Terms Used In Michigan Laws > Chapter 324 > Act 451 of 1994 > Article II > Chapter 1 > Part AIR > Part 65 - Motor Vehicle Emissions Testing for Southeast Michigan

• Adulterated product: means a product that contains any deleterious or harmful substance in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil, or water when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use that may be necessary to protect plant life, animals, humans, aquatic life, soil, or water are not shown on the label. See Michigan Laws 324.8501
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Agreement: means a written agreement between 1 or more law enforcement agencies in this state and at least 1 law enforcement agency in a physically adjacent state. See Michigan Laws 3.731
• Agricultural use: means that term as defined in section 36101. See Michigan Laws 324.8501
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Aquifer: means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of groundwater to wells or springs. See Michigan Laws 324.8501
• Aquifer sensitivity: means a hydrogeologic function representing the inherent abilities of materials surrounding the aquifer to attenuate the movement of nitrogen fertilizers into that aquifer. See Michigan Laws 324.8501
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Biosolids: means a product consisting in whole or in part of sewage sludge that is distributed to the public and that is disinfected by means of composting, pasteurization, wet air oxidation, heat treatment, or other means. See Michigan Laws 324.8501
• Brand or product name: means a term, design, or trademark used in connection with 1 or more grades of fertilizer. See Michigan Laws 324.8501
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Commission: means the Michigan superconducting super collider commission created in section 4. See Michigan Laws 3.813
• Commission: means the commission of natural resources. See Michigan Laws 324.301
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contiguity: means in close proximity, touching, or near. See Michigan Laws 3.813
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Custom blend: means a fertilizer blended according to specifications provided to a blender in a soil test nutrient recommendation or blended as specifically requested by the consumer prior to blending. See Michigan Laws 324.8501
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the department of agriculture and rural development. See Michigan Laws 324.8501
• Department: means the department of commerce. See Michigan Laws 3.813
• 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
• Department of natural resources: means the principal state department created in section 501. See Michigan Laws 324.301
• Director: means the director of the department or his or her designee. See Michigan Laws 324.8501
• Director: means the director of the department of natural resources. See Michigan Laws 324.301
• 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
• Donor: The person who makes a gift.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• 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
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• 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}
• Fund: means the fertilizer control fund created under section 8514. See Michigan Laws 324.8501
• Grade: means the percentage guarantee of total nitrogen (N), available phosphate (P2O5), and soluble potash (K2O), of a fertilizer. See Michigan Laws 324.8501
• Groundwater: means underground water within the zone of saturation. See Michigan Laws 324.8501
• Guaranteed analysis: means the minimum percentage of each plant nutrient guaranteed or claimed to be present. See Michigan Laws 324.8501
• Impervious surface: means a paved highway, street, sidewalk, parking lot, driveway, or other outdoor structure that prevents infiltration of water into the soil. 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
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Label: means any written, printed, or graphic matter on or attached to packaged fertilizer or used to identify fertilizer distributed in bulk or held in bulk storage. See Michigan Laws 324.8501
• 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
• Law enforcement agency: means a police or sheriff's department that has the authority to enforce the general criminal laws of this state or a similar governmental organization of a physically adjacent state. See Michigan Laws 3.731
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legacy: A gift of property made by will.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensee: means the person who receives a license to manufacture or distribute fertilizers under this part. See Michigan Laws 324.8501
• Lien: A claim against real or personal property in satisfaction of a debt.
• Local government: means a city, village, township, county, a local or intermediate school district, a community college district, or any special taxing district. See Michigan Laws 3.813
• local unit: means a municipality or county. See Michigan Laws 324.301
• Lot: means an identifiable quantity of fertilizer that can be sampled officially according to methods adopted under section 8510, that is contained in a single vehicle, or that is delivered under a single invoice. See Michigan Laws 324.8501
• Majority leader: see Floor Leaders
• Manipulated manure: means animal or vegetable manure that is ground, pelletized, mechanically dried, packaged, supplemented with plant nutrients or other substances other than phosphorus, or otherwise treated in a manner to assist with the sale or distribution of the manure as a fertilizer or soil or plant additive. 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
• Minority leader: See Floor Leaders
• Mixed fertilizer: means a fertilizer containing any combination or mixture of fertilizer materials. See Michigan Laws 324.8501a
• month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j
• Natural fertilizer: means a substance composed only of natural organic, natural inorganic, or both types of fertilizer materials and natural fillers. See Michigan Laws 324.8501
• Officer: means the village president, clerk, or treasurer, a village trustee, or an appointed person authorized by the council. See Michigan Laws 61.1a
• Ombudsman: means the superconducting super collider ombudsman created in section 19. See Michigan Laws 3.813
• Order: means a cease and desist order issued under section 8511. See Michigan Laws 324.8501a
• Oversight: Committee review of the activities of a Federal agency or program.
• packaged: means any type of product regulated by this part that is distributed in individual labeled containers. See Michigan Laws 324.8501a
• Parcel: means that portion of a property that has unity of ownership, contiguity, and unity of use. See Michigan Laws 3.813
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, partnership, association, firm, limited liability company, or corporation. See Michigan Laws 324.8501a
• Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• Primary nutrients: means total nitrogen, available phosphate, or soluble potash, or any combination of those nutrients. See Michigan Laws 324.8501a
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quorum: means , except as otherwise defined, 1 of the following: