Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Agriculture and Rural Development  
2. Bureau:  
Pesticide and Plant Pest Management Division  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Regulation 637 – Pesticide Use  
5. Rule numbers or rule set range of numbers:  
R 285.637.11  
6. Estimated time frame:  
6 months  
Name of person filling out RFR:  
Brad Deacon  
E-mail of person filling out RFR:  
Phone number of person filling out RFR:  
517-284-5729  
Address of person filling out RFR:  
PO Box 30017 / Constitution Hall 6th floor  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
This amendment will address the provisions changed through the emergency rule process in 2020  
to facilitate the coordinated public health response to Eastern Equine Encephalitis (EEE).  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
The director of the department of agriculture and rural development has the authority to  
promulgate rules under section 83, Pesticide Control, of the Natural Resources and Environmental  
Protection Act, 1994 PA 451, MCL 324.8325.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
By authority conferred on the director of the department of agriculture by section 8325 of the  
natural resources and environmental protection act, 1994 PA 451, MCL 324.8325.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
Major portions of Regulation 637 are required under MCL 324.8325.  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
MCL 24.239  
RFR-Page 2  
There is little if any conflict. The production, sale, and application of pesticides are all highly  
regulated activities due to the inherent potential risk to human health and the environment. The  
United States Environmental Protection Agency (EPA) has federal oversight of pesticide activities  
and delegates some regulatory authority to the states. The EPA reviews state pesticide programs  
including legislative and regulatory provisions to ensure adequacy of the state programs and a  
level of uniformity across the country. Michigan’s statutory provisions in Part 83 of NREPA and  
in Regulations 633 (Restricted Use Pesticides), 636 (Pesticide Applicators), 637 (Pesticide Use),  
and 640 (Commercial Pesticide Bulk Storage) make up the coordinated and aligned framework  
within Michigan.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
No. Regulation 637 is very detailed and additional materials are not necessary.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
No. After review of the Department’s response to Eastern Equine Encephalitis and the need for a  
temporary emergency rule, updating the provisions is now necessary before next year’s mosquito  
season.  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
The current rules align with similar regulations and standards across the country. The proposed  
change would remove a time consuming and burdensome requirement during emergency  
responses.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
Yes. During the 2019 mosquito season, there were not emergency rules that streamlined state and  
local response. As a result, local health departments and MDHHS took on an enormously resource  
and labor-intensive process related to the exclusion provisions. This process delayed response and  
took resources away from other public health activities.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
Rule 11 of Regulation 637 was reviewed in 2019 and 2020 as part of the multi-agency response to  
EEE. The notification and exclusion requirements for routine community pest abatement  
programs creates an unnecessary burden and delay when confronted by an emergency. This is  
particularly true of arboviruses such as EEE, Zika, or Chikungunya. Emerging diseases such as  
these require prompt coordinated responses.  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
No. Pesticide usage remains an area requiring a strong regulatory framework.  
Note, related to #17: There is no existing advisory committee or other advisory entity created by  
statute in this area. Note that the Pesticide Advisory Committee created in MCL 324.8326 was  
abolished by Executive Reorganization Order 2009-31. See MCL 324.99919.  
MCL 24.239  
RFR-Page 3  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
No  
MCL 24.239  
;