Michigan Laws 324.8310a – Agricultural pesticide dealer’s license; distribution, sale, or offer for sale; applicant as person in charge; form; information to be provided; out-of-state business location; report; denial, suspens
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Michigan Laws 324.8310a
- Conviction: A judgement of guilt against a criminal defendant.
- 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 director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
- Director: means the director of the department of natural resources. See Michigan Laws 324.301
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
- 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 person that is not licensed under section 8310 shall not engage in distributing, selling, or offering for sale agricultural pesticides except as authorized under an annual license for each place of business issued by the department pursuant to part 13.
(2) The applicant for a license under subsection (1) shall be the individual in charge of each business location.
(3) The application for a license under subsection (1) shall be on a form provided by the director and shall contain information regarding the applicant’s proposed operations and other information considered pertinent by the director.
(4) A person licensed under subsection (1) who 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 subsection (1) 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 by the department in auditing the records if they are held at an out-of-state location.
(5) An agricultural pesticide dealer who distributes an agricultural pesticide into this state shall report to the agricultural pesticide registrant all of the following information concerning that distribution:
(a) The product name.
(b) The EPA registration number.
(c) The amount of pesticide sold or distributed.
(d) The wholesale value of pesticide sold or distributed.
(e) The date of sale or distribution.
(f) The sales or distribution invoice number.
(g) The name and address of the consignee.
(6) The director may deny, suspend, or revoke an agricultural pesticide dealer’s license for any violation of this part or an order issued under this part, or upon conviction under this part, FIFRA, or a state pesticide law of a reciprocating state committed by the dealer or the dealer’s officer, agent, or employee. The director shall inform an applicant who is denied an agricultural pesticide dealer’s license of the reasons why the license was denied.
(7) A pesticide registrant who distributes agricultural pesticides into this state is exempt from subsection (1).