Pesticide Laws and Regulations
Who regulates what
Pesticide law in Michigan rests on two layers. FIFRA sets federal rules: every pesticide sold or used must be EPA-registered, and the label is the legal document. Michigan has primacy under Part 83 of the Natural Resources and Environmental Protection Act (Act 451), administered by the Michigan Department of Agriculture and Rural Development (MDA). MDA certifies applicators, licenses pesticide dealers, and can impose stricter state restrictions than EPA. Know the certification categories: private applicators apply restricted-use pesticides (RUPs) on land they own, rent, or their employer owns-no custom application for hire. Commercial applicators apply for hire or on property they do not control. Registered technicians work under a certified applicator's supervision.
Traps
Questions love the phrase "the label is the law"-use consistent with the label is a legal requirement, and "labeling" is broader than the container label (it includes brochures and worker-protection materials). Do not assume EPA registration means a product is harmless. State law may be stricter. A private applicator cannot charge a neighbor for RUP application; that becomes commercial. Section 24(c) special local needs and Section 18 emergency exemptions are narrow-never assume they apply without the actual exemption document.
Worked example
A farm employee sprays an RUP on the employer's own fields. Is a private or commercial credential needed? Private: the application is on the employer's land, not for hire, and the employee is supervised. If the same employee sprays a neighbor's field for pay, the operation needs a commercial applicator credential.
Rule of thumb: follow the money-if the application is a paid service, think commercial; if it is on your own or employer's land, think private.