Chapter ATCP 29

ATCP 29.72   Special local needs registrations.

Ch. ATCP 29 Note Note: Chapter Ag 29 was renumbered ch. ATCP 29 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448. Chapter ATCP 29 as it existed on May 31, 1998 was repealed and a new chapter ATCP 29 was created effective 6-1-98.

Ch. ATCP 29 Note Note: See chapters NR 80 and 107, Wis. Adm. Code for pesticide rules of the department of natural resources. See also chapters NR 660 to 673, Wis. Adm. Code, pertaining to disposal of hazardous wastes.

subch. I of ch. ATCP 29 Subchapter I — Definitions and General Provisions

ATCP 29.01 ATCP 29.01 Definitions. In this chapter:

ATCP 29.01(1) (1) “Agricultural commodity” has the meaning given in s. 94.67 (2), Stats.

ATCP 29.01(2) (2) “Agricultural employer” has the meaning given in s. ATCP 29.60 (1).

ATCP 29.01(3) (3) “Agricultural establishment” has the meaning given in s. ATCP 29.60 (3).

ATCP 29.01(4) (4) “Agricultural pesticide” has the meaning given in s. ATCP 29.60 (4).

ATCP 29.01(5) (5) “Agricultural plant” has the meaning given in s. ATCP 29.60 (5).

ATCP 29.01(6) (6) “Agricultural producer” means a person who produces agricultural commodities on land which that person owns or controls.

ATCP 29.01(7) (7) “Air gap” means the unobstructed vertical distance through the free atmosphere between the following points:

ATCP 29.01(7)(a) (a) The lowest opening from any outlet supplying water to a tank, vat, reservoir, or other pesticide container.

ATCP 29.01(7)(b) (b) The overflow rim of the tank, vat, reservoir, or pesticide container.

ATCP 29.01(8) (8) “Apply a pesticide” means to bring, or attempt to bring, a pesticide into contact with a target organism or site.

ATCP 29.01(8m) (8m) “Bulk pesticide” means liquid pesticide in a container larger than 55 gallons (208 liters) or dry pesticide in undivided quantities greater than 100 pounds (45 kilograms).

ATCP 29.01(9) (9) “Catch basin” means all structures or containers used to provide the containment capacity required to contain or hold liquids at a site where pesticides are transferred from one container to another. “Catch basin” may include spill containment surfaces, sumps, and above-ground storage containers.

ATCP 29.01(10) (10) “Certified applicator” means a pesticide applicator who is certified under s. ATCP 29.26 or 29.27.

ATCP 29.01(11) (11) “Chemigation” has the meaning given in s. ATCP 29.54 (1) (d).

ATCP 29.01(12) (12) “Chemigation system” has the meaning given in s. ATCP 29.54 (1) (e).

ATCP 29.01(13) (13) “Department” means the state of Wisconsin department of agriculture, trade and consumer protection.

ATCP 29.01(14) (14) “Direct the use of a pesticide” means to select or control the use of a pesticide, where the selecting or controlling individual has supervisory authority over the person using the pesticide.

ATCP 29.01(15) (15) “Display pesticides” means to expose, to public view and access, containers of pesticides that are offered for sale to the public.

ATCP 29.01(16) (16) “Distribute a pesticide” means to distribute a pesticide for sale or use in this state.

ATCP 29.01(17) (17) “Dual notice agricultural pesticide” has the meaning given in s. ATCP 29.60 (9).

ATCP 29.01(18) (18) “Environment” has the meaning given in s. 94.67 (12), Stats.

ATCP 29.01(19) (19) “Federal act” means the federal insecticide, fungicide and rodenticide act, as amended (7 USC 136 et seq.) and regulations issued under that act.

ATCP 29.01(20) (20) “Household pesticide” has the meaning given in s. ATCP 29.11 (1) (a).

ATCP 29.01(21) (21) “Individual” means a natural person.

ATCP 29.01(22) (22) “Irrigation” means the application of water to land, crops or plants in order to supply the water needs of plants or to promote plant growth.

ATCP 29.01(23) (23) “Mix or load” a pesticide means to do any of the following:

ATCP 29.01(23)(a) (a) Mix a pesticide with water, other pesticides, fertilizer, or other substances, in preparation for a pesticide application.

ATCP 29.01(23)(b) (b) Transfer a pesticide into pesticide application equipment, or into a mix or nurse tank.

ATCP 29.01(23)(c) (c) Engage in any of the following activities which is incidental to an activity under par. (a) or (b):

ATCP 29.01(23)(c)1. 1. Activities which the pesticide label requires of the mixer or loader.

ATCP 29.01(23)(c)2. 2. Handling an open pesticide container, other than an empty container that has been triple-rinsed or cleaned according to the pesticide label.

ATCP 29.01(23)(c)3. 3. Cleaning or rinsing an open pesticide container.

ATCP 29.01(23)(c)4. 4. Disposing of a pesticide or pesticide rinsate.

ATCP 29.01(24) (24) “Mix or nurse tank” means a tank or container used for any of the following purposes:

ATCP 29.01(24)(a) (a) Mixing pesticides with other pesticides, or with water, fertilizer, or other substances.

ATCP 29.01(24)(b) (b) Temporarily holding a mixture under par. (a) before transferring that mixture to pesticide application equipment.

ATCP 29.01(24m) (24m) “Natural area” means native, undeveloped, or wild land and land that is preserved or restored and managed for its natural or native features, including parks, forests, and native grassland on public and private land.

ATCP 29.01(25) (25) “Ornamental” means a tree, shrub, or other planting grown for its decorative effect in or around a home, building, park, street, or roadway.

ATCP 29.01(25m) (25m) “Perimeter barrier application” means a pesticide application that is made on or within 10 feet of a building or structure to prevent or discourage pests from entering that building or structure.

ATCP 29.01(26) (26) “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 29.01(27) (27) “Pest” means anything declared to be a pest under s. ATCP 29.02 or the federal act.

ATCP 29.01(28) (28) “Pesticide” has the meaning given in s. 94.67 (25), Stats., and includes a pesticide-fertilizer mixture.

ATCP 29.01(29) (29) “Pesticide drift” means pesticide deposited outside a target application site as a result of pesticide movement caused by air currents or diffusion.

ATCP 29.01 Note Note: See s. ATCP 29.50 (2), which prohibits any person from using a pesticide in a manner that results in significant pesticide drift.

ATCP 29.01(30) (30) “Pesticide overspray” means pesticide deposited outside a target application site as a result of an applicator’s failure to control the direct flow or application of pesticide from the application equipment so as to confine it to the target application site.

ATCP 29.01 Note Note: See s. ATCP 29.50 (2), which prohibits any person from using a pesticide in a manner that results in pesticide overspray.

ATCP 29.01(31) (31) “Pesticide product” means a pesticide, all of the containers of which in commerce are labeled with a unique combination of all of the following:

ATCP 29.01(31)(a) (a) The brand name of the pesticide.

ATCP 29.01(31)(b) (b) The pesticide registration number or, if the pesticide product is exempt from registration under 40 CFR 152.25, the labeling required under 40 CFR 152.25.

ATCP 29.01(31)(c) (c) The name of the pesticide labeler.

ATCP 29.01(32) (32) “Protective equipment” means clothing and other materials or devices that protect individuals against unintended exposure to pesticides.

ATCP 29.01(33) (33) “Record” means information in either of the following forms:

ATCP 29.01(33)(a) (a) Paper or other hard-copy form.

ATCP 29.01(33)(b) (b) Electronic form if the information can also be readily produced in hard-copy form.

ATCP 29.01(34) (34) “Registrant” means a person in whose name a pesticide is registered with the federal environmental protection agency under the federal act, or with the department under s. ATCP 29.72.

ATCP 29.01(35) (35) “Restricted entry interval” means the time after the end of a pesticide application during which entry into the treated area is restricted.

ATCP 29.01(36) (36) “Restricted-use pesticide” means a pesticide which, for some or all uses, is classified under the federal act or s. ATCP 29.72 for use only by certified applicators.

ATCP 29.01(37) (37) “Rinsate” means a dilute mixture, consisting of one or more pesticides diluted with water or other substances such as solvents, surfactants, rinsing agents, or detergents, that results from cleaning pesticide application equipment, mix or nurse tanks, pesticide containers, catch basins, or spill containment surfaces.

ATCP 29.01(37m) (37m) “Rodenticide bait station” means a tamper-resistant package, container, or device holding a pesticide used to control rodents.

ATCP 29.01(38) (38) “Sell” means to sell, offer for sale, display for sale, or hold for sale in this state.

ATCP 29.01(39) (39) “Supplemental registrant” means a person in whose name a pesticide is supplementally registered with the federal environmental protection agency under the federal act.

ATCP 29.01(40) (40) “Toxicity” means the tendency or capacity of a pesticide to cause adverse physiological effects.

ATCP 29.01(41) (41) “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 29.01(41)(a) (a) Activities which the pesticide label requires of the mixer, loader, or applicator.

ATCP 29.01(41)(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 29.01(41)(c) (c) Cleaning or rinsing an open pesticide container, pesticide application equipment, or a mix or nurse tank.

ATCP 29.01(41)(d) (d) Disposing of a pesticide or pesticide rinsate.

ATCP 29.01(41)(e) (e) Aerating or ventilating spaces treated with a pesticide.

ATCP 29.01(42) (42) “Water supply tank” means a tank or container that holds or supplies water for a pesticide use, but does not contain any pesticide or pesticide residue.

ATCP 29.01(43) (43) “Waters of the state” means those portions of Lake Michigan and Lake Superior, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, water courses, drainage systems, and other surface or ground water, whether public or private, within the state or its jurisdiction.

ATCP 29.01 Note Note: See additional definitions in s. 94.67, Stats., and ss. ATCP 29.11 (1), 29.54 (1), 29.55 (1), 29.56 (1) 29.60, and 30.01.

ATCP 29.01 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 12-003: cr. (8m), (24m), (25m), (37m) Register May 2013 No. 689, eff. 6-1-13.

ATCP 29.02 ATCP 29.02 Declaration of pests. The following organisms and viruses are declared to be pests when present under circumstances where they may be injurious to persons, property, or the environment:

ATCP 29.02(1) (1) Animals other than humans.

ATCP 29.02(2) (2) Plants, fungi, or their parts growing where not wanted.

ATCP 29.02(3) (3) Microscopic organisms or viruses other than those on or in living animals or humans.

ATCP 29.02 Note Note: See s. 94.69 (1), Stats. A pesticide may be used against a “pest” only if it is registered and labeled for that purpose and used according to label directions. Pesticide use against certain “pests” may be limited by applicable law.

ATCP 29.02 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

subch. II of ch. ATCP 29 Subchapter II — Pesticide Registration and Labeling

ATCP 29.05 ATCP 29.05 Pesticide registration. No person may sell or distribute any pesticide unless that pesticide is one of the following:

ATCP 29.05(1) (1) Registered or permitted by the federal environmental protection agency under the federal act.

ATCP 29.05(2) (2) Specifically exempted from registration under the federal act.

ATCP 29.05(3) (3) Registered by the department under s. ATCP 29.72 to meet a special local need in this state.