Chapter ATCP 29

ATCP 29.70(1) (1) Authority and scope. The department may issue an emergency use permit authorizing the purchase, sale, distribution, and use of a pesticide for a purpose not otherwise permitted under this chapter or ch. ATCP 30, if that use is necessary in an emergency to control a serious disease or pest infestation. The department may not issue an emergency use permit for any of the following:

ATCP 29.70(1)(a) (a) A pesticide use that is not authorized under the federal act.

ATCP 29.70(1)(b) (b) The use of DDT or its isomers or metabolites.

ATCP 29.70 Note Note: The department may issue permits, under s. 94.709, Stats., for the use of DDT, its isomers or metabolites. See s. ATCP 30.19 related to emergency use permits for bat control.

ATCP 29.70(2) (2) Permit application. An application for an emergency use permit under sub. (1) shall be submitted by electronic means to the department unless advance approval to submit a paper application is granted by the department. The application shall include all of the following:

ATCP 29.70(2)(a) (a) The complete name and address of the applicant, including the complete name and address of the pesticide applicator if different from the applicant.

ATCP 29.70(2)(b) (b) A detailed description of the nature and scope of the emergency warranting the pesticide use, including information on the target pest.

ATCP 29.70(2)(c) (c) A description of the purpose for which the pesticide will be used.

ATCP 29.70(2)(d) (d) A detailed description of the potential benefits, adverse effects, and hazards which may result from the use of the pesticide.

ATCP 29.70(2)(e) (e) A description and analysis of feasible alternative pesticides and control measures that could be utilized to control the pest.

ATCP 29.70(2)(f) (f) The composition and formulation of the pesticide.

ATCP 29.70(2)(g) (g) The source from which the pesticide is to be purchased or shipped.

ATCP 29.70(2)(h) (h) The amount of pesticide to be used.

ATCP 29.70(2)(i) (i) The site of the pesticide application.

ATCP 29.70(2)(j) (j) The method of pesticide application and any special precautions that will be taken in the use and disposal of the pesticide.

ATCP 29.70(2)(k) (k) Any additional information required by the department.

ATCP 29.70 Note Note: The use of certain pesticides, such as use of atrazine in an atrazine prohibition area, may require a permit under ch. ATCP 30.

ATCP 29.70(3) (3) Action on permit application. The department shall grant or deny a permit application under sub. (2) within 20 business days after the department receives a complete application.

ATCP 29.70(4) (4) Issuing a permit. The department may issue an emergency use permit under sub. (1), based on a complete application under sub. (2), if the department finds all of the following:

ATCP 29.70(4)(a) (a) The emergency use is necessary to prevent a serious risk to persons, property, or the environment.

ATCP 29.70(4)(b) (b) The benefits from the proposed emergency use outweigh the potential risks which that use may pose to persons, property, and the environment.

ATCP 29.70(4)(c) (c) There are no effective alternative control measures.

ATCP 29.70 Note Note: The department must prepare an environmental assessment on each permit issued under this subsection. See ch. ATCP 3.

ATCP 29.70(6) (6) Permit conditions.

ATCP 29.70(6)(a) (a) The department may impose conditions on an emergency use permit to protect persons, property, and the environment. These may include any of the following:

ATCP 29.70(6)(a)1. 1. Time limits.

ATCP 29.70(6)(a)2. 2. Conditions related to the amount of pesticide used, the location and size of the application site, the method of application, and the disposal of pesticide containers and unused pesticides.

ATCP 29.70(6)(a)3. 3. Conditions related to the training and qualifications of persons applying the pesticide.

ATCP 29.70(6)(a)4. 4. Other conditions which the department considers appropriate.

ATCP 29.70(7) (7) Suspending or revoking a permit. The department may summarily suspend or revoke an emergency use permit if the department finds any of the following:

ATCP 29.70(7)(a) (a) Information contained in the permit application is false or misleading.

ATCP 29.70(7)(b) (b) Permit conditions or limitations have been violated.

ATCP 29.70(7)(c) (c) The pesticide use poses an unreasonable risk to persons, property, or the environment.

ATCP 29.70 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 12-003: am. (2) (intro) Register May 2013 No. 689, eff. 6-1-13.

ATCP 29.71 ATCP 29.71 Experimental use permits.

ATCP 29.71(1) (1) Authorization. The department may issue an experimental use permit authorizing the sale, purchase, shipment, and use of a pesticide, other than DDT and its isomers and metabolites, for experimental purposes not otherwise permitted under ss. 94.67 through 94.71, Stats., or this chapter. The department may not issue a permit for any purpose that is prohibited under the federal act. The department may issue a permit to any of the following persons:

ATCP 29.71(1)(a) (a) A person who needs the permit to acquire experimental data in this state in order to register a pesticide or pesticide use under the federal act or s. ATCP 29.72.

ATCP 29.71(1)(b) (b) A person, other than a pesticide seller or a seller’s promotional agent, who needs the permit to perform bona fide scientific research in this state.

ATCP 29.71(2) (2) Permit application. An application for an experimental use permit under sub. (1) shall be submitted by electronic means to the department unless advance approval to submit a paper application is granted by the department. The application shall include all of the following:

ATCP 29.71(2)(a) (a) The applicant’s complete name and address.

ATCP 29.71(2)(b) (b) The complete name and address of each person who will be shipping the pesticide, and the address from which each shipment will originate.

ATCP 29.71(2)(c) (c) The complete name and address of each person who will receive a pesticide shipment in this state.

ATCP 29.71(2)(d) (d) The complete name and address of each individual who will use or direct the use of the pesticide.

ATCP 29.71(2)(e) (e) The complete name and address of each person on whose property the pesticide will be used.

ATCP 29.71(2)(f) (f) A detailed description of the proposed experimental use, including all of the following:

ATCP 29.71(2)(f)1. 1. The purpose of the experimental use.

ATCP 29.71(2)(f)2. 2. The amount of pesticide to be used.

ATCP 29.71(2)(f)3. 3. The target organisms against which the experimental use will be directed.

ATCP 29.71(2)(f)4. 4. The type of plants, animals, or site to be treated.

ATCP 29.71(2)(f)5. 5. The location, nature, and size of the site to be treated, and the nature of the surrounding environment.

ATCP 29.71(2)(f)6. 6. The dates or time periods on or within which the pesticide will be used.

ATCP 29.71(2)(f)7. 7. The methods by which the pesticide will be applied or used.

ATCP 29.71(2)(g) (g) The proposed schedule of pesticide shipments, including individual shipment dates and amounts.

ATCP 29.71(2)(h) (h) A detailed description of the pesticide, including all of the following:

ATCP 29.71(2)(h)1. 1. The pesticide’s chemical composition and formulation type, including the chemical name and percentage by weight of each active and inert ingredient.

ATCP 29.71(2)(h)2. 2. Relevant chemical and physical properties of the pesticide.

ATCP 29.71(2)(h)3. 3. Methods used to analyze the pesticide formulation and identify pesticide residues.

ATCP 29.71(2)(h)4. 4. Available information on pesticide toxicity, including oral, dermal, and inhalation toxicity, lethal concentrations in the aquatic environment, chronic toxicity hazards, and symptoms of toxicity in persons, plants, and animals.

ATCP 29.71(2)(h)5. 5. Available information on the rate of decline of pesticide residues in target and nontarget organisms, raw agricultural commodities, food, feed, and the environment.

ATCP 29.71(2)(h)6. 6. Potential hazards to persons using the pesticide, and suggested precautions for use.

ATCP 29.71(2)(i) (i) A description of precautions that will be taken in connection with the experimental use to prevent hazards to persons, property, and the environment.

ATCP 29.71(2)(j) (j) Either of the following if the experimental use may cause pesticide residues to occur in raw agricultural commodities, food, or feed:

ATCP 29.71(2)(j)1. 1. Proof that the proposed experimental use will not result in pesticide residues in excess of tolerances established under the federal act or the federal food, drug and cosmetic act, as amended (21 USC 301 et seq.), or that the pesticide’s active and inert ingredients are exempted from the requirement of a residue tolerance in raw agricultural commodities, food, and feed.

ATCP 29.71(2)(j)2. 2. Certification that no raw agricultural commodities, food, or feed involved in the experimental use will be consumed by humans or other animals, except laboratory or experimental animals not used for food or feed.

ATCP 29.71(2)(k) (k) A copy of any permit which the federal environmental protection agency has issued for the experimental use under the federal act.

ATCP 29.71(2)(L) (L) Proposed labeling for the experimental use pesticide.

ATCP 29.71(2)(m) (m) Other relevant information required by the department.

ATCP 29.71(3) (3) Action on permit application. The department shall grant or deny a permit application under sub. (2) within 60 business days after the department receives a complete application.

ATCP 29.71(4) (4) Issuing a permit. The department may issue a permit under sub. (1), based on a complete application under sub. (2), if the department finds all of the following:

ATCP 29.71(4)(a) (a) The experimental use is one for which a permit may be issued under sub. (1).

ATCP 29.71(4)(b) (b) The permit applicant qualifies under sub. (1).

ATCP 29.71(4)(c) (c) The persons conducting the experimental use are qualified by training or experience to do so.

ATCP 29.71(4)(d) (d) The experimental use presents no significant hazard to persons, property, or the environment, and includes adequate controls and safeguards.

ATCP 29.71 Note Note: The department must prepare an environmental assessment on each permit issued under this subsection. See ch. ATCP 3, Wis. Adm. Code.

ATCP 29.71(5) (5) Permit conditions. The department may impose conditions on permits issued under sub. (1). Permit conditions may include limits on the amount of pesticide used, the method of use, the size and location of application sites, and the disposal of unused pesticides and pesticide containers.

ATCP 29.71(6) (6) Permit expiration. A permit under sub. (1) expires on a date set by the department. The expiration date shall correspond to the expiration date set by the federal environmental protection agency on any corresponding federal permit. If no federal permit is required, the department shall set an expiration date which is no more than 2 years from the date on which the department issues the permit.

ATCP 29.71(7) (7) Permit renewal or amendment. A person holding a permit under sub. (1) may apply to have that permit renewed or amended. The application shall comply with sub. (2). The department shall act on the application as if it were an application for a new permit.

ATCP 29.71(8) (8) Permit suspension or revocation. The department may summarily suspend or revoke an experimental use permit if the department finds any of the following:

ATCP 29.71(8)(a) (a) Information contained in the permit application is false or misleading.

ATCP 29.71(8)(b) (b) Permit conditions or limitations have been violated.

ATCP 29.71(8)(c) (c) The pesticide use poses an unreasonable risk to persons, property, or the environment.

ATCP 29.71(9) (9) Pesticide labeling. No person may ship or use a pesticide under an experimental use permit unless the pesticide is labeled with all of the following:

ATCP 29.71(9)(a) (a) The prominent statements “FOR EXPERIMENTAL USE ONLY” and “NOT FOR RESALE.”

ATCP 29.71(9)(b) (b) The name, brand, or trademark of the pesticide.

ATCP 29.71(9)(c) (c) The name and address of the experimental use permit holder.

ATCP 29.71(9)(d) (d) The net contents of the pesticide container.

ATCP 29.71(9)(e) (e) A complete ingredient statement.

ATCP 29.71(9)(f) (f) Appropriate warning or cautionary statements.

ATCP 29.71(9)(g) (g) A restricted entry interval, if appropriate.