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
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