reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter II - Pesticide Registration and Labeling › Section ATCP 29.06 - Pesticide labeling

Current through June 24, 2024
No person may sell or distribute any pesticide unless that
					 pesticide is labeled in compliance with s.
					 94.676,
					 Stats., and the federal act. The pesticide label shall include all of the
					 following:
(1) The federal pesticide
				  registration number if the federal environmental protection agency has
				  registered the pesticide under the federal act. Pesticides exempted from
				  federal registration by
				  40
				  CFR 152.25 shall be labeled in compliance
				  with applicable requirements under
				  40
				  CFR 152.25.
(2) The state pesticide registration number
				  if the department has registered the pesticide under s.
				  ATCP
				  29.72 to meet a special local need in this
				  state.
(3) The name and address of
				  a person licensed under s.
				  ATCP
				  29.10 who is responsible as the manufacturer,
				  registrant or supplemental registrant of the pesticide product.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter III - Pesticide Manufacturers and Labelers › Section ATCP 29.10 - Pesticide manufacturers and labelers; license

Current through June 24, 2024
(1) L ICENSE
				  REQUIRED. Except as provided under sub. (2), no person may manufacture,
				  formulate, package, label, or produce any pesticide for sale or distribution in
				  this state, or sell or distribute any pesticide in this state, without an
				  annual license from the department. A license expires on December 31 of each
				  year and is not transferable.
Note:
See s.
					 94.68, Stats.
(2) EXEMPTIONS. The following persons are not
				  required to obtain a license under sub. (1):
(a) An individual, employed by a license
				  holder under sub. (1), who engages in activities under sub. (1) solely on
				  behalf of the license holder and not on the individual's own behalf.
(b) A person engaged in the following
				  activities:
1. Selling or distributing a
				  pesticide product in a sealed and unopened container which a person licensed
				  under sub. (1) has packaged and labeled according to s.
				  ATCP
				  29.06.
2.
				  Selling a pesticide or active ingredient to a pesticide manufacturer licensed
				  under sub. (1), for use as a basic ingredient in the manufacture or formulation
				  of another pesticide, or for further processing, packaging, or
				  labeling.
3. Blending a pesticide
				  mixture or pesticide-fertilizer mixture at a customer's request, according to
				  the pesticide label, for use on property which the customer owns or controls.
				  This exemption does not apply if the mixture is resold or redistributed to any
				  other person, or for use on any other property.
4. Blending a pesticide mixture or
				  pesticide-fertilizer mixture according to the pesticide label, for application
				  by the blender, provided that the blender is licensed under s.
				  ATCP
				  29.20 or exempted under s.
				  ATCP
				  29.20 (2).
5. Applying a pesticide mixture or
				  pesticide-fertilizer mixture that the person has blended according to the
				  pesticide label, provided that the person is licensed under s.
				  ATCP
				  29.20 or exempted under s.
				  ATCP
				  29.20 (2).
6. The repackaging of a bulk
				  pesticide.
(c) A
				  supplemental registrant identified on a pesticide product label if both of the
				  following apply:
1. The product label also
				  bears the name and address of a manufacturer or registrant licensed under sub.
				  (1).
2. The name of the
				  supplemental registrant is qualified by appropriate wording such as "Packed
				  for...," "Distributed by...", or "Sold by..." to show that the name of the
				  supplemental registrant is not that of a licensed manufacturer or
				  registrant.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter III - Pesticide Manufacturers and Labelers › Section ATCP 29.11 - Pesticide manufacturers and labelers; fees

Current through June 24, 2024
(1) DEFINITIONS. In
				  this section:
(a) "Household pesticide" means
				  a pesticide that is any of the following:
1.
				  A sanitizer.
2. A
				  disinfectant.
3. A
				  germicide.
4. An insect repellant
				  that is applied to the human body or to clothing.
5. A pesticide that is used exclusively for
				  the treatment of household pets.
6.
				  A pesticide product that is labeled exclusively for household, lawn, or garden
				  use if the product either is sold in ready-to-use form or is sold exclusively
				  in container sizes of less than one gallon.
7. A solid or liquid pesticide product that
				  is used exclusively for the treatment of swimming pools, spas, or hot
				  tubs.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter III - Pesticide Manufacturers and Labelers › Section ATCP 29.12 - Pesticide manufacturers and labelers; records and reports

Current through June 24, 2024
(1) RECORDS. A
				  person required to be licensed under s.
				  ATCP
				  29.10 shall legibly record all of the following
				  information and keep each record for at least 2 years:
(a) The names and addresses of persons from
				  whom that person receives pesticides, and the amounts and kinds of pesticides
				  received.
(b) The names and
				  addresses of persons to whom that person sells or distributes pesticides, and
				  the amounts and kinds of pesticides sold or distributed to each of
				  them.
(c) Gross revenue information
				  required under s.
				  ATCP
				  29.10(3) (c) and (4).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter IV - Pesticide Dealers and Distributors › Section ATCP 29.15 - Dealers and distributors of restricted use pesticides

Current through June 24, 2024
(1) LICENSE
				  REQUIRED. Except as provided under sub. (2), no person may sell or distribute
				  any restricted-use pesticide unless that person holds an annual license issued
				  by the department under this section. A license expires on December 31 of each
				  year and is not transferable to another person.
Note:
See s.
					 94.685, Stats.
(2) EXEMPTIONS. Subsection (1) does not apply
				  to any of the following:
(a) An individual,
				  employed by a license holder under sub. (1), who sells or distributes
				  restricted-use pesticides solely on behalf of the license holder and not on the
				  individual's own behalf.
(b) A
				  person licensed under s.
				  ATCP
				  29.10 whose name appears on the pesticide
				  label.
(c) A pesticide supplemental
				  registrant who is identified on the pesticide label according to s.
				  ATCP
				  29.10 (2) (c).
(d) A person who applies all of the
				  restricted-use pesticide which that person sells or distributes.
Note:
See s.
					 ATCP
					 29.20.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter IV - Pesticide Dealers and Distributors › Section ATCP 29.16 - Pesticide sales records

Current through June 24, 2024
A person who sells or distributes pesticides shall record
					 the amounts and brand names of pesticides which that person sells or
					 distributes. The person shall retain the records for at least 2 years, and
					 shall make them available to the department for inspection and copying upon
					 request. Individual employees who sell or distribute pesticides only on behalf
					 of their employer, and not on their own behalf, need not keep personal copies
					 of records which their employer keeps under this section.
Section ATCP 29.16 applies to persons who sell or
						distribute pesticides of any kind, not just those who sell or distribute
						restricted-use pesticides. Records must show the amounts and brand names of all
						pesticides sold, not just restricted-use pesticides sold.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter V - Commercial Application Businesses › Section ATCP 29.20 - Commercial application business; license

Current through June 24, 2024
(1) LICENSE
				  REQUIRED. Except as provided under sub. (2), no person may do any of the
				  following, either directly or through an employee, without an annual license
				  from the department:
(a) Use or direct the
				  use of any pesticide as an independent contractor for hire.
(b) Use or direct the use of a restricted-use
				  pesticide.
Note:
See s.
					 94.703, Stats. A sole proprietor
					 licensed under this section may also be required to obtain a license as an
					 individual commercial applicator under s.
					 ATCP
					 29.25.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter V - Commercial Application Businesses › Section ATCP 29.21 - Commercial application business; records

Current through June 24, 2024
(1) RECORD OF
				  PESTICIDE APPLICATIONS. A person required to be licensed under s.
				  ATCP
				  29.20 shall keep a legible record of each pesticide
				  application which that person makes directly or through an employee. The person
				  shall keep the record for at least 2 years, and shall make it available to the
				  department for inspection and copying upon request. The individual making the
				  pesticide application shall complete the required record on the day of the
				  application.
Note: Under s.
					 ATCP
					 30.31(5), a commercial application
					 business must keep a record of atrazine applications for at least 3
					 years.
(2) RECORD CONTENTS.
				  A pesticide application record under sub. (1) shall include all of the
				  following:
(a) The first and last name of
				  each individual making the pesticide application.
(b) The name and address of the customer, if
				  any, for whom the pesticide was applied.
(c) The crop, commodity or site to which the
				  pesticide was applied.
(d) A
				  specific description of the location of the pesticide application site. The
				  description shall contain sufficient information and detail so that the
				  location of the pesticide application site may be readily determined from the
				  description.
(e) The month, day,
				  year and approximate starting and ending time of the pesticide
				  application.
(f) The brand name or
				  product name or common chemical name, and the federal environmental protection
				  agency registration number, of each pesticide applied.
(g) At least one of the following:
1. The concentration and total quantity of
				  each pesticide applied.
2. The
				  amount of each pesticide applied per unit area and the total area
				  treated.
(h) Each
				  location, other than a business location licensed under s.
				  ATCP
				  29.20, at which the pesticide was mixed or loaded.
				  Mixing and loading sites need not be identified if the pesticide is applied
				  directly from a prepackaged retail container, or is applied with application
				  equipment having a total capacity of not more than 5 gallons of liquid
				  pesticide or 50 pounds dry pesticide.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter V - Commercial Application Businesses › Section ATCP 29.22 - Commercial application business; information to customers

Current through June 24, 2024
Within 30 days after making a pesticide application for a
					 customer, either directly or through an employee, a person required to be
					 licensed under s.
					 ATCP
					 29.20 shall provide that customer with all of the
					 information in subs.
(1) to (9) in writing. The information may be provided to
					 the customer electronically if the customer consents in writing to such
					 notification prior to the application.
Note: Types of electronic communication include, but are
					 not limited to, email and text.
(1) A
				  telephone number at which the customer may contact the person.
(2) The first name, last name and license
				  number of each individual who made or directly supervised the pesticide
				  application.
(3) The crop,
				  commodity or site to which the pesticide was applied.
(4) A specific description of the location of
				  the pesticide application site. The description shall contain sufficient
				  information and detail so that the location of the pesticide application site
				  may be readily determined from the description.
(5) The month, day, year and approximate
				  starting and ending time of the pesticide application.
(6) The brand name or product name or common
				  chemical name, and the federal environmental protection agency registration
				  number of each pesticide applied.
Note: Under federal worker protection rules, a commercial
					 application business making a pesticide application for an "agricultural
					 establishment" as defined under s.
					 ATCP
					 29.60(3) must also provide that
					 customer with the names of the pesticide active ingredients applied.
(7) At least one of the following:
(a) The concentration and total quantity of
				  each pesticide applied.
(b) The
				  amount of each pesticide applied per unit area and the total area
				  treated.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter VI - Individuals Handling Or Applying Pesticides › Section ATCP 29.25 - Individual commercial applicator; license

Current through June 24, 2024
(1) LICENSE
				  REQUIRED. Except as provided under sub. (2), no individual may do any of the
				  following without an annual license from the department:
(a) Use or direct the use of any pesticide as
				  an independent contractor for hire, or as an employee of an independent
				  contractor for hire.
(b) Use or
				  direct the use of a restricted-use pesticide.
Note:
See s.
					 94.704, Stats. A license under
					 this section entitles the license holder to engage only in those activities for
					 which the license holder is also certified for competency under s.
					 ATCP
					 29.26. An individual who is the sole proprietor of a
					 pesticide application business must be licensed under s.
					 ATCP
					 29.20 and this section.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter VI - Individuals Handling Or Applying Pesticides › Section ATCP 29.26 - Individual commercial applicator; certification

Current through June 24, 2024
(1) CERTIFICATION
				  REQUIRED. No individual may engage in any activity for which a license is
				  required under s.
				  ATCP
				  29.25 unless one of the following applies:
(a) The individual is certified under this
				  section to engage in that activity as a commercial applicator.
(b) The individual is certified as a
				  pesticide mixer and loader under s.
				  ATCP
				  29.28, and is solely engaged in mixing and loading
				  pesticides for application by others.
Note:
According to s.
					 94.715(2)
					 (dm), Stats., school boards must ensure that
					 persons making pesticide applications to public school grounds are certified
					 under s.
					 94.705,
					 Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter VI - Individuals Handling Or Applying Pesticides › Section ATCP 29.27 - Private applicator certification

Current through June 24, 2024
(1) CERTIFICATION
				  REQUIRED. No individual may use or direct the use of a restricted-use pesticide
				  as an agricultural producer unless one of the following applies:
(a) The individual is certified as a private
				  applicator under this section.
(b)
				  The individual is certified as a commercial applicator under s.
				  ATCP
				  29.26 in the appropriate certification category or
				  categories, and is not engaged in any activity for which a commercial
				  applicator license is required under s.
				  ATCP
				  29.25.
(c)
				  The individual is licensed as a commercial applicator under s.
				  ATCP
				  29.25 and certified under s.
				  ATCP
				  29.26 in the appropriate certification category or
				  categories.
(d) The individual is
				  all of the following:
1. Certified as a
				  pesticide mixer and loader under s.
				  ATCP
				  29.28.
2.
				  Engaged only in mixing and loading pesticides for application by
				  others.
3. Licensed under s.
				  ATCP
				  29.25 if engaged in any activity for which a license
				  is required.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter VI - Individuals Handling Or Applying Pesticides › Section ATCP 29.28 - Pesticide mixers and loaders; certification

Current through June 24, 2024
(1) SCOPE OF
				  CERTIFICATION. The department may certify an individual to mix or load
				  pesticides for application by others. An individual certified under this
				  section may mix and load pesticides for application by others in all of the
				  categories under s.
				  ATCP
				  29.31, but may not do any of the following:
(a) Apply pesticides in any category under s.
				  ATCP
				  29.31.
(b)
				  Engage in any activity for which a license is required under s.
				  ATCP
				  29.25 unless that individual holds a license under s.
				  ATCP
				  29.25.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter VI - Individuals Handling Or Applying Pesticides › Section ATCP 29.29 - Special application methods; supplementary certification

Current through June 24, 2024
(1) AERIAL
				  APPLICATOR; SUPPLEMENTARY CERTIFICATION. The department may certify an
				  individual to use aircraft to make pesticide applications for which that
				  individual is certified as a commercial or private applicator under s.
				  ATCP
				  29.26 or
				  29.27. To be certified as an aerial
				  applicator, an individual shall do all of the following:
(a) Provide proof that he or she is licensed
				  and fully trained to operate and apply pesticides with each type of aircraft
				  used for that purpose.
(b)
				  Demonstrate practical knowledge and competency related to aerial applications,
				  including the principles and practices of aerial pest control, potential health
				  and environmental hazards related to aerial applications, prevention of
				  pesticide overspray and drift, and requirements under s.
				  ATCP
				  29.53.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter VI - Individuals Handling Or Applying Pesticides › Section ATCP 29.30 - General certification standards

Current through June 24, 2024
In order to be certified under s.
					 ATCP
					 29.26,
					 29.27 or
					 29.28, an individual shall do all of
					 the following:
(1) PESTICIDE LABELS.
				  Demonstrate all of the following:
(a)
				  Knowledge related to the general format and terminology used on pesticide
				  labels.
(b) Ability to understand
				  instructions, warnings, terms, symbols and other information commonly appearing
				  on pesticide labels.
(c) Knowledge
				  of pesticide use classifications.
(d) Knowledge that pesticide use inconsistent
				  with labeling is prohibited.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter VI - Individuals Handling Or Applying Pesticides › Section ATCP 29.31 - Commercial applicators; certification categories

Current through June 24, 2024
The department may certify an individual as a commercial
					 applicator, under s.
					 ATCP
					 29.26, in any of the following categories:
(1) FIELD AND VEGETABLE CROP PEST CONTROL.
(a)
Category description.
This category includes individuals who use or direct the use of pesticides to
				  control pests affecting agricultural field and vegetable crops, or to control
				  pests on noncrop agricultural lands.
(b)
Certification requirements.
To be certified in this category, an individual shall demonstrate
				  practical knowledge and competency related to all of the following:
1. Agricultural crops and noncrop
				  agricultural land uses, and key pests that may affect them.
2. Pesticides that may be used to control
				  relevant pests, and factors that may affect the need for and appropriate use of
				  those pesticides.
3. Potential
				  health and environmental hazards related to the use of pesticides in this
				  category, including hazards related to surface water and groundwater.
4. Appropriate procedures for mixing,
				  loading, applying and disposing of pesticides, to prevent or minimize
				  pesticide-related hazards.
5. The
				  safe use of pesticide-treated crops for food or feed, including required
				  pre-harvest intervals.
6. Worker
				  safety, notice, posting and restricted entry interval requirements.
7. Hazards to treated plants and nontarget
				  organisms, including phytotoxicity.
8. Pesticide overspray and drift, and how to
				  avoid them.
9. Public and community
				  relations issues related to pesticide applications.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter VI - Individuals Handling Or Applying Pesticides › Section ATCP 29.32 - Trainee registration

Current through June 24, 2024
(1) GENERAL. An employer licensed under s.
				  ATCP
				  29.20 may register an employee as a trainee if that
				  employer is training that employee for licensing under s.
				  ATCP
				  29.25 and certification under s.
				  ATCP
				  29.26 or
				  29.28. A registered trainee may,
				  without being licensed or certified, temporarily engage in activities for which
				  a license and certification are normally required if those activities are
				  reasonably necessary for the training. A trainee registration takes effect when
				  properly filed with the department, and expires 30 days after it is
				  filed.
(2) RESTRICTIONS ON TRAINEE
				  USE OF PESTICIDES. A trainee registration under sub. (1) does not authorize the
				  trainee to do any of the following:
(a) Use
				  any pesticide except under the direct on-site supervision of an individual who
				  is licensed under s.
				  ATCP
				  29.25 and certified under s.
				  ATCP
				  29.26 or
				  29.28 to perform the functions for
				  which the trainee is being trained.
(b) Direct the use of pesticides.
(c) Engage in any category of pesticide use
				  which is not identified in the trainee registration.
(d) Use any restricted-use
				  pesticide.
(e) Engage in aquatic
				  pest control under s.
				  ATCP
				  29.31(8).
(f) Use any soil fumigant, or apply any
				  pesticide by aircraft or chemigation.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter VI - Individuals Handling Or Applying Pesticides › Section ATCP 29.33 - Applicator records

Current through June 24, 2024
(1) INDIVIDUAL COMMERCIAL APPLICATORS. An
				  individual who is required to be licensed as a commercial applicator under s.
				  ATCP
				  29.25 shall make are cord of each pesticide
				  application for which that license is required. The individual shall make the
				  record on the day of the application. The individual shall keep the record for
				  at least 2 years unless the individual is employed by a commercial application
				  business that keeps the record under s.
				  ATCP
				  29.21.
Note: Under s.
					 ATCP
					 30.31(5), an individual must keep a
					 record of atrazine applications for at least 3 years.
(2) PRIVATE APPLICATORS. An individual
				  agricultural producer who applies a restricted-use pesticide as a private
				  applicator shall make a record of that application. The individual shall keep
				  the record for at least 2 years.
(3) RECORD CONTENTS. A pesticide application
				  record under this section shall include all of the following:
(a) The first and last name of the individual
				  making the pesticide application.
(b) The name and address of the customer, if
				  any, for whom the pesticide was applied.
(c) The crop, commodity or site to which the
				  pesticide was applied.
(d) A
				  specific description of the location of the pesticide application site. The
				  description shall contain sufficient information and detail so that the
				  location of the pesticide application site may be readily determined.
(e) The month, day, year and approximate
				  starting and ending time of the pesticide application.
(f) The brand name or product name or common
				  chemical name, and the federal environmental protection agency registration
				  number, of each pesticide applied.
(g) At least one of the following:
1. The concentration and total quantity of
				  each pesticide applied.
2. The
				  amount of pesticide product applied per unit area and the total area
				  treated.
(h) Each
				  location, other than a business location licensed under s.
				  ATCP
				  29.20, at which the pesticide was mixed or loaded.
				  Mixing and loading sites need not be identified if the pesticide is applied
				  directly from a prepackaged retail container, or is applied with application
				  equipment having a total capacity of not more than 5 gallons of liquid
				  pesticide or 50 pounds dry pesticide.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter VII - Storing, Transporting And Selling Pesticides › Section ATCP 29.40 - Storing and transporting pesticides

Current through June 24, 2024
(1) REQUIREMENTS.
				  Persons storing or transporting pesticides shall do all of the following:
(a) Store and transport pesticides according
				  to label directions, in a manner that avoids reasonably foreseeable and
				  reasonably preventable hazards to persons, property and the
				  environment.
(b) Store bulk
				  pesticides according to ch. ATCP 33.
(c) Secure pesticides and pesticide
				  containers against access by children, the general public, domestic animals and
				  wild animals.
(d) Keep pesticides
				  adequately separated from food, feed and other products so that pesticides will
				  not contaminate or be mistaken for those products.
(e) Thoroughly clean pesticide residues from
				  storage areas and transport vehicles before reusing those storage areas or
				  transport vehicles for other purposes.
(f) Protect pesticide containers and labels
				  from reasonably foreseeable damage or destruction.
(g) Inspect pesticide containers when those
				  containers are removed from their outer shipping containers, to ensure that the
				  pesticide containers are intact and properly sealed, and that pesticide labels
				  are intact and fully legible.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter VII - Storing, Transporting And Selling Pesticides › Section ATCP 29.41 - Selling pesticides

Current through June 24, 2024
(1) GENERAL. No person may do any of the
				  following:
(a) Sell any pesticide that is not
				  properly registered and labeled according to subch. II.
(b) Sell a pesticide if any part of the
				  pesticide label is absent or illegible.
(c) Sell a pesticide in a manner inconsistent
				  with the pesticide label.
(d) Sell
				  a pesticide in a visibly broken, defective or improperly sealed
				  container.
(e) Sell a pesticide for
				  a use which is not specifically identified on the pesticide label or, in the
				  case of an additional registered use, on supplemental labeling which the seller
				  receives from the pesticide manufacturer or registrant and provides to the
				  purchaser at the time of sale.
(f)
				  Make any false, deceptive or misleading representation in connection with the
				  sale or offer of a pesticide.
(g)
				  Continue to sell any pesticide after its registration expires or is canceled,
				  or after the department orders the pesticide removed from sale for any
				  reason.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter VIII - Pesticide Handling, Disposal And Spills › Section ATCP 29.45 - Pesticide mixing and loading; spill containment

Current through June 24, 2024
(1) SPILL
				  CONTAINMENT REQUIRED. Except as provided under sub. (2), no person may mix or
				  load a pesticide at any of the following sites unless the mixing or loading
				  operation is conducted over a spill containment surface that complies with this
				  section:
(a) A site located within 100 feet
				  of any well or surface water.
(b) A
				  site, or a group of jointly owned or operated sites located within 1/2 mile of
				  each other, at which a total of more than 1,500 pounds of dry or liquid
				  pesticide active ingredients are mixed or loaded in any calendar year.
				  Pesticide active ingredients under this paragraph include those contained in
				  pesticide-fertilizer mixtures.
Note: See also ch. ATCP 33.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter VIII - Pesticide Handling, Disposal And Spills › Section ATCP 29.46 - Mixing or loading near surface waters

Current through June 24, 2024
(1) PROHIBITIONS.
				  Except as provided under sub. (2), no person may do any of the following:
(a) Immerse any pesticide application
				  equipment, mix tank or nurse tank in the waters of the state.
(b) Fill any pesticide application equipment,
				  mix tank or nurse tank from the waters of the state.
(c) Clean or fill any pesticide application
				  equipment, mix tank or nurse tank near the surface waters of the state, or near
				  any well site, if pesticide spillage or overflow may contaminate waters of the
				  state.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter VIII - Pesticide Handling, Disposal And Spills › Section ATCP 29.47 - Disposal of pesticides and pesticide containers

Current through June 24, 2024
(1) GENERAL. No
				  person may dispose of any pesticide or pesticide container, or hold any
				  pesticide or pesticide container for disposal, in a manner that is inconsistent
				  with label directions, that risks contaminating the waters of the state, or
				  that creates a hazard to persons, property or the environment.
(2) REUSE PROHIBITED. No person may reuse a
				  pesticide container for any purpose. This subsection does not prohibit any of
				  the following:
(a) Recycling a container for
				  scrap in compliance with applicable law.
(b) Reusing, in compliance with label
				  directions, a pesticide container that is designed to be reused.
(c) Returning a pesticide container to a
				  pesticide manufacturer or seller who has agreed to receive that
				  container.
(d) Temporarily reusing
				  a pesticide container to hold the same pesticide recovered from a leaking or
				  damaged pesticide container.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter VIII - Pesticide Handling, Disposal And Spills › Section ATCP 29.48 - Pesticide spills

Current through June 24, 2024
(1) CLEANUP. In order to minimize hazards to
				  persons, property and the environment, a person who spills a pesticide shall
				  immediately take appropriate measures to contain the spill, recover the spilled
				  pesticide, and clean surfaces exposed to the spilled pesticide.
(2) REPORTING. A person who spills a
				  pesticide shall immediately notify the department of natural resources as
				  required by s.
				  292.11,
				  Stats.
Note: The spill hotline for the department of natural
					 resources is 1-800-943-0003. Ch. NR 706 specifies reportable spill amounts for
					 all agricultural chemicals including pesticides. The department of agriculture,
					 trade and consumer protection administers an agricultural chemical cleanup
					 program under s.
					 94.73,
					 Stats., and ch. ATCP 35, and can reimburse certain cleanup costs. You may
					 contact the department's spill response coordinator by calling
					 608-224-4500.
(3) STORING
				  SPILLED PESTICIDE AND RINSATE. No spilled pesticides or spilled materials
				  containing pesticides may be stored below ground level.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter IX - Pesticide Use › Section ATCP 29.50 - Pesticide use; general

Current through June 24, 2024
(1) NEGLIGENT USE. No person may do any of
				  the following:
(a) Use or direct the use of a
				  pesticide in a negligent manner, or in a manner inconsistent with the pesticide
				  label.
(b) Use or direct the use of
				  a pesticide for a purpose for which the pesticide is not registered or labeled
				  under subch. II.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter IX - Pesticide Use › Section ATCP 29.51 - Advance notice of pesticide applications

Current through June 24, 2024
(1) PESTICIDES
				  HIGHLY TOXIC TO BEES.
(a) At least 24 hours
				  before a pesticide labeled "Highly Toxic to Bees" or containing the active
				  ingredient methomyl is applied to any site, the person who owns or controls
				  that application site shall notify each beekeeper who has made a request under
				  par. (b) during the same calendar year.
(b) A beekeeper who owns a honeybee colony
				  located within 1 1/2 miles of a pesticide application site under par. (a) may
				  request notice of pesticide applications under par. (a). The beekeeper shall
				  make the request in writing to a person who owns or controls the application
				  site. The request shall include the beekeeper's name, address and telephone
				  number, if any, and the specific location of each of the beekeeper's bee yards.
(c) A notice under par. (a) may be
				  written or oral. The notice shall include the intended date and time of
				  application, the brand or common name of the pesticide to be applied, and the
				  location of the application site. If the application date changes after the
				  notice is issued, the person who owns or controls the application site shall
				  issue a corrected notice as soon as reasonably possible before the application
				  occurs.
(d) Paragraph (a) does not
				  apply to an emergency application needed to control a sudden pest outbreak if,
				  because of the emergency circumstances, there is not enough time for notice
				  under par. (a). The person who owns or controls the application site shall give
				  notice under par. (a) as soon as reasonably possible before or after the
				  emergency application. The notice shall include a brief explanation of the
				  circumstances constituting the emergency.
(e) Any person may give a notice under par.
				  (a) on behalf of the person who owns or controls the application site.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter IX - Pesticide Use › Section ATCP 29.52 - Warning signs at application sites

Current through June 24, 2024
(1) AGRICULTURAL
				  PESTICIDE APPLICATIONS; WARNING TO PUBLIC.
(a)
				  A responsible person under par. (b) shall post warning signs at a site where a
				  dual notice agricultural pesticide is applied for agricultural purposes if that
				  site is located within 300 feet of a residence, migrant labor camp, school,
				  playground, day care facility, health care facility, commercial or industrial
				  facility, public recreation area, or other nonagricultural area except a public
				  road, where individuals are likely to be present during the restricted entry
				  interval specified on the pesticide label. The warning signs shall comply with
				  sub. (8).
Note: See definition of "dual notice agricultural
					 pesticide" in ss.
					 ATCP
					 29.01(17) and
					 29.60(9). This
					 subsection applies to all persons applying "dual notice" agricultural
					 pesticides for agricultural purposes - not just agricultural employers. The
					 warning notices are intended to protect both the general public and
					 agricultural workers.
(b)
				  The following persons are individually and jointly responsible for posting
				  warning signs under par. (a):
1. The person
				  who operates or controls the premises at which the pesticide is
				  applied.
2. The pesticide
				  applicator.
3. The pesticide
				  applicator's employer, if any.
Note: The persons identified under par. (b) may contract
					 between themselves to post warning signs under par. (a), but any or all of them
					 may be held liable if the warning signs are not properly
					 posted.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter IX - Pesticide Use › Section ATCP 29.53 - Aerial applications

Current through June 24, 2024
(1) AIRCRAFT. Aircraft used to apply
				  pesticides shall comply with, and be operated according to, applicable
				  regulations of the federal aviation administration and the Wisconsin department
				  of transportation.
Note: See certification requirements for aerial applicators
					 under ss.
					 ATCP
					 29.26,
					 29.27 and
					 29.29.
(2) PRIOR NOTICE OF APPLICATION.
(a) At least 24 hours before an aerial
				  pesticide application occurs, the person who owns or controls the application
				  site shall notify each adjacent resident from whom that person has received a
				  written request under par. (b) during the same calendar year. Notice is not
				  required if the application site is more than 1/4 mile from the adjacent parcel
				  on which the requester resides.
(b)
				  An individual residing on a parcel of land may request advance notice of aerial
				  pesticide applications to any immediately adjacent parcel. Parcels are
				  immediately adjacent if they are directly contiguous, are separated only by a
				  road, railway, or utility right-of-way, or are separated only by a
				  government-owned land corridor or waterway having a width of not more than 66
				  feet.
(c) A request under par. (b)
				  shall be made in writing to the person who owns or controls the application
				  site. The request shall include the requester's name, mailing address, property
				  location, and telephone number if any. If residents of a migrant labor camp as
				  defined under s.
				  103.90(3),
				  Stats., are entitled to request notice under par. (b), the camp operator shall
				  annually request notice on their behalf and shall promptly communicate to them
				  any notice received.
(d) A notice
				  under par. (a) may be written or oral. The notice shall include the intended
				  date and time of application, the brand or common name of the pesticide to be
				  applied, and the location of the application site. If the application date
				  changes after the notice is issued, the person who owns or controls the
				  application site shall issue a corrected notice as soon as reasonably possible
				  before the application occurs.
(e)
				  Paragraph (a) does not apply to an emergency aerial application needed to
				  control a sudden pest outbreak if, because of the emergency circumstances,
				  there is inadequate time for notice under par. (a). The person who owns or
				  controls the application site shall give notice under par. (a) as soon as
				  reasonably possible before or after the emergency application. The notice shall
				  include a brief explanation of the circumstances constituting the emergency.
(f) Any person may give a notice
				  under par. (a) on behalf of the person who owns or controls the application
				  site.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter IX - Pesticide Use › Section ATCP 29.55 - Commercial applications to residential structures

Current through June 24, 2024
(1) DEFINITIONS. In
				  this section:
(a) "Common area" means an area
				  in a residential structure that is accessible to residents but is not part of
				  any individual dwelling unit.
(b)
				  "Dwelling unit" means that portion of a residential structure that is used, or
				  designed for use, as a residence by a household.
(c) "Resident" means any person residing in a
				  residential structure.
(d)
				  "Residential application" means the application of a pesticide, other than a
				  germicide, sanitizer or disinfectant, to a residential structure. "Residential
				  application" includes perimeter barrier applications, but does not include an
				  individual's application of a pesticide to a dwelling unit in which that
				  individual resides, provided that the individual does not apply the pesticide
				  to other dwelling units or common areas in the residential structure, or its
				  perimeter barrier.
(e) "Residential
				  structure" means a structure used wholly or in part as a human residence, and
				  includes all facilities and furnishings pertaining to that structure.
				  Residential structure includes a residential structure occupied on a rental
				  basis, and also includes a mobile home. Residential structure does not include
				  any of the following:
1. A hotel, motel or
				  similar premises occupied on a transient basis.
2. A hospital, nursing home or similar
				  facility occupied by persons receiving medical care or related
				  services.
3. A prison, jail or
				  other place of detention.
(f) "Restricted entry interval" has the
				  meaning given in s.
				  ATCP
				  29.01(35).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter IX - Pesticide Use › Section ATCP 29.56 - Landscape applications

Current through June 24, 2024
(1) DEFINITIONS. In this section:
(a) "Division" means the agricultural
				  resource management division of the department.
(b) "Cemetery grounds manager" means the
				  person responsible for on-site management of cemetery grounds.
(c) "Golf course superintendent" means the
				  person responsible for on-site management of a golf course.
(d) "Landscape" means turf, ornamental and
				  mulched areas, and areas being prepared for those purposes, that are located in
				  or around residential premises, public or commercial facilities, parks,
				  workplaces, care facilities, recreational areas and public lands. "Landscape"
				  does not include utility or transportation right-of-way areas, greenhouses,
				  nurseries, or areas used for agricultural production, forest production or
				  commercial turf production.
(e)
				  "Landscape application" means the application of a pesticide to a landscape.
				  "Landscape application" does not include any of the following:
1. Pesticide applications for any of the
				  purposes identified in s.
				  ATCP
				  29.31(4) or (14).
2. A perimeter barrier application.
3. Mosquito control applications made by a
				  government entity for public health purposes.
4. Pesticide applications made by the
				  department or its agent pursuant to s.
				  94.01
				  or
				  94.02, Stats.,
				  or ch. ATCP 21.
(f)
				  "Landscape pesticide" means a pesticide that is labeled for use on a
				  landscape.
(g) "Ornamental" has the
				  meaning given in s.
				  ATCP
				  29.01(25).
(h) "Restricted entry interval" has the
				  meaning given in s.
				  ATCP
				  29.01(35).
(i) "Treated landscape" means that portion of
				  a landscape to which a pesticide is applied.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter IX - Pesticide Use › Section ATCP 29.57 - Seed applications

Current through June 24, 2024
(1) DEFINITION. In this section,
				  "pesticide-treated seed" means seed, intended for planting or propagation, that
				  is treated with a pesticide for the purpose of providing post-planting
				  protection to the seed or seedling.
(2) PLANTING PESTICIDE-TREATED SEED.
				  Pesticide-treated seeds shall be incorporated into the soil when planted to
				  prevent access by birds and other animals. This requirement does not apply to
				  seed that is normally planted on the soil surface and poses no significant risk
				  to birds or other animals.
(3)
				  PESTICIDE-TREATED SEED; PROHIBITED USES. No person may do any of the following:
(a) Use pesticide-treated seed for food, feed
				  or oil, or mix it with food, feed or oil.
(b) Expose pesticide-treated seed to access
				  by birds or other animals.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter IX - Pesticide Use › Section ATCP 29.58 - Rodenticide bait station

Current through June 24, 2024
(1) A person
				  licensed under s.
				  ATCP
				  29.20 or certified under s.
				  ATCP
				  29.31(11) who uses a rodenticide bait
				  station shall mark it with the following information:
(a) The name of the person responsible for
				  maintaining the rodenticide bait station.
(b) The EPA registration number of all the
				  pesticide products that are currently in use within the rodenticide bait
				  station.