Michigan Laws 324.8518 – Ammonium nitrate fertilizer; storage methods; information to be obtained by retailers; records; refusal of retailer to sell
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 324.8518
- 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
- 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
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- Person: means an individual, partnership, association, firm, limited liability company, or corporation. 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
(1) A retailer shall secure at all times ammonium nitrate fertilizer to provide reasonable protection against vandalism, theft, or unauthorized access. Secured storage includes, but is not limited to, the following methods:
(a) Fencing.
(b) Lighting.
(c) Locks.
(2) Retailers shall obtain the following information regarding any sale of ammonium nitrate fertilizer:
(a) Date of sale.
(b) Quantity purchased.
(c) License number of the purchaser’s valid state operator’s license with the appropriate endorsement, if applicable, or other picture identification card number approved for purchaser identification by the department.
(d) The purchaser’s name, current address, and telephone number.
(e) The agency relationship, if any, between the purchaser and the person picking up or accepting delivery of the ammonium nitrate fertilizer.
(3) Records created pursuant to this section shall be maintained by the retailer for a minimum of 2 years on a form or using a format recommended by the department. Records shall be made available for inspection and audit upon request of the director of the department.
(4) Records generated by means of the tracking system established under subsection (2) are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(5) Any retailer of ammonium nitrate fertilizer may refuse to sell to any person attempting to purchase ammonium nitrate fertilizer out of season, in unusual patterns or circumstances, or in unusual amounts as determined by the retailer.