Chapter ATCP 29

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:

ATCP 29.20(1)(a) (a) Use or direct the use of any pesticide as an independent contractor for hire.

ATCP 29.20(1)(b) (b) Use or direct the use of a restricted-use pesticide.

ATCP 29.20 Note Note: See s. 94.703, Stats. A sole proprietor licensed under this section may also be required to obtain a license as an individual commercial applicator under s. ATCP 29.25.

ATCP 29.20(2) (2) Exemptions. The following persons are not required to obtain a license under sub. (1):

ATCP 29.20(2)(a) (a) A government entity.

ATCP 29.20(2)(b) (b) An individual, employed by a person licensed under sub. (1), who uses or directs the use of pesticides solely on behalf of that employer and not on the individual’s own behalf.

ATCP 29.20(2)(c) (c) A person applying pesticides as part of a medical treatment provided by a licensed medical practitioner, or as part of a veterinary treatment provided by a licensed veterinary practitioner.

ATCP 29.20(2)(d) (d) A person applying pesticides in the laboratory in the course of bona fide laboratory research.

ATCP 29.20(2)(e) (e) A person applying germicides, sanitizers, or disinfectants.

ATCP 29.20(2)(f) (f) An agricultural producer, except that an agricultural producer who does any of the following is not exempt:

ATCP 29.20(2)(f)1. 1. Uses or directs the use of pesticides for a person who is not an agricultural producer.

ATCP 29.20(2)(f)2. 2. Uses or directs the use of pesticides for another agricultural producer for a purpose other than the production of agricultural commodities, or for the purpose of producing pesticide-treated commercial seed or pesticide-treated commercial wood products.

ATCP 29.20(2)(f)3. 3. For compensation other than the exchange of goods or services, uses or directs the use of pesticides for more than 3 other agricultural producers in any calendar year.

ATCP 29.20(2)(f)4. 4. For compensation other than the exchange of goods or services, uses or directs the use of pesticides applied in any calendar year to a total of more than 500 acres of land which the agricultural producer does not own or control.

ATCP 29.20(3) (3) License expiration. A license under sub. (1) expires on December 31 annually and is not transferable to another person.

ATCP 29.20(4) (4) License application. An applicant for an annual license under sub. (1) shall apply on a form provided by the department. The application shall include all of the following information, together with the fees required under sub. (6):

ATCP 29.20(4)(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 29.20(4)(b) (b) Every other name under which the applicant does business.

ATCP 29.20(4)(c) (c) The mailing address and street address of each business location under sub. (5). If 2 or more license applicants engage in activities under sub. (5) at the same business location, all of those applicants shall identify that business location in their own applications.

ATCP 29.20(4)(d) (d) The complete name and license number of each of the applicant’s employees who are required to be licensed under s. ATCP 29.25.

ATCP 29.20(4)(e) (e) Other information reasonably required by the department for the administration of this section.

ATCP 29.20(5) (5) Business locations. A business location under this section means any of the following:

ATCP 29.20(5)(a) (a) A site from which the person operates on a regular basis as a pesticide applicator for hire, including any site at which the person regularly takes orders for pesticide applications. A motorized vehicle, from which a person takes orders by mobile telephone, is not a site under this paragraph.

ATCP 29.20(5)(b) (b) A site, or a group of sites located within 1/2 mile of each other, at which a person mixes or loads a total of at least 1,500 pounds of pesticide active ingredient, excluding active ingredient applied at or immediately adjacent to the mixing or loading site.

ATCP 29.20(6) (6) Fees. A person required to be licensed under sub. (1) shall pay the following annual license fee and surcharge for each business location under sub. (5) from which that person operates during the license year:

ATCP 29.20(6)(a) (a) A basic annual license fee of $70.

ATCP 29.20(6)(b) (b) An agricultural chemical cleanup surcharge of $20, except as provided in par. (c) or s. 94.73 (15), Stats.

ATCP 29.20(6)(c) (c) If the applicant manufactures or distributes bulk pesticides in this state, an additional agricultural chemical cleanup surcharge of $25, except as provided in s. 94.73 (15), Stats.

ATCP 29.20(7) (7) Action on license application. The department shall grant or deny a license application under sub. (4) within 30 business days after the department receives a complete application.

ATCP 29.20(8) (8) Updated information. A person submitting an annual license application under sub. (4) shall promptly notify the department if any of the following occurs after that person submits that application:

ATCP 29.20(8)(a) (a) The person adds a business location under sub. (5). The person shall pay a license fee and surcharge for that additional location, as provided under sub. (6).

ATCP 29.20(8)(b) (b) There is any other significant change in information provided under sub. (4).

ATCP 29.20 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; am. (6) (b), Register, May, 2000, No. 533, eff. 6-1-00; CR 00-121: am. (6) (b), Register October 2001 No. 550, eff. 11-1-01; CR 08-075: am. (6) (b) Register April 2009 No. 640, eff. 5-1-09; CR 14-047: am. (6) (b) Register May 2015 No. 713, eff. 6-1-15; CR 22-080: r. and recr. (6) (b), cr. (6) (c) Register February 2024 No. 818, eff. 3-1-24.

ATCP 29.21 ATCP 29.21 Commercial application business; records.

ATCP 29.21(1) (1) Record of pesticide applications. A person required to be licensed under s. ATCP 29.20 shall keep a legible record of each pesticide application which that person makes directly or through an employee. The person shall keep the record for at least 2 years, and shall make it available to the department for inspection and copying upon request. The individual making the pesticide application shall complete the required record on the day of the application.

ATCP 29.21 Note Note: Under s. ATCP 30.31 (5), a commercial application business must keep a record of atrazine applications for at least 3 years.

ATCP 29.21(2) (2) Record contents. A pesticide application record under sub. (1) shall include all of the following:

ATCP 29.21(2)(a) (a) The first and last name of each individual making the pesticide application.

ATCP 29.21(2)(b) (b) The name and address of the customer, if any, for whom the pesticide was applied.

ATCP 29.21(2)(c) (c) The crop, commodity, or site to which the pesticide was applied.

ATCP 29.21(2)(d) (d) A specific description of the location of the pesticide application site. The description shall contain sufficient information and detail so that the location of the pesticide application site may be readily determined from the description.

ATCP 29.21(2)(e) (e) The month, day, year, and approximate starting and ending time of the pesticide application.

ATCP 29.21(2)(f) (f) The brand name, or product name, or common chemical name, and the federal environmental protection agency registration number, of each pesticide applied.

ATCP 29.21(2)(g) (g) At least one of the following:

ATCP 29.21(2)(g)1. 1. The concentration and total quantity of each pesticide applied.

ATCP 29.21(2)(g)2. 2. The amount of each pesticide applied per unit area and the total area treated.

ATCP 29.21(2)(h) (h) Each location, other than a business location licensed under s. ATCP 29.20, at which the pesticide was mixed or loaded. Mixing and loading sites need not be identified if the pesticide is applied directly from a prepackaged retail container, or is applied with application equipment having a total capacity of not more than 5 gallons of liquid pesticide or 50 pounds dry pesticide.

ATCP 29.21 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 12-003: am. (2) (d) Register May 2013 No. 689, eff. 6-1-13.

ATCP 29.22 ATCP 29.22 Commercial application business; information to customers. Within 30 days after making a pesticide application for a customer, either directly or through an employee, a person required to be licensed under s. ATCP 29.20 shall provide that customer with all of the information in subs. (1) to (9) in writing. The information may be provided to the customer electronically if the customer consents in writing to such notification prior to the application.

ATCP 29.22 Note Note: Types of electronic communication include, but are not limited to, email and text.

ATCP 29.22(1) (1) A telephone number at which the customer may contact the person.

ATCP 29.22(2) (2) The first name, last name, and license number of each individual who made or directly supervised the pesticide application.

ATCP 29.22(3) (3) The crop, commodity, or site to which the pesticide was applied.

ATCP 29.22(4) (4) A specific description of the location of the pesticide application site. The description shall contain sufficient information and detail so that the location of the pesticide application site may be readily determined from the description.

ATCP 29.22(5) (5) The month, day, year, and approximate starting and ending time of the pesticide application.

ATCP 29.22(6) (6) The brand name or product name or common chemical name, and the federal environmental protection agency registration number of each pesticide applied.

ATCP 29.22 Note Note: Under federal worker protection rules, a commercial application business making a pesticide application for an “agricultural establishment” as defined under s. ATCP 29.60 (3) must also provide that customer with the names of the pesticide active ingredients applied.

ATCP 29.22(7) (7) At least one of the following:

ATCP 29.22(7)(a) (a) The concentration and total quantity of each pesticide applied.

ATCP 29.22(7)(b) (b) The amount of each pesticide applied per unit area and the total area treated.

ATCP 29.22(8) (8) Post-application precautions which the pesticide label requires of the customer. This information shall be provided in time for the customer to take the required precautions.

ATCP 29.22 Note Note: For example, pesticide labels might require customers to observe post-application precautions such as restricted entry intervals, preharvest intervals, grazing intervals, and subsequent planting restrictions.

ATCP 29.22(9) (9) A free copy of the pesticide label, or notice that the customer may request a free copy. The person shall provide a free copy to each customer who requests it.