Section 324.8310a - Issuance of license pursuant to part 13; form; information to be provided; out-of-state business location; report; denial, suspension, or revocation of license; exemption from requ
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.8310a Issuance of license pursuant to part 13; form; information to be provided; out-of-state business location; report; denial, suspension, or revocation of license; exemption from requirements of subsection (1).
Sec. 8310a.
(1) A person who 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 continuously maintain in this state both of the following:
(a) A registered office.
(b) A resident agent, which agent may be either 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.
(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 the state is exempt from the requirements of subsection (1).
History: Add. 2008, Act 18, Imd. Eff. Feb. 29, 2008
Popular Name: Act 451
Popular Name: NREPA