Bill Text: MI HB6095 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Agriculture; pesticides; use on school or day care playgrounds; prohibit. Amends sec. 8304 of 1994 PA 451 (MCL 324.8304) & adds sec. 8316b.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-12-27 - Printed Bill Filed 12/13/2012 [HB6095 Detail]

Download: Michigan-2011-HB6095-Introduced.html

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HOUSE BILL No. 6095

 

December 13, 2012, Introduced by Reps. Brown and Tlaib and referred to the Committee on Regulatory Reform.

 

     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.