ATCP 29.01(38)
(38) “Sell" means to sell, offer for sale, display for sale, or hold for sale in this state.
ATCP 29.01(39)
(39) “Supplemental registrant" means a person in whose name a pesticide is supplementally registered with the federal environmental protection agency under the federal act.
ATCP 29.01(40)
(40) “Toxicity" means the tendency or capacity of a pesticide to cause adverse physiological effects.
ATCP 29.01(41)
(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:
ATCP 29.01(41)(a)
(a) Activities which the pesticide label requires of the mixer, loader, or applicator.
ATCP 29.01(41)(b)
(b) Handling an open pesticide container, other than an empty container that has been triple-rinsed or cleaned according to the pesticide label.
ATCP 29.01(41)(c)
(c) Cleaning or rinsing an open pesticide container, pesticide application equipment, or a mix or nurse tank.
ATCP 29.01(42)
(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.
ATCP 29.01(43)
(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.
ATCP 29.01 History
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
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:
ATCP 29.02(2)
(2) Plants, fungi, or their parts growing where not wanted.
ATCP 29.02(3)
(3) Microscopic organisms or viruses other than those on or in living animals or humans.
ATCP 29.02 Note
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.
ATCP 29.02 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98.
ATCP 29.05
ATCP 29.05
Pesticide registration. No person may sell or distribute any pesticide unless that pesticide is one of the following:
ATCP 29.05(1)
(1) Registered or permitted by the federal environmental protection agency under the federal act.
ATCP 29.05(2)
(2) Specifically exempted from registration under the federal act.
ATCP 29.05 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98.
ATCP 29.06
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:
ATCP 29.06(1)
(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.
ATCP 29.06(2)
(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.
ATCP 29.06(3)
(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.
ATCP 29.06 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98.
ATCP 29.10
ATCP 29.10
Pesticide manufacturers and labelers; license. ATCP 29.10(1)(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.
ATCP 29.10 Note
Note: See s.
94.68, Stats.
ATCP 29.10(2)
(2)
Exemptions. The following persons are not required to obtain a license under sub.
(1):
ATCP 29.10(2)(a)
(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.
ATCP 29.10(2)(b)1.
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.
ATCP 29.10(2)(b)2.
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.
ATCP 29.10(2)(b)3.
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.
ATCP 29.10(2)(b)4.
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).
ATCP 29.10(2)(b)5.
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).
ATCP 29.10(2)(c)
(c) A supplemental registrant identified on a pesticide product label if both of the following apply:
ATCP 29.10(2)(c)1.
1. The product label also bears the name and address of a manufacturer or registrant licensed under sub.
(1).
ATCP 29.10(2)(c)2.
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.
ATCP 29.10(3)
(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:
ATCP 29.10(3)(a)
(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.
ATCP 29.10(3)(c)
(c) A report that identifies each pesticide product that the applicant sells or distributes.
ATCP 29.10(4)
(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.
ATCP 29.10(5)
(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.
ATCP 29.10 History
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.
ATCP 29.11
ATCP 29.11
Pesticide manufacturers and labelers; fees. ATCP 29.11(1)(a)
(a) “Household pesticide" means a pesticide that is any of the following:
ATCP 29.11(1)(a)4.
4. An insect repellant that is applied to the human body or to clothing.
ATCP 29.11(1)(a)5.
5. A pesticide that is used exclusively for the treatment of household pets.
ATCP 29.11(1)(a)6.
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.
ATCP 29.11(1)(a)7.
7. A solid or liquid pesticide product that is used exclusively for the treatment of swimming pools, spas, or hot tubs.
ATCP 29.11(1)(b)
(b) “Industrial pesticide" means a pesticide that is not a household pesticide and that is one of the following:
ATCP 29.11(1)(b)1.
1. Solely labeled for use on wood and contains pentachlorophenol, coal tar creosote, or inorganic arsenical wood preservatives.
ATCP 29.11(1)(b)2.
2. Labeled for use in controlling algae, fungi, bacteria, microscopic organisms, or mollusks in or on one or more of the following, and for no other use except a use described in par.
(a) 6. or
7.:
ATCP 29.11(1)(b)2.a.
a. Textiles, paper, leather, plastic, vinyl, or other synthetic materials, metal or rubber.
ATCP 29.11(1)(b)2.c.
c. Commercial, construction, manufacturing, or industrial fluids, including adhesives, additives or pigments.
ATCP 29.11(1)(b)2.d.
d. Commercial, construction, manufacturing or industrial processes, equipment, devices, or containers, other than those used in the production or storage of human food or animal feed.
ATCP 29.11(1)(c)
(c) “Nonhousehold pesticide" means a pesticide that is not a household pesticide or an industrial pesticide.
ATCP 29.11(1)(e)
(e) “Primary producer" means a person who manufactures an active ingredient that is used to manufacture or produce a pesticide.
ATCP 29.11(2)
(2)
Annual license fee. An applicant for a license under s.
ATCP 29.10 shall pay an annual license fee for each pesticide product that the applicant sells or distributes for use in this state during the license year. Except as provided in subs.
(5) to
(7), the fee for each pesticide product is $500.
ATCP 29.11(3)
(3)
Nonhousehold pesticides; cleanup surcharge. An applicant for a license under s.
ATCP 29.10 shall pay an agricultural chemical cleanup surcharge for each nonhousehold pesticide product that the applicant sells or distributes. Except as provided in sub.
(6) or
(7), the amount of the surcharge is $30.
ATCP 29.11(4)
(4)
Primary producers; well compensation fee. Except as provided under sub.
(7), a primary producer applying for a license under s.
ATCP 29.10 shall pay a well compensation fee of $150.
ATCP 29.11(5)
(5)
Unreported pesticide; increased license fee. If a person sells or distributes a pesticide product without having filed a report for that product under s.
ATCP 29.10 (3) (c) or
(4), the license fee for that product is twice the amount determined under sub.
(2), except that if the pesticide product is exempt from federal registration under
40 CFR 152.25, the license fee for that product is $250.
ATCP 29.11(6)
(6)
Discontinued pesticide; final license fee and cleanup surcharge. A person who stops selling or distributing a pesticide product for use in this state shall do all of the following:
ATCP 29.11(6)(a)
(a) Notify the department by December 31 of the year in which the person stops selling or distributing the pesticide product.
ATCP 29.11(6)(c)
(c) By December 31 of the year in which the person stopped selling the pesticide product for use in this state, pay a final license fee of $500 for the pesticide product.
ATCP 29.11(6)(d)
(d) If the product is a nonhousehold pesticide, pay a final agricultural chemical cleanup surcharge of $30.
ATCP 29.11(8)(a)
(a) Except as provided in par.
(b), the department may not refund a fee or surcharge under this section after the department issues a license under s.
ATCP 29.10 to the person who paid the fee or surcharge, unless the fee or surcharge was not properly collected or charged.
ATCP 29.11(8)(b)
(b) Paragraph
(a) does not prohibit a reimbursement under s.
94.681 (3s) (b) 2., Stats., other than a reimbursement of amounts deposited to the environmental fund under s.
94.681 (7), Stats., provided that the reimbursement under s.
94.681 (3s) (b) 2., Stats., is made in the form of a credit against amounts owed under this section in the next license year.
ATCP 29.11 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98; am. (3) (intro.),
Register, May, 2000, No. 533, eff. 6-1-00;
CR 01-021: am. (3) (intro.) and (c),
Register October 2001 No. 550, eff. 11-1-01;
CR 08-075: am. (3), r. and recr. (8)
Register April 2009 No. 640, eff. 5-1-09; correction in (8) (b) made under s.
13.92 (4) (b) 7., Stats.,
Register April 2009 No. 640;
CR 12-003: am. (2) (a) 1. to 3., (b) 1. to 3., (c) 1. to 3.
Register May 2013 No. 689, eff. 6-1-13;
CR 14-047: am. (3) (a) to (c)
Register May 2015 No. 713, eff. 6-1-15;
CR 22-080: r. (1) (d), renum. (2) (intro.) to (2) and am., r. (2) (a) to (c), renum. (3) (intro.) to (3) and am., r. (3) (a) to (c), (3m), am. (5), r. (6) (b), am. (6) (c), (d) Register February 2024 No. 818, eff. 3-1-24. ATCP 29.12
ATCP 29.12
Pesticide manufacturers and labelers; records and reports.
