September 9, 2014, Introduced by Reps. Irwin, Roberts, Schor, Faris, Driskell and Cavanagh and referred to the Committee on Education.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 8304 (MCL 324.8304), as amended by 2004 PA 24,
and by adding section 8316b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8304. (1) "Inert ingredient" means an ingredient that is
not active.
(2)
"Ingredient statement" means
:
(a)
A a statement of the all of the following with respect to
a pesticide:
(a) The name and percentage of each active ingredient.
together
with the
(b)
The total percentage of the inert
ingredients. in the
pesticide.
(c) (b)
When If the pesticide contains arsenic in any form,
the
ingredient statement shall include percentages of total arsenic
and water soluble arsenic, each calculated as elemental arsenic.
(3) "Insect" means any of the numerous small invertebrate
animals
generally having the body a
more or less obviously
segmented body, for the most part belonging to the class insecta,
comprising 6-legged, usually winged forms, as for example beetles,
bugs,
bees, and flies, and to other allied classes or of arthropods
whose members are wingless and usually have more than 6 legs, as
for example spiders, mites, ticks, centipedes, and wood lice.
(4) "Insecticide" means a pesticide intended for preventing,
destroying, repelling, or mitigating an insect.
(5) "Integrated pest management" means a total pest management
system
that uses all suitable techniques in a total management
system
to prevent pests from reaching
unacceptable levels or to
reduce existing pest populations to acceptable levels.
(6) "Integrated pest management program" means a program for
integrated pest management that includes at least all of the
following elements:
(a) The following integrated pest management practices and
principles:
(i) Site evaluation, including site description, inspection,
and monitoring and the concept of threshold levels.
(ii) Consideration of the relationship between pest biology and
pest management methods.
(iii) Consideration of all available pest management methods,
including population reduction techniques, such as mechanical,
biological, and chemical techniques and pest prevention techniques,
such as habitat modification.
(iv) Pest control method selection, including consideration of
the impact on human health and the environment.
(v) Continual evaluation of the integrated pest management
program to determine the program's effectiveness and the need for
program modification.
(b)
Recordkeeping which shall be maintained by the applicator
and
which shall include including
all of the following:
(i) The site address.
(ii) The date of service.
(iii) The target pest or pests.
(iv) The inspection report, including the number of pests found
or reported, and the conditions conducive to pest infestation.
(v) The pest management recommendations made by the
applicator, such as structural or habitat modification.
(vi) The structural or habitat modification or other measures
that were initiated as a part of the pest management program.
(vii) The name of each pesticide used.
(viii) Quantity of each pesticide used.
(ix) The location of the area or room or rooms where pesticides
were applied.
(x) The name of the applicator.
(xi) The name and the emergency telephone number of the pest
control
firm, if a firm is employed. , and the emergency telephone
number.
(c) Provision of the following information to the building
manager:
(i) The integrated pest management program and initial service
inspection record, which shall be provided at the time of, or made
available electronically within 48 hours after, the initial
service.
(ii) A record that includes the information specified in
subdivision (b), which shall be provided upon, or made available
electronically within 48 hours after, the completion of each
inspection, application, or service call.
(d) The acceptance of responsibility by the building manager
to post signs provided by the pesticide applicator in compliance
with rules promulgated under section 8325.
(7) "Label" means the written, printed, or graphic matter on
or attached to the pesticide or device or any of its containers or
wrappers.
(8) "Labeling" means the label and all other written, printed,
or graphic matter accompanying the pesticide or device, or to which
reference is made on the label or in literature accompanying the
pesticide or device, and all applicable modifications or
supplements to official publications of the EPA, the United States
departments of agriculture and interior, the United States
departments of education and health and human services, state
experiment stations, state agricultural colleges, and other similar
federal or state institutions or agencies authorized by law to
conduct research in the field of pesticides.
(9) "Local health officer" means that term as defined in
section 1105 of the public health code, 1978 PA 368, MCL 333.1105.
(10) (9)
"Maximum contaminant
level" means that term as it is
defined in title XIV of the public health service act, 42 USC 300f
to
300j-25, and regulations promulgated under that act implementing
that title.
(11) (10)
"Method detection limit"
means the minimum
concentration of a substance that can be measured and reported with
99%
confidence that the analyte concentration is greater than 0 and
is
as determined from analysis of a sample in a given
matrix that
contains the analyte.
(12) (11)
"Minor use" means the use
of a pesticide on a crop,
animal,
or site where if any of the following exist:apply:
(a) The total United States acreage for the crop or site is
less than 300,000 acres.
(b) The acreage expected to be treated nationally as a result
of that use is less than 300,000 acres annually.
(c) The use does not provide sufficient economic incentive to
support the initial registration or continuing registration of the
use.
(13) (12)
"Misbranded" applies to
any pesticide or device if
it is an imitation of or is offered for sale under the name of
another pesticide, or if its labeling does not comply with labeling
requirements of this part, the rules promulgated under this part,
FIFRA, or regulations promulgated under FIFRA.
(14) (13)
"Molluscicide" means a
pesticide intended for
preventing, destroying, repelling, or mitigating a mollusk.
Sec. 8316b. (1) Subject to subsections (2) to (4), a school or
day care center shall not apply pesticide to a playground, turf, or
athletic or playing field.
(2) In an emergency, the local health officer may authorize a
school or day care center to make an application of pesticide
otherwise prohibited by subsection (1). In the case of a public
school, in an emergency, the governing body may also authorize an
application of pesticide otherwise prohibited by subsection (1). An
authorization under this subsection shall be in writing.
(3) Subsection (1) does not prohibit the use of any of the
following:
(a) An antimicrobial pesticide or other antimicrobial product.
(b) An aerosol product with a directed spray, in containers of
18 fluid ounces or less, when used to protect individuals from an
imminent threat from stinging and biting insects, including
venomous spiders, bees, wasps, and hornets.
(c) Nonvolatile insect or rodent bait in a tamper-resistant
container.
(d) A pesticide classified by the United States environmental
protection agency as an exempt material under 40 CFR 152.25.
(e) Boric acid and disodium octaborate tetrahydrate.
(f) Horticultural soap or oil that does not contain synthetic
pesticides or synergists.
(4) Subsection (1) applies to a school beginning 180 days
after the effective date of the amendatory act that added this
section. Subsection (1) applies to a day care center beginning 1
year after the effective date of the amendatory act that added this
section.
(5) The director of the department of agriculture and rural
development in consultation with the superintendent of public
instruction and the director of the department of community health
shall develop guidance on pesticide alternatives to facilitate
compliance with this section.
(6) The department of agriculture and rural development shall
consult with the superintendent of public instruction and the
director of the department of community health during the
development of any rules under section 8325 to implement this
section.