Wisconsin Legislature: ATCP 29.20(6)(b)

Subchapter V — Commercial Application Businesses

ATCP 29.20 Commercial application business; license.

(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:

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

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

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.

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

(a) A government entity.

(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.

(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.

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

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

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

1. Uses or directs the use of pesticides for a person who is not an agricultural producer.

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.

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.

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.

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

(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):

(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.

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

(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.

(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.

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

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

(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.

(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.

(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:

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

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

(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.

(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.

(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:

(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).

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

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 Commercial application business; records.

(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.

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

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

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

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

(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.

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

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

(g) At least one of the following:

1. The concentration and total quantity of each pesticide applied.

2. The amount of each pesticide applied per unit area and the total area treated.

(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.

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 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.

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

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

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

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

(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.

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

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

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.

(7) At least one of the following:

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

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

(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.

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.

(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.

Note: Applicators making certain types of pesticide applications must comply with additional notification requirements under subchs. IX and X. This section does not limit the applicator’s responsibility under those subchapters. Under s. ATCP 29.55, businesses applying pesticides to residential structures must provide information to residents at the time of application. Under s. ATCP 29.56, a commercial application business making a landscape application for a customer must provide that customer with information at the time of application.

History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 12-003: am. (intro), (4) Register May 2013 No. 689, eff. 6-1-13.

Subchapter VI — Individuals Handling Or Applying Pesticides

ATCP 29.25 Individual commercial applicator; license.

(1) License required. Except as provided under sub. (2), no individual may do any of the following without an annual license from the department:

(a) Use or direct the use of any pesticide as an independent contractor for hire, or as an employee of an independent contractor for hire.

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

Note: See s. 94.704, Stats. A license under this section entitles the license holder to engage only in those activities for which the license holder is also certified for competency under s. ATCP 29.26. An individual who is the sole proprietor of a pesticide application business must be licensed under s. ATCP 29.20 and this section.

(2) Exemptions. No license is required under sub. (1) for any of the following:

(a) A health practitioner who uses or directs the use of a pesticide as part of a medical treatment which that practitioner is licensed to provide in this state.

(b) A veterinarian who uses or directs the use of a pesticide as part of a veterinary treatment which that veterinarian is licensed to provide in this state.

(c) A veterinary technician who uses a pesticide as part of a veterinary treatment which that technician is certified to provide under ch. 89, Stats.

(d) A laboratory researcher who uses or directs the use of pesticides only in the laboratory as part of a bona fide laboratory research project.

(e) An individual who only uses or directs the use of germicides, sanitizers, or disinfectants.

(f) An employee of a pesticide application business licensed under s. ATCP 29.20 who applies pesticides only to property owned or controlled by that pesticide application business, and who applies no restricted-use pesticides.

(g) An individual who is currently registered as a trainee under s. ATCP 29.32.

Note: A trainee registration under s. ATCP 29.32 expires 30 days after the trainee’s employer files the registration with the department.

(h) An agricultural producer, except that an agricultural producer who does any of the following is not exempt:

1. Uses or directs the use of pesticides for a person who is not an agricultural producer.

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.

(3) License conditions.