Chapter ATCP 29

ATCP 29.11(1)(a)5. 5. A pesticide that is used exclusively for the treatment of household pets.

ATCP 29.11(1)(a)6. 6. A pesticide product that is labeled exclusively for household, lawn, or garden use if the product either is sold in ready-to-use form or is sold exclusively in container sizes of less than one gallon.

ATCP 29.11(1)(a)7. 7. A solid or liquid pesticide product that is used exclusively for the treatment of swimming pools, spas, or hot tubs.

ATCP 29.11(1)(b) (b) “Industrial pesticide” means a pesticide that is not a household pesticide and that is one of the following:

ATCP 29.11(1)(b)1. 1. Solely labeled for use on wood and contains pentachlorophenol, coal tar creosote, or inorganic arsenical wood preservatives.

ATCP 29.11(1)(b)2. 2. Labeled for use in controlling algae, fungi, bacteria, microscopic organisms, or mollusks in or on one or more of the following, and for no other use except a use described in par. (a) 6. or 7.:

ATCP 29.11(1)(b)2.a. a. Textiles, paper, leather, plastic, vinyl, or other synthetic materials, metal or rubber.

ATCP 29.11(1)(b)2.b. b. Paints, varnishes, other coating products, lubricants, or fuels.

ATCP 29.11(1)(b)2.c. c. Commercial, construction, manufacturing, or industrial fluids, including adhesives, additives or pigments.

ATCP 29.11(1)(b)2.d. d. Commercial, construction, manufacturing or industrial processes, equipment, devices, or containers, other than those used in the production or storage of human food or animal feed.

ATCP 29.11(1)(b)2.e. e. Air washing, cooling, or heat transfer systems.

ATCP 29.11(1)(b)2.f. f. Medical equipment.

ATCP 29.11(1)(b)2.g. g. Drinking water or waste water systems.

ATCP 29.11(1)(c) (c) “Nonhousehold pesticide” means a pesticide that is not a household pesticide or an industrial pesticide.

ATCP 29.11(1)(e) (e) “Primary producer” means a person who manufactures an active ingredient that is used to manufacture or produce a pesticide.

ATCP 29.11(2) (2) Annual license fee. An applicant for a license under s. ATCP 29.10 shall pay an annual license fee for each pesticide product that the applicant sells or distributes for use in this state during the license year. Except as provided in subs. (5) to (7), the fee for each pesticide product is $500.

ATCP 29.11(3) (3) Nonhousehold pesticides; cleanup surcharge. An applicant for a license under s. ATCP 29.10 shall pay an agricultural chemical cleanup surcharge for each nonhousehold pesticide product that the applicant sells or distributes. Except as provided in sub. (6) or (7), the amount of the surcharge is $30.

ATCP 29.11(4) (4) Primary producers; well compensation fee. Except as provided under sub. (7), a primary producer applying for a license under s. ATCP 29.10 shall pay a well compensation fee of $150.

ATCP 29.11(5) (5) Unreported pesticide; increased license fee. If a person sells or distributes a pesticide product without having filed a report for that product under s. ATCP 29.10 (3) (c) or (4), the license fee for that product is twice the amount determined under sub. (2), except that if the pesticide product is exempt from federal registration under 40 CFR 152.25, the license fee for that product is $250.

ATCP 29.11(6) (6) Discontinued pesticide; final license fee and cleanup surcharge. A person who stops selling or distributing a pesticide product for use in this state shall do all of the following:

ATCP 29.11(6)(a) (a) Notify the department by December 31 of the year in which the person stops selling or distributing the pesticide product.

ATCP 29.11(6)(c) (c) By December 31 of the year in which the person stopped selling the pesticide product for use in this state, pay a final license fee of $500 for the pesticide product.

ATCP 29.11(6)(d) (d) If the product is a nonhousehold pesticide, pay a final agricultural chemical cleanup surcharge of $30.

ATCP 29.11(7) (7) Exempt Pesticide products. Subsections (2) to (4) do not apply to pesticides that are exempt from federal registration under 40 CFR 152.25.

ATCP 29.11(8) (8) Fees and surcharges nonrefundable.

ATCP 29.11(8)(a) (a) Except as provided in par. (b), the department may not refund a fee or surcharge under this section after the department issues a license under s. ATCP 29.10 to the person who paid the fee or surcharge, unless the fee or surcharge was not properly collected or charged.

ATCP 29.11(8)(b) (b) Paragraph (a) does not prohibit a reimbursement under s. 94.681 (3s) (b) 2., Stats., other than a reimbursement of amounts deposited to the environmental fund under s. 94.681 (7), Stats., provided that the reimbursement under s. 94.681 (3s) (b) 2., Stats., is made in the form of a credit against amounts owed under this section in the next license year.

ATCP 29.11 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; am. (3) (intro.), Register, May, 2000, No. 533, eff. 6-1-00; CR 01-021: am. (3) (intro.) and (c), Register October 2001 No. 550, eff. 11-1-01; CR 08-075: am. (3), r. and recr. (8) Register April 2009 No. 640, eff. 5-1-09; correction in (8) (b) made under s. 13.92 (4) (b) 7., Stats., Register April 2009 No. 640; CR 12-003: am. (2) (a) 1. to 3., (b) 1. to 3., (c) 1. to 3. Register May 2013 No. 689, eff. 6-1-13; CR 14-047: am. (3) (a) to (c) Register May 2015 No. 713, eff. 6-1-15; CR 22-080: r. (1) (d), renum. (2) (intro.) to (2) and am., r. (2) (a) to (c), renum. (3) (intro.) to (3) and am., r. (3) (a) to (c), (3m), am. (5), r. (6) (b), am. (6) (c), (d) Register February 2024 No. 818, eff. 3-1-24.

ATCP 29.12 ATCP 29.12 Pesticide manufacturers and labelers; records and reports.

ATCP 29.12(1) (1) Records. A person required to be licensed under s. ATCP 29.10 shall legibly record all of the following information and keep each record for at least 2 years:

ATCP 29.12(1)(a) (a) The names and addresses of persons from whom that person receives pesticides, and the amounts and kinds of pesticides received.

ATCP 29.12(1)(b) (b) The names and addresses of persons to whom that person sells or distributes pesticides, and the amounts and kinds of pesticides sold or distributed to each of them.

ATCP 29.12(1)(c) (c) Gross revenue information required under s. ATCP 29.10 (3) (c) and (4).

ATCP 29.12(2) (2) Reports. A person required to be licensed under s. ATCP 29.10 shall provide to the department, upon request, information which is relevant to the regulation of pesticides in this state, including:

ATCP 29.12(2)(a) (a) Relevant information under sub. (1).

ATCP 29.12(2)(b) (b) Pesticide labeling.

ATCP 29.12(2)(c) (c) Relevant information related to pesticide products, formulation materials, and breakdown products, including:

ATCP 29.12(2)(c)1. 1. Their chemical identity and properties.

ATCP 29.12(2)(c)2. 2. Analytical methods which may be used to detect and quantify their presence in groundwater or other media.

ATCP 29.12(2)(c)3. 3. Information related to their toxicology and environmental fate.

ATCP 29.12(2)(c)4. 4. Summaries of all pertinent data, in that person’s possession, related to their interactive toxicological effects.

ATCP 29.12 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

subch. IV of ch. ATCP 29 Subchapter IV — Pesticide Dealers and Distributors

ATCP 29.15 ATCP 29.15 Dealers and distributors of restricted use pesticides.

ATCP 29.15(1) (1) License required. Except as provided under sub. (2), no person may sell or distribute any restricted-use pesticide unless that person holds an annual license issued by the department under this section. A license expires on December 31 of each year and is not transferable to another person.

ATCP 29.15 Note Note: See s. 94.685, Stats.

ATCP 29.15(2) (2) Exemptions. Subsection (1) does not apply to any of the following:

ATCP 29.15(2)(a) (a) An individual, employed by a license holder under sub. (1), who sells or distributes restricted-use pesticides solely on behalf of the license holder and not on the individual’s own behalf.

ATCP 29.15(2)(b) (b) A person licensed under s. ATCP 29.10 whose name appears on the pesticide label.

ATCP 29.15(2)(c) (c) A pesticide supplemental registrant who is identified on the pesticide label according to s. ATCP 29.10 (2) (c).

ATCP 29.15(2)(d) (d) A person who applies all of the restricted-use pesticide which that person sells or distributes.

ATCP 29.15 Note Note: See s. ATCP 29.20.

ATCP 29.15(3) (3) License application. A person applying for a license under sub. (1) shall apply on a form provided by the department. The application shall include all of the following:

ATCP 29.15(3)(a) (a) The applicant’s correct name, mailing address, and street address. The application shall specify whether the applicant is an individual, corporation, or other business entity.

ATCP 29.15(3)(b) (b) Every other name under which the applicant does business.

ATCP 29.15(3)(c) (c) The mailing address and street address of each location from which the applicant sells or intends to sell any restricted-use pesticide. This includes any location at which the applicant regularly takes pesticide orders, but does not include a motorized vehicle from which the applicant takes orders by mobile telephone.

ATCP 29.15(3)(d) (d) The license fees and surcharges required under sub. (4).

ATCP 29.15(3)(e) (e) Other information reasonably required by the department for the administration of this section.

ATCP 29.15(4) (4) License and Surcharges. A person applying for a license under sub. (1) shall pay the following annual license fee and surcharge for each business location under sub. (3) (c), including any new location opened during the license year:

ATCP 29.15(4)(a) (a) A license fee of $60.

ATCP 29.15(4)(b) (b) An agricultural chemical cleanup surcharge of $20, except as provided in s. 94.73 (15), Stats.

ATCP 29.15(5) (5) Additional locations. Before a person licensed under sub. (1) sells a restricted-use pesticide from any additional location not identified in that person’s most recent annual license application under sub. (3) (c), that person shall do both of the following:

ATCP 29.15(5)(a) (a) Provide the department with the mailing address and street address of that additional location.

ATCP 29.15(5)(b) (b) Pay the fee and surcharge required under sub. (4) for that additional location.

ATCP 29.15(6) (6) Action on license application. The department shall grant or deny a license application under sub. (3) within 30 business days after the applicant files a complete application with the department.

ATCP 29.15(7) (7) Sales of restricted-use pesticides. A person required to be licensed under sub. (1) may sell or distribute a restricted-use pesticide only to one of the following:

ATCP 29.15(7)(a) (a) A pesticide dealer or distributor licensed under sub. (1), or equivalent laws of another state, to sell or distribute restricted-use pesticides.

ATCP 29.15(7)(b) (b) A commercial application business licensed under s. ATCP 29.20, or equivalent laws of another state, to use or direct the use of restricted-use pesticides.

ATCP 29.15(7)(c) (c) An individual commercial applicator licensed and certified under ss. ATCP 29.25 and 29.26, or certified under equivalent laws of another state, to use or direct the use of that pesticide.

ATCP 29.15(7)(d) (d) A private applicator certified under s. ATCP 29.27, or equivalent laws of another state, to use or direct the use of that pesticide.

ATCP 29.15(8) (8) Restricted-use pesticides; sales records. A person required to be licensed under sub. (1) shall keep legible records of all restricted-use pesticides which that person sells or distributes in this state. The person shall retain the records for at least 2 years, and shall make them available to the department for inspection and copying upon request. The person shall keep all of the following records related to each sale or distribution of a restricted-use pesticide:

ATCP 29.15(8)(a) (a) The pesticide brand name.

ATCP 29.15(8)(b) (b) The identity of the pesticide manufacturer or labeler.

ATCP 29.15(8)(c) (c) The pesticide registration number assigned by the federal environmental protection agency.

ATCP 29.15(8)(d) (d) The amount of the pesticide sold or distributed.

ATCP 29.15(8)(e) (e) The date of the sale or distribution.

ATCP 29.15(8)(f) (f) The first name, last name, and address of the purchaser or intended recipient and the commercial application business license number, restricted use dealer license number, and applicator license and certification number, if any, of the purchaser or intended recipient.

ATCP 29.15(8)(g) (g) The first name, last name, and address of the person to whom the seller delivered custody of the pesticide, if other than the purchaser or intended recipient.

ATCP 29.15(9) (9) Annual report. Not later than October 30 of each year, a person required to be licensed under sub. (1) shall report each of the following to the department on a report form provided by the department:

ATCP 29.15(9)(a) (a) The name and address of each person from whom that person received any pesticide during the preceding 12-month period ending September 30.

ATCP 29.15(9)(b) (b) The amount of each pesticide which that person sold to end users for use in Wisconsin during the preceding 12-month period ending September 30.

ATCP 29.15 Note Note: Reports under sub. (9) must include all pesticides, not just restricted-use pesticides. Report forms may be obtained from the department at the following address: Department of Agriculture, Trade and Consumer Protection; Division of Agricultural Resource Management; P.O. Box 8911, Madison, WI 53708-8911.

ATCP 29.15 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; am. (4) (b), Register, May, 2000, No. 533, eff. 6-1-00; CR 01-021: am. (4) (b), Register October 2001 No. 550, eff. 11-1-01; CR 08-075: am. (4) (b) Register April 2009 No. 640, eff. 5-1-09; CR 12-003: am. (4) (b), (8) (f), (g) Register May 2013 No. 689, eff. 6-1-13; CR 14-047: am. (4) (b) Register May 2015 No. 713, eff. 6-1-15; CR 22-080: am. (4) (b) Register February 2024 No. 818, eff. 3-1-24.

ATCP 29.16 ATCP 29.16 Pesticide sales records. A person who sells or distributes pesticides shall record the amounts and brand names of pesticides which that person sells or distributes. The person shall retain the records for at least 2 years, and shall make them available to the department for inspection and copying upon request. Individual employees who sell or distribute pesticides only on behalf of their employer, and not on their own behalf, need not keep personal copies of records which their employer keeps under this section.

ATCP 29.16 Note Note: Section ATCP 29.16 applies to persons who sell or distribute pesticides of any kind, not just those who sell or distribute restricted-use pesticides. Records must show the amounts and brand names of all pesticides sold, not just restricted-use pesticides sold.

ATCP 29.16 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

subch. V of ch. ATCP 29 Subchapter V — Commercial Application Businesses

ATCP 29.20 ATCP 29.20 Commercial application business; license.

ATCP 29.20(1) (1) License required. Except as provided under sub. (2), no person may do any of the following, either directly or through an employee, without an annual license from the department: