Michigan Office of Administrative Hearings and Rules  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
1. Agency Information  
Agency name:  
Agriculture and Rural Development  
Pesticide and Plant Pest Management Division  
Name of person completing this form:  
Jamie Guardiola  
Phone number of person completing this form:  
E-mail of person completing this form:  
Name of Department Regulatory Affairs Officer reviewing this form:  
Brad Deacon  
2. Rule Set Information  
MOAHR assigned rule set number:  
2021-69 AC  
Title of proposed rule set:  
Regulation no. 634. Commercial fertilizers  
3. Purpose for the proposed rules and background:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 2  
The rules provide for details on the sale of commercial fertilizers, both protecting consumers through  
requirements on guaranteed nutrients and labeling standards, as well as providing for standards on  
slow-release fertilizers. The rules also include a provision on reporting requirements for amounts  
sold. Proposed updates:  
Rule 1 & Rule 2 Update the element percentage solubility guarantee.  
•Align the minimum nutrient guarantee figures with specific and actual plant uptake, in addition to  
improved and more accurate laboratory testing technology. Meaning, plants can only utilize a given  
amount of each nutrient. Allowing a minimum guarantee that is smaller and more in line with plant  
uptake allows farmers to apply less fertilizer, which protects the environment from non-utilized  
nutrients being lost to soils, groundwater, and surface water.  
•Adopt the current nationally used standards, set by the American Association of Plant Food Control  
Officials (AAPFCO).  
•Remove redundant language.  
Rule 7 Update report due dates to annually.  
•Streamlines reporting for industry.  
•Eases administrative burdens.  
4. Summary of proposed rules:  
The rules will allow the State of Michigan to align with current standards set by AAPFCO. The  
subsequent decrease in fertilizer usage and cost of tonnage reporting as a result of the proposed rule  
change benefits the public’s health, farmers, and the environment. The proposed rule change will  
benefit farmers and the industry by reducing the cost of tonnage reporting and decreasing the amount  
of fertilizer used. Both the public and environment will also see substantial benefits due to that  
decrease in fertilizer usage.  
5. List names of newspapers in which the notice of public hearing was published and  
publication dates:  
The Escanaba Daily Press on November 5, 2021  
The Muskegon Chronicle and The Bay City Times on November 7, 2021  
6. Date of publication of rules and notice of public hearing in Michigan Register:  
7. Date, time, and location of public hearing:  
12/7/2021 01:00 PM at Constitution Hall, 525 W Allegan Street, Lansing, MI 48933, Room: CH-ATN  
-THEODORE-BROWN , Virtual Room: Microsoft Teams +1 248-509-0316,,659194761#  
United States, Pontiac Phone Conference ID: 659 194 761#  
8. Provide the link the agency used to post the regulatory impact statement and cost-benefit  
analysis on its website:  
9. List of the name and title of agency representative(s) attending public hearing:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 3  
Brad Deacon, Regulatory Affairs Officer  
Jamie Guardiola, Office of Legal Affairs & Emergency Management  
Mike Phillip, Director, Pesticide & Plant Pest Management Division  
Tim Lyons, Feed Safety & Fertilizer Program Manager  
Jarrod Fletcher, Fertilizer Program  
Bradley Varner, Legal Affairs Extern  
10. Persons submitting comments of support:  
Chuck Lippstreu, Michigan Agri-Business Association  
11. Persons submitting comments of opposition:  
12. Identify any changes made to the proposed rules based on comments received during the  
public comment period:  
Name &  
Comments made at Written  
Agency Rationale Rule number  
Organization public hearing  
for change  
& citation  
Strongly support No change  
proposed changes  
No change  
13.Date report completed:  
MCL 24.242 and 24.245