Mich. Admin. Code R. 285.637.12 - Applicator service agreements

Rule 12.

(1) Before applying a pesticide, a commercial applicator who is required to be licensed by the act, or his or her authorized agent, shall enter into an oral or written service agreement with the customer or authorized agent. The agreement shall specify all of the following:
(a) The customer's consent to services.
(b) The name, address, and telephone number of the firm that provides the pesticide application services.
(c) The approximate schedule, frequency, and duration of anticipated services.
(2) A commercial applicator who is required to be licensed by the act, or his or her authorized agent, shall provide all of the following written information to the customer or to the customer's authorized agent:
(a) The name, address, and telephone number of the firm that provides the pesticide application services.
(b) The full name of the applicator who provides services.
(c) A general description of the target pest or pests to be controlled.
(d) A list of the pesticides applied, including the common name of the active ingredient.
(e) The time and date of the application.
(f) Applicable precautionary warnings or reentry restrictions which appear on the label of the pesticide or pesticides that are applied.
(3) The information required in subrule (2) of this rule shall be provided in one of two ways:
(a) Not later than at the time of each pesticide application.
(b) The information may be provided electronically within 48 hours after the application if the commercial applicator has the written approval of the customer or the customer's authorized agent prior to the application.
(4) Not later than at the time of initial pesticide application, a commercial applicator who is required to be licensed by the act, or his or her authorized agent, shall provide all of the following written risk and benefit information to the customer or the customer's authorized agent:
(a) The definition of a pesticide.
(b) A general description of how pesticides work.
(c) Why pesticides are used.
(d) General toxicity information related to all of the following:
(i) The type of compound used.
(ii) The environment in which the pesticide is applied.
(iii) General exposure information.
(iv) The amount or rate of pesticide applied.
(v) Proper pesticide applications in compliance with the label.
(e) Common sense precautionary measures for the customer regarding pesticides.
(f) General information on the environmental fate of pesticides.
(g) Instructions to the customer to discuss site preparation and precautionary measures with the pesticide applicator.
(h) Instructions to the customer to consult with a physician if an unusual reaction occurs.
(5) A commercial agricultural or aerial applicator may provide the information specified in both of the following provisions to the customer or the customer's authorized agent in place of the information requirements specified in subrules (2) and (3) of this rule:
(a) Oral instructions to the customer or the customer's authorized agent on labeled reentry and preharvest interval requirements before application.
(b) A copy of the risk and benefit information sheet or the pertinent section of the label that pertains to risks and benefits.
(6) If an emergency requires immediate pesticide application, the information that is required in subrule (2) of this rule may be provided after the application has occurred.
(7) The department reserves the right to review and prohibit the use of written information required to be provided to customers in subrule (3) of this rule if the director determines that the information does not meet the intent of subrule (3) of this rule.
(8) The duration of a service agreement shall not be more than 12 months unless either written notification of continuation of service is provided annually or unless the service agreement is a signed contract that specifies a definite time period during which the contract is valid. Written notification of continuation of service shall provide information to the customer regarding how to discontinue service.
(9) When requested by the customer or his or her authorized agent, the commercial applicator shall provide all of the following documents to the customer:
(a) Product labels.
(b) Material safety data sheets.
(c) Environmental protection agency fact sheets, if available.
(d) A document that specifies the rate of application of the active ingredients of the products applied.
(10) If the customer is acting in the interest of residents of the treated premises, then the customer shall make the information provided in this rule available to the residents upon request.

Notes

Mich. Admin. Code R. 285.637.12
1992 AACS; 1995 AACS; 2008 AACS

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