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3. Potential health and environmental hazards related to sewer fumigants.
4. Appropriate procedures for mixing, loading, applying, and disposing of sewer fumigants, to prevent or minimize fumigant-related hazards.
5. Fumigation equipment.
6. Worker safety, notice, posting, and restricted entry interval requirements.
(14)Termite control.
(a) Category description. This category includes individuals who use or direct the use of pesticides to prevent or control termites.
(b) Certification requirements. To be certified in this category, an individual shall demonstrate practical knowledge and competency related to all of the following:
1. Termites, including termite biology.
2. Pesticides that may be used to control termites, and factors that may affect the need for, and appropriate use of, those pesticides.
3. Potential health and environmental hazards related to termite control.
4. Key factors affecting the nature and severity of health and environmental hazards related to termite control.
5. Appropriate procedures for mixing, loading, applying, and disposing of pesticides, to prevent or minimize pesticide-related hazards.
(15)Wood preservation.
(a) Category description. This category includes individuals, other than those identified under sub. (9), who use or direct the use of pesticides for wood treatment to preserve and protect wood or wood-based materials against damage from insects, fungi, surface molds and mildew, marine crustaceans, shipworms, and other pests.
(b) Certification requirements. To be certified in this category, an individual shall demonstrate practical knowledge and competency related to all of the following:
1. Wood species and wood structure.
2. Wood destroying pests and their biology.
3. Wood preservatives that may be used to prevent or control damage caused by wood destroying pests.
4. Factors that may affect the need for, and appropriate use of, wood preservatives.
5. Potential health and environmental hazards related to the use of wood preservatives.
6. Appropriate procedures for mixing, loading, applying, and disposing of wood preservatives, to prevent or minimize related hazards.
(16)Companion animal pest control.
(a) Category description. This category includes individuals who use or direct the use of pesticides to do either of the following:
1. Control pests on companion animals, such as dogs or cats.
2. Control pests in places, other than human habitations, where companion animals are confined.
(b) Certification requirements. To be certified in this category, an individual shall demonstrate practical knowledge and competency related to all of the following:
1. Common companion animals and household pets, and the pests that affect them.
2. Pesticides that may be used to control relevant pests, and factors that may affect the need for, and appropriate use, of those pesticides.
3. Potential toxic or adverse health effects on animals or humans.
4. Appropriate procedures for preparing, applying, and disposing of pesticides, to prevent or minimize pesticide-related hazards.
History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 12-003: am. (10) (title), (a), (b) 1., 2., cr. (10) (b) 2m., am. (11) (a) 2. Register May 2013 No. 689, eff. 6-1-13.
ATCP 29.32Trainee registration.
(1)General. An employer licensed under s. ATCP 29.20 may register an employee as a trainee if that employer is training that employee for licensing under s. ATCP 29.25 and certification under s. ATCP 29.26 or 29.28. A registered trainee may, without being licensed or certified, temporarily engage in activities for which a license and certification are normally required if those activities are reasonably necessary for the training. A trainee registration takes effect when properly filed with the department, and expires 30 days after it is filed.
(2)Restrictions on trainee use of pesticides. A trainee registration under sub. (1) does not authorize the trainee to do any of the following:
(a) Use any pesticide except under the direct on-site supervision of an individual who is licensed under s. ATCP 29.25 and certified under s. ATCP 29.26 or 29.28 to perform the functions for which the trainee is being trained.
(b) Direct the use of pesticides.
(c) Engage in any category of pesticide use which is not identified in the trainee registration.
(d) Use any restricted-use pesticide.
(e) Engage in aquatic pest control under s. ATCP 29.31 (8).
(f) Use any soil fumigant, or apply any pesticide by aircraft or chemigation.
(3)Eligibility limits.
(a) No employer may register a trainee more than once in the same category.
(b) No trainee may be registered under sub. (1) to do any of the following:
1. Use any pesticide in any certification category under s. ATCP 29.31 in which that trainee has failed to renew a prior certification.
2. Mix or load pesticides if the trainee has failed to renew any prior certification under s. ATCP 29.26 or 29.28.
(4)Registration procedure. An employer shall file a trainee registration under sub. (1) on a form provided by the department. The completed registration form shall include all of the following:
(a) The trainee’s name, home address, and telephone number.
(b) The employer’s name, business address, and telephone number.
(c) The name, license number, and certification number of each individual who will supervise the trainee under sub. (2) (a).
(d) The brand name and federal environmental protection agency registration number of each pesticide that the trainee may use during the training period.
(e) The categories under s. ATCP 29.31 in which the trainee will use pesticides during the training period.
(f) A declaration stating all the following:
1. That the employer is preparing the trainee for licensing under s. ATCP 29.25 and certification under s. ATCP 29.26 or 29.28.
2. That the employer assumes complete responsibility for the trainee’s use of pesticides during the training period.
3. That the training will comply with the restrictions under sub. (2).
4. That the trainee is at least 16 years old.
5. That the trainee can understand and follow oral instructions.
6. That the trainee can read and comprehend written instructions, including pesticide labels and labeling.
7. That the trainee can carry out assignments and instructions in a responsible manner.
8. That the trainee is capable of using pesticides as a trainee, under direct on-site supervision.
(g) The dated signatures of all the following persons:
1. The trainee.
2. Each individual identified under par. (c).
3. The employer or a responsible officer of the employer.
(h) Other relevant information reasonably required by the department.
(5)Copy to trainee. An employer filing a trainee registration form under sub. (4) shall provide a true copy of that registration form to the trainee. The trainee shall carry the registration form when engaged in any activity for which licensing or certification would be required under s. ATCP 29.25, 29.26, or 29.28 if the individual were not registered as a trainee.
(6)Summary suspension or revocation. The department may by written notice, without prior notice or hearing, summarily suspend or revoke a trainee registration if the department finds a violation of this section, or determines that any information in the registration is false.
History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.
ATCP 29.33Applicator records.
(1)Individual commercial applicators. An individual who is required to be licensed as a commercial applicator under s. ATCP 29.25 shall make a record of each pesticide application for which that license is required. The individual shall make the record on the day of the application. The individual shall keep the record for at least 2 years unless the individual is employed by a commercial application business that keeps the record under s. ATCP 29.21.
Note: Under s. ATCP 30.31 (5), an individual must keep a record of atrazine applications for at least 3 years.
(2)Private applicators. An individual agricultural producer who applies a restricted-use pesticide as a private applicator shall make a record of that application. The individual shall keep the record for at least 2 years.
(3)Record contents. A pesticide application record under this section shall include all of the following:
(a) The first and last name of the individual making the pesticide application.
(b) The name and address of the customer, if any, for whom the pesticide was applied.
(c) The crop, commodity, or site to which 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.
(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 pesticide product 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.
(4)Records available for inspection and copying. Records kept under this section shall be made available to the department for inspection and copying upon request.
History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 12-003: am. (3) (d) Register May 2013 No. 689, eff. 6-1-13.
Subchapter VII — Storing, Transporting And Selling Pesticides
ATCP 29.40Storing and transporting pesticides.
(1)Requirements. Persons storing or transporting pesticides shall do all of the following:
(a) Store and transport pesticides according to label directions, in a manner that avoids reasonably foreseeable and reasonably preventable hazards to persons, property, and the environment.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.