DEPARTMENT OF AGRICULTURE & RURAL DEVELOPMENT
PESTICIDE AND PLANT PEST MANAGEMENT DIVISION
REGULATION NO. 629: SEED POTATO CERTIFICATION REQUIREMENTS
Filed with the secretary of state on April 13, 2020
These rules take effect on January 1, 2021.
(By authority conferred on the department of agriculture by sections 4 and 7 of the
seed potato act, 2018 PA 94, MCL 286.684 and 286.687)
R 285.629.1, R 285.629.2, R 285.629.3, R 285.629.4, R 285.629.5, R 285.629.6,
R
285.629.7, and R 285.629.8 are added to the Michigan Administrative Code as follows:
R 285.629.1 Definitions.
Rule 1. (1) As used in these rules:
(a) “Act” means the seed potato act, 2018 PA 94, MCL 286.681 to 286.689.
(b)
(c) “Late blight” means Phytophthora infestans.
(d) Potato grower” or “grower” means a person owning, leasing, managing, or in
charge of any land upon which potatoes are planted and grown.
“Bacterial ring rot” means Clavibacter michiganensis subspecies sepedonicus.
“
(e) “Registered grower” means a person who has notified the director of their intent
to grow potatoes in this state in combined seed lots of 1 acre or more.
(f) “Material Transfer Agreement” means an agreement between a grower and a
research or educational institution that provides for the transfer of seed potatoes of
an experimental cultivar; restricts the use and transfer of the seed potatoes or their
progeny; and includes the name of the developing institution, the name of the
recipient, the name of the cultivar, and the purpose or purposes of the cultivar’s
use.
(2) A term defined in the act has the same meaning when used in these rules.
R 285.629.2 General provisions.
Rule 2. (1) A grower shall register with the department through a form or process
established by the director.
(2) For the purposes of sections 3, 4, and 5 of the act, MCL 286.683, 286.684, and
286.685, any person who plants 40 hundredweight of seed potatoes on at least 1
acre of land is subject to the act and all regulations promulgated thereunder.
(3) Exceptions provided to a grower pursuant to these rules carry over to the
grower’s distributor.
R 285.629.3 Research exceptions to the act.
Rule 3. A research exception may be granted when 1 of the 2 following documents
are provided:
(a) A Material Transfer Agreement.
July 25, 2019