Chapter ATCP 29

ATCP 29.20(8) (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:

ATCP 29.20(8)(a) (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).

ATCP 29.20(8)(b) (b) There is any other significant change in information provided under sub. (4).

ATCP 29.20 History 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 29.21 ATCP 29.21 Commercial application business; records.

ATCP 29.21(1) (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.

ATCP 29.21 Note Note: Under s. ATCP 30.31 (5), a commercial application business must keep a record of atrazine applications for at least 3 years.

ATCP 29.21(2) (2) Record contents. A pesticide application record under sub. (1) shall include all of the following:

ATCP 29.21(2)(a) (a) The first and last name of each individual making the pesticide application.

ATCP 29.21(2)(b) (b) The name and address of the customer, if any, for whom the pesticide was applied.

ATCP 29.21(2)(c) (c) The crop, commodity, or site to which the pesticide was applied.

ATCP 29.21(2)(d) (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.

ATCP 29.21(2)(e) (e) The month, day, year, and approximate starting and ending time of the pesticide application.

ATCP 29.21(2)(f) (f) The brand name, or product name, or common chemical name, and the federal environmental protection agency registration number, of each pesticide applied.

ATCP 29.21(2)(g) (g) At least one of the following:

ATCP 29.21(2)(g)1. 1. The concentration and total quantity of each pesticide applied.

ATCP 29.21(2)(g)2. 2. The amount of each pesticide applied per unit area and the total area treated.

ATCP 29.21(2)(h) (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.

ATCP 29.21 History 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.

ATCP 29.22 ATCP 29.22 Commercial application business; information to customers. Within 30 days after making a pesticide application for a customer, either directly or through an employee, a person required to be licensed under s. ATCP 29.20 shall provide that customer with all of the information in subs. (1) to (9) in writing. The information may be provided to the customer electronically if the customer consents in writing to such notification prior to the application.

ATCP 29.22 Note Note: Types of electronic communication include, but are not limited to, email and text.

ATCP 29.22(1) (1) A telephone number at which the customer may contact the person.

ATCP 29.22(2) (2) The first name, last name, and license number of each individual who made or directly supervised the pesticide application.

ATCP 29.22(3) (3) The crop, commodity, or site to which the pesticide was applied.

ATCP 29.22(4) (4) 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.

ATCP 29.22(5) (5) The month, day, year, and approximate starting and ending time of the pesticide application.

ATCP 29.22(6) (6) The brand name or product name or common chemical name, and the federal environmental protection agency registration number of each pesticide applied.

ATCP 29.22 Note Note: Under federal worker protection rules, a commercial application business making a pesticide application for an “agricultural establishment” as defined under s. ATCP 29.60 (3) must also provide that customer with the names of the pesticide active ingredients applied.

ATCP 29.22(7) (7) At least one of the following:

ATCP 29.22(7)(a) (a) The concentration and total quantity of each pesticide applied.

ATCP 29.22(7)(b) (b) The amount of each pesticide applied per unit area and the total area treated.

ATCP 29.22(8) (8) Post-application precautions which the pesticide label requires of the customer. This information shall be provided in time for the customer to take the required precautions.

ATCP 29.22 Note Note: For example, pesticide labels might require customers to observe post-application precautions such as restricted entry intervals, preharvest intervals, grazing intervals, and subsequent planting restrictions.

ATCP 29.22(9) (9) A free copy of the pesticide label, or notice that the customer may request a free copy. The person shall provide a free copy to each customer who requests it.

ATCP 29.22 Note Note: Applicators making certain types of pesticide applications must comply with additional notification requirements under subchs. IX and X. This section does not limit the applicator’s responsibility under those subchapters. Under s. ATCP 29.55, businesses applying pesticides to residential structures must provide information to residents at the time of application. Under s. ATCP 29.56, a commercial application business making a landscape application for a customer must provide that customer with information at the time of application.

ATCP 29.22 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 12-003: am. (intro), (4) Register May 2013 No. 689, eff. 6-1-13.

subch. VI of ch. ATCP 29 Subchapter VI — Individuals Handling Or Applying Pesticides

ATCP 29.25 ATCP 29.25 Individual commercial applicator; license.

ATCP 29.25(1) (1) License required. Except as provided under sub. (2), no individual may do any of the following without an annual license from the department:

ATCP 29.25(1)(a) (a) Use or direct the use of any pesticide as an independent contractor for hire, or as an employee of an independent contractor for hire.

ATCP 29.25(1)(b) (b) Use or direct the use of a restricted-use pesticide.

ATCP 29.25 Note Note: See s. 94.704, Stats. A license under this section entitles the license holder to engage only in those activities for which the license holder is also certified for competency under s. ATCP 29.26. An individual who is the sole proprietor of a pesticide application business must be licensed under s. ATCP 29.20 and this section.

ATCP 29.25(2) (2) Exemptions. No license is required under sub. (1) for any of the following:

ATCP 29.25(2)(a) (a) A health practitioner who uses or directs the use of a pesticide as part of a medical treatment which that practitioner is licensed to provide in this state.

ATCP 29.25(2)(b) (b) A veterinarian who uses or directs the use of a pesticide as part of a veterinary treatment which that veterinarian is licensed to provide in this state.

ATCP 29.25(2)(c) (c) A veterinary technician who uses a pesticide as part of a veterinary treatment which that technician is certified to provide under ch. 89, Stats.

ATCP 29.25(2)(d) (d) A laboratory researcher who uses or directs the use of pesticides only in the laboratory as part of a bona fide laboratory research project.

ATCP 29.25(2)(e) (e) An individual who only uses or directs the use of germicides, sanitizers, or disinfectants.

ATCP 29.25(2)(f) (f) An employee of a pesticide application business licensed under s. ATCP 29.20 who applies pesticides only to property owned or controlled by that pesticide application business, and who applies no restricted-use pesticides.

ATCP 29.25(2)(g) (g) An individual who is currently registered as a trainee under s. ATCP 29.32.

ATCP 29.25 Note Note: A trainee registration under s. ATCP 29.32 expires 30 days after the trainee’s employer files the registration with the department.

ATCP 29.25(2)(h) (h) An agricultural producer, except that an agricultural producer who does any of the following is not exempt:

ATCP 29.25(2)(h)1. 1. Uses or directs the use of pesticides for a person who is not an agricultural producer.

ATCP 29.25(2)(h)2. 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.

ATCP 29.25(2)(h)3. 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.

ATCP 29.25(2)(h)4. 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.

ATCP 29.25(3) (3) License conditions.

ATCP 29.25(3)(a) (a) A license under sub. (1) expires on December 31 annually and is not transferable between persons.

ATCP 29.25(3)(b) (b) An individual licensed under sub. (1) shall carry the license when engaged in any activity for which the license is required.

ATCP 29.25(3)(c) (c) The department may not issue a license under sub. (1) to an individual who is less than 16 years old.

ATCP 29.25(4) (4) License application. An applicant for a license under sub. (1) shall apply on a form provided by the department. An application shall include all of the following information, together with the fees required under sub. (5):

ATCP 29.25(4)(a) (a) The applicant’s complete name, mailing address, and street address.

ATCP 29.25(4)(b) (b) The applicant’s business name and address if the individual is engaged in business as a sole proprietor.

ATCP 29.25(4)(c) (c) The name and address of the person, if any, who employs the applicant to use or direct the use of pesticides.

ATCP 29.25(4)(d) (d) Any other information which the department reasonably requires to administer this section.

ATCP 29.25(5) (5) Fees.

ATCP 29.25(5)(a) (a) Except as provided under par. (b), an applicant for an annual license under sub. (1) shall pay an agricultural chemical cleanup surcharge of $10, except as provided in s. 94.73 (15), Stats.

ATCP 29.25(5)(b) (b) No fee or surcharge is required under par. (a) for an applicant who uses or directs the use of pesticides under sub. (1) only as a government employee or as an employee of a public or private educational institution.

ATCP 29.25(6) (6) Action on license application. The department shall grant or deny an application under sub. (4) within 30 business days after the department receives a complete application.

ATCP 29.25 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; am. (5) (a) 1. and 2., Register, May, 2000, No. 533, eff. 6-1-00; CR 01-021: am. (5) (a) 2., Register October 2001 No. 550, eff. 11-1-01; CR 08-075: am. (5) (a) 2. Register April 2009 No. 640, eff. 5-1-09; CR 12-003: am. (2) (b), (c) Register May 2013 No. 689, eff. 6-1-13; CR 14-047: am. (5) (a) 1., 2. Register May 2015 No. 713, ef. 6-1-15; correction in (2) (c) made under s. 13.92 (4) (b) 7., Stats., Register October 2015 No. 718; CR 22-080: cons. (5) (a) (intro.) and (a) 2. and renum. to (5) (a) and am., r. (5) (a) 1. Register February 2024 No. 818, eff. 3-1-24.

ATCP 29.26 ATCP 29.26 Individual commercial applicator; certification.

ATCP 29.26(1) (1) Certification required. No individual may engage in any activity for which a license is required under s. ATCP 29.25 unless one of the following applies:

ATCP 29.26(1)(a) (a) The individual is certified under this section to engage in that activity as a commercial applicator.

ATCP 29.26(1)(b) (b) The individual is certified as a pesticide mixer and loader under s. ATCP 29.28, and is solely engaged in mixing and loading pesticides for application by others.

ATCP 29.26 Note Note: According to s. 94.715 (2) (dm), Stats., school boards must ensure that persons making pesticide applications to public school grounds are certified under s. 94.705, Stats.

ATCP 29.26(2) (2) Scope of certification. The department may certify an individual commercial applicator in one or more categories under s. ATCP 29.31. An individual certified in any category may do any of the following:

ATCP 29.26(2)(a) (a) Use or direct the use of pesticides in that category.

ATCP 29.26(2)(b) (b) Mix or load pesticides, for application by others, in all of the categories under s. ATCP 29.31.

ATCP 29.26(3) (3) Length of certification.

ATCP 29.26(3)(a) (a) An individual commercial applicator certification is valid for 5 years unless the department suspends or revokes the certification.

ATCP 29.26(3)(b) (b) The department may certify an individual commercial applicator in additional categories under s. ATCP 29.31 during that individual’s 5-year certification period. The additional certifications are valid for the remainder of the 5-year period, and expire simultaneously at the end of that period.

ATCP 29.26(3)(c) (c) The department may renew an individual commercial applicator certification for another 5 years if the individual again satisfies the requirements for certification.

ATCP 29.26(4) (4) Special application methods; supplementary certification. No individual commercial applicator may use aircraft, chemigation, or soil fumigation to apply pesticides in any category under s. ATCP 29.31 for which that individual is certified unless that individual is also certified under s. ATCP 29.29 to apply pesticides by that method.

ATCP 29.26 Note Note: See certification requirements under s. ATCP 30.22 (2) for applicators using metam sodium.

ATCP 29.26(5) (5) Certification card.

ATCP 29.26(5)(a) (a) Within 30 business days after an individual commercial applicator satisfies the requirements for certification under this section, the department shall issue a commercial applicator certification card to that individual. The card shall include all of the following:

ATCP 29.26(5)(a)1. 1. The individual’s name and certification number.

ATCP 29.26(5)(a)2. 2. A statement indicating the categories under s. ATCP 29.31 in which the individual is certified as a commercial applicator.

ATCP 29.26(5)(a)3. 3. A statement indicating that the individual is certified under s. ATCP 29.29 to apply pesticides by means of aerial application, chemigation, or soil fumigation, if that is the case.