Wisconsin Legislature: ATCP 29.01(33)(a)

(21) “Individual” means a natural person.

(22) “Irrigation” means the application of water to land, crops or plants in order to supply the water needs of plants or to promote plant growth.

(23) “Mix or load” a pesticide means to do any of the following:

(a) Mix a pesticide with water, other pesticides, fertilizer, or other substances, in preparation for a pesticide application.

(b) Transfer a pesticide into pesticide application equipment, or into a mix or nurse tank.

1. Activities which the pesticide label requires of the mixer or loader.

2. Handling an open pesticide container, other than an empty container that has been triple-rinsed or cleaned according to the pesticide label.

3. Cleaning or rinsing an open pesticide container.

4. Disposing of a pesticide or pesticide rinsate.

(24) “Mix or nurse tank” means a tank or container used for any of the following purposes:

(a) Mixing pesticides with other pesticides, or with water, fertilizer, or other substances.

(b) Temporarily holding a mixture under par. (a) before transferring that mixture to pesticide application equipment.

(24m) “Natural area” means native, undeveloped, or wild land and land that is preserved or restored and managed for its natural or native features, including parks, forests, and native grassland on public and private land.

(25) “Ornamental” means a tree, shrub, or other planting grown for its decorative effect in or around a home, building, park, street, or roadway.

(25m) “Perimeter barrier application” means a pesticide application that is made on or within 10 feet of a building or structure to prevent or discourage pests from entering that building or structure.

(26) “Person” means an individual, corporation, partnership, cooperative association, limited liability company, trust, or other organization or entity. “Person” includes a county or local government entity, but does not include a state or federal government entity.

(27) “Pest” means anything declared to be a pest under s. ATCP 29.02 or the federal act.

(28) “Pesticide” has the meaning given in s. 94.67 (25), Stats., and includes a pesticide-fertilizer mixture.

(29) “Pesticide drift” means pesticide deposited outside a target application site as a result of pesticide movement caused by air currents or diffusion.

Note: See s. ATCP 29.50 (2), which prohibits any person from using a pesticide in a manner that results in significant pesticide drift.

(30) “Pesticide overspray” means pesticide deposited outside a target application site as a result of an applicator’s failure to control the direct flow or application of pesticide from the application equipment so as to confine it to the target application site.

Note: See s. ATCP 29.50 (2), which prohibits any person from using a pesticide in a manner that results in pesticide overspray.

(31) “Pesticide product” means a pesticide, all of the containers of which in commerce are labeled with a unique combination of all of the following:

(a) The brand name of the pesticide.

(b) The pesticide registration number or, if the pesticide product is exempt from registration under 40 CFR 152.25, the labeling required under 40 CFR 152.25.

(32) “Protective equipment” means clothing and other materials or devices that protect individuals against unintended exposure to pesticides.

(33) “Record” means information in either of the following forms:

(a) Paper or other hard-copy form.

(b) Electronic form if the information can also be readily produced in hard-copy form.

(34) “Registrant” means a person in whose name a pesticide is registered with the federal environmental protection agency under the federal act, or with the department under s. ATCP 29.72.

(35) “Restricted entry interval” means the time after the end of a pesticide application during which entry into the treated area is restricted.

(36) “Restricted-use pesticide” means a pesticide which, for some or all uses, is classified under the federal act or s. ATCP 29.72 for use only by certified applicators.

(37) “Rinsate” means a dilute mixture, consisting of one or more pesticides diluted with water or other substances such as solvents, surfactants, rinsing agents, or detergents, that results from cleaning pesticide application equipment, mix or nurse tanks, pesticide containers, catch basins, or spill containment surfaces.

(37m) “Rodenticide bait station” means a tamper-resistant package, container, or device holding a pesticide used to control rodents.

(38) “Sell” means to sell, offer for sale, display for sale, or hold for sale in this state.

(39) “Supplemental registrant” means a person in whose name a pesticide is supplementally registered with the federal environmental protection agency under the federal act.

(40) “Toxicity” means the tendency or capacity of a pesticide to cause adverse physiological effects.

(41) “Use” a pesticide means to mix or load a pesticide, apply a pesticide, or engage in any of the following activities which is related to the mixing, loading, or application of a pesticide:

(a) Activities which the pesticide label requires of the mixer, loader, or applicator.

(b) Handling an open pesticide container, other than an empty container that has been triple-rinsed or cleaned according to the pesticide label.

(d) Disposing of a pesticide or pesticide rinsate.

(e) Aerating or ventilating spaces treated with a pesticide.

(42) “Water supply tank” means a tank or container that holds or supplies water for a pesticide use, but does not contain any pesticide or pesticide residue.

(43) “Waters of the state” means those portions of Lake Michigan and Lake Superior, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, water courses, drainage systems, and other surface or ground water, whether public or private, within the state or its jurisdiction.

Note: See additional definitions in s. 94.67, Stats., and ss. ATCP 29.11 (1), 29.54 (1), 29.55 (1), 29.56 (1) 29.60, and 30.01.

History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 12-003: cr. (8m), (24m), (25m), (37m) Register May 2013 No. 689, eff. 6-1-13.

ATCP 29.02 Declaration of pests. The following organisms and viruses are declared to be pests when present under circumstances where they may be injurious to persons, property, or the environment:

(1) Animals other than humans.

(2) Plants, fungi, or their parts growing where not wanted.

(3) Microscopic organisms or viruses other than those on or in living animals or humans.

Note: See s. 94.69 (1), Stats. A pesticide may be used against a “pest” only if it is registered and labeled for that purpose and used according to label directions. Pesticide use against certain “pests” may be limited by applicable law.

History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

Subchapter II — Pesticide Registration and Labeling

ATCP 29.05 Pesticide registration. No person may sell or distribute any pesticide unless that pesticide is one of the following:

(1) Registered or permitted by the federal environmental protection agency under the federal act.

(2) Specifically exempted from registration under the federal act.

(3) Registered by the department under s. ATCP 29.72 to meet a special local need in this state.

History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

ATCP 29.06 Pesticide labeling. 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.

History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

Subchapter III — Pesticide Manufacturers and Labelers

ATCP 29.10 Pesticide manufacturers and labelers; license.

(1) License 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.

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.

(3) License application. A person applying for a license under sub. (1) shall apply on a form provided by the department. An application shall include all of the following:

(a) The applicant’s name and address as they appear on pesticide labels. If the applicant has more than one name or address appearing on pesticide labels, the applicant shall include all of those names and addresses in the license application.

(b) All fees and surcharges required under s. ATCP 29.11.

(4) Supplementary information. At least 15 days before a license holder under sub. (1) begins selling or distributing any additional pesticide product that was not identified in the license holder’s most recent annual license application, the license holder shall file a supplementary report and pay fees and surcharges for that pesticide product according to sub. (3). The department may not disclose sales revenue information obtained under this subsection.

(5) Action on license application; time limit. The department shall grant or deny a license application under sub. (3) within 20 business days after the applicant files a complete application with the department.

History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 12-003: cr. (2) (b) 6. Register May 2013 No. 689, eff. 6-1-13; CR 22-080: cons. (3) (c) (intro.) and 1. and renum. to (3) (c) and am., r. (3) (c) 2. Register February 2024 No. 818, eff. 3-1-24.