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.
8. Please cite the specific promulgation authority for the rules (i.e. department director,
commission, board, etc.).
The director of the department shall enforce this part and may promulgate rules.
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).
MCL 324.8516, 324.8503(2) and 324.8506(2).
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please
The content for Rules 1-6 is called for by 324.8503(2); the content of Rule 7 is called for by
324.8506(2); MCL 324.8516.
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.
The current rules are out of date and no longer align with similar provisions in other states. The
amendments in this proposed rulemaking will adopt language from the 2020 AAPFCO Official
Publication, Rules and Regulations Section Page 49, which will bring Michigan into alignment
with other states in the Great Lakes region.
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
The MDARD website contains a reporting fertilizer tonnage webpage that provides guidance on
how to submit what is required in statute and rule. The proposed standards also exist in
AAPFCO’s model fertilizer rules and regulations referenced above.
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed
for the current year?
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?