Wisconsin Legislature: ATCP 29.56(1)(a)

(f) “Restricted entry interval” has the meaning given in s. ATCP 29.01 (35).

(2) Information to customer. A person hired by a customer to make a residential application shall provide that customer with all of the following:

(a) A written notice offering to provide pre-application information under par. (b). The written notice may be provided electronically to the customer if the customer consents in writing to such notification. The person shall make the offer before making the first residential application for the customer, and shall repeat the offer at least annually if there is a continuing contract for more than one year.

Note: See ch. ATCP 29 Appendix A for an example of a written offer of information under par. (a). Nothing in this section authorizes a commercial applicator to make a residential application which the customer has not affirmatively authorized.

(b) The following pre-application information, in writing, if requested by the customer:

1. The brand name, product name, or common chemical name of each pesticide that may be applied.

2. A copy of the pesticide label for each pesticide that may be applied.

3. The date on which the pesticide application will be made. The date may be communicated orally, rather than in writing, if the requester agrees to oral notification.

4. The name, business address, and telephone number of a person who can provide further information about the pesticide application.

(c) The information required under s. ATCP 29.22. This information shall be provided within the time period specified under s. ATCP 29.22.

(3) Notice to residents.

(a) A person making a residential application shall provide the following information in writing to residents at the time of the application:

1. The name and address of the person making the application, and a telephone number at which residents can obtain further information about the application.

Note: The name and address under subd. 1. may be the name and address of the business entity making the residential application.

2. The first and last name of each individual making the application and, if the application is one for which the individual must be licensed under s. ATCP 29.25, the individual’s license number.

3. The brand name, product name, or common chemical name of the pesticide applied.

4. The concentration and total quantity of each pesticide applied, or the amount of pesticide product applied per unit area and the total area treated.

5. Any pertinent post-application precautions stated on the pesticide label. If the pesticide label prescribes a restricted entry interval, the person making the residential application shall also post a warning sign under s. ATCP 29.52 at each entrance to each treated area.

6. The month, day, year, and approximate starting and ending time of the pesticide application.

7. Notice that a copy of the pesticide label is available upon request. The person making the residential application shall provide a copy of the pesticide label to each resident who requests a copy, but may first require the requester to pay reasonable copying and postage costs if the requester is not the customer who contracted for the application.

8. 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 can be readily determined.

(b) A person making a residential application in any dwelling unit shall leave the information under par. (a) with an adult resident of that dwelling unit, or shall prominently post the information at the entrance to that dwelling unit.

(c) A person making a residential application to any common area within a residential structure, or making a perimeter barrier application, shall provide the information under par. (a) by posting clearly legible notices in common entryways or other conspicuous locations so that all residents are likely to see the notices.

Note: A person making a residential application must comply with sub. (3) regardless of whether the application is a contract application. For example, a landlord making a residential application to the landlord’s own rental units must provide information to tenants residing in those units.

(4) Restricted entry interval; warning signs. If a person makes a residential application of a pesticide whose label prescribes a restricted entry interval, that person shall post a warning sign at each entrance to the treated area. Each warning sign shall be at least 8 1/2 inches by 11 inches. The form and content of each warning sign shall be identical to that shown in ch. ATCP 29 Appendix D. The person making the residential application shall post the warning sign before the application begins, and shall not remove it until the restricted entry interval expires.

Note: A person making a residential application must comply with sub. (4) regardless of whether the application is a contract application. For example, a landlord making a residential application to the landlord’s own rental units must post warning signs under sub. (4) if the pesticide label prescribes a restricted entry interval. See also s. ATCP 29.52 (3) which provides that landlords and contract applicators are individually and jointly responsible for posting warning signs.

History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; correction in (1) (f) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1999, No. 519; CR 12-003: am. (1) (d), (2) (a), cr. (3) (a) 8., am. (3) (c) Register May 2013 No. 689, eff. 6-1-13; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689.

ATCP 29.56 Landscape applications.

(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.

(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.

(2) Information to customer. A person hired by a customer to make a landscape application shall provide that customer with all of the following in writing, or electronically if the customer consents in writing to electronic notification:

Note: See ch. ATCP 29 Appendix A for an example of a written or electronically transmitted notice under par. (a). Nothing in this section authorizes a commercial applicator to make a landscape application which the customer has not affirmatively authorized.

(a) An offer to provide pre-application information under par. (b). The person shall make the offer before making the first landscape application for the customer, and shall repeat the offer at least annually if there is a continuing contract for more than one year.

(b) The following pre-application information, if requested:

1. The brand name, product name, or common chemical name of each pesticide that may be applied.

2. A copy of the pesticide label for each pesticide that may be applied.

3. The date on which the landscape application will be made. The person making the application may communicate the application date orally, rather than in writing, if the requester agrees to oral notification.

4. The name, business address, and telephone number of a person who can provide further information about the pesticide application.

(c) The information required under s. ATCP 29.22. The person making the application shall provide this information to the customer when the application is completed.

(3) Warning signs posted.

(a) Except as provided under par. (c), a person shall post warning signs at a landscape application site before making a landscape application to that site. Warning signs shall comply with subs. (4) and (5).

(b) No person may remove a warning sign posted under par. (a) until sunset of the day following the landscape application, or until sunset of the day on which the restricted entry interval on the pesticide label expires, whichever is later. This paragraph does not require a person to remove warning signs.

1. An individual making a landscape application to residential premises occupied only by that individual’s household.

2. Golf course applications that are exempt under sub. (9).

3. Cemetery applications that are exempt under sub. (10).

(4) Warning signs; form and contents. Each warning sign under sub. (3) shall comply with all of the following:

(a) It shall be at least 4 inches by 5 inches, and shall be attached to a stable supporting device.

(b) It shall contain the information shown in ch. ATCP 29 Appendix B. The information shall be professionally printed with red lettering on a white background, according to the format shown in ch. ATCP 29 Appendix B, except that sign removal dates may be entered by hand. A warning sign may contain supplementary information beyond that shown in ch. ATCP 29 Appendix B if the information is consistent with, and does not detract from, that shown in ch. ATCP 29 Appendix B.

(c) It shall be constructed and posted so that it remains clearly legible for at least 72 hours after it is posted, despite reasonably foreseeable adverse weather conditions.

(5) Warning signs; where posted. At least one of the warning signs required under sub. (3) shall be clearly visible from each point at which there is significant potential for human access to the treated area.

Note: For example, warning signs should be posted so as to be clearly visible from potential access points including roads, sidewalks, driveways, doorways, alleys, and adjacent yards unless a fence, wall, hedge, or similar feature effectively prevents human access to the treated area from that direction.

(6) Information provided upon request.

(a) A person making a landscape application shall offer the following information to any person who requests information about that landscape application:

1. The complete name and address of the person making the landscape application.

Note: This may be the name and address of the business entity that makes the application.

2. The brand name, product name, or common chemical name of each pesticide applied, and the EPA registration number of that pesticide.

3. The concentration and total quantity of each pesticide applied, or the amount of each pesticide product applied per unit area and the total area treated.

4. The date and approximate time of application.

5. All post-application precautions stated on the pesticide label.

6. A copy of the pesticide label for each pesticide applied.

(b) If a requester asks for any of the information under par. (a), the person making the landscape application shall promptly provide that information to the requester. The information may be provided orally or in writing except that a copy of the pesticide label, if requested, shall be provided in writing. The person making the landscape application may require the requester to pay reasonable copying and postage costs before providing a copy of a pesticide label if the requester is not the customer who contracted for the application.

(7) Registry of individuals requesting advance notice of landscape applications.

(a) The department shall compile an annual registry of individuals requesting advance notice of landscape applications to parcels of land identified in the registry. An annual registry takes effect on March 15 of each year, and expires on March 14 of the following year.

Note: The department will distribute registries by March 1.

(b) An individual who registers under par. (c) may request advance notice of landscape applications, other than applications for which that individual has contracted, to any parcels on the block where that individual resides or on any blocks immediately adjacent to that block.

Note: If a landlord contracts for landscape applications to a rental property, tenants on that property may register to receive advance notice of those applications.

(c) An individual shall register with the department by February 1 of each year to be included in the registry that takes effect on March 15 of that year. An individual shall register on an electronic or paper form provided by the department. The registration form shall include all of the following information which shall be included in the registry under par. (a):

1. The individual’s complete name, street address, and mailing address if different from street address.

2. A telephone number where the individual may be contacted.

3. The street address of each parcel under par. (b) for which the individual requests advance notice of landscape applications.

4. Other information which the department reasonably requires to administer this section.

Note: Individuals may obtain registration forms and submit registrations at the following website address:

http://datcp.wi.gov

Forms may also be obtained by mailing a request to Landscape Registry Coordinator, DATCP, PO Box 8911, Madison, WI 53708-8911, or by calling (608) 224-4500.

A registration complies with the filing deadline under par. (c) if the registration is postmarked, delivered to the department, or entered onto the department’s website by February 1. The department may accept registrations filed after February 1 for inclusion in the March 15 registry, but is not required to do so.

(d) The department shall provide a free copy of the annual registry under par. (a) to all of the following: