Wisconsin Legislature: ATCP 30.22(1)(e)

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.

6. The name, address, and telephone number of an individual who will provide further information upon request, including pre-application information under par. (b).

(b) If a resident requests pre-application information under par. (a) 5., the person making the application shall provide the following written information to the requester before making the application:

1. A copy of the pesticide label.

2. Metam sodium and chloropicrin toxicology and poisoning manifestations as described in Recognition and Management of Pesticide Poisonings, United States environmental protection agency, EPA 735-K-13-001, 2013, sixth edition, or in other materials approved by the department.

Note: The department will provide a free copy of the information under subd. 2. to a person making a metam sodium or chloropicrin pesticide application. To obtain a copy, you may contact the department at the following address: Department of Agriculture Trade and Consumer Protection, Division of Agricultural Resource Management, Bureau of Agrichemical Management, P.O. Box 8911 Madison, WI 53708-8911.

3. The date on which the pesticide will be applied. With the prior consent of the requesting resident, the person making the application may give the application date orally, rather than in writing.

(c) An applicator certified according to s. ATCP 29.29 (2) shall be present at the chemigation site at all times during the chemigation application.

(d) No metam sodium pesticide may be applied by chemigation if the air temperature at the application site exceeds 80° Fahrenheit.

(e) No metam sodium pesticide may be applied by chemigation if the soil temperature at the application site exceeds 70° Fahrenheit at a depth of 5 to 6 inches.

(f) No metam sodium pesticide may be applied by chemigation if a local weather forecast indicates that more than 3/4 of an inch of rainfall may occur in the area of the application site within 6 hours following application.

(6) Monitoring and reporting.

(a) Whenever a chloropicrin pesticide or a metam sodium pesticide is applied for agricultural purposes, a certified applicator shall inspect the application site within one hour of sunset on the day of application.

(b) An applicator making an inspection under par. (a) shall do all of the following as part of that inspection:

1. Check the treated area and surrounding areas for volatilized gas odors resulting from the application.

2. Carefully monitor all locations where gases have volatilized.

3. Initiate follow-up action under this subsection, if required.

4. Use proper safety equipment and precautions.

(c) If any person making a chloropicrin pesticide or metam sodium pesticide application has reason to believe that gas volatilization from the application may result in significant pesticide drift under s. ATCP 29.50 (2), that person shall immediately do all of the following:

1. Irrigate the application site with 1/4 inch to 1/2 inch of water if it is possible to do so.

2. Notify the department.

3. Notify Wisconsin emergency management if it appears that a residential structure or public building may be exposed to significant pesticide drift under s. ATCP 29.50 (2). Notice shall include the location of the application site and the affected residential structure or public building.

Note: The telephone number for Wisconsin emergency management is 1-800-943-0003. The telephone number for the department is (608) 224-4500.

(7) Recordkeeping requirements.

(a) A person applying a metam sodium pesticide shall keep all of the following records:

1. Applicable records required under s. ATCP 29.21 or 29.33.

2. The time of each inspection under sub. (6), the results of the inspection, and any actions taken under sub. (6) as a result of the inspection.