Mich. Admin. Code R. 285.637.11 - Commercial notification and posting requirements
Rule 11.
(1) The
requirements of this rule do not apply to general-use ready-to-use
pesticide.
(2) When making a
broadcast, foliar, or space application of pesticides to an ornamental or turf
site, other than a golf course or farm production operation, a commercial
applicator shall comply with both of the following provisions:
(a) In addition to requirements specified in
R 285.637.12(1) and (2), an applicator shall inform a customer that lawn
markers should remain posted for 24 hours, after which time the customer should
remove the lawn markers.
(b)
Immediately following the application, a commercial applicator shall place a
lawn marker sign at the primary point or points of entry. Lawn markers
specified in this subrule (2) must only be used when making pesticide
applications and must comply with all of the following specifications:
(i) Be 4 inches high by 5 inches
wide.
(ii) Be constructed of rigid,
weather-resistant material.
(iii)
Be attached to a supporting device with the bottom of the marker extending not
less than 12 inches above the turf.
(iv) Be identically printed on both sides in
green letters on a white background using the indicated point type
size.
(v) Include only the
following information:
(A) The statement
"CAUTION" in 11/16-inch high (72-point) type.
(B) The statement "Pesticide Application" in
9/32-inch (30-point) type.
(C) The
statement "Keep Off Until Dry" in 9/32-inch (30-point) type.
(D) Have not less than a 2-inch diameter
circular illustration that depicts an adult and child walking a dog on a leash.
The illustration must depict, using a diagonal line across the circle, that
this action is prohibited.
(E) The
statement "Customer: Please Remove After 24 Hours" in 3/32-inch (11-point)
type.
(F) Additional information
not required under this subrule may only be placed on the lawn marker or
supporting device with the written approval of the department.
Click Here To View Image
(3) All broadcast, foliar, or
space pesticide applications that are made to public or private golf courses by
a commercial applicator must comply with all of the following provisions:
(a) Applicators shall notify users of, or
visitors to, the golf course in accordance with all of the following
requirements:
(i) Notification of pesticide
application must be provided on a poster or placard that is constructed of
all-weather material.
(ii) The
poster or placard must contain a general statement that from time to time
pesticides are in use in the management of turf and ornamental pests.
(iii) The poster or placard must state that
questions or concerns that arise in relation to the pesticide application must
be directed to the golf course superintendent or his or her designated
representative.
(iv) The poster or
placard must state that, upon request, the superintendent or his or her
representative will supply the information specified in subdivision (b) of this
subrule.
(v) The poster or placard
must be displayed prominently in the pro shop, locker rooms, or registration
area.
(b) At the time of
broadcast, foliar, or space pesticide application to golf course property, the
applicator shall post on the first and tenth tees, in a conspicuous place, a
sign that states all of the following information:
(i) The date and time of
application.
(ii) The common name
of the pesticide applied.
(iii) The
areas treated.
(iv) The label
reentry precautions.
(v) The name
of a person who may be contacted for further information.
(c) Posting requirements must remain in
effect until specific label reentry requirements have been fulfilled.
(4) A commercial applicator who
makes a broadcast, foliar, or space insecticide application in a commercial
building, public building, or health care facility shall comply with all of the
following:
(a) The applicator shall, upon
completion of an insecticide application, provide a sign to be displayed in a
readily observable place at the primary point of entry by the building
manager.
(b) The applicator shall
instruct the building manager that the sign must be displayed and remain posted
for not less than 48 hours after the most recent application of an
insecticide.
(c) The building
manager shall post all signs provided by the applicator in accordance with this
subrule.
(d) Signs that are used
for posting must comply with the following specifications:
(i) The sign shall be a minimum of 2 1/2
inches high by 2 1/2 inches wide.
(ii) Information must be in black letters on
a muted background.
(iii) The sign
must have an illustration that is not less than 1 3/4 inches high by 2 inches
wide that depicts a cloud symbol encompassing a house. This illustration shall
serve to inform the public that insecticides have been applied in the
building.
(iv) The sign must have a
space provided in which the date of application is to be indicated by the
applicator. This information must read: "DATE _______________" in a minimum
1/8-inch (16-point) type.
(5) All of the following provisions apply to
notification requirements for community or right-of-way applicators:
(a) A commercial applicator shall not make a
broadcast or foliar application of pesticides for community or right-of-way
pest management without making documented efforts to provide prior notification
to persons who own or reside on property that is within the target area or to
their authorized representatives. Prior notification shall be provided by the
commercial applicator or his or her agent.
(b) Documented efforts to notify property
owners, their agents, or persons who own or reside on property that is within
the target area for community mosquito control pesticide applications include
at least 1 of the following methods:
(i)
Personal contact.
(ii) A
comprehensive community outreach program, which must be filed annually with the
director.
(iii) Prior written
notification.
(c)
Commercial applicators who make community pesticide applications for mosquito
control shall do all of the following:
(i)
Provide prior notification to persons who request it.
(ii) Exclude mosquito pesticide applications
from the property of those persons who request to be excluded.
(iii) Provide general information or
literature about the pesticide application in response to inquiries within the
targeted community. This does not include any proprietary or confidential
business information.
(d) Reasonable efforts to notify property
owners, their agents, or persons residing within the target area for
right-of-way or community pesticide applications other than those for mosquito
control must include at least 1 of the following methods:
(i) Personal contact.
(ii) Advertisement in at least 1 newspaper of
general circulation within the area of application. The notice must be placed
in the legal advertisement section.
(iii) Prior written notification.
(e) Notification of property
owners must include all the following information:
(i) The name, address, and phone number of
the application firm or individual.
(ii) The brand name and active ingredients of
the pesticide or pesticides used.
(iii) The method of application.
(iv) The scheduled date or dates of
application.
(v) The name, address,
and phone number of a person who may be contacted and who is responsible for
supplying updated information concerning the application for those people who
request it.
(vi) Any reentry
restrictions.
(f)
Multiple-use areas must be posted for not less than 24 hours at the primary
point or points of entry immediately after a pesticide application has occurred
within the area. The posting must state all of the following information:
(i) The name, address, and phone number of
the application firm or individual.
(ii) The brand name and active ingredients of
the pesticide or pesticides used.
(iii) The date of the application.
(iv) Precautionary warnings or reentry
restrictions that appear on the label of the pesticide or pesticides that are
applied.
(g) Upon
petition, the director may exempt community or area-wide applicators from the
requirements of subdivision (f) of this subrule if there is sufficient
documentation to indicate that residues of a particular pesticide are not
detectable after application.
(h)
Upon a determination by the director of the Michigan department of health and
human services that an imminent danger to the health or lives of individuals
exists in this state, the director shall cooperate and provide assistance and
recommendations to eliminate or mitigate the danger. The director may waive or
modify notification and exclusion requirements of this rule to facilitate
response.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.