Chapter ATCP 30

ATCP 30.01(1) (1) “Apply a pesticide” means to bring, or attempt to bring, a pesticide into contact with a target organism or site.

ATCP 30.01(2) (2) “Department” means the state of Wisconsin department of agriculture, trade and consumer protection.

ATCP 30.01(3) (3) “Distribute a pesticide” means to distribute a pesticide for sale or use in this state.

ATCP 30.01(4) (4) “Environment” has the meaning given in s. 94.67 (12), Stats.

ATCP 30.01(5) (5) “Individual” means a natural person.

ATCP 30.01(6) (6) “Person” means an individual, corporation, partnership, cooperative association, limited liability company, trust, or other organization or entity. “Person” includes a county or local government entity, but does not include a state or federal government entity.

ATCP 30.01(7) (7) “Pesticide” has the meaning given in s. 94.67 (25), Stats., and includes a pesticide-fertilizer mixture.

ATCP 30.01(8) (8) “Sell” means to sell, offer for sale, display for sale, or hold for sale in this state.

ATCP 30.01(9) (9) “Use” a pesticide means to mix or load a pesticide, apply a pesticide, or engage in any of the following activities which is related to the mixing, loading, or application of a pesticide:

ATCP 30.01(9)(a) (a) Activities which the pesticide label requires of the mixer, loader or applicator.

ATCP 30.01(9)(b) (b) Handling an open pesticide container, other than an empty container that has been triple-rinsed or cleaned according to the pesticide label.

ATCP 30.01(9)(c) (c) Cleaning or rinsing an open pesticide container, pesticide application equipment, or a mix or nurse tank.

ATCP 30.01(9)(d) (d) Disposing of a pesticide or pesticide rinsate.

ATCP 30.01(9)(e) (e) Aerating or ventilating spaces treated with a fumigant pesticide.

ATCP 30.01 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

subch. II of ch. ATCP 30 Subchapter II — Prohibited Pesticides

ATCP 30.05 ATCP 30.05 Prohibited pesticides.

ATCP 30.05(1) (1) Prohibition. Except as provided under sub. (2), no person may sell, distribute, purchase, or use any of the following pesticides in this state:

ATCP 30.05(1)(a) (a) DDT (DDE or TDD)

ATCP 30.05(1)(b) (b) TDE (DDD).

ATCP 30.05(1)(c) (c) Endrin.

ATCP 30.05(1)(d) (d) Cadmium.

ATCP 30.05(1)(e) (e) Thallium sulfate.

ATCP 30.05(1)(f) (f) Aldrin.

ATCP 30.05(1)(g) (g) Chlordane.

ATCP 30.05(1)(h) (h) Dieldrin.

ATCP 30.05(1)(i) (i) Heptachlor.

ATCP 30.05(1)(j) (j) 2,4,5-Trichlorophenoxyacetic acid (2,4,5-T).

ATCP 30.05(1)(k) (k) 2-(2,4,5-Trichlorophenoxy) propionic acid (silvex).

ATCP 30.05(1)(L) (L) Dinoseb.

ATCP 30.05(1)(m) (m) Kelthane.

ATCP 30.05(1)(n) (n) Ethyl parathion.

ATCP 30.05(2) (2) Exemptions. Subsection (1) does not apply to any of the following:

ATCP 30.05(2)(a) (a) Use authorized by an emergency permit under s. ATCP 29.70 or an experimental use permit under s. ATCP 29.71.

ATCP 30.05(2)(b) (b) Use of DDT, or the isomers or metabolites of DDT, authorized by the department under s. 94.709, Stats.

ATCP 30.05(2)(c) (c) The purchase, sale, or use of pesticides other than DDT, or the isomers or metabolites of DDT, for bona fide laboratory research or as laboratory standards or educational exhibits.

ATCP 30.05 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; correction in (2) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1999, No. 519.

subch. III of ch. ATCP 30 Subchapter III — Pesticides Requiring Special Use Permit

ATCP 30.10 ATCP 30.10 Pesticides requiring special use permit.

ATCP 30.10(1) (1) Permit required. Except as provided under sub. (2), no person may purchase or use any of the following pesticides without a written permit from the department:

ATCP 30.10(1)(a) (a) Sodium fluoroacetate (1080).

ATCP 30.10(1)(b) (b) Strychnine, including products containing strychnine sold or purchased for use as pesticides.

ATCP 30.10(1)(c) (c) Any pesticide used to control insects or rodents in public sewers, except when used by a commercial applicator certified under s. ATCP 29.31 (11).

ATCP 30.10(2) (2) Exemptions. Subsection (1) does not apply to any of the following:

ATCP 30.10(2)(a) (a) Use authorized by an emergency permit under s. ATCP 29.70 or an experimental use permit under s. ATCP 29.71.

ATCP 30.10(2)(b) (b) The purchase, sale, or use of a pesticide for bona fide laboratory research, or as a bona fide laboratory standard or educational exhibit.

ATCP 30.10(3) (3) Permit application. To obtain a permit under sub. (1), a person shall apply on a form provided by the department. In an emergency, the department may accept an oral application which the applicant confirms in writing within 48 hours. An application shall include all of the following:

ATCP 30.10(3)(a) (a) The applicant’s name and address.

ATCP 30.10(3)(b) (b) The name and address of each individual applicator who will apply the pesticide in the name of the applicant.

ATCP 30.10(3)(c) (c) The name and formulation of the pesticide for which the applicant seeks a permit.

ATCP 30.10(3)(d) (d) The proposed use of the pesticide, including purpose, location, and quantity.

ATCP 30.10(3)(e) (e) The special circumstances that justify the purchase and use of the pesticide.

ATCP 30.10(3)(f) (f) Any special controls or precautions that will apply.

ATCP 30.10(3)(g) (g) Any information required under sub. (7) (b) if the applicant is applying to purchase or use sodium fluoroacetate (1080).

ATCP 30.10(3)(h) (h) Other relevant information required by the department.

ATCP 30.10(4) (4) Action on permit application. The department shall grant or deny a permit application within 60 business days after the applicant files a complete application with the department.

ATCP 30.10(5) (5) Issuing a permit. The department may issue a permit under sub. (1) if the department finds that the pesticide use is justified by special circumstances, that there is no effective alternative to the pesticide use, and that the proposed use does not pose an unreasonable risk to persons, property, or the environment.

ATCP 30.10 Note Note: The department must prepare an environmental assessment on each permit issued under this subsection. See ch. ATCP 3.

ATCP 30.10(6) (6) Permit conditions. The department may impose permit conditions which it considers appropriate. No person may use a pesticide contrary to the conditions which the department specifies.

ATCP 30.10(7) (7) Sodium fluoroacetate (1080) permit.

ATCP 30.10(7)(a) (a) No permit under sub. (1) may authorize the purchase or use of sodium fluoroacetate (1080) for any purpose other than the control of rats or mice by a commercial applicator who is licensed under s. ATCP 29.25 and certified for that purpose under s. ATCP 29.26.

ATCP 30.10(7)(b) (b) An application for a sodium fluoroacetate (1080) permit shall include all of the following information:

ATCP 30.10(7)(b)1. 1. The nature of the application site and surrounding area.

ATCP 30.10(7)(b)2. 2. The types of wild animals frequenting the site, if any.

ATCP 30.10(7)(b)3. 3. The form in which the sodium fluoroacetate (1080) will be used, including the type of bait used.

ATCP 30.10(7)(b)4. 4. The method of application.

ATCP 30.10(7)(b)5. 5. The method for disposing of rat or mouse carcasses.

ATCP 30.10(7)(c) (c) The following conditions apply to all permits under this section or s. ATCP 29.70 authorizing the use of sodium fluoroacetate (1080):

ATCP 30.10(7)(c)1. 1. The application site shall be secured against entry by nontarget animals, and by persons other than the pesticide applicator.

ATCP 30.10(7)(c)2. 2. The applicator shall apply the pesticide so that the application site is not contaminated. The applicator shall remove all unconsumed pesticide before the application site is reopened for access by other persons or nontarget animals.

ATCP 30.10(7)(c)3. 3. An applicator making an outdoor application shall use a tamper-proof bait box that precludes any hazard to humans or nontarget animals.

ATCP 30.10(7)(c)4. 4. The applicator shall promptly remove all rats and mice killed by the pesticide, to prevent access by humans or other animals. The applicator shall dispose of the carcasses in a landfill licensed by the department of natural resources s. 289.31, Stats.

ATCP 30.10(7)(c)5. 5. The applicator shall keep records of the application for at least 2 years, and shall make those records available to the department for inspection and copying upon request. Records shall include the date and time of application, the site at which the pesticide was used, the form in which the pesticide was used, the method of application, and the site used for carcass disposal.

ATCP 30.10(8) (8) Strychnine permits. No permit under sub. (1) may authorize the purchase or use of strychnine for any but the following purposes:

ATCP 30.10(8)(a) (a) Registered uses below ground.

ATCP 30.10(8)(b) (b) Registered uses to control rats or mice.

ATCP 30.10(9) (9) Sodium fluoroacetate or strychnine sales.

ATCP 30.10(9)(a) (a) No person may sell sodium fluoroacetate (1080) or strychnine to any person who does not have a permit under sub. (1).

ATCP 30.10(9)(b) (b) A person selling sodium fluoroacetate (1080) or strychnine shall keep all of the following records related to each sale:

ATCP 30.10(9)(b)1. 1. All of the records required under s. ATCP 29.15 (8).

ATCP 30.10(9)(b)2. 2. The purchaser’s permit number under sub. (1).

ATCP 30.10(9)(c) (c) A person selling sodium fluoroacetate (1080) or strychnine shall keep the records required under par. (b) for at least 2 years, and shall make those records available to the department for inspection and copying upon request.

ATCP 30.10(9)(d) (d) No person holding a permit under sub. (1) may resell or distribute a pesticide identified under sub. (1) to any person not covered by that permit.

ATCP 30.10 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 14-047: am. (8) (title) Register May 2015 No. 713, eff. 6-1-15.

subch. IV of ch. ATCP 30 Subchapter IV — Pesticides Allowed Only For Certain Purposes

ATCP 30.15 ATCP 30.15 Pesticides allowed only for certain purposes.

ATCP 30.15(1) (1) General. No person may label, sell, purchase, or use any pesticide identified in this section except for a purpose identified in this section. This section does not prohibit any of the following:

ATCP 30.15(1)(a) (a) Use authorized by an emergency permit under s. ATCP 29.70 or an experimental use permit under s. ATCP 29.71.

ATCP 30.15(1)(b) (b) The purchase, sale, or use of a pesticide for bona fide laboratory research, or as a bona fide laboratory standard or educational exhibit.