DEPARTMENT OF AGRICULTURE

               PESTICIDE AND PLANT PEST MANAGEMENT DIVISION

                      REGULATION NO. 637. PESTICIDE USE


(By authority conferred on the director of the department of  agriculture  by 
section 8325 of 1994, PA 451, MCL 324.8325)



R 285.637.1  Definitions; A to O.
Rule 1.  As used in these rules:
   (a)   "Act" means 1994 PA 451, MCL 324.8301.
   (b)  "Broadcast" means any application of pesticides over an area, such as 
a lawn, field, room, crawl space, or other such surface.  The term  does  not 
include crack and crevice or  spot  applications  made  to  selected  plants, 
insects, soil, or other surfaces.
   (c)  "Building manager" means  the  person  who  is  responsible  for  the 
building's pest management program and to whom any reporting and notification 
shall be made pursuant to these rules.
   (d)  "Commercial building" means any building or portion thereof which  is 
not a private residence where a business is located and which  is  frequented 
by the public.
   (e)  "Community pesticide application" means an application of  pesticides 
to multiple properties for which the commercial applicator does  not  have  a 
service agreement with each individual property owner or  resident,  such  as 
local mosquito control and  gypsy  moth  spray  programs.   Apartments,  town 
houses or condominiums are considered a single property under this definition.
   (f)  "Crack  and  crevice"  means  the  application  of  insecticide  into 
openings commonly found at expansion joints, between  different  elements  of 
construction, and between equipment and floors.
   (g)  "Dry break" means a 1 or 2-piece 'in-line' aperture or area used  for 
accepting or drawing liquid, which is separate from  the  active  circulating 
system,  and  not  subject  to  positive  or  negative  pressure  during  the 
application process.  This aperture may include  a  spring  operated  plunger 
device to prevent leakage in the event of shutoff valve failure.
   (h)"Emergency situation" means  an  occurrence  which  is  not  reasonably 
foreseeable and which requires attention and action before the time  required 
for notice pursuant to MCL 324.8316(3) in order to  protect  or  enhance  the 
health or safety of those reasonably believed to be involved with, or exposed 
to, the occurrence.
   (i)  "FIFRA" means the federal insecticide, fungicide, and rodenticide act 
of 1947, as amended, 7 U.S.C. §136 et seq.
   (j) "Health care facility" means a facility which is not  a  private  home 
and at which people may stay 1 or more nights and receive medical care,  such 
as a hospital or nursing home.
   (k)  "Mixing and loading facility" means a site for commercial applicators 
that has the following meanings:
   (i)  For  commercial  aerial  applicators,  the  term  means  the  primary 
location in Michigan at which pesticides are repackaged,  loaded,  mixed,  or 
transferred from 1 container to another.
   (ii)  For all other commercial applicators, the term means a  location  or 
site  where  pesticides  are  transferred  from  one  container  to  another, 
repackaged, or mixed in dry or liquid form for over 10 days in  any  calendar 
year, but does not mean a pesticide-producing  establishment  as  defined  by 
FIFRA, unless the establishment also transfers, repackages, or mixes  dry  or 
liquid  pesticides.   Transfer  between  containers  includes  transfers   to 
pesticide application equipment and nurse tanks.  Any mixing or loading  site 
that is owned or operated within a 1/2-mile radius of another  site  that  is 
owned or operated by the same person will be considered as the same  facility 
or site.
   (l)  "Multiple-use areas" means developed outdoor public recreation areas, 
such as, but not limited to, campgrounds,  rest  areas,  parks,  playgrounds, 
picnic areas, and athletic fields.  The term  does  not  include  undeveloped 
forested areas.
   (m)  "Nonpowered equipment" means  pesticide  application  equipment  that 
pumps or disperses pesticides without utilizing a motorized  power  source.
Examples   include   manual   pumps,   aerosols,   or   other   non-motorized 
self-contained or operated spray equipment.
   (n)   "Off-target  direct  discharge"  means  the  direct  application  of 
pesticides onto a property that is beyond  the  boundaries  of  the  intended 
treatment area.
   (o)  "Off-target drift" means the physical movement of a pesticide at  the 
time of application from the targeted site of application  to  any  nontarget 
site.  Off-target drift shall  not  include  the  off-target  movement  of  a 
pesticide by means of erosion, volatilization, or  windblown  soil  particles 
after the application of a pesticide.
   (p)  "Organic farm" means a location or site that is registered under  MCL 
286.911(4).

  History:  1992 AACS; 1995 AACS; 2008 AACS.


R 285.637.2  Definitions; P to W.
   Rule 2.  As used in these rules:
   (a)  "Pesticide-containing material" means any of the following:
   (i)  Any container of a pesticide product that has not been triple  rinsed 
or the equivalent thereof.
   (ii)  Any rinsate that is derived from a  pesticide  container,  pesticide 
application equipment, or equipment washing.
   (iii)  Any material that is used to collect or contain excess  or  spilled 
pesticide or rinsate.
   (iv)  Any mixture of pesticide and diluent.
   (v)  Material that is generated as a result of contact with or utilization 
of a pesticide in an application, containment, recovery, reuse, or  treatment 
system.  The  term  does  not  include  personal  protective  equipment  that 
contains pesticide residue.
   (b)  "Pesticide-producing establishment" means any site where a  pesticide 
is manufactured, packaged,  repackaged,  prepared,  processed,  or  held  for 
distribution or sale.
   (c)  "Properties adjacent  to"  means  properties  which  share  a  common 
boundary line or corner with the property to be treated or which are directly 
across an undivided road, stream, or right-of-way from  the  property  to  be 
treated.
   (d)  "Public building" means a building that is owned  or  operated  by  a 
federal, state, or local government, including public universities.
   (e)  "Registry" means a list of persons who  must  be  notified  before  a 
pesticide is applied, as described in R 285.637.5.
   (f)  "Rinsate" means any material that may  result  from  the  rinsing  of 
interior surfaces of pesticide containers, pesticide  application  equipment, 
or containment areas that has or may have pesticide residues.
   (g)  "School"  means  public  and  private  schools,  grades  kindergarten 
through the twelfth grade.
   (h)  "Sensitive area" means any of the following:
   (i)  Occupied school buildings, together with any land that is part of the 
same property and is within 100 feet of such  buildings,  and  including  any 
playgrounds, athletic fields, or other such facilities which are  in  use  at 
the time of the pesticide application.
   (ii)  Developed recreation areas that are in use and open to  the  public, 
including any of the following:
   (A)  Developed public or commercial campgrounds.
   (B)  Developed picnic areas.
   (C)  Marked roadside rest areas.
   (D)  Marked publicly owned or maintained hiking trails.
   (E)  Developed park and recreation facilities.
   (F)  Playgrounds.
   (G)  Other areas that are developed for organized sports or recreation.
   (iii)  Apiary locations.
   (iv)  Water bodies, including plotted streams, brooks, rivers, ponds,  and 
lakes, if any such water body contains water at the  time  of  the  pesticide 
application.
   (v)  Organic farms as defined in R 285.637.1(p).
   (vi)  Health care facilities.
   (vii)  Commercial preschool and  day-care  centers  that  are  located  in 
buildings which are in use and identified by signs or other means  and  which 
are recognizable to the public.
   (viii)  Posted school bus stops which are identified by  signs  and  which 
are recognizable to the public.
   (i)  "Space" means the application of a  pesticide  that  is  intended  to 
discharge a pesticide into the air throughout an entire volumetric area.
   (j)  "Spill kit" means a portable kit or other equipment that is  designed 
to recover, minimize, contain, or absorb spills, leaks,  releases,  or  other 
discharges of pesticides.
   (k)  "Spot treatment" means a pesticide application  to  a  portion  of  a 
definable area, such as floors,  walls,  ceilings,  bases  or  undersides  of 
equipment, turf, or ground.  A "spot" shall not be more than 2  square  feet, 
and the total area treated shall not exceed  20% of the definable area.
   (l)  "Use of a pesticide in a manner inconsistent with its label" means to 
use any pesticide in a manner that  is  not  consistent  with  the  labeling, 
except that the term does not apply to any of the following:
   (i)  Applying a pesticide at any dosage, concentration, or frequency  that 
is less than that specified on the labeling, unless the labeling specifically 
prohibits deviation from the specified dosage, concentration, or frequency.
   (ii)  Applying a pesticide against any target pest that is  not  specified 
on the labeling if the application is to the crop, animal, or  site  that  is 
specified on the labeling.
   (iii)  Employing any method of application that is not prohibited  by  the 
labeling unless the labeling specifically states  that  the  product  may  be 
applied only by the methods specified on the labeling.
   (iv)  Mixing a pesticide or pesticides with a fertilizer when such mixture 
is not prohibited by the labeling.
   (v)  Any use of a pesticide that is in compliance with the  provisions  of 
section 5, 18, or 24 of FIFRA.
   (m)  "Washing or rinsing facility" means a site for commercial applicators 
where pesticides and pesticide-containing materials are cleaned,  washed,  or 
rinsed from containers or from pesticide application, handling,  storage,  or 
transportation equipment for more than 10 days in any calendar year.
   (n)  "Wash water" means water that is used to wash  exterior  surfaces  of 
application, handling, storage, or transportation equipment  where  pesticide 
residues are likely to occur.

  History:  1992 AACS; 1995 AACS; 2008 AACS.



R 285.637.3  Terms defined in act.
   Rule 3.  Terms defined in the act have the  same  meanings  when  used  in 
these rules.

  History:  1992 AACS; 2008 AACS.


R 285.637.4  Standards for pesticide use.
   Rule 4.  A pesticide application shall be made in compliance with  all  of 
the following provisions:
   (a)  A pesticide shall be used in a manner that  is  consistent  with  its 
label.
   (b)  Pesticide applications shall  be  made  in  a  manner  that  prevents 
off-target direct discharges of pesticides.
   (c)   Pesticide  application  equipment  shall  be  in  sound   mechanical 
condition and shall be free of leaks and other defects or  malfunctions  that 
might cause a pesticide to be deposited off-target or in  a  manner  that  is 
inconsistent with its label.
   (d)  Pesticide application equipment shall be properly calibrated.
   (e)  Pesticide  application  equipment  shall  have  properly  functioning 
shutoff valves or other  mechanisms  that  enable  the  operator  to  prevent 
off-target discharge.
   (f)  Pesticide application or loading equipment that is designed  to  draw 
water shall have a properly functioning anti-siphoning device.
   (g)  At sites where pesticides  are  mixed,  loaded,  or  transferred,  an 
applicator shall maintain and utilize equipment in a manner that prevents the 
incidental release of pesticides to the environment.
   (h)   All  commercial  aerial   applicators   shall   maintain   pesticide 
application equipment in compliance with all  of  the  following  performance 
standards:
   (i)  Dry breaks shall be used to connect loading hoses to aircraft.
   (ii)  All hoses shall either be double clamped or the equivalent.
   (iii)  Mesh screens on loading hoses shall be at least 20  mesh  or  finer 
unless otherwise specified by the pesticide manufacturer or the product label.
   (iv)  Shutoff valves shall be in  place  at  the  discharge  side  of  the 
loading pump and on each side of dry breaks.
   (v)  The  loading  system  shall  be  flushed  with  clean  water  at  the 
completion of each individual load, except when using undiluted material.
   (vi)  Equipment such as gaskets on quick-disconnect coupling, nozzle check 
valve diaphragms, and o-rings shall be replaced annually.
   (vii)  An aircraft that has  a  circulating  pump  system  shall  have  an 
operating 3-way spray valve  that,  when  in  the  off  position,  creates  a 
negative pressure on the outlet or boom side.
   (i)  Applications shall  not  occur  when  weather  conditions  favor  the 
off-target drift of pesticides or prevent the proper deposition of pesticides 
to the target area.
   (j)  Before applying  a  pesticide,  the  applicator  shall  identify  any 
sensitive areas that are located on properties adjacent to  the  target  area 
and shall use  appropriate  precautionary  measures  to  prevent  the  direct 
discharge or drift of pesticides to those areas.
   (k)  Pesticides shall be applied in a manner that minimizes  the  exposure 
of nontarget  humans,  livestock,  domestic  animals,  and  wildlife  to  the 
pesticides. Unless permitted by the  label,  an  applicator  shall  take  all 
reasonable precautions that will prevent a pesticide from  being  applied  if 
unprotected persons are present within the application site or are present in 
adjacent areas when off-target drift may occur.
   (l)  A commercial applicator that is required to  be  licensed  under  the 
act,  other  than  an  aerial  applicator,  shall   provide   the   following 
information, which shall be printed  or  affixed  on  the  exterior  of  each 
vehicle that is used to transport a pesticide:
   (i)  The name of the licensed applicator firm.
   (ii)  The business telephone number, address, or United States  department 
of transportation census number of the licensed applicator firm.
   (iii)  The printed information must be legible and visible.
   (iv)  The required information shall be in a typeface  3  inches  high  or 
larger.
   (v)  The  director  may  grant  an  exemption  from  the  requirements  of 
paragraphs (i) and (ii) of this  subdivision  upon  petition  by  a  licensed 
applicator firm.
   (m)  Any person who mixes, loads, or otherwise uses pesticides shall  have 
immediate access to a spill kit.  Aerial applicator spill kits shall  contain 
not less than 2 buckets, absorptive pillows, or another system for containing 
leaking nozzles.  The spill kit requirement does not apply to  a  person  who 
uses single containers of use dilution pesticides in a quantity that is  less 
than 16 ounces.

  History:  1992 AACS; 2008 AACS.


R 285.637.5  Registry of  persons  requiring  notification  before  turf  and 
ornamental application of pesticides.
   Rule 5.  (1)  The  department  shall  maintain  a  voluntary  registry  of 
persons who, due to a  verifiable  medically  documented  condition,  require 
notification before the application of  pesticides  on  a  property  that  is 
adjacent to their primary residences.  Upon  request,  the  department  shall 
annually register a person  who  requires  notification  before  the  use  of 
pesticides.  Each year, the person shall submit a valid  certificate  from  a 
physician who is licensed to practice medicine.  The certificate shall be  on 
forms provided by the department and shall indicate the following information:
   (a)  The current  diagnosed  condition  or  ailment  of  the  person  that 
specifies the need for notification.
   (b)  Any recommended additional distance notification deemed necessary and 
substantiated by the physician.  The physician's  information  shall  include 
the recommended additional distance in feet.
   (2)  The certificate that is provided to the department  pursuant  to  the 
provisions of subrule (1) of  this  rule  shall  be  subject  to  review  and 
approval by the department.
   (3)  Registration shall also include all of the following  information  on 
forms provided by the department:
   (a)  Name, address, other than a post office  box  number,  and  telephone 
number of a person who requires notification.
   (b)  Name, address, other than a post office  box  number,  and  telephone 
number of a designated contact person.
    (c)  A list of addresses of properties that are adjacent to  the  primary 
residence  of  the  person  requiring  notification.   Information  shall  be 
provided as follows:
   (i)  Street address and occupant  name,  or  designation  as  vacant  lot, 
direction (N, S, E,  W),  and  estimated  street  address  from  notification 
person's address.
   (ii)  Designation  of  multiple  dwelling  units  such  as  apartments  or 
condominiums, if applicable.
   (iii)  Designation  as  multiple  use  area  or  commercial  property,  if 
applicable.
   (d)  A list of names  and  addresses  of  additional  property  owners  as 
provided for in subrule (1)(b) of this rule.  Information shall  be  provided 
as follows:
   (i)  Street address and occupant  name,  or  designation  as  vacant  lot, 
direction (N, S, E,  W),  and  estimated  street  address  from  notification 
person's address.
   (ii)  Designation  of  multiple  dwelling  units  such  as  apartments  or 
condominiums, if applicable.
   (iii)  Designation  as  multiple  use  area  or  commercial  property,  is 
applicable.
   (4)  The printed registry list shall remain confidential,  to  the  extent 
permitted by law, except for the following information:
   (a)  Name, address, and telephone number of the designated contact person.
   (b)   Addresses  of  the  adjacent  properties  or  other  properties   as 
identified in subrule (1) (c) and (1) (d) of this rule.
   (c)  The address of a person who requires notification.
   (5)  The individual requiring prior notification, or his or her designated 
contact person, shall  obtain a copy of the annual list and ensure  that  the 
specific information provided to the department is accurate and  a  component 
of the list.
   (6)  Initial applications may be submitted to the department at any time.
Renewal registration forms supplied by  the  department  shall  be  submitted 
annually on or before February 1.  An applicant shall immediately notify  the 
department of any address or contact person information change.
   (7)  The department shall  annually  publish  a  list,  by  March  15,  of 
nonconfidential information provided by persons who  request  notification.
Listings shall be provided to all of the following entities:
   (a)  Commercial pesticide applicator firms that are licensed in categories 
which will require the firms to notify persons on the registry.
   (b)  County public health departments.
   (c)  Upon request, commercial applicators who are certified in a  category 
that will require the applicators to notify persons on the registry.
   (8)  Before a lawn  or  ornamental  pesticide  other  than  a  general-use 
ready-to-use pesticide is applied on a property address listed  on  the  most 
recent published registry, a commercial applicator shall notify  the  contact 
person on the registry. Notification shall take place before the  application 
in accordance with all of the following provisions:
   (a)  By telephone the previous business day before a pesticide application 
or by written notification that is delivered in person to  the  residence  of 
the  listed  contact  person.   Written  notification   shall   include   all 
information that is listed in subdivision (b) of this subrule  and  shall  be 
left at the main entrance to the residence not  less  than  24  hours  before 
application.
   (b)  Notification shall include all of the following information:
   (i)  Name, address, and telephone number of the commercial  applicator  or 
firm that makes the application.
   (ii)  Anticipated date and approximate time of the application.
   (iii)  Location of the application.
   (iv)  Name of the pesticide active ingredient or ingredients being applied.
   (c)  If the initial application date is postponed, new notification  shall 
be issued before the next application as required by subdivision (a) of  this 
subrule.
   (d)  The  licensee's  responsibility  to  notify  a  person  who  requires 
notification shall be  considered  discharged  if  any  1  of  the  following 
provisions is complied with:
   (i)  Telephone notification  is  attempted  on  the  business  day  before 
application  and,  if  unsuccessful,  the   applicator   has   left   written 
notification at the person's residence at the time of application.
   (ii)  Written notification is delivered in person not less than  24  hours 
before application.
   (iii)  The applicator  obtains  written  authorization  from  the  contact 
person for alternate methods of notification.
   (e)  The registry shall be subject to annual review by the department.
   (f)  This rule shall not apply to applications of pesticides that are made 
through a closed injection system.

  History:  1992 AACS; 1995 AACS; 2008 AACS.


R 285.637.6  Mixing and loading facilities.
   Rule 6.  (1)  Pesticide mixing or loading shall not occur at a mixing  and 
loading facility unless the mixing or  loading  is  in  compliance  with  the 
provisions of this subrule.  Mixing and loading shall only  occur  on  a  pad 
that is in compliance with all of the following requirements:
   (a)  The pad shall be  constructed  with  impervious  materials,  such  as 
sealed concrete, plastic,  stainless  steel,  fiberglass  or  other  approved 
materials.
   (b)  The pad shall be bermed, curbed, sloped,  or  otherwise  designed  to 
contain spills, leaks, releases,  or  other  discharges  that  are  generated 
during the mixing and loading of pesticides or pesticide-containing materials.
   (c)  Pesticides or pesticide-containing materials that  are  collected  by 
the pad shall be contained either by the pad itself or  drained,  pumped,  or 
transferred  to  an  additional  impermeable,  aboveground  holding  tank  or 
reservoir until utilized or disposed of in compliance with applicable  local, 
state, and federal laws.  The holding tank or  reservoir  shall  be  suitably 
constructed to prevent the  release  of  pesticides  or  pesticide-containing 
materials to the environment.
   (d)  The pad or holding tank or reservoir shall be  able  to  contain  the 
amount of pesticide that could be discharged during 1  minute  of  mixing  or 
loading.
   (e)  Mixing or loading pads which are located outdoors and which  are  not 
covered shall also meet either of the following criteria:
   (i)  Have the capacity to contain a 6-inch rainfall.
   (ii)  Be cleaned of all pesticide residues  immediately  after  spills  to 
prevent contaminants from entering rainwater runoff.
   (f)  Any portable pad or retractable pad that is stored  in  a  manner  to 
prevent  the  interception  and  subsequent  runoff  of  pesticide-containing 
material shall not be subject to the provisions of subdivision  (e)  of  this 
subrule.
   (g)  The mixing or loading of pesticides shall not occur unless a  primary 
shutoff mechanism is  immediately  accessible.   In  addition,  an  emergency 
shutoff  mechanism  shall  be  located  upstream  from  the  primary  shutoff 
mechanism and shall be positioned to be fully operated within 30 seconds.
   (h)  The requirements of this rule shall not apply to hand-held equipment.
   (2)  A pesticide-producing establishment that is in  compliance  with  the 
provisions of R 285.640.10 pertaining  to  operational  area  containment  is 
exempt from the provisions of this rule.
   (3)  An agricultural mixing or loading facility that  maintains  a  mixing 
and loading pad in accordance with the provisions of this rule is exempt from 
maintaining a second mixing and loading pad at a  location  where  pesticides 
are mixed with anhydrous ammonia for a period of not more than 60 days in any 
calendar year.

  History:  1992 AACS; 2008 AACS.


R 285.637.7  Washing and rinsing facilities.
   Rule 7.  The washing or rinsing of  pesticide  residues  from  application 
equipment, mixing equipment, or other items that are used  for  the  storage, 
handling, or use of a pesticide shall  not  be  performed  at  a  washing  or 
rinsing facility other than in a designated wash or rinse containment area as 
required by this rule.  Washing  and  rinsing  in  a  wash  and  rinse  water 
containment area shall be in compliance with all of the following provisions:
   (a)  Washing and rinsing shall occur on  a  pad  that  is  constructed  of 
impervious materials, such as  sealed  concrete,  plastic,  stainless  steel, 
fiberglass, or other approved material.
   (b)    The   pad   shall   be   designed   to   contain   pesticides   and 
pesticide-containing materials that are generated during washing and  rinsing 
and prevent the release of such material to the environment.
   (c)  Washing and rinsing may occur at a mixing and loading facility.
   (d)  The requirements of this rule shall not apply to any of the following:
   (i)  Situations that constitute an  emergency  where  washing  or  rinsing 
pesticide residues from equipment or other  items  is  necessary  to  prevent 
imminent harm to human health or the environment.
   (ii)  Aircraft used by aerial applicators.
   (iii)  Hand-held equipment.
   (iv)  Any other equipment that is excluded by the director after a  review 
of supporting documentation.
   (v)  Pesticide containers being  prepared  for  disposal  consistent  with 
their label directions or R 285.637.8.

  History:  1992 AACS; 2008 AACS.


R 285.637.8   Management  of  excess  pesticides   and   pesticide-containing 
materials.
   Rule 8.  (1)  Persons who have pesticide-containing materials that consist 
of pesticides for which federal or state registration has not been  suspended 
may, except as provided in subrules (3) and  (4)  of  this  rule,  use  these 
materials as a pesticide in accordance with the instructions for use  on  the 
label of the pesticide or pesticides they contain.   Both  of  the  following 
uses of pesticides or pesticide-containing material are considered to be uses 
in accordance with label directions:
   (a)  The application of a pesticide or pesticide-containing material to  a 
labeled site so that the total application rate of the active ingredient does 
not exceed directions for use provided on the label.
   (b)   Pesticide-containing  materials  that  are  used  as   diluents   in 
subsequent mixtures of pesticides and diluents if the subsequent applications 
of such mixtures are in compliance with the provisions of subdivision (a)  of 
this subrule.
   (2)  Soils, sediments, debris, or other pesticide-containing material  may 
be used as a pesticide under the provisions of these rules if the person  who 
manages the material knows the amount of active ingredient in the material or 
can estimate the largest possible amount of active ingredient in the material 
being managed either because of having direct  knowledge  of  the  amount  of 
pesticide that is contained in the material or as a  result  of  testing  the 
material.  Application of material for which the amount of active  ingredient 
is unknown or cannot be estimated is prohibited.
   (3)  A person who has quantities of pesticide-containing materials and who 
does not intend to use these materials as pesticides in compliance  with  the 
provisions of subrule (1) of this rule  shall  follow  the  instructions  for 
product and container disposal on the label of the pesticide.  A  person  who 
recycles, recovers, or otherwise handles  pesticide-containing  materials  in 
compliance with applicable local, state, and federal solid waste  laws  shall 
be considered to be in compliance with the  label  directions  for  disposal, 
even if a method of disposal or handling that is used is not specified in the 
instructions for disposal on the pesticide label.
   (4)  Soils, sediments, debris, or other  solids  that  contain  pesticides 
that may have been altered as a result of a fire or  other  occurrence  shall 
not be used as a pesticide unless laboratory analysis is obtained to  confirm 
that the material may still be effectively used as a pesticide.
   (5)  Spills, leaks, releases, or other accidental discharges of pesticides 
or pesticide-containing materials shall be promptly contained  and  recovered 
in a manner that assures the protection of human health and the environment.
Surfaces that intercept such discharges shall be promptly cleaned  to  assure 
maximum recovery.  Recovered pesticides  and  pesticide-containing  materials 
and materials that are used to contain, minimize, absorb, or  collect  spills 
shall be managed in accordance with subrule (1)(a) of this rule.
   (6)  A person shall  not  dispose  of  or  handle  any  pesticide  or  any 
pesticide-containing material as follows:
   (a)  In a manner that is inconsistent with its labeling.
   (b)  So as to cause or allow a discharge to the environment  in  a  manner 
that is inconsistent with the label instructions for use or disposal.
   (c)  So as to violate any state or federal pollution control statute.
   (d)  So as to cause or allow burying in a land site in a  manner  that  is 
not in compliance with applicable state and federal solid waste regulations.
   (e)   So  as  to  cause  or   allow   the   storage   of   pesticides   or 
pesticide-containing  materials,  including  rinsate  or   wash   water,   in 
underground tanks.  This prohibition  does  not  apply  to  watertight  catch 
basins that are used for temporary collection or other recirculating  systems 
as approved by the director.

  History:  1992 AACS; 2008 AACS.


R 285.637.9  Personal protective equipment.
   Rule 9.   (1)   A  pesticide  applicator  shall  follow  label  directions 
regarding personal protective equipment.
   (2)  Commercial applicators who use a pesticide shall comply with  all  of 
the following minimum protective  equipment  requirements,  unless  otherwise 
directed by the pesticide product label:
   (a)  Long pants shall be worn.
  (b)  Footwear that provides protection from  exposure  to  the  pesticide   
being used shall be worn.
   (c)  Long-sleeve clothing shall be worn.   Short-sleeve  clothing  may  be 
worn if water and  soap  or  other  protection  is  in  place  that  provides 
comparable  or  greater  protection   is   immediately    available    and    
short-sleeve clothing is not prohibited by the pesticide label.
   (d)  Gloves that are impervious to the pesticide in use shall be  worn  in 
any situation where the individual's hands are likely to  come  into  contact 
with  a  pesticide,  unless  other  protection  is  in  place  that  provides 
comparable or greater protection.

  History:  1992 AACS; 2008 AACS.

Editor's Note: An obvious error in R 285.637.9 was corrected at  the  request 
of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended 
by 2000 PA 262, MCL 24.256.  The rule containing the error was  published  in 
Michigan Register, 2008 MR 4.  The memorandum requesting the  correction  was 
published in Michigan Register, 2008 MR 12.



R 285.637.10  Off-target pesticide drift.
  Rule 10.  (1)  Pesticide applications  shall  be  made  in  a  manner  that 
minimizes  off-target  drift,  unless  prior  authorization  and  consent  as 
specified in subrule (3) of this rule is obtained from the owner or  resident 
of the land onto which drift may occur.
   (2)  Before making a pesticide application, an applicator shall do both of 
the following:
   (a)  Determine the likelihood of off-target drift.
   (b)   Determine  the  direction  of  possible  off-target  drift  and  any 
sensitive areas that may be impacted.
   (3)  When pesticide off-target drift is likely to occur due to the  nature 
of the application or atmospheric conditions, including, but not  limited  to 
wind speed and direction, a drift management plan shall be  utilized  by  the 
applicator to minimize the  occurrence  and  adverse  effects  of  off-target 
drift.  The plan shall include provisions to secure the informed  consent  of 
residents in the affected area before making the  application.   If,  in  the 
course of making an application off-target drift occurs, the applicator shall 
notify the residents in the affected area either  verbally  or  with  written 
notification which includes the name, address, and phone number of  a  person 
who may be  contacted  and  who  is  responsible  for  supplying  information 
concerning the application before leaving the application  site.   The  drift 
management plan shall include drift minimization practices.   Such  practices 
may include any of the following:
   (a)  The use of a possible combination of nozzles, pressure, or volume  to 
manage droplet size.
   (b)  The use of  equipment that is designed to minimize off-target drift.
   (c)   The  consideration  of  release  distance  to  target  to   maximize 
deposition.
   (d)  The use of drift reduction additives.
   (e)  The establishment of a no-spray buffer zone.  The buffer zone may  be 
treated with nonpowered equipment.
   (f)  The identification of the maximum  wind  speed  and  direction  under 
which applications can be made.
   (g)  The use of wind shields or  windbreaks  to  contain  spray  drift  or 
deflect spray drift.
   (h)  Other specific measures stated in the  plan  that  are  effective  in 
minimizing the incidence of off-target drift.
   (4)  Drift management plans shall be in writing.  The plan will state  the 
measures to be used and how those measures will reduce off-target drift.  The 
drift management plan shall be annually reviewed by the person  who  utilizes 
the plan.
   (5)  A record of the sites where the drift management plan was implemented 
and a copy of the drift management plan shall be retained for a period  of  1 
year for general use pesticides and 3 years for restricted use pesticides and 
shall be made available to the director upon request.
   (6)  Operating under a drift management plan does not exempt an applicator 
from complying with appropriate federal or state statutes and  regulations.
However, the department shall consider  the  presence  and  use  of  a  drift 
management plan as a factor in determining appropriate enforcement action.

  History:  1992 AACS; 2008 AACS.


R 285.637.11  Commercial notification and posting requirements.
   Rule  11.   (1)   The  requirements  of  this  rule  shall  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 subrule (2) of this rule shall only be used when  making 
pesticide applications and shall be in compliance 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  shall 
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 subrule (2)  of  this  rule 
may only be placed on the lawn marker or supporting device with  the  written 
approval of the department.
PDF      Pesticide 
Application Image
   (3)  All broadcast, foliar, or space pesticide applications that are  made 
to public or private golf courses by a  commercial  applicator  shall  be  in 
compliance 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 shall be provided on  a  poster 
or placard that is constructed of all-weather material.
   (ii)  The poster or placard shall 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 shall state that questions or  concerns  that 
arise in relation to the pesticide application shall be directed to the  golf 
course superintendent or his or her designated representative.
   (iv)   The  poster  or  placard  shall  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 shall 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 shall 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  shall  be  in  compliance  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 shall be in black letters on a muted background.
   (iii)  The sign shall have an illustration which is not less  than  1  3/4 
inches high by 2 inches wide and which 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  shall  have  a  space  provided  in  which  the  date  of 
application is to be indicated by the  applicator.   This  information  shall 
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  shall  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 shall 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  shall  be  placed  in  the   legal 
advertisement section.
   (iii)  Prior written notification.
   (e)  Notification of property  owners  shall  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 shall 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 shall 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)  Notification requirements shall be waived in the event  of  a  public 
health emergency as determined by the Michigan department of community health.

  History:  1992 AACS; 1995 AACS; 2008 AACS.

Editor's Note: An obvious error in  R  285.637.11  was  corrected  at   the   
request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as 
amended by 2000 PA 262, MCL 24.256.  The  rule  containing  the  error  was   
published  in Michigan Register, 2008 MR 4.  The memorandum requesting  the   
correction  was published in Michigan Register, 2008 MR 4.


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.

  History:  1992 AACS; 1995 AACS; 2008 AACS.


R 285.637.13  Misrepresentation of pesticide safety prohibited.
   Rule 13.  A  commercial  applicator  shall  not  make  false,  misleading, 
deceptive, or fraudulent representations concerning pesticide safety.  All of 
the following claims or statements are prohibited:
   (a)  Any statement that implies a pesticide is recommended or endorsed  by 
any federal or state agency.
   (b)  Claims of absolute safety.
   (c)  Unsubstantiated or  comparative  statements  on  the  safety  of  the 
pesticide, including but not limited to any of the following statements:
   (i)  "Contains all natural ingredients."
   (ii)  "Among the least toxic chemicals known."
   (iii)  "Pollution approved."

  History:  1992 AACS; 2008 AACS.


R 285.637.14  Integrated pest management.
   Rule  14.   For  all  pesticide  applications   other   than   sanitizers, 
germicides, disinfectants, or anti-microbial agents made in  schools,  public 
buildings, day  care  centers,  and  health  care  facilities,  both  of  the 
following provisions shall be complied with before any pesticide application:
   (a)  A pesticide applicator  shall  have  verifiable  participation  in  a 
training program which is approved by the director, and which includes all of 
the following integrated pest management elements:
   (i)  Site evaluation, including all of the following:
   (A)  Site description.
   (B)  Site inspection.
   (C)  Site monitoring.
   (D)  The concept of threshold levels.
   (ii)  The relationship between pest biology and pest management methods.
   (iii)  Pest management methods, including population reduction techniques, 
such as mechanical, biological and chemical techniques, and  pest  prevention 
techniques, such as habitat modification.
   (iv)  The development and implementation of an integrated pest  management 
program, with consideration for reducing the possible impact of pesticide use 
on  human  health  and  the  environment,  including  people   with   special 
sensitivities to pesticides.
   (v)  Evaluation of an integrated pest management program to determine  the 
program's effectiveness and need for modification.
   (vi)  Recordkeeping requirements for  public  buildings  and  health  care 
facilities the same as those defined in MCL 324.8304(6)(b)  for  schools  and 
day care centers.
   (vii)  The need  to  communicate  with,  and  enlist  the  assistance  of, 
building managers  for  the  implementation  of  integrated  pest  management 
programs.
   (b)  A written integrated pest management program shall be  in  place  for 
each building in which pesticide applications take  place.   A  copy  of  the 
integrated pest management program shall be located  at  the  school,  public 
building, day care center or health care facility and shall include  all  the 
same elements as defined in MCL 324.8304(6) for schools and day care centers.

  History:  1992 AACS; 2008 AACS.


R 285.637.15  Pesticide use in and around schools and day care centers.
   Rule  15.   (1)   All  pesticide  applications  other   than   sanitizers, 
germicides, disinfectants, and anti-microbial agents that  are  made  in  and 
around  schools,  public  buildings,  day  care  centers,  and  health   care 
facilities, are subject to the provisions of this rule.
     (2)  Outdoor ornamental and turf applications of liquid spray pesticides 
shall not be made on school grounds within 100  feet  of  occupied  classroom 
buildings during normal school class hours or  when  persons  are  using  the 
treatment area.
   (3)  An applicator shall notify the school or day care  center's  building 
manager of any reentry intervals that are required by labels of any pesticide 
that the applicator has applied in a school building or day care  center,  or 
on any school or day care center property.
   (4)  Annual notification of  pesticide  applications  required  under  MCL 
324.8316(2) shall include designation of the commonly used primary  entrances 
at which posting of pesticide  application  information  required  under  MCL 
324.8316(3) shall occur.
   (5)  During the months when school  is  not  in  regular  session,  school 
administrators may utilize a message  notification  system  that  parents  or 
guardians may access at least 1 day before application.  If this  alternative 
is utilized, parents or guardians shall be advised how the information may be 
obtained.

  History:  1992 AACS; 1995 AACS; 2008 AACS.


R  285.637.16   Organic farms; listing.
  Rule 16. (1) The department shall annually compile a  listing  of   organic 
farms.
  (2) The department shall provide the listing to  all  commercial  pesticide 
application firms that are  licensed  in   agricultural,   right-of-way,   or 
aerial application.
  (3) A person who owns or operates an organic  farm  may   appear   on   the 
department's organic farm listing by doing both of the following:
  (a) Submitting a request to the department, on the  department's  form,  by 
March 1 of each year.
  (b) Marking the organic farm so that a  person  who   makes   a   pesticide 
application to an adjacent property can easily recognize the  property  as an 
organic farm.

  History:  1992 AACS.


R 285.637.17  Penalties for violation of local pesticide ordinances.
   Rule 17.  (1)  A local unit of  government  shall  utilize  the  following 
schedule of fines for violation of local  ordinances  authorized  by  section 
21a(3) of the act:
   (a)  A violation of R 285.637.5(8), which requires prior  notification  to 
persons on the registry, shall be subject to a fine of $50.00 for  the  first 
offense, $100.00 for the second offense, $250.00 for the third  offense,  and 
$500.00 for the fourth offense.
   (b)  A violation of R 285.637.11(1),  (2),  (3)  or  (5),  which  requires 
posting of lawn and ornamental sites, golf courses,  community  applications, 
and rights-of-way, shall be subject  to  a  fine  of  $25.00  for  the  first 
offense, $50.00 for the second offense, $100.00 for the third  offense,   and 
$200.00 for the fourth offense.
   (c)  A violation of R 285.637.11(4), which requires applicators to provide 
building managers of commercial or public buildings, health care  facilities, 
day-care centers, and schools with signs, shall  be  subject  to  a  fine  of 
$25.00 for the first offense, $50.00 for the second offense, $100.00 for  the 
third offense, and $200.00 for the fourth offense.
   (d)  A violation of R 285.637.11(4)(c) by  a  building  manager  shall  be 
subject to a formal warning for the first offense, a fine of $50.00  for  the 
second offense, a fine of $100.00 for  the  third  offense,  and  a  fine  of 
$200.00 for the fourth offense.
   (e)  A violation of MCL 324.8316(2) to (4), requiring schools and day-care 
centers to provide information regarding pesticide applications to parents or 
guardians, shall be subject to a fine of $25.00 for the first offense, $50.00 
for the second offense, $100.00 for the third offense, and  $200.00  for  the 
fourth offense.
   (2)  Multiple violations of a particular ordinance or rule that  occur  on 
the same day shall be treated as 1 violation.
   (3)  Each type of offense shall accumulate on a  calendar  year  for  each 
person subject to the local ordinance, so  that  at  the  beginning  of  each 
calendar year the offense cycle begins again, except that,  for  purposes  of 
subrule (1)(d) of this rule, a building manager who has previously received a 
formal warning shall be subject to a fine of $25.00 for the first offense.
   (4)  All offenses shall be considered as a single violation of  each  type 
until a person is notified of the issuance of a citation  by  the  authorized 
local government agency.
   (5)  A local unit of government shall notify the person or firm alleged to 
be in violation within 72 hours of the issuance of a citation.
   (6)  A person may appeal a citation and fine assessment to the department.
   (7)  A local  unit  of  government  shall  refer  a  fifth  or  subsequent 
violation  by  a  person  within  a  calendar  year  to  the  department  for 
investigation and enforcement action.
   (8)  A local unit of government shall  notify  the  department  within  10 
working days of the issuance of  a  citation  for  a  violation  of  a  local 
ordinance pursuant to the act.
   (9)  A local unit of government shall not assess fines for violations that 
occur  before  there  is  an  incident  or  complaint  that  precipitates  an 
investigation or before there is an observation by a local official.
   
  History:  1995 AACS; 2008 AACS.