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(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.
(3)License application. A person applying for a license under sub. (1) shall apply on a form provided by the department. The application shall include all of the following:
(a) The applicant’s correct name, mailing address, and street address. The application shall specify whether the applicant is an individual, corporation, or other business entity.
(b) Every other name under which the applicant does business.
(c) The mailing address and street address of each location from which the applicant sells or intends to sell any restricted-use pesticide. This includes any location at which the applicant regularly takes pesticide orders, but does not include a motorized vehicle from which the applicant takes orders by mobile telephone.
(d) The license fees and surcharges required under sub. (4).
(e) Other information reasonably required by the department for the administration of this section.
(4)License and Surcharges. A person applying for a license under sub. (1) shall pay the following annual license fee and surcharge for each business location under sub. (3) (c), including any new location opened during the license year:
(a) A license fee of $60.
(b) An agricultural chemical cleanup surcharge of $20, except as provided in s. 94.73 (15), Stats.
(5)Additional locations. Before a person licensed under sub. (1) sells a restricted-use pesticide from any additional location not identified in that person’s most recent annual license application under sub. (3) (c), that person shall do both of the following:
(a) Provide the department with the mailing address and street address of that additional location.
(b) Pay the fee and surcharge required under sub. (4) for that additional location.
(6)Action on license application. The department shall grant or deny a license application under sub. (3) within 30 business days after the applicant files a complete application with the department.
(7)Sales of restricted-use pesticides. A person required to be licensed under sub. (1) may sell or distribute a restricted-use pesticide only to one of the following:
(a) A pesticide dealer or distributor licensed under sub. (1), or equivalent laws of another state, to sell or distribute restricted-use pesticides.
(b) A commercial application business licensed under s. ATCP 29.20, or equivalent laws of another state, to use or direct the use of restricted-use pesticides.
(c) An individual commercial applicator licensed and certified under ss. ATCP 29.25 and 29.26, or certified under equivalent laws of another state, to use or direct the use of that pesticide.
(d) A private applicator certified under s. ATCP 29.27, or equivalent laws of another state, to use or direct the use of that pesticide.
(8)Restricted-use pesticides; sales records. A person required to be licensed under sub. (1) shall keep legible records of all restricted-use pesticides which that person sells or distributes in this state. 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. The person shall keep all of the following records related to each sale or distribution of a restricted-use pesticide:
(a) The pesticide brand name.
(b) The identity of the pesticide manufacturer or labeler.
(c) The pesticide registration number assigned by the federal environmental protection agency.
(d) The amount of the pesticide sold or distributed.
(e) The date of the sale or distribution.
(f) The first name, last name, and address of the purchaser or intended recipient and the commercial application business license number, restricted use dealer license number, and applicator license and certification number, if any, of the purchaser or intended recipient.
(g) The first name, last name, and address of the person to whom the seller delivered custody of the pesticide, if other than the purchaser or intended recipient.
(9)Annual report. Not later than October 30 of each year, a person required to be licensed under sub. (1) shall report each of the following to the department on a report form provided by the department:
(a) The name and address of each person from whom that person received any pesticide during the preceding 12-month period ending September 30.
(b) The amount of each pesticide which that person sold to end users for use in Wisconsin during the preceding 12-month period ending September 30.
Note: Reports under sub. (9) must include all pesticides, not just restricted-use pesticides. Report forms may be obtained from the department at the following address: Department of Agriculture, Trade and Consumer Protection; Division of Agricultural Resource Management; P.O. Box 8911, Madison, WI 53708-8911.
History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; am. (4) (b), Register, May, 2000, No. 533, eff. 6-1-00; CR 01-021: am. (4) (b), Register October 2001 No. 550, eff. 11-1-01; CR 08-075: am. (4) (b) Register April 2009 No. 640, eff. 5-1-09; CR 12-003: am. (4) (b), (8) (f), (g) Register May 2013 No. 689, eff. 6-1-13; CR 14-047: am. (4) (b) Register May 2015 No. 713, eff. 6-1-15; CR 22-080: am. (4) (b) Register February 2024 No. 818, eff. 3-1-24.
ATCP 29.16Pesticide sales records. 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.
Note: 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.
History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.
Subchapter V — Commercial Application Businesses
ATCP 29.20Commercial application business; license.
(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.
(2)Exemptions. The following persons are not required to obtain a license under sub. (1):
(a) A government entity.
(b) An individual, employed by a person licensed under sub. (1), who uses or directs the use of pesticides solely on behalf of that employer and not on the individual’s own behalf.
(c) A person applying pesticides as part of a medical treatment provided by a licensed medical practitioner, or as part of a veterinary treatment provided by a licensed veterinary practitioner.
(d) A person applying pesticides in the laboratory in the course of bona fide laboratory research.
(e) A person applying germicides, sanitizers, or disinfectants.
(f) An agricultural producer, except that an agricultural producer who does any of the following is not exempt:
1. Uses or directs the use of pesticides for a person who is not an agricultural producer.
2. Uses or directs the use of pesticides for another agricultural producer for a purpose other than the production of agricultural commodities, or for the purpose of producing pesticide-treated commercial seed or pesticide-treated commercial wood products.
3. For compensation other than the exchange of goods or services, uses or directs the use of pesticides for more than 3 other agricultural producers in any calendar year.
4. For compensation other than the exchange of goods or services, uses or directs the use of pesticides applied in any calendar year to a total of more than 500 acres of land which the agricultural producer does not own or control.
(3)License expiration. A license under sub. (1) expires on December 31 annually and is not transferable to another person.
(4)License application. An applicant for an annual license under sub. (1) shall apply on a form provided by the department. The application shall include all of the following information, together with the fees required under sub. (6):
(a) The applicant’s correct name, mailing address, and street address. The application shall specify whether the applicant is an individual, corporation, or other business entity.
(b) Every other name under which the applicant does business.
(c) The mailing address and street address of each business location under sub. (5). If 2 or more license applicants engage in activities under sub. (5) at the same business location, all of those applicants shall identify that business location in their own applications.
(d) The complete name and license number of each of the applicant’s employees who are required to be licensed under s. ATCP 29.25.
(e) Other information reasonably required by the department for the administration of this section.
(5)Business locations. A business location under this section means any of the following:
(a) A site from which the person operates on a regular basis as a pesticide applicator for hire, including any site at which the person regularly takes orders for pesticide applications. A motorized vehicle, from which a person takes orders by mobile telephone, is not a site under this paragraph.
(b) A site, or a group of sites located within 1/2 mile of each other, at which a person mixes or loads a total of at least 1,500 pounds of pesticide active ingredient, excluding active ingredient applied at or immediately adjacent to the mixing or loading site.
(6)Fees. A person required to be licensed under sub. (1) shall pay the following annual license fee and surcharge for each business location under sub. (5) from which that person operates during the license year:
(a) A basic annual license fee of $70.
(b) An agricultural chemical cleanup surcharge of $20, except as provided in par. (c) or s. 94.73 (15), Stats.
(c) If the applicant manufactures or distributes bulk pesticides in this state, an additional agricultural chemical cleanup surcharge of $25, except as provided in s. 94.73 (15), Stats.
(7)Action on license application. The department shall grant or deny a license application under sub. (4) within 30 business days after the department receives a complete application.
(8)Updated information. A person submitting an annual license application under sub. (4) shall promptly notify the department if any of the following occurs after that person submits that application:
(a) The person adds a business location under sub. (5). The person shall pay a license fee and surcharge for that additional location, as provided under sub. (6).
(b) There is any other significant change in information provided under sub. (4).
History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; am. (6) (b), Register, May, 2000, No. 533, eff. 6-1-00; CR 00-121: am. (6) (b), Register October 2001 No. 550, eff. 11-1-01; CR 08-075: am. (6) (b) Register April 2009 No. 640, eff. 5-1-09; CR 14-047: am. (6) (b) Register May 2015 No. 713, eff. 6-1-15; CR 22-080: r. and recr. (6) (b), cr. (6) (c) Register February 2024 No. 818, eff. 3-1-24.
ATCP 29.21Commercial application business; records.
(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.
History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 12-003: am. (2) (d) Register May 2013 No. 689, eff. 6-1-13.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.