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(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.
(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:
(a) The experimental use is one for which a permit may be issued under sub. (1).
(b) The permit applicant qualifies under sub. (1).
(c) The persons conducting the experimental use are qualified by training or experience to do so.
(d) The experimental use presents no significant hazard to persons, property, or the environment, and includes adequate controls and safeguards.
Note: The department must prepare an environmental assessment on each permit issued under this subsection. See ch. ATCP 3, Wis. Adm. Code.
(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.
(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.
(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.
(8)Permit suspension or revocation. The department may summarily suspend or revoke an experimental use permit if the department finds any of the following:
(a) Information contained in the permit application is false or misleading.
(b) Permit conditions or limitations have been violated.
(c) The pesticide use poses an unreasonable risk to persons, property, or the environment.
(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:
(a) The prominent statements FOR EXPERIMENTAL USE ONLY” and “NOT FOR RESALE.”
(b) The name, brand, or trademark of the pesticide.
(c) The name and address of the experimental use permit holder.
(d) The net contents of the pesticide container.
(e) A complete ingredient statement.
(f) Appropriate warning or cautionary statements.
(g) A restricted entry interval, if appropriate.
(h) Directions and conditions for use of the pesticide.
(i) Other labeling required by the department.
(10)Reports.
(a) The department may require the holder of an experimental use permit under sub. (1) to file periodic reports related to the shipment or use of pesticides under that permit. These may include reports related to any of the following:
1. The amounts of pesticide shipped and used.
2. Shipment and delivery dates and locations.
3. Dates and locations of pesticide use.
4. Experimental findings.
5. Disposal of unused pesticide and pesticide containers.
6. Disposal of treated agricultural commodities, food, or feed.
7. Other information related to the experimental use.
(b) A permit holder shall immediately report to the department any observed adverse effects of the experimental use on persons, property, or the environment.
(11)Exemptions.
(a) The following entities may conduct preliminary screening tests under par. (b) without an experimental use permit under sub. (1):
1. A state or federal agency.
2. An accredited college or university.
3. A pesticide registrant.
(b) The following tests are considered preliminary screening tests under par. (a) if they are solely designed to determine whether a substance has value as a pesticide for specific purposes:
1. Laboratory or greenhouse tests.
2. Field tests, other than field tests of microorganisms produced or modified by recombinant DNA techniques, conducted on test plots owned by the testing entity. No individual test plot may exceed 1/2 acre, nor may the combined area of all the test plots exceed 5 acres.
3. Tests for which the federal environmental protection agency issues an experimental use permit. The testing entity shall provide the department with a copy of the federal permit and shall notify the department of the test locations before conducting the tests.
(c) No raw agricultural commodities, food, or feed involved in a screening test under par. (b) may be consumed by humans or other animals, except laboratory or experimental animals which are used in the test and are not used for food or feed. The agricultural commodities, food, and feed shall be disposed of in a manner that minimizes exposure to human beings and the environment.
(d) The exemption under par. (a) does not apply to a pesticide or pesticide use which is specifically prohibited under this chapter, or for which a federal registration has been denied, suspended, or canceled.
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 29.72Special local needs registrations.
(1)Authority. The department may register either of the following if the registration is necessary to meet a special local need in the state:
(a) A pesticide product which is not registered under the federal act. The registration shall specify the uses for which the pesticide product is registered.
(b) A new use for a pesticide product that is currently registered under par. (a).
(2)Effect of registration. Registration under sub. (1) has the same effect in this state as registration under the federal act unless the federal environmental protection agency disapproves the registration.
(3)Registration standards. The department may register a pesticide product or use under sub. (1) if the department finds all of the following:
(a) Registration is necessary to meet a special local need in this state. A special local need is a current or imminent pest problem in this state that cannot be adequately controlled by the use of any available federally registered pesticide product. The department may find that a pest problem existing on a nationwide or multi-state regional basis is not a special local need.
(b) There are insufficient alternative pesticides or pest control methods to meet the special local need.
(c) The pesticide product is effective, for the uses registered under sub. (1), when used according to label directions. The department’s finding under this paragraph does not constitute a warranty by the department.
(d) The pesticide label complies with this chapter and the federal act, and warrants that the product is effective for the uses registered under sub. (1).
(e) The pesticide product will not be distributed for further manufacturing, reformulation, or repackaging.
(f) The pesticide product, if registered for use on raw agricultural commodities, food, or feed, is covered by necessary residue tolerances, exemptions, and clearances under the federal act and the federal food, drug and cosmetic act as amended (21 USC 301 et seq.).
(g) The pesticide product, when used according to label directions for the purposes registered under sub. (1), will not have unreasonable adverse effects on persons, property, or the environment.
(h) The federal environmental protection agency has not denied, disapproved, canceled, or suspended any registration of the pesticide product under the federal act. If the federal environmental protection agency has denied, disapproved, canceled, or suspended the registration of the product for any use, the department may not register any other use of that product without approval from the federal environmental protection agency.
(i) The pesticide product complies with all applicable packaging, coloration, and labeling provisions under this chapter, ss. 94.67 to 94.71, Stats., and the federal act.
(j) The benefits derived from pesticide product uses registered under sub. (1) will exceed the adverse effects on persons, property, and the environment.
(k) The pesticide product is currently registered under the federal act, or is formulated from ingredients which are all found in other federally registered pesticide products.
Note: The department must prepare an environmental assessment on each permit issued under this subsection. See ch. ATCP 3.
(4)Applying for registration. A person licensed under s. ATCP 29.10 may apply for a special local needs registration under sub. (1). The application 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:
(a) The applicant’s name, address, and license number under s. ATCP 29.10. If the applicant is not yet licensed under s. ATCP 29.10, the applicant shall also submit a license application under that section.
(b) A fee of $250.
(c) A complete description of the special local need justifying the registration.
(d) The name of the pesticide product.
(e) The registration number of the pesticide product or, if the product is not currently registered under the federal act, the complete product formula.
(f) A copy of the proposed pesticide product label.
(g) Valid scientific evidence demonstrating that the product is effective for the proposed use.
(h) Evidence showing that alternative pesticides and pest control methods are not adequate to meet the special local need.
(i) A description and analysis of the benefits to be derived from the proposed pesticide use.
(j) A description and analysis of potential adverse effects to persons, property, and the environment which may result from the proposed pesticide use.
(k) Evidence demonstrating that the pesticide product will not have unreasonable adverse effects on persons, property, or the environment when used according to label directions.
(L) An analysis demonstrating that the benefits to be derived from the proposed pesticide use exceed the potential adverse effects.
(m) Other relevant information required by the department.
(5)Action on application. The department shall grant or deny an application under sub. (4) within 180 business days after the department receives a complete application.
(6)Registration expires. A special local needs registration under sub. (1) expires on a date specified by the department in the registration. The expiration date shall be not more than 5 years after the date on which the department issues the registration.
(7)Registration renewal or amendment. A registrant under sub. (1) may apply to have that registration renewed or amended. The application shall comply with sub. (4). The department shall act on the application as if it were an application for a new registration. If a registration is amended during a registration period, the amendment expires at the end of that registration period. A registration may be renewed for a period of up to 5 years.
(8)Labeling. A pesticide product registered for one or more uses under sub. (1) shall be labeled in compliance with s. ATCP 29.06. The product label shall also include all of the following:
(a) A statement indicating that the registration under sub. (1) applies only in Wisconsin.
(b) The registration number assigned by the department.
(c) The expiration date of state registration.
(d) Other labeling required by the department.
(9)Registration conditions. The department may restrict a registered use under sub. (1) to certified applicators, and may attach other conditions to the registration of a pesticide product or use under sub. (1). The department shall restrict a use to certified applicators if any of the following apply:
(a) The pesticide product is similar in composition to a federally registered product for which similar uses are restricted to certified applicators. Pesticide products are similar in composition if they have the same active ingredients and are in the same toxicity category. Pesticide uses are similar if they have substantially equivalent purposes and the same precautionary labeling.
(b) The use would be restricted to certified applicators under the federal act.
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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.