom the cattle are sold.
History
- History: 1994 AACS.
Mich. Admin. Code R 287.713 Identification of swine in livestock auctions or collection points {#sec-r-287.713 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 287.713}
Rule 13. All swine presented to a livestock auction or collection point that is licensed pursuant to the provisions of Act No. 284 of the Public Acts of 1937, as amended, being S287.121 et seq. of the Michigan Compiled Laws shall be considered to have entered interstate commerce and shall be identified before sorting in accordance with the provisions specified in 9 C.F.R. part 71 and all amendments adopted as of the effective date of these rules.
History
- History: 1994 AACS.
Human Food Division Human Food Division
R 289.570.1 to R 289.570.6 Regulation No. 570. Food Establishment Manager Certification
Mich. Admin. Code R 289.570.1 Definitions {#sec-r-289.570.1 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 289.570.1}
DEPARTMENT OF AGRICULTURE
FOOD AND DAIRY DIVISION
REGULATION NO. 570, FOOD ESTABLISHMENT MANAGER
CERTIFICATION
(By authority conferred on the department of agriculture by section 2129 of 2000 PA 92, MCL 289.2129)
Rule 1. Terms defined in 2000 PA 92, MCL 289.1101 to 289.8111, have the same meaning when used in these rules. As used in these rules:
(a) "Accredited certification program" means the "Standards for Accreditation of Food Protection Manager Certification Programs As Amended by the 2008 Biennial Conference for Food Protection." The standards may be obtained by writing the Conference for Food Protection at 1302 Silver Spur Circle, Lincoln, CA. 95648 or by visiting www.foodprotect.org. The term includes the following:
(i) Refers to the certification process and is a designation based upon an independent evaluation of factors such as the sponsor's mission; organizational structure; staff resources; revenue sources; policies; public information regarding program scope, continued proficiency, discipline and grievance procedures; and test development and administration.
(ii) Does not refer to training functions or educational programs.
(b) "Certified manager" means a food establishment managerial employee who is currently certified under a personnel certification program accredited by the American national standards institute, utilizing the conference for food protection standards.
(c) "Department" means the Michigan department of agriculture.
(d) "Director" means the director of the Michigan department of agriculture or his or her designee.
(e) "Food code" means food code, 2005 recommendations of the food and drug administration of the United States public health service that regulates the design, construction, management, and operation of certain food establishments, as adopted by the food law, 2000 PA 92, MCL 289.1101 to 289.8111. The food code may be obtained by writing the Michigan department of agriculture, food and dairy division at P.O. Box 30017, Lansing, MI. 48909 or by visiting www.michigan.gov/mda.
(f) "Food employee" means an individual working with unpackaged food, food equipment or utensils, or food-contact surfaces.
(g) "Food establishment" means an operation where food is processed, packed, canned, preserved, frozen, fabricated, stored, prepared, served, sold, or offered for sale. Food establishment includes a food processing plant, a food service establishment, and a retail grocery. Food establishment does not include any of the following:
(i) A charitable, religious, fraternal, or other nonprofit organization operating a homeprepared baked goods sale or serving only home-prepared food in connection with its meetings or as part of a fund-raising event.
(ii) An inpatient food operation located in a health facility or agency subject to licensure under article 17 of the public health code, MCL 333.20101 to 333.22260.
(iii) A food operation located in a prison, jail, state mental health institute, boarding house, fraternity or sorority house, convent, or other facility where the facility is the primary residence for the occupants and the food operation is limited to serving meals to the occupants as part of their living arrangement.
(h) "Full time" means an employee that works an average of 30 hours per week, or 75% of the operating hours if the establishment operates less than 40 hours per week.
(i) "Nonpublic school" means a private, denominational, or parochial school.
(j) "Person in charge" means the individual present at a food establishment who is responsible for the operation at the time of inspection.
(k) "Public school" means a public elementary or secondary educational entity or agency that is established under 1976 PA 451, MCL 380.1 to 380.1853, has as its primary mission the teaching and learning of academic and vocational-technical skills and knowledge, and is operated by a school district, local act school district, special act school district, intermediate school district, public school academy corporation, strict discipline academy corporation, urban high school academy corporation, or by the department or state board.
Public school also includes a laboratory school or other elementary or secondary school that is controlled and operated by a state public university described in Mich. Const., Art.
VII, sections 4, 5, or 6.
History
- History: 2009 AACS.
Mich. Admin. Code R 289.570.2 Certified manager; obtaining, maintaining, and replacing duties {#sec-r-289.570.2 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 289.570.2}
Rule 2. (1) Food establishments required to have a certified manager under section 29 of the food law, 2000 PA 92, MCL 289.2129, shall continually employ at least 1 certified manager. The certified manager shall be a full-time employee of the establishment. The certified manager need not be present during all hours of operation. If more than 1 food establishment operated by the same person is located on the same property or contiguous properties, only 1 manager is required to be certified if that manager performs the duties under subrule (4) of these rules for each establishment. The establishment shall assure that recertification requirements are met before certification expires.
(2) Upon loss of a certified manager or a change of ownership, a new certified manager must be employed within 90 days of the date of the loss of the previous certified manager.
(3) Newly licensed establishments required to have a certified manager shall employ a certified manager by the first day of operation.
(4) Each food establishment required to employ a certified manager shall employ a certified manager who has direct authority, or exercises control or supervision, over the food employees. The certified manager shall be involved in the daily operations of the establishment and carry out the person-in-charge duties described in food code sections 2- 102.11, 2-103.11, 2-201.11, 2-201.12 and 2-201.13.
History
- History: 2009 AACS.
Mich. Admin. Code R 289.570.3 Certified manager; certificates, records {#sec-r-289.570.3 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 289.570.3}
Rule 3. (1) Valid original or duplicate certificates of certified managers shall be maintained at the establishment and be made available for inspection upon request.
(2) The director may request other records be provided to verify compliance with these rules such as payroll records, work schedules, or valid identification. An establishment shall provide copies of records requested in this subrule within 3 business days of the request.
History
- History: 2009 AACS.
Mich. Admin. Code R 289.570.4 Conflict with applicable local laws; cooperation {#sec-r-289.570.4 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 289.570.4}
Rule 4. (1) Local regulations may be established that do not conflict with these rules including, but not limited to, registration of individuals, enforcement, and penalties. The department may coordinate with local authorities and share information in the enforcement of these rules and regulations.
(2) Provisions of local regulations in effect prior to April 1, 2008 that are more restrictive than those provided under MCL 289.2129 (1)(a), or these rules, may remain in effect.
History
- History: 2009 AACS.
Mich. Admin. Code R 289.570.5 Variances {#sec-r-289.570.5 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 289.570.5}
Rule 5. (1) The department may grant a statewide variance to a group of establishments by modifying or waiving the requirements of section 2129 of 2000 PA 92, MCL 289.2129, or these rules.
(2) The director may grant a variance to an individual food establishment by modifying or waiving the requirements of section 2129(1) of 2000 PA 92, MCL 289.2129, or these rules.
(3) Variance justification and procedures shall follow food code sections 8-103.10 and 8- 103.11.
History
- History: 2009 AACS.
Mich. Admin. Code R 289.570.6 Enforcement {#sec-r-289.570.6 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 289.570.6}
Rule 6. (1) To allow for development of the necessary training infrastructure, the enforcement of these rules for public and nonpublic schools shall be delayed until 2 years after the effective date of these rules.
(2) Based on an assessment of the necessary training infrastructure, the director may develop agency specific plans and phase-in enforcement for establishments other than schools between 6 months and 2 years after the effective date of these rules. The assessment may include the preexistence of similar local regulations, a determination of the level of course access that exists within the agency's geographic area and the overall level of compliance by regulated establishments.
History
- History: 2009 AACS.
Producers Services Division Producers Services Division
R 290.101 to R 290.106 Accreditation and Regulation of Associations
Mich. Admin. Code R 290.101 Definition of perishable fruits and vegetables {#sec-r-290.101 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 290.101}
DEPARTMENT OF AGRICULTURE
MARKETING AND COMMUNICATION DIVISION
ACCREDITATION AND REGULATION OF ASSOCIATIONS
(By authority conferred on the agricultural marketing and bargaining board by section 3 of Act No. 344 of the Public Acts of 1972, being S290.703 of the Michigan Compiled Laws)
Rule 1. Perishable fruits and vegetables for which an association may seek accreditation are agricultural commodities that are readily susceptible to deterioration and decay or which may be protected by refrigeration, icing, ventilation, or protected from the cold, and that could be produced in commercial quantities in this state. These include, but are not limited to, apples, cherries, grapes, peaches, apricots, pears, plums, nectarines, strawberries, blueberries, raspberries, tomatoes, cucumbers, asparagus, snap beans, lima beans, cabbage, peas, cantaloupes, watermelons, carrots, cauliflower, celery, sweet corn, potatoes, lettuce, onions, peppers, squash, pumpkin, sweet potatoes, broccoli, brussels sprouts, eggplant, spinach, beets, rhubarb, watercress, parsnips, and turnips.
History
- History: 1979 AC.
Mich. Admin. Code R 290.102 Marketing period of agricultural commodities {#sec-r-290.102 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 290.102}
Rule 2. The determination of the marketing period shall be stated in the agricultural marketing and bargaining board's preliminary declaration of accreditation of an association and, although it may subsequently be changed by the board in view of the evidence than an alternative period would be more appropriate, it will generally be determined as follows:
(a) The first day of the marketing period of an agricultural commodity that is delivered for sale shall be the earliest date in the previous 5 years when the commodity was first delivered by a producer in the bargaining unit to a handler. The last day of the period shall be the latest date of the preceding 5 years when the last delivery of the commodity by a producer in the bargaining unit was made.
(b) The first day of the marketing period of an agricultural commodity, produced and marketed under contract for future delivery of substantially all of a crop or periodic production of the commodity, shall be a date 150 days prior to the earliest date in the preceding 5 years when the commodity was first delivered by a producer in the bargaining unit to a handler. The last day of the period shall be the latest date in the preceding 5 years when the last delivery of the commodity by a producer in the bargaining unit was made.
History
- History: 1979 AC.
Mich. Admin. Code R 290.103 Determination of minimum value at first point of sale {#sec-r-290.103 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 290.103}
Rule 3. The minimum value at first point of sale for an agricultural commodity that a person must have produced to be a producer of a commodity and included in a bargaining unit for the commodity shall be $1,250.00.However, the agricultural marketing and bargaining board may determine that the minimum value at first point of sale should be larger or smaller based upon the evidence at the board's hearing to determine whether a proposed bargaining unit for the commodity is appropriate.
History
- History: 1979 AC.
Mich. Admin. Code R 290.104 Application fee {#sec-r-290.104 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 290.104}
Rule 4. An application fee for accreditation of an association is $175.00 for the administrative cost plus 25 cents for mailing and notification costs for each person who has previously produced sufficient quantity of the agricultural commodity to meet or exceed the minimum value at first point of sale as established by the board. Payment of the application fee, including the mailing and notification costs, must accompany all requests for accreditation.
History
- History: 1979 AC.
Mich. Admin. Code R 290.105 Annual reports of accredited associations {#sec-r-290.105 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 290.105}
Rule 5. Each accredited association shall file an annual report with the agricultural marketing and bargaining board 60 days prior to the stated marketing period of the year of accreditation and each year thereafter. The report shall include:
(a) The names and addresses of members of the marketing and bargaining committee of the association and evidence that they meet the criteria established for eligibility for such committees.
(b) An accounting of expenses of the association in providing marketing services.
(c) A copy of the most recent annual financial statement.
(d) Fees to members and nonmembers.
(e) Any changes in bylaws since the previous annual report.
(f) Verification that all conditions specified under section 7 of Act No. 344 of the Public Acts of 1972 are met.
History
- History: 1979 AC.
Mich. Admin. Code R 290.106 Marketing service fees {#sec-r-290.106 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 290.106}
Rule 6. Marketing service fees for marketing and bargaining services provided producers in the bargaining unit shall be based solely upon the cost incurred by the association in providing the services. The fees shall not exceed 3% of the gross value of the commodity at time of sale and shall not include costs of services to members that do not benefit nonmembers.
History
- History: 1979 AC.
R 325.3601 to R 325.3699 Agricultural Labor Camps
Mich. Admin. Code R 325.3601 Definitions {#sec-r-325.3601 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 325.3601}
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
ENVIROMENTAL STEWARDSHIP DIVISION
AGRICULTURAL LABOR CAMPS
(By authority conferred on the department of public health by section 12421 of Act No. 368 of the Public Acts of 1978, as amended, being S333.12421 of the Michigan Compiled Laws, and transferred to the Department of Agriculture and Rural Development in Executive Order 2017-7).
Rule 1. (1) As used in these rules or sections 12401 through 12434 of the act, or both:
(a) "Act" means the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.
(b) "Agreement" means an offer and acceptance arrangement between an applicant for a grant and the department.
(c) "Camp" means an agricultural labor camp that is licensable under authority of the act.
(d) "Department" means the state department of agriculture and rural development.
(e) "Director" means the state director of agriculture and rural development or his or her designated representative.
(f) "Double-wall construction" means frame or pole-type construction walls that are covered with a smooth, cleanable, rigid material on the interior surface of the supporting studs or poles and by siding on the exterior surface of the walls' structural members.
Cement block and poured concrete walls are considered double-wall construction.
(g) "Garbage" means putrescible animal and vegetable wastes resulting from handling, preparing, cooking, and consuming food.
(h) "Grant" or "state grant" means money from the migratory labor housing fund that is made available to an employer of migratory laborers for not more than 50% of the cost of an extensive remodeling project that does not cost more than $10,000.00. Projects that cost more than $10,000.00 are acceptable; however, the grant must be based upon a $10,000.00 portion of the construction cost of the project.
(i) "Grantee" means an individual, corporation, partnership, association, or any combination thereof that operates or proposes to operate an agricultural labor camp under the act, that applies for a grant pursuant to the act, and that has signed an acceptance agreement with the department.
(j) "Habitable space" means a room or enclosed floor space that is used or intended to be used at a camp for living, sleeping, cooking, or eating purposes, but does not mean any of the following:
(i) A bathroom.
(ii) A toilet compartment.
(iii) A laundry.
(iv) A pantry.
(v) A foyer.
(vi) A connecting corridor.
(vii) A closet.
(viii) Storage space.
(k) "Hot water" means water that has been heated to not less than 110 degrees Fahrenheit and not more than 120 degrees Fahrenheit.
(l) "Housing" means a building or portion of a building that is offered as shelter for migratory laborers and facilities suchas water supply, sewage disposal, showers, and camp area.
(m) "Refuse" means putrescible and nonputrescible solid waste, including garbage, rubbish, and ashes. "Refuse" does not mean body waste.
(n) "Sewage" means liquid waste and includes human excreta, waste from a sink, lavatory, bathtub, shower, or laundry, and any other liquid waste of organic or chemical nature, either separately or in any combination.
(o) "Shelter" means a building or part of a building, a tent, or a trailer that is used for sleeping or living quarters at an agricultural labor camp.
(p) "Tempered water" means hot water that has been cooled by adding cold water with a mixing device so that the water temperature is between 95 and 100 degrees Fahrenheit.
(q) "Toilet facilities" means water closets, urinals, lavatories, and the rooms provided for installation of these units and privies.
(r) "Unisex facility" means a facility that is located in a completely enclosed room with a door that can be locked from the inside and that has an entrance that is accessible to both sexes at all times.
(2) The terms defined in the act have the same meaning when used in these rules.
History
- History: 1989 AACS; 2018 AACS.
Mich. Admin. Code R 325.3603 Advisory board {#sec-r-325.3603 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 325.3603}
Rule 3. (1) The director shall appoint an advisory board to advise him or her on the administration of the act and these rules. The board shall consist of 14 individuals, 5 of whom shall be growers who employ migratory laborers or representatives of growers who employ migratory laborers and not less than 5 of whom shall be migratory laborers, former migratory laborers, or representatives of migratory laborers. Each member shall serve at the pleasure of the director, but shall not serve more than 4 years unless reappointed.
(2) The advisory board shall meet at the call of the director, except that the director shall call a meeting at the request of any 5 members of the board.
History
- History: 1989 AACS.
Mich. Admin. Code R 325.3605 Applicability of rules {#sec-r-325.3605 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 325.3605}
Rule 5. (1) These rules apply to all agricultural labor camps. A provision in these rules shall not take precedence over a requirement in an applicable local rule, ordinance, or code when such requirement is more stringent than the provision in these rules.
(2) The department may grant an exemption from an administrative rule if there is clear and convincing evidence that the alternative to the rule complies with the intent of the administrative rule from which exemption is sought.
(3) The decision of the department, including the qualification under which the exemption is granted, shall be entered upon the records of the department and a signed copy shall be sent to the camp operator. This exemption may remain in effect for as long as the camp operator continues to comply with the intent of the rule or may be time-limited.
(4) If a camp operator permits laborers to live in their own recreational vehicles at the camp, all of the following shall be provided:
(a) An approved water supply.
(b) Toilet facilities.
(c) Shower facilities.
(d) Electrical service.
(e) Refuse containers.
History
- History: 1989 AACS.
Mich. Admin. Code R 325.3607 Licenses; application; issuance {#sec-r-325.3607 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 325.3607}
Rule 7. A separate application shall be submitted and a separate license issued annually for each agricultural labor camp. If there will be a new camp operator during the period for which the camp is licensed, the new operator shall apply for a transfer of the license not less than 30 days before the proposed change of operators is effective. On receipt of an application, the director shall review the application and cause any necessary investigation and inspection to be made. Based on the investigation and inspection, the director shall issue a full license or a temporary license or shall give the applicant or his or her authorized agent a written notice of denial stating the reasons for the denial.
History
- History: 1989 AACS.
Mich. Admin. Code R 325.3609 Camp operators' and occupants' responsibilities {#sec-r-325.3609 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 325.3609}
Rule 9. (1) An agricultural labor camp owner or camp operator or his or her agent shall clearly explain to camp occupants their responsibilities as to camp occupancy and care.
The camp owner or operator or his or her agent shall inspect the camp area, structures, toilets, showers, and other facilities at least once a week and ensure that each is maintained in a clean and orderly condition and that broken or damaged property is repaired. The camp owner or operator shall number the shelters or sites.
(2) An employee and occupant of a camp shall use the sanitary and other facilities furnished for his or her convenience and shall comply with applicable camp regulations which may concern or affect his or her conduct. An occupant of a camp shall keep that part of the camp and premises which he or she occupies or uses in a clean and sanitary manner. An occupant of a camp shall dispose of his or her rubbish and garbage in a clean and sanitary manner by placing it in containers provided for this purpose.
History
- History: 1989 AACS.
Mich. Admin. Code R 325.3611 Camp area; drainage; location; health and safety hazards; recreation space; pets; farm implements {#sec-r-325.3611 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 325.3611}
Rule 11. (1) An agricultural labor camp area shall be well drained and free from depressions in which water may stagnate. The camp shall be located where the disposal of sewage is provided in a manner which neither creates nor is likely to create a nuisance or a hazard to health.
(2) The camp shall not be subject to, or in proximity to, conditions that create any of the following:
(a) Offensive odors.
(b) Flies.
(c) Noise.
(d) Traffic.
(e) Any other health and safety hazards.
(3) The camp shall be free from debris; noxious plants, such as poison ivy; and uncontrolled grass, weeds, and brush.
(4) The camp shall include a space for recreation that is reasonably related to the size of the camp and the type of occupancy.
(5) If the camp operator allows a pet or animal in the camp area, pet or animal waste shall be collected and properly disposed of. The pet or animal shall be restrained when outside of the living unit. The location and manner of restraint shall not interfere with any individual's free access to the following:
(a) Shelters.
(b) Central service buildings.
(c) Parking areas.
(d) Recreation areas.
(e) Other community camp facilities.
(6) Farm implements shall not be stored in the recognized camp area site.
History
- History: 1989 AACS.
Mich. Admin. Code R 325.3613 Water supply {#sec-r-325.3613 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 325.3613}
Rule 13. (1) An adequate and convenient supply of water that meets the requirements of Act No. 399 of the Public Acts of 1976, being S325.1001 et seq. of the Michigan Compiled Laws, shall be provided. A well shall be disinfected when the well is opened or after construction or repair.
(2) A cold water outlet shall be available within 50 feet of each shelter when water is not provided in the shelter. Adequate drainage facilities shall be provided for overflow and spillage.
(3) Use of a common drinking cup is prohibited.
History
- History: 1989 AACS.
Mich. Admin. Code R 325.3615 Shelter; construction; floors; furniture; space {#sec-r-325.3615 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 325.3615}
Rule 15. (1) A shelter shall be structurally sound, in good repair, in a sanitary condition, and provide protection to the occupant against the elements.
(2) The shelter shall have flooring that is constructed of rigid materials, smooth finished, readily cleanable, and located to prevent the entrance of ground and surface water. Shelter floors shall be reasonably level.
(3) Shelters constructed or put into operation after the effective date of these rules shall have double-wall construction and shall have an interior permanent-type ceiling.
(4) The following space shall be provided in the shelter:
(a) For sleeping purposes only, except as provided in subdivision (b) of this subrule, not less than 50 square feet of floor space per individual.
(b) For sleeping purposes in a dormitory that has double-deck beds only, not less than 40 square feet per individual.
(c) For combined cooking, eating, and sleeping purposes, the following space shall be provided:
(i) Not less than 60 square feet of floor space per individual for all shelters constructed before April 3, 1980, except as provided in paragraph (iii) of this subdivision.
(ii) Not less than 100 square feet of floor space per individual for all shelters constructed after April 3, 1980, and for any shelters in which renovation will include the addition of living space by increasing the exterior dimensions.
(iii) Ten years from the effective date of this rule, all shelters shall provide not less than 100 square feet of floor space per individual. In all cases, square footage shall be determined by using the outside dimensions of the shelter.
(5) The shelter for a family with 1 or more children who are over 6 years of age shall have a partitioned sleeping area. The partition shall be constructed of rigid materials and installed so as to provide reasonable privacy.
(6) A separate sleeping area shall be provided in the shelter for each sex or each family.
(7) An accessible facility shall be provided within each shelter for the storage of clothing and personal articles. Not less than 2 lineal feet of rod per individual 12 years of age or older and 1 lineal foot of rod per individual less than 12 years of age shall be provided for hanging clothing. There shall be not less than 3 feet of vertical open space below the rod. In addition, not less than 2 square feet of storage area shall be provided per individual.
There shall be at least 1 foot of vertical open space above the storage area.
(8) At least 1/2 of the floor area in the shelter shall have a ceiling height of not less than 7 feet. Floor space shall not be counted where the ceiling height is less than 5 feet.
(9) A partition between living units in a multifamily shelter shall extend to the ceiling or roof of the shelter for all new or substantially remodeled shelters and for all shelters 3 years after the effective date of these rules.
(10) Sufficient bed space consisting of comfortable, rigidly supported beds, cots, or bunks with clean mattresses shall be provided for all individuals. Bedding that is provided by the camp operator shall be clean and sanitary. Triple-deck bunks are prohibited. The clear space between the top of the lower mattress of a double-deck bunk and the bottom of the upper bunk shall be not less than 27 inches. The distance from the top of the upper mattress to the ceiling shall be not less than 36 inches.
(11) For all single-sex crews, a separate bed for each occupant shall be provided.
History
- History: 1989 AACS.
Mich. Admin. Code R 325.3617 Fire safety and first aid {#sec-r-325.3617 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 325.3617}
Rule 17. (1) Living and sleeping above a second floor shall not be allowed unless authorized by the department.
(2) Except as provided in subrule (10) of this rule, each sleeping room shall have 2 remotely separated exits. One of the 2 exits may be a readily accessible window with a minimum net clear opening of 5.7 square feet. The minimum net clear opening height dimension shall be 24 inches. The minimum net clear opening width dimension shall be 20 inches. The sill height shall not be more than 44 inches above the floor.
(3) In a 1-story shelter, a sleeping area for 10 or more adults, a central dining facility, and a common assembly room shall each have not less than 2 doors that are remotely separated so as to provide alternate means of escape to the outside or to an interior hall.
(4) A second story with a living unit, a central dining facility, or a common assembly room shall have 2 stairways as means of egress. One of the 2 stairways may be an interior stairway and the second may be an exterior stairway, except as provided in subrule (10) of this rule.
(5) Escape corridors and interior exit stairways shall be protected by 20-minute-fireresistant, time-rated materials. An interior stairway from an escape corridor shall have a 1 3/4-inch solid wood core door or equivalent at the bottom or top of the stairway.
Nonlocking-against-egress hardware shall be provided on each stairway door.
(6) Fire-extinguishing equipment shall be provided and located not more than 100 feet from each shelter. The equipment shall, at a minimum, be the equivalent of a 2A 10BC fire extinguisher.
(7) A flammable or volatile liquid or material, except for those needed for current household use, shall not be stored in or adjacent to a shelter.
(8) An agricultural pesticide shall not be stored in a shelter, in a building in which a living unit is or may be located, in a service building, or in the camp area unless the pesticide is stored in a locked building. Agricultural pesticides shall not be stored or mixed in a camp that is established after the effective date of these rules. A camp that is constructed after the effective date of these rules shall not be located within 50 feet of orchards or farmland on which agricultural pesticides will be applied.
(9) A smoke-detecting device shall be provided within each shelter at a point centrally located in each corridor or area that provides access to rooms used for sleeping and at the top of a stairway where the second floor of a structure is intended to be occupied. A smoke-detecting device shall be operational at the time the camp is licensed.
(10) Facilities in existence on the effective date of these rules shall comply with both of the following provisions:
(a) In a 1-story shelter for a family or for less than 10 adults, not less than 2 means of escape shall be provided. One means of escape may be a readily accessible window with an openable area of not less than 432 square inches and a least dimension of not less than 16 inches. The bottom opening of such window shall be not more than 3 feet 6 inches above the floor.
(b) A second story with a sleeping area, a central dining facility, or a common assembly room shall have a stairway, and an approved permanently affixed exterior ladder or a second stairway.
History
- History: 1989 AACS.
Mich. Admin. Code R 325.3619 Ventilation; lighting; electricity {#sec-r-325.3619 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 325.3619}
Rule 19. (1) A shelter shall be provided with adequate ventilation and natural lighting.
The natural light area, as provided by exterior glazed openings, shall be not less than 8% of the habitable space. The openable window area shall be not less than 45% of the window area, except where some other approved device that affords adequate ventilation is supplied.
(2) Outside openings that are used for ventilation shall be protected during the fly season with not less than 16-mesh screening. A screen door shall be equipped with a self-closing device. Toilet facilities constructed after the effective date of these rules shall be ventilated to the outdoors.
(3) A shelter shall be provided with electric service that is adequate to meet the requirements of the national electrical code for the load being served.
(4) Each room in a shelter and a common use room or area, such as a laundry room, central toilet, hallway, or stairway, shall have not less than 20 footcandles of light. Not less than 2 wall-mounted duplex electrical outlets, with l duplex outlet per 12 lineal feet of wall, shall be provided in all habitable space. However, in existing habitable space, 2 wallmounted duplex electrical outlets, with l duplex outlet per 16 lineal feet of wall, are approved until a major change is made to the electrical system. Bathrooms shall have at least 1 wall-mounted duplex electrical outlet. All bathroom and laundry area outlets shall be provided with ground fault circuit interrupter protection. Electrical service in a privy or portable toilet is not required.
(5) Adequate lighting shall be provided for the yard area and pathways to common use facilities.
(6) Wiring and lighting fixtures shall be installed and maintained in a safe condition.
(7) New electrical wiring shall comply with the requirements of the national electrical code and, except for incidental electrical wiring, shall be approved by the electrical inspection authority that has jurisdiction or shall be certified by a licensed electrical contractor.
History
- History: 1989 AACS.
Mich. Admin. Code R 325.3621 Heating {#sec-r-325.3621 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 325.3621}
Rule 21. (1) A shelter and a common use room or area that is used before May 31 or after September 1 in any year shall be provided with properly installed, operable heating equipment that is capable of maintaining a temperature of not less than 65 degrees Fahrenheit.
(2) Heating facilities that utilize combustible fuel when in a shelter shall be installed and vented in compliance with the manufacturer's instructions and shall be approved by the mechanical inspection authority that has jurisdiction or by a licensed mechanical contractor, except as provided in subrule (4) of this rule. A portable heater, other than an electric heater, is prohibited.
(3) Heating facilities shall bear the seal of a recognized testing laboratory or the American gas association, except as provided in subrule (4) of this rule.
(4) Facilities that are in existence on the effective date of these rules shall comply with all of the following provisions:
(a) Heating facilities in a shelter that utilize combustible fuel shall be installed and vented to prevent fire hazards and a dangerous concentration of gases. A portable heater, other than an electric heater, is prohibited. If a solid or liquid fuel heater is situated on wood or other combustible flooring, a concrete slab, insulated metal sheet, or other fireproof material shall be provided on the floor under the heater.
(b) A wall or ceiling that is within 18 inches of a solid or liquid fuel heater or a flue shall be made of fireproof material. A vented metal collar shall be installed around a flue that passes through a wall ceiling, floor, or roof.
(c) A heating facility shall have automatic controls of the type that will cut off the fuel supply if the flame or ignition fails or is interrupted or if a predetermined safe temperature or pressure is exceeded.
History
- History: 1989 AACS.
Mich. Admin. Code R 325.3623 Cooking, eating, and refrigeration facilities {#sec-r-325.3623 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 325.3623}
Rule 23. (1) When a migratory laborer or the laborer's family is required to cook in an individual shelter, a room or space shall be provided for cooking and eating. The room or space shall be provided with all of the following:
(a) A properly installed and operating 4-burner cook stove for each family or shelter, except that only 2 burners are required for a shelter with a capacity of 5 or less individuals.
(b) Within 6 years after the effective date of these rules, except as provided in subdivision (c) or (d) of this subrule, a 2-compartment sink which is connected to water under pressure and which is properly drained is required.
(c) An existing single-compartment sink that is in good condition in a shelter is acceptable.
(d) A 2-compartment sink which is connected to hot and cold water under pressure and which is properly connected to a drain is required for all new or substantially remodeled shelters.
(e) Adequate food storage shelves with a minimum of 6 square feet of surface area and adequate countertop space or other space for food preparation with a minimum of 2 1/2 square feet of surface area.
(f) Tables and chairs of standard construction and height or equivalent accommodations to seat each individual.
(g) A mechanical refrigerator which has proper shelving, tight-fitting doors, unbroken interior surfaces, and an operable door latch, which is for the storage of perishable foods, and which will maintain a temperature of not more than 45 degrees Fahrenheit.
(h) Adequate lighting and ventilation in the food preparation, cooking, and dining areas.
(i) Nonabsorbent, easily cleaned wall surfaces adjacent to a food preparation or cooking area. Walls that are within 18 inches of, or countertops that are under, gas hot plates shall be fire-resistant.
(j) Properly maintained and clean food service facilities at the time of licensing and after a change of occupants of the same shelter during a season.
(2) When a migratory laborer or the laborer's family is required to cook in a common facility and individual cooking facilities are not provided in the shelters, a room or building that is separate from the sleeping and toilet facilities shall be provided for cooking and eating. The room or building shall be provided with all of the following:
(a) A properly installed and operable cook stove with a minimum of 2 burners in a ratio of 1 stove for each 5 individuals in a food preparation shift.
(b) A 2-compartment sink which is connected to hot and cold water under pressure and which is properly connected to a drain.
(c) Floors made of nonabsorbent, easily cleaned material.
(d) Adequate food storage shelving with a minimum of 1 square foot of surface area per individual and adequate countertop space or area for food preparation with a minimum of 5 square feet of surface area.
(e) A mechanical refrigerator which has proper shelving, tight-fitting doors, unbroken interior surfaces, and an operable door latch, which is for the storage of perishable foods, and which will maintain a temperature of not more than 45 degrees Fahrenheit.
(f) Adequate lighting and ventilation in the food preparation, cooking, and dining areas.
(g) Nonabsorbent, easily cleaned wall surfaces adjacent to a food preparation or cooking area. Walls that are within 18 inches of, or countertops that are under, gas hot plates shall be fire-resistant.
(h) Properly maintained and clean food service facilities.
(i) Tables and chairs of standard construction and height or equivalent accommodations to seat each individual.
(3) When, within a shelter, food is prepared and consumed by an individual other than the migratory laborer or the laborer's family members, the size of the facility shall be commensurate to the capacity of the camp. The facility shall be separated from the toilet and sleeping areas. The physical facilities, equipment, and operation shall comply with the provisions of sections 12901 to 12922 of the act.
(4) When food is prepared by a work crew member who has been designated to do the cooking by other crew members, the physical facility, equipment, and operation shall be commensurate with the size of the crew and be provided with all of the following:
(a) A properly installed and operating 4-burner cook stove for the first 10 members of a crew and an additional burner shall be provided for each additional 10 crew members.
(b) Within 6 years after the effective date of these rules, except as provided in subdivision (c) or (d) of this subrule, a 2-compartment sink which is connected to water under pressure and which is properly drained.
(c) An existing single-compartment sink that is in good condition i a shelter is acceptable.
(d) A 2-compartment sink which is connected to hot and cold water under pressure and which is properly connected to a drain is required for all new or substantially remodeled shelters.
(e) Adequate food storage shelves with a minimum of 6 square feet of surface area and adequate countertop space or other space for food preparation with a minimum of 2 1/2 square feet of surface area.
(f) Tables and chairs of standard construction and height or equivalent accommodations to seat each individual.
(g) A mechanical refrigerator which has proper shelving, tight-fitting doors, unbroken interior surfaces, and an operable door latch, which is for the storage of perishable foods, and which will maintain a temperature of not more than 45 degrees Fahrenheit.
(h) Adequate lighting and ventilation in the food preparation, cooking, and dining areas.
(i) Nonabsorbent, easily cleaned wall and counter surfaces adjacent to a food preparation or cooking area. Walls that are within 18 inches of, or countertops that are under, gas hot plates shall be fire-resistant.
(j) Clean and properly maintained food service facilities at the time of licensing or prior to a new crew occupying the camp during a season.
History
- History: 1989 AACS.
Mich. Admin. Code R 325.3625 Bathing, hand-washing, and laundry facilities {#sec-r-325.3625 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 325.3625}
Rule 25. (1) A bathing facility that is supplied with hot and cold or tempered water under pressure shall be provided. The facility shall be clean and sanitary and located within 200 feet of each shelter.
(2) A bathing facility shall contain at least 1 showerhead per 10 individuals. Showerheads shall be spaced not less than 3 feet apart, shall have not less than 9 square feet of floor area per unit, and shall be separated with a partition. A commercial prefabricated shower stall with a floor area of approximately 32 inches by 32 inches is acceptable. Adequate dry dressing space that affords privacy shall be provided. A shower floor shall be constructed of nonabsorbent, nonskid materials and shall be sloped to a properly constructed floor drain. Except in a single-family shelter, a separate shower facility shall be provided for each sex. Where more than 2 showers are required, the additional showers may be unisex.
Common-use shower facilities for each sex in the same building shall be separated by a solid, nonabsorbent wall from the floor to the ceiling or roof and shall be plainly designated "Men," "Women," or "unisex." The entrance to a men's or women's shower area shall afford privacy.
(3) Hand-washing facilities with hot and cold or tempered water in a ratio of 1 unit per single-family shelter or 1 unit per 15 individuals shall be provided.
(4) Laundry facilities shall be provided, except where a shelter is provided with a sink with hot and cold running water. Laundry facilities shall include double laundry tubs with hot and cold or tempered water under pressure in a ratio of 1 unit per 30 individuals.
(5) Water heaters shall be capable of supplying adequate hot water during reasonable use.
(6) Where a laundry machine is utilized, an electrical outlet that has ground fault circuit interrupter protection shall be provided.
(7) Laundry waste shall be properly disposed of.
History
- History: 1989 AACS.
Mich. Admin. Code R 325.3627 Toilet facilities {#sec-r-325.3627 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 325.3627}
Rule 27. (1) A toilet shall be constructed, located, and maintained so as to prevent a nuisance or public health hazard and to afford privacy.
(2) A toilet or privy seat shall be provided in the ratio of at least 1 unit for each 15 individuals it serves.
(3) A urinal that is constructed of nonabsorbent material may be substituted for a man's toilet seat on the basis of not less than 24 inches of trough-type urinal for 1 toilet seat for a maximum of 1/3 of the required toilet seats.
(4) A separate toilet facility for each sex shall be provided, except in single-family shelters. Where more than 2 toilets are required, the additional toilets may be unisex.
Toilets that serve the same sex shall be separated with a partition that is not less than 54 inches high and not less than 6 inches or more than 12 inches off the floor. Toilet facilities for each sex in the same building shall be separated by a solid wall from the floor to the ceiling or roof and shall be plainly designated "Men," "Women," or "unisex."
(5) A common-use toilet or privy shall be in a well-lighted area and shall be ventilated, clean, and sanitary.
(6) A toilet facility shall be located within 200 feet of the shelter it serves. A privy shall not be located closer than 50 feet from a shelter or facility where food is prepared or served.
(7) A privy structure and pit shall be fly-tight. A privy pit shall have an adequate capacity for the required seats.
(8) A toilet seat shall be impervious and maintained in a clean condition.
(9) Portable toilets shall be pumped at least once per week.
History
- History: 1989 AACS.
Mich. Admin. Code R 325.3629 Sewage, garbage, and refuse disposal; vermin {#sec-r-325.3629 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 325.3629}
Rule 29. (1) Sewage shall be discharged into a municipal sewer system, when available, or into a sewage disposal system that is approved by applicable state or local authorities.
Sewage shall not be disposed of on the ground surface.
(2) An adequate number of durable, fly-tight, clean containers that are in good condition shall be provided for storing garbage and other refuse.
(3) Refuse shall be collected at least once a week or more often if necessary. The disposal of garbage and other refuse shall be in accordance with state and local law.
(4) Shelters and common use facilities shall be free of insects, rodents, and other vermin.
History
- History: 1989 AACS.
Mich. Admin. Code R 325.3631 Winter occupancy {#sec-r-325.3631 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 325.3631}
Rule 31. An individual shall not occupy, nor shall a camp operator permit occupancy of, a shelter in an agricultural labor camp before April 1 or after November 15 in any year, unless the shelter complies with all of these rules that are not inconsistent with this rule and has all of the following items:
(a) A kitchen sink which is in working condition and which is properly connected to hot and cold water and to a wastewater disposal system.
(b) A bathing facility that is supplied with hot and cold or tempered water.
(c) A flush toilet that is properly connected to a water and wastewater disposal system.
(d) Double floors, double walls or an equivalent, and interior permanent-type ceilings.
Concrete slab floors are acceptable.
(e) A free air space, if provided under the floor, that is protected to prevent plumbing from freezing and to assist in maintaining proper room temperature.
(f) Not less than 100 square feet of floor space per individual.
History
- History: 1989 AACS.
Mich. Admin. Code R 325.3633 Rescinded {#sec-r-325.3633 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 325.3633}
History
- History: 1989 AACS; 2018 AACS.
Mich. Admin. Code R 325.3635 Rescinded {#sec-r-325.3635 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 325.3635}
History
- History: 1989 AACS; 2018 AACS.
Mich. Admin. Code R 325.3637 Rescinded {#sec-r-325.3637 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 325.3637}
History
- History: 1989 AACS; 2018 AACS.
Mich. Admin. Code R 325.3639 Rescinded {#sec-r-325.3639 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 325.3639}
History
- History: 1989 AACS; 2018 AACS.
Mich. Admin. Code R 325.3641 Rescinded {#sec-r-325.3641 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 325.3641}
History
- History: 1989 AACS; 2018 AACS.
Mich. Admin. Code R 325.3643 Implementation {#sec-r-325.3643 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 325.3643}
Rule 43. These rules shall be implemented on January 1 following the effective date of the rules.
History
- History: 1989 AACS.
Mich. Admin. Code R 325.3699 Rescission {#sec-r-325.3699 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 325.3699}
Rule 99. (1) R 325.1501 to R 325.1515 of the Michigan Administrative Code, appearing on pages 1805 to 1811 of the 1979 Michigan Administrative Code, are rescinded.
(2) R 325.1531 to R 325.1536 of the Michigan Administrative Code, appearing on pages 1811 to 1813 of the 1979 Michigan Administrative Code, are rescinded.
History
- History: 1989 AACS.
R 554.701 to R 554.751 Farmland and Open Space Preservation
Mich. Admin. Code R 554.701 Definitions {#sec-r-554.701 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 554.701}
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
ENVIRONMENTAL STEWARDSHIP DIVISION
FARMLAND AND OPEN SPACE PRESERVATION
(By authority conferred on the department of agriculture and rural development by section 36116 of 1994 PA 451, MCL 324.36116)
PART 1. GENERAL PROVISIONS
Rule 1. (1) "Act” means 1994 PA 451, MCL 324.101 to 324.90106.
(2) "Department" means the department of agriculture and rural development.
(3) "Clerk" means the clerk of the local governing body or the person fulfilling the duties of the clerk.
(4) "Designated open space" means those open space lands as defined by section 36101(j)(i) of the act.
(5) "Gross annual income" means an average computed from 2 of the 3 tax years immediately preceding the year of application from the raising or harvesting of any agricultural commodities.
(6) "Has been devoted primarily to an agricultural use" means all land for which an application for a farmland development rights agreement has been filed shall have been under agricultural use, as defined in section 36101(b) of the act, for at least 1 year during the 36-month period immediately preceding filing the application.
(7) "Local open space" means those open space lands as defined by section 36101(j)(ii) of the act.
(8) "Specialty farm" means those enterprises of 15 or acres in size which meet the income requirements of section 36101(h)(iii)of the act, produce agricultural, horticultural or floricultural commodities or are engaged in the business of breeding or husbanding animals, rendering services, or yielding products customarily associated with agricultural operations.
(9) "State" means a major state department or agency thereof in agreement with the state land use agency.
(10) "Totally and permanently disabled" means the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months.
PART 2. ELIGIBLE LANDS
History
- History: 1979 AC; 2013 AACS.
Mich. Admin. Code R 554.721 Rescinded {#sec-r-554.721 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 554.721}
History
- History: 1979 AC; 2013 AACS.
Mich. Admin. Code R 554.722 Rescinded {#sec-r-554.722 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 554.722}
History
- History: 1979 AC; 2013 AACS.
Mich. Admin. Code R 554.723 Local open space development rights easement {#sec-r-554.723 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 554.723}
Rule 23 If an application for a local open space development rights easement is denied by the local governing body and is appealed to the state land use agency, the appeal may only be considered if the land covered by the application meets all of the following criteria:
(a) Is 15 acres or more in size.
(b) Does not contain any residential, commercial, or industrial structures.
(c) Is not operated as a commercial facility.
(d) Bears significant importance to the public interest of more than local concern as a valuable land resource.
PART 3. APPLICATION FOR DEVELOPMENT RIGHTS AGREEMENT OR
EASEMENT
History
- History: 1979 AC; 2013 AACS.
Mich. Admin. Code R 554.731 Application {#sec-r-554.731 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 554.731}
Rule 31. (1) The application shall be submitted to the clerk of the local governing body with the jurisdictional responsibility for the property cited in the application except that in those townships not having a duly adopted zoning ordinance pursuant to the Michigan Zoning Enabling Act, 2006 PA 110, MCL 125.3101 to 125.3702, the application shall be submitted to the clerk of the governing body of the county.
(2) The application shall contain a map which includes the following information:
(a) All significant natural features, including but not limited to swamps, bogs, marshes, lakes, ponds, rivers, streams, woodlots, known mineral deposits and formations and sand dunes.
(b) All physical improvements including but not limited to buildings, roads, feedlots, or any improvements under construction at the time of application.
(c) All acreage under active agricultural use by type of use.
(3) A copy of the most recent property tax assessment notice or tax bill shall accompany the application along with a statement by the applicant certifying the name of the owner of record, the legal description of the property and all liens, covenants, and other encumbrances affecting the title to the land.
History
- History: 1979 AC; 2013 AACS.
Mich. Admin. Code R 554.732 Certification and review {#sec-r-554.732 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 554.732}
Rule 32. (1) The clerk shall certify the date of receipt of the application if the application meets the requirements of R 554.731 and the information contained in the application is accurate, to the best of the clerk's knowledge.
(2) The clerk shall provide a copy of the certification to the applicant.
(3) The clerk shall forward copies of the application to the reviewing agencies as required under the act. Notification shall include the final date for the acceptance of comments which shall be 30 days from the date of receipt of the application by the clerk.
(4) The clerk shall present the application at the next scheduled meeting of the local governing body and shall certify the date of presentation on the application.
(5) The 45-day review period for the local governing body commences when the application is presented to that body by the clerk.
History
- History: 1979 AC.
Mich. Admin. Code R 554.733 Review {#sec-r-554.733 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 554.733}
Rule 33. (1) In reviewing an application for a farmland development rights agreement or a designated open space development rights easement, the local governing body shall consider first the ability of the land cited in the application to meet the eligibility requirements of the act, sections 324.36101(h) and (j)(i)(A) to (C) respectively. The local governing body may then take into consideration the following:
(a) The physical resource characteristics for agricultural or designated open space use.
(b) Any encumbrance on the property.
(c) The relationship of the property to the entire farm operation if the application is for only a portion of the farm operation.
(d) The percentage of the land cited in the application which actually meets the definition for farmland or designated open space.
(e) Any other criteria which the local governing body can demonstrate as being relevant to the application.
(2) In reviewing an application for a farmland development rights agreement or a designated open space development rights easement, the state land use agency shall reject an application only if it is in nonconformance with the eligibility requirements in the act, sections 324.36101(h) and (j)(i)(A) to (C) respectively. In reviewing an application on appeal for a farmland development rights agreement or a designated open space development rights easement, the state land use agency shall consider the ability of the land cited in the application to meet the eligibility requirements of the act, sections 324.36101(h) and (j)(i)(A) to (C) respectively. The state land use agency may then take into considerationthe following:
(a) The physical resource characteristics for agricultural or designated open space use.
(b) Any encumbrance on the property.
(c) The relationship of the property to the entire farm operation if the application is for only a portion of the farm operation.
(d) The percentage of the land cited in the application which actually meets the definition for farmland or designated open space.
(e) Any other criteria which the local governing body has demonstrated as being relevant to the application.
(3) In reviewing an application for a local open space development rights easement, the local governing body shall first consider the ability of the land cited in the application to meet the eligibility requirements of the act, section 324.36101(j)(ii). The local governing body may then take into consideration the following:
(a) The physical resource characteristics for open space use.
(b) Any encumbrance on the property.
(c) The percentage of the land cited in the application which actually meets the definition for local open space.
(d) Any other criteria which the local governing body can demonstrate as being relevant to the application.
(4) In reviewing an application for a local open space development rights easement on appeal, the state land use agency shall consider the ability of the land cited in the application to meet the eligibility requirements of R 554.723.
History
- History: 1979 AC; 2013 AACS.
Mich. Admin. Code R 554.734 Approval or rejection {#sec-r-554.734 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 554.734}
Rule 34. (1) Approval or rejection of an application shall be by vote of the local governing body.
(2) The vote may be taken at either a regularly scheduled meeting of the local governing body or a special meeting called for the purpose of acting on the application. In each case the applicant shall be notified in writing by the clerk at least 5 days before the meeting of the time and place of the meeting.
(3) The clerk shall certify the results and date of the vote on the application.
(4) Within 10 days of the date the vote was taken, the clerk shall notify the applicant of the local governing body's decision. If rejected, the local governing body shall provide the applicant with a written statement citing the reasons for rejection.
(5) A locally approved application for a farmland development rights agreement or for a designated open space development rights easement, together with supporting materials, shall be forwarded to the state land use agency within 10 days of the date of approval by the local governing body.
(6) A copy of a locally approved application for a local open space development rights easement, together with copies of the supporting materials, shall be forwarded to the state land use agency for informational purposes within 30 days of the date of approval by the local governing body.
(7) The 60-day review period as provided in sections 36104 and 36106 of the act begins with receipt of the application or appeal request by the state land use agency.
(8) The applicant shall be notified within 15 days of the date of approval or rejection by the state land use agency. If rejected, the state land use agency shall provide the applicant with a written statement citing the reasons for rejection.
(9) All open space development rights easement applications approved by the state land use agency shall be submitted to the legislature under the provisions of section 36105(3) of the act.
(10) Upon approval of a farmland development rights agreement by the state land use agency or designated open space development rights easement by the legislature, the applicant shall have 30 days from date of receipt of the agreement or easement to execute the agreement or easement unless an extension is granted in writing by the state land use agency.
(11) Upon approval of a local open space development rights easement by the local governing body, the applicant shall have 90 days from the date of receipt of the local open space development rights easement to execute the easement unless an extension is granted in writing by the local governing body.
History
- History: 1979 AC; 2013 AACS.
Mich. Admin. Code R 554.735 Appeals {#sec-r-554.735 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 554.735}
Rule 35. (1) The applicant has 30 days from the date of notification by the clerk within which to initiate an appeal of a rejection by the local governing body.
(2) The applicant's appeal request shall be by certified letter to the state land use agency with the application as presented to the local governing body, a copy of the reasons for rejection and all other materials as required under R 554.731.
(3) An applicant has 30 days to appeal a rejection by the state land use agency. An appeal of a rejection by the state land use agency shall be by certified letter to the director of the department.
History
- History: 1979 AC.
Mich. Admin. Code R 554.736 Reapplication {#sec-r-554.736 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 554.736}
Rule 36. The 1-year waiting period for reapplication as provided in sections 36104 and 36106 of the act shall be from the date of notification of the last rejection permitted under the act, or if the applicant chooses not to appeal, from the date of expiration of the appeal period.
History
- History: 1979 AC; 2013 AACS.
Mich. Admin. Code R 554.737 Assessments {#sec-r-554.737 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 554.737}
Rule 37. (1) A copy of the state tax commission appraisal under sections 36105 and 36106 of the act shall be transmitted to the local assessor for the basis of the first assessment for the land covered by a farmland development rights agreement or an open space development rights easement.
Subsequent assessments shall be reviewed annually by the local assessor in the same manner as other real property assessments. A copy of the termination appraisal by the state tax commission shall be transmitted to the local assessor.
(2) Subsequent to the execution of a farmland development rights agreement, the local assessing officer shall specify the state equalized valuation and the ad valorem taxes levied on the description and shall forward such information to the state land use agency by February 15 of each year until the agreement is terminated.
(3) Subsequent to the approval of a local open space development rights easement application by the legislature and execution of the easement by the applicant, the local assessing officer shall specify the state equalized valuation of the description exclusive of open space development rights, the state equalized valuation of the open space development rights and the ad valorem taxes not paid on the open space development rights and shall forward such information to the state land use agency by February 15 of each year until the easement is terminated.
PART 4. TERMINATION OF A DEVELOPMENT RIGHTS AGREEMENT OR
EASEMENT
History
- History: 1979 AC; 2013 AACS.
Mich. Admin. Code R 554.741 Application {#sec-r-554.741 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 554.741}
Rule 41. (1) The application shall be made on forms prescribed by the department and shall contain all requested information.
(2) The application shall be submitted to the clerk of the local governing body with the jurisdictional responsibility for the property cited in the application except that in those cases of townships not having a duly adopted zoning ordinance pursuant to the Michigan Zoning Enabling Act, 2006 PA 110, MCL 125.3101 to 125.3702, the application shall be submitted to the clerk of the governing body of the county.
(3) The application shall contain a map which includes all significant changes to the natural features of the land cited in the original application.
(4) A land owner or his heirs qualifying under section 11(2) of the act, death or total and permanent disability, at his option, may request termination of a development rights agreement or easement. The request shall be made to the holder of the development rights by certified mail stating the reasons for termination request and shall include a doctor's statement of health or a copy of the death certificate.
History
- History: 1979 AC; 2013 AACS.
Mich. Admin. Code R 554.742 Certification and review {#sec-r-554.742 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 554.742}
Rule 4242. (1) The clerk shall certify the date of receipt of the application if the application meets the requirements of R 554.741 and the information contained in the application is accurate to the best of the clerk's knowledge.
(2) The clerk shall provide a copy of the certification to the applicant.
(3) The clerk shall forward copies of the application to the reviewing agencies as required under section 36104 of the actfor farmland and designated open space and section 36106 of the act for local open space. Notification shall include the final date for the acceptance of comments, 30 days from the date of receipt of the application by the clerk.
(4) The clerk shall present the application at the next scheduled meeting of the local governing body and shall on the application certify the date of presentation.
(5) The 45-day review period for the local governing body shall commence when the application is presented to that body by the clerk.
History
- History: 1979 AC; 2013 AACS.
Mich. Admin. Code R 554.743 Review {#sec-r-554.743 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 554.743}
Rule 43. (1) In reviewing a termination application for a farmland development rights agreement or a designated open space development rights easement, the local governing body or the state land use agency shall consider the following:
(a) That the agreement or easement imposes continuing economic inviability causing hardships through the prevention of necessary improvements to the land. Economic inviability consists of continued uneconomic operation because of the restrictions in the agreement or easement and not merely the existence of uses of the land that allow higher returns.
(b) Other factors set forth in section 36111(1)(a) of the act.
(2) In reviewing a termination application for a local open space development rights easement, the local governing body shall consider the following:
(a) That the easement imposes continuing economic inviability causing hardships through the prevention of necessary improvements to the land. Economic inviability consists of continued uneconomic operation because of the restrictions in the easement and not merely the existence of uses of the land that allow higher returns.
(b) Surrounding conditions or significant natural physical changes in the land which are generally irreversible in nature and permanently affect the land.
(3) If a termination application is for a local open space development rights easement which was appealed to the state land use agency and concurred in by the legislature, the application shall be forwarded to the state land use agency for review and recommendation to the legislature for final determination. The state land use agency shall consider the following:
(a) That the easement imposes continuing economic inviability causing hardships through the prevention of necessary improvements to the land. Economic inviability consists of continued uneconomic operation because of the restrictions in the easement and not merely the existence of uses of the land that allow higher returns.
(b) Surrounding conditions or significant natural physical changes in the land which are generally irreversible in nature and permanently affect the land.
(c) That the property cited in the easement no longer bears significant importance to the public interest.
History
- History: 1979 AC; 2013 AACS.
Mich. Admin. Code R 554.744 Approval or rejection {#sec-r-554.744 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 554.744}
Rule 44. (1) Approval or rejection of a termination application shall be by vote of the local governing body.
(2) The vote may be taken at either a regularly scheduled meeting of the local governing body or a special meeting called for the purpose of acting on the application. In each case the applicant shall be notified in writing by the clerk at least 5 days prior to the meeting of the time and place of the meeting.
(3) The clerk shall certify the results and date of the vote on the application.
(4) Within 10 days of the date the vote was taken, the clerk shall notify the applicant of the local governing body's decision. If rejected the local governing body shall provide the applicant with a written statement citing the reasons for rejection.
(5) A locally approved termination application for a farmland development rights agreement or for a designated open space development rights easement, together with supporting materials, shall be forwarded to the state land use agency within 10 days of the date of approval by the local governing body.
(6) A copy of a locally approved termination application for a local open space development rights easement, together with copies of the supporting materials, shall be forwarded to the state land use agency for informational purposes within 30 days of the date of approval by the local governing body.
(7) The 60-day review period as provided in sections 36104 and 36106 of the act begins with receipt of the termination application or appeal request by the state land use agency.
(8) The applicant shall be notified within 15 days of the date of approval or rejection by the state land use agency. If rejected, the state land use agency shall provide the applicant with a written statement citing the reasons for rejection.
(9) All open space development rights termination applications approved by the state land use agency shall be submitted within 30 days to the clerk of the house of representatives and secretary of the senate. Copies shall be forwarded to all of the following:
(a) Chairman of the house taxation committee and chairman of the senate taxation committee.
(b) Chairmen of the appropriations committees.
(c) Directors of the house fiscal agency and senate fiscal agency.
(10) An applicant shall be notified by the state land use agency within 15 days of the date of approval or rejection by the legislature.
History
- History: 1979 AC; 2013 AACS.
Mich. Admin. Code R 554.745 Appeals {#sec-r-554.745 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 554.745}
Rule 45. (1) The applicant has 30 days from the date of notification by the clerk within which to initiate an appeal of a rejection by the local governing body.
(2) An applicant's appeal request shall be by certified letter to the state land use agency with the application as presented to the local governing body, a copy of the reasons for rejection and all other materials as required under R 554.741.
(3) An applicant shall have 30 days to appeal a rejection by the state land use agency. An appeal of a rejection by the state land use agency shall be by certified letter to the office of the director of the department.
History
- History: 1979 AC.
Mich. Admin. Code R 554.746 Reapplication {#sec-r-554.746 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 554.746}
Rule 46. The 1-year waiting period for reapplication as provided in sections 36104 and 36106 of the act shall be from the date of notification of the last rejection permitted under the act, or if the applicant chooses not to appeal, from the date of expiration of the appeal period.
History
- History: 1979 AC; 2013 AACS.
Mich. Admin. Code R 554.747 Rescinded {#sec-r-554.747 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 554.747}
History
- History: 1979 AC; 2013 AACS.
Mich. Admin. Code R 554.748 Notice of change of eligible land owner {#sec-r-554.748 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 554.748}
Rule 48. When the ownership of land covered by an agreement or easement is transferred by sale or land contract, within 30 days of the date of sale or execution of the land contract, by certified letter, the seller shall advise the holder of the development rights of the new owner of the legal title in the property accompanied by a signed declaration by the new owner that he will observe all provisions of the agreement or easement and accept all responsibilities of the agreement or easement until such time as it is terminated.
History
- History: 1979 AC.
Mich. Admin. Code R 554.749 Amendment procedures for development rights agreements and easements {#sec-r-554.749 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 554.749}
Rule 49. A land owner seeking to alter or change the use of the land from those uses specified in a development rights agreement or easement shall file a request for an amendment to the agreement or easement with the holder of the development rights specifying the exact nature of the desired change and specific reasons for the change. This rule does not allow the removal of land from a development rights agreement or easement.
History
- History: 1979 AC.
Mich. Admin. Code R 554.750 Purchase of development rights or acquisition of agricultural conservation easements determination of value {#sec-r-554.750 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 554.750}
Rule 50. When a development rights easement or an agricultural conservation easement is being acquired under section 36111b of the act and the land considered for acquisition is encumbered by a farmland development rights agreement under the act, enrollment in the development rights agreement shall not be used in determining the fair market value under section 36111b(4) of the act.
History
- History: 2013 AACS.
Mich. Admin. Code R 554.751 Oil and gas exploration and extraction on land enrolled in development rights easement or development rights agreement {#sec-r-554.751 omnilex-key=us-mi-regs-official--dept-agriculture-and-rural-development--R 554.751}
Rule 51. The exploration and extraction of oil and gas on land covered by a development rights easement or development rights agreement is permitted provided the exploration and extraction operations does not substantially hinder the open space character or farming operations.
Exploration and extraction activities may not commence until both of the following occur:
(a) The state land use agency has been notified, by certified mail, of the intended activity which shall include a site plan for the proposed facilities.
(b) The state land use agency has made a determination that the exploration or extraction operation, or both, does not substantially hinder the farming operation.
History
- History: 2013 AACS.
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