Wisconsin Legislature: subch. III of ch. ATCP 29

(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.

ATCP 29.11 Pesticide manufacturers and labelers; fees.

(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.

(b) “Industrial pesticide” means a pesticide that is not a household pesticide and that is one of the following:

1. Solely labeled for use on wood and contains pentachlorophenol, coal tar creosote, or inorganic arsenical wood preservatives.

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.:

a. Textiles, paper, leather, plastic, vinyl, or other synthetic materials, metal or rubber.

b. Paints, varnishes, other coating products, lubricants, or fuels.

c. Commercial, construction, manufacturing, or industrial fluids, including adhesives, additives or pigments.

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.

e. Air washing, cooling, or heat transfer systems.

f. Medical equipment.

g. Drinking water or waste water systems.

(e) “Primary producer” means a person who manufactures an active ingredient that is used to manufacture or produce a pesticide.

(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.

(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.

(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.

(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.

(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:

(a) Notify the department by December 31 of the year in which the person stops selling or distributing the pesticide product.

(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.

(d) If the product is a nonhousehold pesticide, pay a final agricultural chemical cleanup surcharge of $30.

(7) Exempt Pesticide products. Subsections (2) to (4) do not apply to pesticides that are exempt from federal registration under 40 CFR 152.25.

(8) Fees and surcharges nonrefundable.

(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.

(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.

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 Pesticide manufacturers and labelers; records and reports.

(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: