Chapter ATCP 29

ATCP 29.56(8) (8) Advance notice to registered individuals.

ATCP 29.56(8)(a) (a) Before making any landscape application, a person required to be licensed under s. ATCP 29.20 shall give at least 12 hours advance notice to every individual who is currently registered to receive notice of that application under sub. (7).

ATCP 29.56 Note Note: An applicator may voluntarily give notice to an individual who is included in a supplementary registry, but is not required to do so unless the individual has registered the same parcel in the primary registry under sub. (7).

ATCP 29.56(8)(b) (b) A person may give advance notice under par. (a) by telephone, or may mail or deliver notice to the requester’s address as listed in the registry. Notice, if given by mail, shall be postmarked at least 2 business days before the person makes the landscape application. A notice shall include all of the following:

ATCP 29.56(8)(b)1. 1. The complete name, business address, and telephone number of the person making the application.

ATCP 29.56 Note Note: The name, address, and telephone number may be those of the business entity making the application.

ATCP 29.56(8)(b)2. 2. The address of the landscape to be treated.

ATCP 29.56(8)(b)3. 3. The scheduled date of application.

ATCP 29.56(8)(b)4. 4. The brand name, product name, or common chemical name of each pesticide that may be applied.

ATCP 29.56(8)(c) (c) If a landscape application date is changed after the person making the application gives notice under par. (a), that person shall give a revised notice to each individual previously notified. The revised notice shall comply with par. (b).

ATCP 29.56(9) (9) Landscape applications to golf courses.

ATCP 29.56(9)(a) (a) Subsection (3) does not apply to a golf course application of a pesticide whose label prescribes no restricted entry interval, provided that a permanent warning sign is conspicuously posted at each of the following locations:

ATCP 29.56(9)(a)1. 1. At or near the place where golfers register to play the course.

ATCP 29.56(9)(a)2. 2. At or near the first tee of every 9 holes.

ATCP 29.56(9)(a)3. 3. At every point on the golf course boundary at which the non-golfing public is permitted to enter the golf course by means of a road, sidewalk, path, or other established thoroughfare.

ATCP 29.56(9)(b) (b) A permanent warning sign under par. (a) shall comply with all of the following requirements:

ATCP 29.56(9)(b)1. 1. It shall be clearly legible at all times.

ATCP 29.56(9)(b)2. 2. It shall be at least 12 inches by 12 inches.

ATCP 29.56(9)(b)3. 3. It shall contain the following statement, in red letters not less than 1/2 inch high on a white background:

“PESTICIDES ARE PERIODICALLY APPLIED TO THIS GOLF COURSE. YOU MAY CONTACT THE GOLF COURSE SUPERINTENDENT FOR FURTHER INFORMATION.”

ATCP 29.56(9)(c) (c) If any person asks a golf course superintendent for information about pesticide applications to a golf course, the superintendent shall notify that person that the following information is available, and shall provide the information in writing upon request:

ATCP 29.56(9)(c)1. 1. A general description of the types and amounts of pesticides commonly applied to the golf course.

ATCP 29.56(9)(c)2. 2. An identification of pesticide applications made to the golf course within the last week prior to the request, including the common chemical or brand names of the pesticides applied and the areas to which those pesticides were applied.

ATCP 29.56(9)(c)3. 3. A copy of the pesticide label related to each pesticide application under subd. 2., if any. The superintendent may require the requester to pay reasonable copying and postage costs before providing the label.

ATCP 29.56(10) (10) Landscape applications to cemeteries.

ATCP 29.56(10)(a) (a) Subsection (3) does not apply to a cemetery application of a pesticide whose label prescribes no restricted entry interval, provided that a permanent warning sign is conspicuously posted at each established entrance to the cemetery.

ATCP 29.56(10)(b) (b) A permanent warning sign under par. (a) shall comply with all of the following requirements:

ATCP 29.56(10)(b)1. 1. It shall be clearly legible at all times.

ATCP 29.56(10)(b)2. 2. It shall be at least 12 inches by 12 inches.

ATCP 29.56(10)(b)3. 3. It shall contain the following statement, in red letters not less than 1/2 inch high on a white background:

“PESTICIDES ARE PERIODICALLY APPLIED TO THIS
CEMETERY. YOU MAY CONTACT THE CEMETERY GROUNDS MANAGER FOR FURTHER INFORMATION.”

ATCP 29.56(10)(c) (c) If any person asks a cemetery grounds manager for information about pesticide applications to a cemetery, the grounds manager shall notify that person that the following information is available, and shall provide the information in writing upon request:

ATCP 29.56(10)(c)1. 1. A general description of the types and amounts of pesticides commonly applied to the cemetery.

ATCP 29.56(10)(c)2. 2. An identification of pesticide applications made to the cemetery within the last week prior to the request, including the common chemical or brand names of the pesticides applied and the areas to which those pesticides were applied.

ATCP 29.56(10)(c)3. 3. A copy of the pesticide label related to any pesticide application under subd. 2. The grounds manager may require the requester to pay reasonable copying and postage costs before providing the label.

ATCP 29.56 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 01-028: am. (1) (e) 4., Register October 2001 No. 550, eff. 11-1-01; CR 01-076: am. (1) (e) 4., Register October 2002 No. 562, eff. 11-1-02; CR 12-003: am. (1) (e) 2., (2) (intro), (7) (c) (intro) Register May 2013 No. 689, eff. 6-1-13; correction in (4) (b) made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689.

ATCP 29.57 ATCP 29.57 Seed applications.

ATCP 29.57(1) (1) Definition. In this section, “pesticide-treated seed” means seed, intended for planting or propagation, that is treated with a pesticide for the purpose of providing post-planting protection to the seed or seedling.

ATCP 29.57(2) (2) Planting pesticide-treated seed. Pesticide-treated seeds shall be incorporated into the soil when planted to prevent access by birds and other animals. This requirement does not apply to seed that is normally planted on the soil surface and poses no significant risk to birds or other animals.

ATCP 29.57(3) (3) Pesticide-treated seed; prohibited uses. No person may do any of the following:

ATCP 29.57(3)(a) (a) Use pesticide-treated seed for food, feed, or oil, or mix it with food, feed, or oil.

ATCP 29.57(3)(b) (b) Expose pesticide-treated seed to access by birds or other animals.

ATCP 29.57(4) (4) Warning signs posted on seed storage bins.

ATCP 29.57(4)(a) (a) A person who stores pesticide-treated seed in bulk shall post a warning sign on every bin or storage area where that seed is stored. This paragraph does not apply to seed, stored on the property of an agricultural producer, that is not intended for sale.

ATCP 29.57(4)(b) (b) A warning sign under par. (a) shall remain posted as long as the pesticide-treated seed remains in storage. The warning sign shall be at least 8 1/2 inches by 11 inches, and shall conspicuously disclose the following statement or its equivalent:

“DANGER. THE SEED IN THIS STORAGE AREA HAS
BEEN TREATED WITH THE PESTICIDE [name of pesticide]
ON [date].”

ATCP 29.57(5) (5) Seed disposal. Pesticide-treated seed shall be disposed of in a manner that does not pose a risk to persons, property, or the environment.

ATCP 29.57 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

ATCP 29.58 ATCP 29.58 Rodenticide bait station.

ATCP 29.58(1) (1) A person licensed under s. ATCP 29.20 or certified under s. ATCP 29.31 (11) who uses a rodenticide bait station shall mark it with the following information:

ATCP 29.58(1)(a) (a) The name of the person responsible for maintaining the rodenticide bait station.

ATCP 29.58(1)(b) (b) The EPA registration number of all the pesticide products that are currently in use within the rodenticide bait station.

ATCP 29.58(2) (2) The information in sub. (1) shall be in English, resistant to deterioration, and remain legible throughout the length of time the rodenticide bait station is serviced.

ATCP 29.58 History History: CR 12-003: cr. Register May 2013 No. 689, eff. 6-1-13.

subch. X of ch. ATCP 29 Subchapter X — Agricultural Worker Protection

ATCP 29.60 ATCP 29.60 Definitions. In this subchapter:

ATCP 29.60(1) (1) “Agricultural employer” means a person who hires or contracts for the services of one or more agricultural workers, or operates an agricultural establishment that uses one or more agricultural workers.

ATCP 29.60(2) (2) “Agricultural emergency” means a sudden onset of conditions, such as flood, fire, frost, hail, high winds, or loss of power, which will result in a substantial economic loss that can only be prevented or mitigated by the early entry of agricultural workers into an area treated with an agricultural pesticide. “Agricultural emergency” does not include conditions which an agricultural employer could have anticipated and controlled, or which are precipitated by an agricultural employer’s mismanagement or negligence.

ATCP 29.60(3) (3) “Agricultural establishment” means any farm, forest, nursery, or greenhouse where agricultural plants are produced.

ATCP 29.60(4) (4) “Agricultural pesticide” means any pesticide used or labeled for use in the production of agricultural plants at an agricultural establishment.

ATCP 29.60(5) (5) “Agricultural plant” means any plant grown or maintained for commercial or research purposes.

ATCP 29.60(6) (6) “Agricultural worker” means an individual who performs activities related to the production of agricultural plants at an agricultural establishment.

ATCP 29.60(7) (7) “Crop advisor” means any individual who assesses pest numbers or damage, pesticide distribution, or the status or requirements of agricultural plants.

ATCP 29.60(8) (8) “Direct the use of a pesticide” has the meaning given in s. ATCP 29.01 (14).

ATCP 29.60(9) (9) “Dual notice agricultural pesticide” means an agricultural pesticide whose label requires agricultural employers to do both of the following:

ATCP 29.60(9)(a) (a) Post application sites with worker protection warning signs.

ATCP 29.60(9)(b) (b) Give workers oral notice of applications.

ATCP 29.60(10) (10) “Early entry” means the entry of agricultural workers into an area treated with an agricultural pesticide, for the purpose of performing hand labor, before the restricted entry interval has expired.

ATCP 29.60(11) (11) “Hand labor” means any agricultural activity, performed by hand or with hand tools, that causes a worker to have substantial contact with surfaces such as plants, plant parts, or soil that may contain pesticide residues. “Hand labor” includes activities such as harvesting, detasseling, thinning, weeding, topping, planting, removing suckers, pruning, debudding, roguing, and packing produce into containers in the field. “Hand labor” does not include operating, moving or repairing irrigation, watering or frost protection equipment; acting as a crop advisor; or performing similar activities which do not entail substantial contact with surfaces that may contain pesticide residues.

ATCP 29.60(12) (12) “Handler” means an individual who does any of the following:

ATCP 29.60(12)(a) (a) Mixes or loads an agricultural pesticide.

ATCP 29.60(12)(b) (b) Uses an agricultural pesticide.

ATCP 29.60(12)(c) (c) Acts as a flagger to mark the pesticide application pathway during an agricultural pesticide application.

ATCP 29.60(12)(d) (d) Cleans, adjusts, handles, or repairs those parts of pesticide mixing, loading, or application equipment that may contain agricultural pesticide residues.

ATCP 29.60(12)(e) (e) Assists with the application of agricultural pesticides in any manner which could expose that person to pesticides.

ATCP 29.60(12)(f) (f) Enters a greenhouse or other enclosed area during or after an agricultural pesticide application, and before the inhalation exposure level specified on the pesticide label and the ventilation criteria specified by 40 CFR 170.110(c) (3) or the pesticide label have been met, in order to operate ventilation equipment, adjust or remove covers used in fumigation, or monitor air quality.

ATCP 29.60(12)(g) (g) Enters an outdoor area treated with a soil fumigant in order to adjust or remove soil coverings such as tarpaulins.

ATCP 29.60(12)(h) (h) Performs tasks as a crop advisor at an agricultural pesticide application site during or after a pesticide application, and before any of the following have occurred:

ATCP 29.60(12)(h)1. 1. The inhalation exposure level specified on the pesticide label is met.

ATCP 29.60(12)(h)2. 2. The ventilation criteria specified by 40 CFR 170.110(c)(3) or the pesticide label are met.

ATCP 29.60(12)(h)3. 3. The restricted entry interval specified on the pesticide label has expired.

ATCP 29.60(13) (13) “Mix or load” a pesticide has the meaning given in s. ATCP 29.01 (23).

ATCP 29.60(14) (14) “Restricted entry interval” has the meaning given in s. ATCP 29.01 (35).

ATCP 29.60(15) (15) “Substantial economic loss” means a loss in profitability which is greater than that which could occur as a result of normal annual fluctuations in crop yield or quality.

ATCP 29.60(16) (16) “Use” a pesticide has the meaning given in s. ATCP 29.01 (41).

ATCP 29.60 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; corrections in (14) and (16) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1999, No. 519.

ATCP 29.61 ATCP 29.61 Worker protection; general. The following persons shall comply with federal worker protection standards under 40 CFR 170:

ATCP 29.61(1) (1) An agricultural employer.

ATCP 29.61(2) (2) A person who employs one or more handlers.