State Budget Office  
Office of Regulatory Reinvention  
111 S. Capitol Avenue; 8th Floor, Romney Building,  
Lansing, MI 48933  
Phone: (517) 335-8658 FAX: (517) 335-9512  
REQUEST FOR RULEMAKING (RFR)  
Under the Administrative Procedures Act (APA), 1969 PA 306, the agency that has the statutory authority  
to promulgate rules must electronically file a RFR with the Office of Regulatory Reinvention (ORR)  
before initiating any changes or additions to the rules. Submit copy to the ORR at orr@michigan.gov.  
1. Agency Information  
Agency name: Michigan Department of Agriculture and Rural Development  
Division/Bureau/Office: Pesticide and Plant Pest Management Division  
Agency contact person name, e-mail, and phone: Brad Deacon  
deaconb9@michigan.gov  
517-284-5729  
2. Rule Set Information  
Title of proposed rule set: Seed Potatoes  
Rule number(s) or range of numbers: These are new rules; we expect about 10 rules in the  
regulation  
Included in agency’s annual regulatory plan as rule to be processed in current year? yes  
3. Estimated timetable for completion, or statutory deadline, if applicable:  
Late 2018: Develop and finalize draft rules  
January 1, 2019-December 31, 2019:  
•
Rulemaking process, Regulatory Impact Statement, and public comment  
January 1, 2020- December 31, 2020: Outreach and Education  
January 2021: Implementation  
4. Describe the general purpose of these rules, including any problem(s) the changes are intended to  
address:  
The Michigan potato industry pushed this legislation to keep up with industry standards of seed  
potato certification across the nation. Certification helps prevent disease in crops. The purpose of  
these rules is to regulate distribution and planting of seed potatoes that meet the requirements of  
certified seed in 1959 PA 221, MCL 286.71 to 286.75, and the rules promulgated under that act.  
Furthermore, these rules will regulate exceptions that would allow farmers to plant uncertified seed  
in instances when there are insufficient volumes of any cultivator of certified seed potatoes on lots  
of 1-acre or greater.  
5. Cite the specific rule promulgation authority (i.e. agency director, commission, board, etc.,  
listing all applicable statutory references. If the rule(s) are mandated by any applicable  
constitutional or statutory provision, please explain.  
Section 7(b) of Act 92 of 2018, the Seed Potato Act, states that the director of the Department of  
Agriculture and Rural Development shall “Promulgate rules necessary for the administration and  
enforcement of this act, including rules that do all of the following:  
(i) Establish requirements for compliance.  
(ii) Allow for the random selection of 10% of potato growers subject to the annual records review  
required under section 5(2).  
Revised: February 1, 2019  
MCL 24.239  
RFR – Page 2  
(iii) Establish methods for determining whether there are unacceptable levels of disease beyond the  
level of tolerance established under 1959 PA 221, MCL 286.71 to 286.75, and the rules  
promulgated under that act for seed potatoes planted under section 4(3).  
(iv) Set a schedule of fees for services performed by the department.” 2018 PA 92, MCL  
286.687(b).  
Section 6(7) of Act 92 of 2018, the Seed Potato Act, states that “[t]he advisory committee shall  
advise the director in establishing rules under this act, assist in the determination of availability of  
seed potatoes, recommend whether to grant permission to plant uncertified seed potatoes,  
recommend independent auditors to perform records reviews under section 5, and consult with the  
director regarding the administration and enforcement of this act.” 2018 PA 92, MCL 286.686(7).  
6. Describe the extent to which the rule(s) conflict with, duplicate, or exceed similar regulations,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
Include applicable public act and statutory references.  
The seed potato industry and workgroup are familiar with the existing law and regulations and they  
are calling for a separate, stand alone set of rules for this. Because Michigan is a leading seed  
potato state, both the Certification of Seed Act 1959 PA 221, MCL 286.71-75 and the Seed Potato  
Act 2018 PA 92, MCL 286.681-89 are relevant.  
The State of Michigan previously passed The Certification of Seed Act 221 of 1959, MCL 286.71-  
75, which governs the certification and sale of seed. Additionally, the Certification of Seed Act  
delegates the powers to regulate labeling of certified seed, designation of certified seed, fees,  
liability, and seizures of mislabeled seeds to the director of the department of agriculture. Id.  
Regulation No. 628-Seed Potato Certification (By Authority conferred on the Director of the  
department of Agriculture by section 2 of 1959 PA 221, MCL 286.71) defines what potatoes are  
certifiable, designates the Michigan Seed Potato Association as the certifying agency, describes  
who may apply for certification, and lists the conditions for certification. MI R 285.628.  
The new regulation will address the recently passed act, 2018 PA 92, MCL 286.681-89, The Seed  
Potato Act. These Rules will regulate the distribution and planting of seed potatoes that meet the  
requirements of certified seed as well as regulate exceptions that would allow farmers to plant  
uncertified seed in instances when there are insufficient volumes of any cultivator of certified seed  
potatoes on lots of 1-acre or greater.  
The Seed Potato Certification Regulation does mention Shipping Inspection in Rule 9 and 10, it  
focuses on the procedure of when and where inspection process will occur and by who. MI R  
285.628.9-.10. Additionally, Rule 10 does require a certificate for bulk shipment issued by the  
certifying agent to accompany shipments in bulk. Id. However, the new rules will address the  
requirements to all accompanying documentation, not only the bulk certificate, in accordance with  
Section 3 of the Seed Potato Act. 2018 PA 92, MCL 286.683.  
Overall, The Seed Potato Certification Regulation regulate the certification of seed while the Seed  
Potato Act and the new regulation will regulate the growing of potatoes. The distinction between  
the purposes of the Seed Potato Act and the Certification of Seed Act makes it necessary for a new  
regulation. A regulation gets authority from the Act it is promulgated under. Section 7(b) of Act 92  
of 2018, the Seed Potato Act, states that the director of the Department of Agriculture and Rural  
Development shall “Promulgate rules necessary for the administration and enforcement of this act.”  
2018 PA 92, MCL 286.687(b). If the Department would integrate the seed Potato Certification  
Revised: February 1, 2019  
MCL 24.239  
RFR – Page 3  
Regulation with the new rules, the act governing it would not give proper authority to regulate all  
aspects of the Certification of Seed Act.  
7. Is the subject matter of the rule(s) currently contained in any guideline, manual, handbook,  
instructional bulletin, form with instructions, or operational memo?  
The Seed Potato Act is newly passed legislation and the subject matter is not currently contained  
in any guideline, manual, handbook, instructional bulletin, form with instructions, or operational  
memo.  
8. Explain whether the rule(s) will be promulgated under Sections 44 or 48 of the APA or the full  
rulemaking process:  
The rules will be promulgated by the full rulemaking process. The Seed Potato Act is new, and the  
legislation was passed in 2018.  
9. Do the rule(s) incorporate the recommendations of any Advisory Rules Committee formed  
pursuant to Executive Order 2011-5? If yes, explain.  
No, this legislation passed in 2018. The Statute requires the director to work with an advisory  
committee to promulgate rules.  
10. Is there an applicable decision record as defined in Section 3(6) and required by Section 39(2) of  
the APA? If so, please attach the decision record.  
No, the Seed Potato act is newly passed legislation.  
11. Reviewed by the following Departmental Regulatory Affairs Officer:  
Brad Deacon  
deaconb9@michigan.gov  
517-284-5729  
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↓ To be completed by the ORR ↓  
Date RFR received:3-12-2019  
Based on the information in this RFR, the ORR concludes that there are sufficient policy and  
legal bases for approving the RFR.  
ORR assigned rule set number: 2019-033 AC  
Date of approval:  
3/21/19  
Based on the information in this RFR, the ORR is not approving the RFR at this time.  
Date of disapproval:  
Explanation:  
Revised: February 1, 2019  
MCL 24.239  
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