Wisconsin Legislature: ATCP 30.15(3)

1. The application site shall be secured against entry by nontarget animals, and by persons other than the pesticide applicator.

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.

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

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.

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.

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

(a) Registered uses below ground.

(b) Registered uses to control rats or mice.

(9) Sodium fluoroacetate or strychnine sales.

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

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

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

2. The purchaser’s permit number under sub. (1).

(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.

(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.

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.

Subchapter IV — Pesticides Allowed Only For Certain Purposes

ATCP 30.15 Pesticides allowed only for certain purposes.

(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:

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

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

Note: A pesticide must be registered and labeled according to ch. ATCP 29, and used according to label directions. This section does not authorize any person to use a pesticide for any purpose for which that pesticide is not registered and labeled.

(2) Chromium.

(a) Pesticides containing chromium may be used to pressure treat lumber against wood-damaging pests such as termites and decay-producing fungi.

(b) Potassium dichromate may be used to preserve composite milk samples for testing. Milk samples treated with potassium dichromate may not be sold or distributed for consumption by humans or other animals. The following information shall appear on milk containers containing potassium dichromate, or on the shipping container in which they are shipped:

1. The statement “NOT FOR SALE OR CONSUMPTION — CONTAINS POTASSIUM DICHROMATE.”

2. The signal words “DANGER-POISON.”

3. A skull and crossbones, or other readily recognizable poison prevention symbol.

Note: Milk samples treated with potassium dichromate are classified as hazardous waste under chs. NR 660 to 670. Disposal must comply with those chapters.

(3) Lindane.

(a) Lindane (gamma isomer of benzene hexachloride) may be used only according to the label for the following purposes:

1. Treating animals, other than dairy or lactating animals, for mange and lice.

2. Treating sheep for fleeceworms.

3. Spot treating animals, other than dairy or lactating animals, to protect flesh and flesh wounds against insect infestation.

4. Treating seeds.

5. Treating yard and non-commercial garden ornamentals.

6. Treating Christmas trees in tree plantations to control pine root collar weevil, pales weevil, and pine root tip weevil.

7. Treating white pine Christmas trees and spruce Christmas trees in tree plantations to control white pine weevil.

(4) Mercury. Mercury may be used only to control winter turf disease on golf tees and greens.

(5) Daminozide. Daminozide may be used only to treat ornamental plants that are not used for food production.

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

Subchapter V — Pesticides Used To Control Bats

ATCP 30.19 Pesticides used to control bats.

(1) Prohibition. No person may sell, distribute, or use any pesticide, other than naphthalene, for the purpose of killing, injuring, repelling, or affecting the behavior of bats unless that person has an emergency use permit from the department under sub. (2).

(2) Emergency use permit. The department may issue a permit, under s. 94.708 (4), Stats., authorizing the emergency use of a pesticide other than naphthalene on a bat colony if a rabies outbreak or other condition in that bat colony threatens the health or welfare of any person. The department shall issue the emergency use permits according to the procedure specified under s. ATCP 29.70. The department may not issue a permit based solely on a finding of a single rabid bat.

Note: See s. 94.708, Stats., which also restricts the advertising and promotion of pesticides to control bats.

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

Subchapter VI — Chloropicrin and Metam Sodium Pesticides

ATCP 30.22 Metam sodium and chloropicrin pesticides; use restrictions.

(1) Definitions. In this section:

(a) “Chemigation” has the meaning given in s. ATCP 29.54 (1) (d).

(am) “Chloropicrin pesticide” means any soil fumigant or other pesticide containing chloropicrin.

(b) “Metam sodium” means Sodium N-Methyldithiocarbamate, also referred to as metham sodium.

(d) “Public building” has the meaning given under s. 101.01 (12), Stats., but does not include a residential structure.

(e) “Residential structure” means a structure which is used wholly or in part as a human residence, and includes all lawns, grounds, facilities, and furnishings pertaining to that structure. “Residential structure” includes all of the following:

1. A residential structure occupied on a rental basis.

2. A mobile home and the site on which it is located.

3. A hotel, motel, or similar premises occupied on a transient basis.

4. A hospital, nursing home, or similar facility occupied by persons receiving medical care or related services.

5. A prison, jail, or other place of detention.

(f) “Tarped application” means an application to a site that is required to be covered with a tarp or other impermeable barrier, as provided in sub. (4).

(g) “Untarped application” means an application other than a tarped application.

(2) Applicator certification.

(a) No individual may apply a metam sodium pesticide unless that individual is one of the following:

1. Licensed and certified as a commercial applicator under ss. ATCP 29.25 and 29.26. The individual shall be certified as a commercial applicator in the appropriate use category or categories under s. ATCP 29.31.

2. Certified to make that application as a private applicator under s. ATCP 29.27.

(b) No individual may apply a metam sodium pesticide by means of chemigation unless that individual is certified under s. ATCP 29.29 (2).

(c) No individual may apply a metam sodium pesticide by means of soil fumigation unless that individual is certified under s. ATCP 29.29 (3) or (4).

(3) Agricultural application sites.

(a) Tarped applications. No person may make a tarped application of a chloropicrin pesticide or a metam sodium pesticide for any agricultural purpose within 1/8 mile of any of the following:

1. A hospital, nursing home, jail, or prison.

2. A school that will be in session during the application or within 48 hours after the application is completed.

3. A licensed daycare facility that will be in session during the application or within 48 hours after the application is complete. This subdivision does not apply to an application to a plant nursery that was in existence prior to the date the daycare was first licensed if the plant nursery operator provides notice of the application to the daycare operator at least 24 hours in advance of the application and at a time when the daycare is in session.

Note: A listing of licensed daycares in each county can be found at https://dcf.wisconsin.gov/cclicensing/lcc-directories.

(b) Untarped applications. Except as provided in par. (a) 3., no person may make an untarped application of a chloropicrin pesticide or metam sodium pesticide for any agricultural purpose within 1/4 mile of any structure identified in par. (a).

(4) Agricultural application methods.

(a) A person who applies a chloropicrin pesticide or a metam sodium pesticide for an agricultural purpose shall cover the application site with a tarp or other impermeable barrier, as prescribed by the pesticide label, immediately after that person applies the pesticide to the soil surface or incorporates it into the soil by discing or tilling.

(b) Paragraph (a) does not apply to any of the following:

1. An application in which the pesticide is injected beneath the soil surface.

2. A chemigation application complying with sub. (5).

(c) No person may apply a metam sodium pesticide for any agricultural purpose by means of knife rig injection when the soil temperature is greater than 75° Fahrenheit measured at a depth of 5 to 6 inches.

(5) Chemigation. A chemigation application of a chloropicrin pesticide or a metam sodium pesticide shall comply with s. ATCP 29.54 and all of the following:

(a) The person making the application shall provide 72 hours advance written notice of the application to the county public health agency and to every individual or household residing within 1/4 mile of the chemigation application site. If an individual or household resides in a residential structure other than a one-family or two-family dwelling, written notice to the manager of the residential structure constitutes notice to that individual or household under this paragraph. Notice under this paragraph shall include all of the following:

1. The location of the application site.

2. The earliest possible date and time when application will begin.

3. The brand name of the chloropicrin pesticide or metam sodium pesticide that will be applied.

4. Notice that eye irritation is an early symptom of chloropicrin or metam sodium exposure, and that eye irritation may be alleviated by leaving the affected area.

5. Notice that a resident may obtain the pre-application information under par. (b) if that resident requests the information at least 24 hours before the application is scheduled to occur.