Chapter ATCP 29

ATCP 29.26(10) (10) Applicators certified in other states.

ATCP 29.26(10)(a) (a) The department may certify an individual commercial applicator without examination if the individual is currently certified as a commercial applicator in another state and if all of the following apply:

ATCP 29.26(10)(a)1. 1. The department determines that the other state has equivalent certification standards.

ATCP 29.26(10)(a)2. 2. The other state has certified the individual, in the same or equivalent pesticide use categories, based on a written closed-book examination passed within the last 5 years.

ATCP 29.26(10)(a)3. 3. The other state has never suspended or revoked its certification of that individual.

ATCP 29.26(10)(a)4. 4. The individual provides proof of certification by the other state and pays a certification fee of $75.

ATCP 29.26(10)(b) (b) Certification under par. (a) expires on December 31 of the year in which it is issued.

ATCP 29.26 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

ATCP 29.27 ATCP 29.27 Private applicator certification.

ATCP 29.27(1) (1) Certification required. No individual may use or direct the use of a restricted-use pesticide as an agricultural producer unless one of the following applies:

ATCP 29.27(1)(a) (a) The individual is certified as a private applicator under this section.

ATCP 29.27(1)(b) (b) The individual is certified as a commercial applicator under s. ATCP 29.26 in the appropriate certification category or categories, and is not engaged in any activity for which a commercial applicator license is required under s. ATCP 29.25.

ATCP 29.27(1)(c) (c) The individual is licensed as a commercial applicator under s. ATCP 29.25 and certified under s. ATCP 29.26 in the appropriate certification category or categories.

ATCP 29.27(1)(d) (d) The individual is all of the following:

ATCP 29.27(1)(d)1. 1. Certified as a pesticide mixer and loader under s. ATCP 29.28.

ATCP 29.27(1)(d)2. 2. Engaged only in mixing and loading pesticides for application by others.

ATCP 29.27(1)(d)3. 3. Licensed under s. ATCP 29.25 if engaged in any activity for which a license is required.

ATCP 29.27(2) (2) Scope of private applicator certification. The department may certify an individual agricultural producer to use or direct the use of restricted-use pesticides as a private applicator. Private applicator certification does not authorize an agricultural producer to engage in activities for which a commercial applicator license is required under s. ATCP 29.25.

ATCP 29.27(3) (3) Length of certification. A private applicator certification is valid for 5 years unless the department suspends or revokes the certification. The department may renew a private applicator certification for another 5 years if the private applicator again satisfies the requirements for certification.

ATCP 29.27(4) (4) Special application methods; supplementary certification. No private applicator may use aircraft, chemigation, or fumigation to apply restricted-use pesticides unless that private applicator is also certified under s. ATCP 29.29 to apply pesticides by that method.

ATCP 29.27 Note Note: See certification requirements under s. ATCP 30.22 (2) for applicators using metam sodium.

ATCP 29.27(5) (5) Certification card.

ATCP 29.27(5)(a) (a) Within 30 business days after an individual agricultural producer satisfies the requirements for certification as a private applicator, the department shall issue a private applicator certification card to that individual. The card shall include all of the following:

ATCP 29.27(5)(a)1. 1. The individual’s name and certification number.

ATCP 29.27(5)(a)2. 2. A statement that the individual is certified as a private applicator.

ATCP 29.27(5)(a)3. 3. A statement indicating that the individual is certified under s. ATCP 29.29 to apply restricted-use pesticides as a private applicator by means of aerial application, chemigation, or fumigation, if that is the case.

ATCP 29.27(5)(a)4. 4. The expiration date of the certification.

ATCP 29.27(5)(b) (b) A private applicator shall carry a current certification card when engaged in any activity for which certification is required under this section.

ATCP 29.27(5)(c) (c) The department may, upon request, replace a certification card that is lost, stolen, damaged, or destroyed. The card holder shall pay the replacement cost.

ATCP 29.27(6) (6) Certification standards. To be certified as a private applicator, an individual agricultural producer shall demonstrate practical knowledge and competency related to the general areas identified under s. ATCP 29.30.

ATCP 29.27(7) (7) Certification procedure. To be certified as a private applicator, an individual agricultural producer shall do one of the following:

ATCP 29.27(7)(a) (a) Attend a training program provided by the University of Wisconsin-Extension, and score at least 50 percent on an open-book examination administered by the training provider. An individual who fails the open-book examination may be retested.

ATCP 29.27(7)(b) (b) Complete self-study training using materials provided by the University of Wisconsin-Extension, and score at least 70 percent on an open-book examination administered by the department or its designee. An individual who fails the open-book examination may be retested.

ATCP 29.27(8) (8) Applying for certification. An individual agricultural producer may contact the University of Wisconsin-Extension agent, in the county where the producer resides, to arrange for training and evaluation under sub. (7).

ATCP 29.27 Note Note: The University of Wisconsin-Extension may charge a fee to cover the cost of training.

ATCP 29.27(9) (9) Private applicators certified in other states. An individual agricultural producer who is currently certified as a private applicator in another state is automatically deemed to be certified as a private applicator in this state. The certification card issued by the other state serves as a certification card under sub. (5), so that the producer need not obtain a certification card from the department.

ATCP 29.27 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

ATCP 29.28 ATCP 29.28 Pesticide mixers and loaders; certification.

ATCP 29.28(1) (1) Scope of certification. The department may certify an individual to mix or load pesticides for application by others. An individual certified under this section may mix and load pesticides for application by others in all of the categories under s. ATCP 29.31, but may not do any of the following:

ATCP 29.28(1)(a) (a) Apply pesticides in any category under s. ATCP 29.31.

ATCP 29.28(1)(b) (b) Engage in any activity for which a license is required under s. ATCP 29.25 unless that individual holds a license under s. ATCP 29.25.

ATCP 29.28(2) (2) Length of certification. A pesticide mixer and loader certification is valid for 5 years unless the department suspends or revokes the certification. The department may renew an individual’s certification for another 5 years if, before the individual’s certification expires, the individual again satisfies the requirements for certification.

ATCP 29.28(3) (3) Certification card.

ATCP 29.28(3)(a) (a) Within 30 business days after an individual satisfies the requirements for certification under this section, the department shall issue a certification card to that individual. The card shall include all of the following:

ATCP 29.28(3)(a)1. 1. The individual’s name and certification number.

ATCP 29.28(3)(a)2. 2. A statement indicating that the individual is certified as a pesticide mixer and loader.

ATCP 29.28(3)(a)3. 3. The expiration date of the certification.

ATCP 29.28(3)(b) (b) A pesticide mixer and loader shall carry a current certification card when engaged in any activity for which certification is required.

ATCP 29.28(3)(c) (c) The department may, upon request, replace a certification card that is lost, stolen, damaged, or destroyed. The card holder shall pay the replacement cost.

ATCP 29.28(4) (4) Certification standards. To be certified as a pesticide mixer and loader, an individual shall demonstrate practical knowledge and competency related to the general areas identified under s. ATCP 29.30.

ATCP 29.28(5) (5) Certification test. An individual shall demonstrate practical knowledge and competency under sub. (4) by scoring at least 70 percent on a written, closed-book examination administered by the department. An individual who fails an examination may be retested according to the procedure described in s. ATCP 29.26 (8).

ATCP 29.28(6) (6) Applying for certification. To apply for certification under this section, an individual shall follow the procedure described in s. ATCP 29.26 (9).

ATCP 29.28 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

ATCP 29.29 ATCP 29.29 Special application methods; supplementary certification.

ATCP 29.29(1) (1) Aerial applicator; supplementary certification. The department may certify an individual to use aircraft to make pesticide applications for which that individual is certified as a commercial or private applicator under s. ATCP 29.26 or 29.27. To be certified as an aerial applicator, an individual shall do all of the following:

ATCP 29.29(1)(a) (a) Provide proof that he or she is licensed and fully trained to operate and apply pesticides with each type of aircraft used for that purpose.

ATCP 29.29(1)(b) (b) Demonstrate practical knowledge and competency related to aerial applications, including the principles and practices of aerial pest control, potential health and environmental hazards related to aerial applications, prevention of pesticide overspray and drift, and requirements under s. ATCP 29.53.

ATCP 29.29(2) (2) Chemigation applicator; supplementary certification.

ATCP 29.29(2)(a) (a) The department may certify an individual to make pesticide applications, for which that applicator is certified as a commercial or private applicator under s. ATCP 29.26 or 29.27, by means of chemigation.

ATCP 29.29(2)(b) (b) To be certified as a chemigation applicator, an individual shall demonstrate practical knowledge and competency related to all of the following:

ATCP 29.29(2)(b)1. 1. Proper chemigation procedures.

ATCP 29.29(2)(b)2. 2. Chemigation equipment, including calibration and operation.

ATCP 29.29(2)(b)3. 3. Potential health and environmental hazards related to chemigation.

ATCP 29.29(2)(b)4. 4. Requirements under s. ATCP 29.54.

ATCP 29.29(3) (3) Soil fumigation by commercial applicator; supplementary certification. The department may certify an individual commercial applicator to make pesticide applications, for which that individual is certified under s. ATCP 29.26, by means of soil fumigation. To be certified as a soil fumigator, an individual commercial applicator shall demonstrate practical knowledge and competency related to all of the following:

ATCP 29.29(3)(a) (a) Pests that may be treated by soil fumigation.

ATCP 29.29(3)(b) (b) Factors that may affect the need for and appropriate use of soil fumigation.

ATCP 29.29(3)(c) (c) Pesticides used as soil fumigants.

ATCP 29.29(3)(d) (d) Health and environmental hazards related to soil fumigation.

ATCP 29.29(3)(e) (e) Proper soil fumigation methods, including restricted entry intervals, proper use of safety apparatus, and other safeguards to protect human health and the environment.

ATCP 29.29(3)(f) (f) Worker safety.

ATCP 29.29(3)(g) (g) State and federal regulations related to soil fumigant pesticides and their use.

ATCP 29.29(4) (4) Fumigation by private applicator; supplementary certification. The department may certify a private applicator to make fumigation applications to soil, spaces, or commodities if all of the following apply:

ATCP 29.29(4)(a) (a) The private applicator is certified under s. ATCP 29.27.

ATCP 29.29(4)(b) (b) The private applicator demonstrates practical knowledge and competency related to all of the following:

ATCP 29.29(4)(b)1. 1. Pests that may be treated by fumigation.

ATCP 29.29(4)(b)2. 2. Factors that may affect the need for, and appropriate use of, fumigation.

ATCP 29.29(4)(b)3. 3. Pesticides applied by means of fumigation.

ATCP 29.29(4)(b)4. 4. Health and environmental hazards related to fumigation.

ATCP 29.29(4)(b)5. 5. Proper fumigation methods, including restricted entry intervals, proper use of safety apparatus, and other safeguards to protect human health and the environment.

ATCP 29.29(4)(b)6. 6. Worker safety.

ATCP 29.29(4)(b)7. 7. State and federal regulations related to fumigant pesticides and their use.

ATCP 29.29(5) (5) Certification procedure; commercial applicators. A commercial applicator certified under s. ATCP 29.26 may apply for supplementary certification under this section according to the procedure specified under s. ATCP 29.26 (9). To be certified under sub. (1), (2) or (3), the applicant shall score at least 70 percent on a written, closed-book examination administered by the department. An individual who fails an examination may be retested according to the procedure described in s. ATCP 29.26 (8). If necessary, the department may require the individual to pass a field or operational examination in addition to a written examination.

ATCP 29.29(6) (6) Certification procedure; private applicators. A private applicator certified under s. ATCP 29.27 may apply for supplementary certification under this section by contacting the University of Wisconsin-Extension agent, in the county where the private applicator resides. To be certified under sub. (1), (2) or (4), the private applicator shall do both of the following:

ATCP 29.29(6)(a) (a) Complete self-study training using materials provided by the University of Wisconsin-Extension.

ATCP 29.29(6)(b) (b) Demonstrate practical knowledge and competency by scoring at least 70 percent on an open-book examination administered by the training provider. The examination may include a field or operational examination. An individual who fails an examination may be retested.

ATCP 29.29 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

ATCP 29.30 ATCP 29.30 General certification standards. In order to be certified under s. ATCP 29.26, 29.27 or 29.28, an individual shall do all of the following:

ATCP 29.30(1) (1) Pesticide labels. Demonstrate all of the following: