CORE Addendum Cheat Sheet: MI-Specific Pesticide Laws

🎯 Top 5 Traps

1

3 APPLICATOR TYPES in Michigan + RUP authority + supervision rules. (1) PRIVATE certified applicator: uses/supervises RUP for production of agricultural commodity on own/employer's/rented land. (2) COMMERCIAL certified applicator: uses general or RUP for purposes other than private — typically for hire. (3) COMMERCIAL REGISTERED applicator: may NOT purchase or use RUPs; may apply general-use pesticides; supervised only during MDARD-approved training. DIRECT SUPERVISION = certified applicator PHYSICALLY PRESENT at time and place of application. Must be AT LEAST 18 YEARS OLD. Credentials valid 3 YEARS. Renewal: approved seminars + credits OR retake exam. PABL (Pesticide Applicator's Business License): 2 application seasons as employee of commercial applicator OR bachelor's in pest control + 1 application season. RECIPROCITY: INDIANA, OHIO, WISCONSIN, MINNESOTA — must obtain reciprocating state's certification + pay fees. State pesticide laws may be MORE restrictive than federal, but NOT LESS strict.

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MICHIGAN RECORD-KEEPING WINDOWS (Regulation 636) + state penalties. GENERAL-USE pesticides: keep records 1 YEAR. RESTRICTED-USE pesticides: keep records 3 YEARS. 6 REQUIRED RECORD ELEMENTS: (1) NAME + CONCENTRATION of pesticide + EPA REGISTRATION NUMBER; (2) AMOUNT OF END-USE DILUTION; (3) TARGET PEST or PURPOSE; (4) DATE applied; (5) ADDRESS or LOCATION of application; (6) METHOD + RATE of application. Must be available to MDARD upon request. STATE PENALTIES (Act 451, Part 83): $1,000 to $5,000 per offense; may include imprisonment. Illegal to use unregistered pesticides, misbranded products, altered labels, or to make false claims about pesticide safety. EXEMPTION for incidental uses (written request to MDARD): general-use only + person not regularly engaged in pesticide application for hire + application is integral part of another operation.

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SCHOOL + CHILDCARE rules (Act 451, Part 83 + Reg 637 Rules 14-15) — testable specifics. IPM PROGRAM REQUIRED for indoor applications in schools + licensed childcare centers (germicides + disinfectants EXEMPT). ADVANCE NOTIFICATION to parents/guardians must include: target pest/purpose, approximate location, date of application, contact info for school/childcare, toll-free national pesticide info center number. LIQUID SPRAY OR AEROSOL INSECTICIDE applications: room must be UNOCCUPIED by students/children for AT LEAST 4 HOURS (or longer per label). NOTIFICATION REQUIREMENTS DO NOT APPLY TO BAITS AND GELS. Applicator IPM training required for applications in schools, day-cares, public buildings, healthcare facilities (excluding sanitizers/germicides/disinfectants/antimicrobials).

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REGULATION 640 BULK STORAGE thresholds + Reg 637 containment trigger + Part 87 setback. Reg 640 applies to facilities storing pesticides in INDIVIDUAL QUANTITIES GREATER than 55 GALLONS LIQUID or 100 POUNDS DRY + distributing bulk as direct sale or part of service. Annual MDARD registration required (NO FEE). EXTERNAL GAUGES NOT PERMITTED. MINIBULK SHUTTLES (LESS THAN 400 GALLONS): NOT diked but must be on PAVED, IMPERMEABLE surface. OPERATIONAL PAD (mixing/loading): AT LEAST 10 FEET BY 20 FEET + hold 1,500 GALLONS. Reg 637 Rules 6-7: CONTAINMENT STRUCTURES required when pesticides mixed/loaded 10 OR MORE DAYS PER YEAR at the same location — HAND-HELD + BACKPACK equipment EXEMPT. Part 87: NEW PESTICIDE STORAGE BUILDINGS must be AT LEAST 150 FEET from a PRIVATE WELL.

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MICHIGAN SPILL REPORTING — within 15 MINUTES to 3 LEVELS of government + container disposal + MIOSHA agricultural exemption. LOCAL: police, fire, 911. STATE: MDARD Spill Response 1-800-405-0101 (fertilizer, pesticide, manure) AND/OR MDEQ PEAS 800-292-4706 (especially uncontained spills reaching groundwater). FEDERAL: National Response Center 800-434-8802. Additional: CHEMTREC 800-424-9300. CONTAINER DISPOSAL: triple-rinsed OR power-rinsed + PUNCTURED before disposal in regular Type II sanitary landfill. NO FREE LIQUIDS in any landfill in Michigan. RINSATE: apply at or below label rates. CLEAN SWEEP sites — free for residents; less than 20% normal cost for dealers/applicators. MIOSHA RIGHT-TO-KNOW: agricultural pesticides EXEMPT (covered by FIFRA + Act 451, Part 83) — but petroleum, fertilizers, and other non-pesticide chemicals on farms ARE covered.

📞 Key Michigan Hotlines + Resources

MDARD Spill Response: 1-800-405-0101 — fertilizer, pesticide, manure spills

MDEQ Pollution Emergency Alerting System (PEAS): 1-800-292-4706 — uncontained spills reaching groundwater

National Response Center: 1-800-434-8802 — federal spill reporting

CHEMTREC: 1-800-424-9300 — chemical emergency assistance

MDARD Call Center: 1-800-292-3939 — exam scheduling, applicator certification

Bulletin AM-37: Pesticide Emergency Information — keep copies in vehicles + storage areas

🔢 Numbers You Must Know

Number

What It Represents

3 years

Michigan applicator credential validity period (private, commercial certified, commercial registered). Renew via approved seminars + credits OR retake exam.

3 applicator types

(1) Private certified, (2) commercial certified, (3) commercial registered. Only certified applicators may purchase or use RUPs. Registered applicators may NOT purchase or use RUPs.

18 years old

Minimum age for Michigan applicator certification.

6 months

Window after application date to pass the certification exam.

2 application seasons / 1 + degree

PABL (Pesticide Applicator's Business License) requirements: 2 application seasons as employee of commercial applicator OR bachelor's in pest control + 1 application season.

4 reciprocal states

Michigan reciprocity: INDIANA, OHIO, WISCONSIN, MINNESOTA. Still must obtain reciprocating state's certification + pay fees.

1 year / 3 years

Michigan record-keeping windows: GENERAL-USE pesticides = 1 year. RESTRICTED-USE pesticides = 3 years.

6 record elements

(1) Name + concentration + EPA reg number; (2) end-use dilution; (3) target pest/purpose; (4) date; (5) address/location; (6) method + rate.

4 hours unoccupied

Minimum unoccupied period for school/childcare rooms after liquid spray or aerosol insecticide application (or longer if label requires). Baits + gels exempt from notification requirements.

$1,000 to $5,000

State penalty range per offense under Act 451, Part 83 — for improper handling, transporting, applying, or storing of pesticides. May include imprisonment.

55 gallons / 100 pounds

Bulk storage threshold (Reg 640): individual quantities GREATER than 55 gallons liquid or 100 pounds dry trigger annual MDARD registration (no fee).

400 gallons

Minibulk shuttle threshold: shuttles LESS THAN 400 gallons do NOT need to be diked but must be on a PAVED, IMPERMEABLE surface.

10 ft x 20 ft / 1,500 gallons

Operational pad (mixing/loading) minimum dimensions and capacity under Regulation 640.

10 days per year

Trigger threshold for containment structures (Reg 637 Rules 6-7): when pesticides are mixed/loaded 10 OR MORE days per year at the same location, containment is required. Hand-held + backpack equipment exempt.

150 feet

Setback distance from a private well for new pesticide storage buildings (Part 87, Groundwater + Freshwater Protection).

15 minutes

Spill reporting window — agricultural releases must be promptly reported to 3 levels of government within 15 minutes.

3 levels of government

Spill reporting: LOCAL (police, fire, 911); STATE (MDARD Spill Response + MDEQ PEAS); FEDERAL (National Response Center). Plus CHEMTREC for assistance.

Less than 20%

Clean Sweep cost for pesticide dealers + applicators (residents free) — typically less than 20% of normal pesticide waste disposal cost.

17 + 19 rules

Regulation 637 has 17 rules (pesticide use); Regulation 640 has 19 rules (commercial pesticide bulk storage).

🔀 Easily Confused

Pair / Group

Distinguishing Feature

Private vs Commercial vs Registered applicator

Private certified: RUPs for own agricultural commodity production. Commercial certified: general or RUP for hire/non-private uses. Commercial registered: general-use only — may NOT purchase or use RUPs. All 3 require renewal every 3 years.

RUP authority

Only CERTIFIED applicators (private or commercial) may purchase or use RUPs. REGISTERED applicators may NOT purchase or use RUPs. Restricted-use pesticide DEALERS must maintain sales records 2 YEARS + sell only to certified applicators.

Direct supervision definition

Certified applicator must be PHYSICALLY PRESENT at the time and place the pesticide is being applied. Required when registered applicators are undergoing MDARD-approved training. NOT required for routine general-use applications by registered applicators.

Reciprocity states

Michigan reciprocity: INDIANA, OHIO, WISCONSIN, MINNESOTA. Still must obtain the reciprocating state's certification + pay fees. Reciprocity = no additional exams required.

Record-keeping: General-use vs RUP

General-use: 1 YEAR. Restricted-use: 3 YEARS. Same 6 required record elements either way (name/concentration/EPA reg, dilution, target pest, date, address, method/rate).

School: Notification required vs Exempt

NOTIFICATION REQUIRED: liquid sprays, aerosols, most insecticide applications. NOTIFICATION EXEMPT (DO NOT apply): BAITS and GELS. IPM PROGRAM EXEMPT: germicides + disinfectants for indoor applications.

School unoccupied period

4 HOURS minimum unoccupied period for liquid spray or aerosol insecticide applications in schools/childcare. Or longer if pesticide label requires. Baits + gels do NOT have this requirement.

Reg 636 vs Reg 637 vs Reg 640

Reg 636: applicator certification (types, exam, record-keeping requirements, training). Reg 637: pesticide USE (PPE, drift management, posting, schools, IPM, false claims) — 17 rules. Reg 640: commercial pesticide BULK STORAGE — 19 rules.

Bulk storage threshold

Reg 640 applies to individual quantities GREATER than 55 GALLONS LIQUID or 100 POUNDS DRY + distributing bulk as direct sale or part of service. Annual registration required with NO fee.

Minibulk shuttle rule

Minibulk shuttles LESS THAN 400 GALLONS: do NOT need to be diked, but must be on a PAVED, IMPERMEABLE surface. Larger bulk tanks: secondary containment (diking) required.

Containment trigger (Reg 637)

Containment structures required for mixing/loading and equipment washing/rinsing facilities used 10 OR MORE DAYS PER YEAR at the same location. HAND-HELD + BACKPACK equipment EXEMPT from this requirement.

Storage building setback

NEW pesticide storage buildings (Part 87): AT LEAST 150 FEET from a private well. Existing buildings may be grandfathered.

Container disposal: Recycling vs Landfill

RECYCLING: empty pesticide containers triple-rinsed OR power-rinsed can be recycled at MDARD pesticide container recycling program. LANDFILL: must be triple-rinsed/power-rinsed AND PUNCTURED before disposal in Type II sanitary landfill. NO FREE LIQUIDS allowed in any landfill.

State vs Federal vs Local spill reporting

Local: police, fire, 911. State: MDARD Spill Response 1-800-405-0101 (pesticide, fertilizer, manure) + MDEQ PEAS 1-800-292-4706 (especially groundwater-reaching spills). Federal: National Response Center 1-800-434-8802. Within 15 MINUTES.

MDARD vs MDEQ vs MIOSHA

MDARD (Michigan Department of Agriculture and Rural Development): pesticide registration, applicator certification, spill response. MDEQ (Department of Environmental Quality): hazardous waste, groundwater protection, PEAS hotline. MIOSHA (Michigan Occupational Safety + Health Act): worker protection, Right-to-Know.

Act 451 parts

Part 83: Pesticide Control (registration, certification, school rules, penalties). Part 87: Groundwater + Freshwater Protection (Michigan Groundwater Stewardship Program, Clean Sweep, 150 ft setback). Part 111: Hazardous Waste Management (container disposal, RCRA).

MIOSHA Right-to-Know agricultural exemption

Pesticides used for AGRICULTURAL purposes are EXEMPT from MIOSHA Right-to-Know (because they're regulated under FIFRA + Act 451, Part 83). Other hazardous chemicals on farms (petroleum, some fertilizers, non-pesticide chemicals) ARE covered by Right-to-Know.

Clean Sweep program

Drop-off sites for outdated/unused pesticides. FREE for Michigan residents; LESS THAN 20% of normal disposal cost for pesticide dealers + applicators. Part of Michigan Groundwater Stewardship Program (MGSP) under Act 451, Part 87.

⚖️ Michigan Laws + Regulations Quick Reference

Law / Regulation

Scope

Key Specifics

Act 451, Part 83 — Pesticide Control

Main Michigan pesticide law. Authorizes MDARD director to regulate pesticide distribution and sale.

All pesticides must be registered for sale/use in Michigan. Includes registration fees + groundwater protection fees. Penalties: $1,000 to $5,000 per offense; may include imprisonment. Sets school + childcare application rules.

Act 451, Part 87 — Groundwater + Freshwater Protection

State management plans (SMPs) for pesticides threatening groundwater. Michigan Groundwater Stewardship Program (MGSP). Clean Sweep sites.

NEW pesticide storage buildings: AT LEAST 150 FEET from a PRIVATE WELL. Clean Sweep: free for residents; less than 20% normal cost for pesticide dealers/applicators.

Act 451, Part 111 — Hazardous Waste Management

Administered by MDEQ Waste Management Division. Implements federal RCRA + Michigan Hazardous Waste Management Act.

Triple-rinsed/power-rinsed containers can be recycled at MDARD program. For landfill: triple/power-rinsed AND PUNCTURED in Type II sanitary landfill. NO FREE LIQUIDS in any landfill.

Regulation 636 — Pesticide Applicators

Establishes 2 types of certified applicators (private + commercial). Defines record-keeping requirements + commercial categories.

Application + fee + exam within 6 months. Must be 18+. Renewal every 3 years (seminars/credits or retake exam). Records: 1 year general-use / 3 years RUP. 6 record elements required. Approved trainers: 2 years experience + MDARD credentials.

Regulation 637 — Pesticide Use

Standards for pesticide use: label compliance, drift prevention, calibration, PPE, posting, school applications, IPM. 17 rules.

Rules 6-7: containment required when mixing/loading 10+ days/year (hand-held/backpack exempt). Rule 9: minimum PPE = long pants + protective footwear + impervious gloves. Rules 14-15: school + childcare IPM + procedures. Rule 16: organic farm registry.

Regulation 640 — Commercial Pesticide Bulk Storage

Bulk storage rules for commercial applicators, dealers, wholesalers, service-type operations. 19 rules. Annual MDARD registration (no fee).

Threshold: greater than 55 gallons liquid or 100 pounds dry. External gauges not permitted. Minibulk under 400 gal: paved/impermeable, no dike. Operational pad: 10 ft x 20 ft + 1,500 gallons. Written discharge response plan required.

MIOSHA Right-to-Know Act

Worker exposure to hazardous chemicals. Jointly enforced by MDPH + MDL. Incorporates federal Hazard Communication Standard.

Employers must: obtain/retain SDSs, develop written training program, ensure containers properly labeled. AGRICULTURAL pesticide use EXEMPT (FIFRA + Act 451, Part 83 cover them). Petroleum + non-pesticide chemicals on farms covered.

Federal vs State law

State pesticide laws may be MORE restrictive than federal. State pesticide laws may NOT be less strict than federal.

Michigan's Act 451 + regulations layer on top of federal FIFRA, FFDCA, FQPA, ESA. Section 24c FIFRA registrations: state-level for special local needs.

FIFRA Section 24c

Special Local Need (SLN) registrations administered by MDARD.

Allows Michigan-specific pesticide registrations for local pest problems not covered by federal labeling. MDARD also issues, prescribes terms, or revokes experimental use permits.

Pesticide Applicator's Business License (PABL)

License required for businesses applying pesticides for hire.

Qualifications: 2 application seasons as employee of commercial applicator OR bachelor's in pest control + 1 application season. Issued by MDARD under Act 451, Part 83.

RUP Dealer Records

Restricted-use pesticide dealers licensed by MDARD.

Must maintain sales records 2 YEARS. May sell RUPs ONLY to certified applicators.

🏛️ Michigan Operational Rules + Reporting Quick Reference

Topic

Rule

Key Specifics

Applicator certification

3 types: private certified, commercial certified, commercial registered. Must be 18+. Credentials valid 3 years.

Renewal: approved seminars + credits OR retake exam. Application + fee + exam within 6 MONTHS of application date. MDARD Call Center: 1-800-292-3939.

RUP authority

Only CERTIFIED applicators (private or commercial) may purchase or use RUPs.

Commercial REGISTERED applicators may NOT purchase or use RUPs. Restricted-use pesticide DEALERS must maintain sales records 2 YEARS + sell only to certified applicators.

Direct supervision

Certified applicator must be physically present at time and place of application.

Required when registered applicators are undergoing MDARD-approved training. Outside training, registered applicators may apply general-use pesticides without direct supervision.

Reciprocity

Michigan reciprocity: Indiana, Ohio, Wisconsin, Minnesota.

Must obtain reciprocating state's certification + pay fees. No additional exams required for reciprocal states.

Record-keeping windows

General-use pesticides: 1 YEAR. Restricted-use pesticides: 3 YEARS.

Required: name + concentration + EPA reg #, end-use dilution, target pest/purpose, date, address/location, method/rate. Available to MDARD upon request.

School + childcare IPM

IPM program required for indoor pesticide applications in schools + licensed childcare centers.

Germicides + disinfectants exempt. Applies to all other pesticide applications.

School + childcare notification

Advance notification to parents/guardians: target pest/purpose, location, date, school/childcare contact, toll-free national pesticide info center number.

NOTIFICATION REQUIREMENTS DO NOT APPLY TO BAITS AND GELS.

School room unoccupied period

Liquid spray or aerosol insecticide: room must be unoccupied by students/children for AT LEAST 4 HOURS (or longer per label).

Different from REI on label — this is a Michigan-specific minimum for schools.

Bulk storage threshold (Reg 640)

Greater than 55 gallons liquid or 100 pounds dry per individual quantity + distributing bulk = annual MDARD registration (no fee).

Setback distances from wells, surface water, other water supplies. External gauges not permitted. Written discharge response plan required.

Minibulk shuttles

Minibulks LESS THAN 400 GALLONS: NOT diked but must be on a PAVED, IMPERMEABLE surface.

Larger bulk tanks require secondary containment (diking).

Operational pad

Mixing/loading pad: AT LEAST 10 FEET BY 20 FEET + hold 1,500 GALLONS.

Required where bulk storage facility includes mixing/loading operations.

Containment trigger (Reg 637 Rules 6-7)

Containment structures required when pesticides mixed/loaded 10 OR MORE DAYS PER YEAR at same location.

Hand-held + backpack equipment EXEMPT from this requirement.

Storage building setback (Part 87)

New pesticide storage buildings: AT LEAST 150 FEET from a private well.

Designed to protect groundwater. State Management Plan requirement.

Minimum commercial PPE (Reg 637 Rule 9)

Unless otherwise directed by label, applicators must wear: long pants, protective footwear, impervious gloves (when hands likely to contact pesticide).

Plus all label-specified PPE. Comparable or greater protection may substitute for impervious gloves.

Spill reporting (15 minutes)

Promptly report all agricultural releases to 3 levels of government within 15 MINUTES.

LOCAL: police/fire/911. STATE: MDARD Spill Response 1-800-405-0101 + MDEQ PEAS 1-800-292-4706. FEDERAL: National Response Center 1-800-434-8802. Plus CHEMTREC 1-800-424-9300.

Spill response sequence

(1) Protect personal safety FIRST + put on PPE. (2) Control source (shut off valves/pump, plug holes, set container upright). (3) Contain to small area away from groundwater/surface water. (4) Communicate to authorities. (5) Cleanup with spill kit or remediation contractor.

If can't control without endangering self → call 911. Fire warning: spraying water on some chemicals can cause reactions; use extinguisher rated for ALL types of fires.

Container disposal

Triple-rinsed or power-rinsed containers can be recycled at MDARD program. For landfill disposal: triple/power-rinsed AND PUNCTURED in Type II sanitary landfill.

NO FREE LIQUIDS in any landfill in Michigan. Rinsate must be applied at or below label rates.

Clean Sweep program

Drop-off sites for outdated/unused pesticides under Michigan Groundwater Stewardship Program.

Free for Michigan residents. Less than 20% normal cost for pesticide dealers + applicators.

MIOSHA Right-to-Know exemption

Agricultural pesticide use EXEMPT from Right-to-Know (FIFRA + Act 451 Part 83 cover them).

Other hazardous chemicals on farms (petroleum, some fertilizers, non-pesticide chemicals) ARE covered by Right-to-Know. Employers must obtain/retain SDSs, develop training program, properly label containers.

💡 Memory Hooks

3 applicator types: "Private, commercial, registered." Michigan certifications.

RUP rule: "Only certified applicators can use RUPs." Registered applicators are general-use only.

Direct supervision: "Physically present at time and place." Required during training.

3-year credentials: "Renew every three years." Seminars + credits or retake.

Records: "1 year general, 3 years RUP." Two different windows.

Records elements: "Six items: name, dilution, pest, date, location, method." Required content.

Schools: "Four hours unoccupied for liquid sprays." Baits and gels exempt.

Reciprocity: "Indiana, Ohio, Wisconsin, Minnesota — IOWM." Four neighbors.

Bulk storage trigger: "55 gallons liquid or 100 pounds dry." Greater than = registered with MDARD.

Minibulk rule: "Under 400 gallons — paved surface, no dike." Distinct from larger bulk.

Operational pad: "Ten by twenty feet, 1,500 gallons." Mix/load minimum.

Containment trigger: "Ten days a year at the same spot — containment required." Hand-held + backpack exempt.

Storage setback: "150 feet from a private well." New buildings only.

Spill reporting: "Three levels in 15 minutes." Local, state, federal.

State spill line: "MDARD: 1-800-405-0101." First state call.

Container disposal: "Triple rinse and puncture for landfill." Can't dump intact.

Landfill rule: "No free liquids in any landfill." Rinsate must be applied to label sites.

Clean Sweep: "Free for residents, under 20 percent for applicators." Drop-off cost.

MIOSHA + ag pesticides: "Agricultural pesticides exempt from Right-to-Know." FIFRA covers them instead.

Federal vs state: "States can be more strict, not less." Federal floor.

Penalties: "$1,000 to $5,000 per offense." May include imprisonment.

Addendum: Michigan-Specific Pesticide Laws