Michigan Laws 324.8504 – License to manufacture or distribute fertilizer; fee; application; beneficial use by-product intended for beneficial use 3; notice of additional distribution points; exceptions; expiration; opera
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Terms Used In Michigan Laws 324.8504
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the department of agriculture and rural development. See Michigan Laws 324.8501
- Director: means the director of the department or his or her designee. See Michigan Laws 324.8501
- Distribute: means to import, consign, sell, barter, offer for sale, solicit orders for sale, or otherwise supply fertilizer for sale or use in this state. See Michigan Laws 324.8501
- Distributor: means any person who distributes fertilizer for sale or use in this state. See Michigan Laws 324.8501
- 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. See Michigan Laws 324.8501
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Labeling: means all labels and other written, printed, electronic, or graphic matter upon or accompanying any fertilizer at any time, and includes advertising, sales literature, brochures, posters, and internet, television, and radio announcements used in promoting the sale of that fertilizer. See Michigan Laws 324.8501
- Licensee: means the person who receives a license to manufacture or distribute fertilizers under this part. See Michigan Laws 324.8501
- Manufacture: means to process, granulate, compound, produce, mix, blend, or alter the composition of fertilizer or fertilizer materials. See Michigan Laws 324.8501
- Person: means an individual, partnership, association, firm, limited liability company, or corporation. See Michigan Laws 324.8501a
- Specialty fertilizer: means any fertilizer distributed primarily for nonfarm use, such as use in connection with home gardens, lawns, shrubbery, flowers, golf courses, parks, and cemeteries, and may include fertilizers used for research or experimental purposes. See Michigan Laws 324.8501a
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Use: means the loading, mixing, applying, storing, transporting, or disposing of a fertilizer. See Michigan Laws 324.8501a
(1) A person shall not manufacture or distribute fertilizer in this state, except specialty fertilizer and soil conditioners, until the appropriate water quality protection fee provided in section 8715 has been submitted, and except as authorized by a license to manufacture or distribute issued by the department pursuant to part 13. An application for a license shall be accompanied by a fee of $100.00 for each of the following:
(a) Each fixed location at which fertilizer is manufactured in this state.
(b) Each mobile unit used to manufacture fertilizer in this state.
(c) Each location out of this state that applies labeling showing an out-of-state origin of fertilizer distributed in this state to nonlicensees.
(2) An application for a license to manufacture or distribute fertilizer shall include all of the following:
(a) The name and address of the applicant.
(b) The name and address of each bulk distribution point in this state not licensed for fertilizer manufacture or distribution. The name and address shown on the license shall be shown on all labels, pertinent invoices, and bulk storage for fertilizers distributed by the licensee in this state.
(3) If the fertilizer is a beneficial use by-product intended for beneficial use 3 under part 115, the application shall also include the information identified in section 11551(7).
(4) The licensee shall inform the director in writing of additional distribution points established during the period of the license.
(5) A distributor is not required to obtain a license if the distributor is selling fertilizer of a distributor or a manufacturer licensed under this part.
(6) All licenses to manufacture or distribute fertilizer expire on December 31 of each year.
(7) A person licensed under this section that operates from a business location outside this state shall do either of the following:
(a) Continuously maintain in this state a registered office and a resident agent, which agent may be an individual resident in this state whose business office or residence is identical with the registered office, a domestic corporation or limited liability company, or a foreign corporation or limited liability company authorized to transact business in this state and having a business office identical with the registered office. The person licensed under this section shall file with the department the name, address, and telephone number of the resident agent and shall maintain and make available records required by this part and part 87.
(b) Maintain and make available to the department records required by this part and part 87 and pay all costs incurred in auditing the records if they are held at an out-of-state location.