Chapter ATCP 29

ATCP 29.32(3)(a) (a) No employer may register a trainee more than once in the same category.

ATCP 29.32(3)(b) (b) No trainee may be registered under sub. (1) to do any of the following:

ATCP 29.32(3)(b)1. 1. Use any pesticide in any certification category under s. ATCP 29.31 in which that trainee has failed to renew a prior certification.

ATCP 29.32(3)(b)2. 2. Mix or load pesticides if the trainee has failed to renew any prior certification under s. ATCP 29.26 or 29.28.

ATCP 29.32(4) (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:

ATCP 29.32(4)(a) (a) The trainee’s name, home address, and telephone number.

ATCP 29.32(4)(b) (b) The employer’s name, business address, and telephone number.

ATCP 29.32(4)(c) (c) The name, license number, and certification number of each individual who will supervise the trainee under sub. (2) (a).

ATCP 29.32(4)(d) (d) The brand name and federal environmental protection agency registration number of each pesticide that the trainee may use during the training period.

ATCP 29.32(4)(e) (e) The categories under s. ATCP 29.31 in which the trainee will use pesticides during the training period.

ATCP 29.32(4)(f) (f) A declaration stating all the following:

ATCP 29.32(4)(f)1. 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.

ATCP 29.32(4)(f)2. 2. That the employer assumes complete responsibility for the trainee’s use of pesticides during the training period.

ATCP 29.32(4)(f)3. 3. That the training will comply with the restrictions under sub. (2).

ATCP 29.32(4)(f)4. 4. That the trainee is at least 16 years old.

ATCP 29.32(4)(f)5. 5. That the trainee can understand and follow oral instructions.

ATCP 29.32(4)(f)6. 6. That the trainee can read and comprehend written instructions, including pesticide labels and labeling.

ATCP 29.32(4)(f)7. 7. That the trainee can carry out assignments and instructions in a responsible manner.

ATCP 29.32(4)(f)8. 8. That the trainee is capable of using pesticides as a trainee, under direct on-site supervision.

ATCP 29.32(4)(g) (g) The dated signatures of all the following persons:

ATCP 29.32(4)(g)1. 1. The trainee.

ATCP 29.32(4)(g)2. 2. Each individual identified under par. (c).

ATCP 29.32(4)(g)3. 3. The employer or a responsible officer of the employer.

ATCP 29.32(4)(h) (h) Other relevant information reasonably required by the department.

ATCP 29.32(5) (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.

ATCP 29.32(6) (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.

ATCP 29.32 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

ATCP 29.33 ATCP 29.33 Applicator records.

ATCP 29.33(1) (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.

ATCP 29.33 Note Note: Under s. ATCP 30.31 (5), an individual must keep a record of atrazine applications for at least 3 years.

ATCP 29.33(2) (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.

ATCP 29.33(3) (3) Record contents. A pesticide application record under this section shall include all of the following:

ATCP 29.33(3)(a) (a) The first and last name of the individual making the pesticide application.

ATCP 29.33(3)(b) (b) The name and address of the customer, if any, for whom the pesticide was applied.

ATCP 29.33(3)(c) (c) The crop, commodity, or site to which the pesticide was applied.

ATCP 29.33(3)(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.

ATCP 29.33(3)(e) (e) The month, day, year, and approximate starting and ending time of the pesticide application.

ATCP 29.33(3)(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 29.33(3)(g) (g) At least one of the following:

ATCP 29.33(3)(g)1. 1. The concentration and total quantity of each pesticide applied.

ATCP 29.33(3)(g)2. 2. The amount of pesticide product applied per unit area and the total area treated.

ATCP 29.33(3)(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 29.33(4) (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.

ATCP 29.33 History 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.

subch. VII of ch. ATCP 29 Subchapter VII — Storing, Transporting And Selling Pesticides

ATCP 29.40 ATCP 29.40 Storing and transporting pesticides.

ATCP 29.40(1) (1) Requirements. Persons storing or transporting pesticides shall do all of the following:

ATCP 29.40(1)(a) (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.

ATCP 29.40(1)(b) (b) Store bulk pesticides according to ch. ATCP 33.

ATCP 29.40(1)(c) (c) Secure pesticides and pesticide containers against access by children, the general public, domestic animals, and wild animals.

ATCP 29.40(1)(d) (d) Keep pesticides adequately separated from food, feed, and other products so that pesticides will not contaminate or be mistaken for those products.

ATCP 29.40(1)(e) (e) Thoroughly clean pesticide residues from storage areas and transport vehicles before reusing those storage areas or transport vehicles for other purposes.

ATCP 29.40(1)(f) (f) Protect pesticide containers and labels from reasonably foreseeable damage or destruction.

ATCP 29.40(1)(g) (g) Inspect pesticide containers when those containers are removed from their outer shipping containers, to ensure that the pesticide containers are intact and properly sealed, and that pesticide labels are intact and fully legible.

ATCP 29.40(2) (2) Prohibitions. No person may do any of the following:

ATCP 29.40(2)(a) (a) Store or transport a pesticide in a manner inconsistent with the pesticide label.

ATCP 29.40(2)(b) (b) Store or transport a pesticide in a visibly broken, defective, or improperly sealed container unless that container is enclosed in another suitable container which effectively prevents foreseeable spillage.

ATCP 29.40 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

ATCP 29.41 ATCP 29.41 Selling pesticides.

ATCP 29.41(1) (1) General. No person may do any of the following:

ATCP 29.41(1)(a) (a) Sell any pesticide that is not properly registered and labeled according to subch. II.

ATCP 29.41(1)(b) (b) Sell a pesticide if any part of the pesticide label is absent or illegible.

ATCP 29.41(1)(c) (c) Sell a pesticide in a manner inconsistent with the pesticide label.

ATCP 29.41(1)(d) (d) Sell a pesticide in a visibly broken, defective, or improperly sealed container.

ATCP 29.41(1)(e) (e) Sell a pesticide for a use which is not specifically identified on the pesticide label or, in the case of an additional registered use, on supplemental labeling which the seller receives from the pesticide manufacturer or registrant and provides to the purchaser at the time of sale.

ATCP 29.41(1)(f) (f) Make any false, deceptive, or misleading representation in connection with the sale or offer of a pesticide.

ATCP 29.41(1)(g) (g) Continue to sell any pesticide after its registration expires or is canceled, or after the department orders the pesticide removed from sale for any reason.

ATCP 29.41(2) (2) Retail sales.

ATCP 29.41(2)(a) (a) No person may sell, at retail, any substance with instructions for using that substance to formulate a pesticide unless that substance is registered as a pesticide under s. ATCP 29.05.

ATCP 29.41(2)(b) (b) Pesticides bearing the precautionary signal words “POISON”, “DANGER” or “WARNING”, when displayed at retail, shall be protected from access by children. A retail display complies with this paragraph if any of the following applies:

ATCP 29.41(2)(b)1. 1. The pesticides are kept at least 42 inches above the floor.

ATCP 29.41(2)(b)2. 2. The pesticides are packaged in nonbreakable tamper-resistant containers.

ATCP 29.41(2)(c) (c) Pesticides displayed at retail shall be adequately separated from food, feed, and other products so they will not contaminate or be mistaken for those products.

ATCP 29.41(3) (3) Retail sales of landscape pesticides. No person may sell at retail, to any person other than a certified commercial applicator, any landscape pesticide as defined in s. ATCP 29.56 (1) (f) unless that person displays all of the following items at the point of sale and offers them to the buyer at no additional charge at the time of sale:

ATCP 29.41(3)(a) (a) Warning signs containing the information shown in ch. ATCP 29 Appendix F. Each warning sign shall be all of the following:

ATCP 29.41(3)(a)1. 1. At least 4 inches by 5 inches in size.

ATCP 29.41(3)(a)2. 2. Professionally printed in red lettering, on a white background, according to the format shown in ch. ATCP 29 Appendix F. A warning sign may contain supplementary information beyond that shown in ch. ATCP 29 Appendix F if the information is consistent with, and does not detract from, that shown in ch. ATCP 29 Appendix F.

ATCP 29.41(3)(a)3. 3. Constructed so that it remains clearly legible for at least 72 hours after it is posted, despite reasonably foreseeable adverse weather conditions.

ATCP 29.41(3)(b) (b) Pesticide information sheets which are identical to that shown in ch. ATCP 29 Appendix G.

ATCP 29.41 Note Note: See also subch. IV related to pesticide dealers and distributors.

ATCP 29.41 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; corrections in (3) (a) (intro.), 2., (b) made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689.

subch. VIII of ch. ATCP 29 Subchapter VIII — Pesticide Handling, Disposal And Spills

ATCP 29.45 ATCP 29.45 Pesticide mixing and loading; spill containment.

ATCP 29.45(1) (1) Spill containment required. Except as provided under sub. (2), no person may mix or load a pesticide at any of the following sites unless the mixing or loading operation is conducted over a spill containment surface that complies with this section:

ATCP 29.45(1)(a) (a) A site located within 100 feet of any well or surface water.

ATCP 29.45(1)(b) (b) A site, or a group of jointly owned or operated sites located within 1/2 mile of each other, at which a total of more than 1,500 pounds of dry or liquid pesticide active ingredients are mixed or loaded in any calendar year. Pesticide active ingredients under this paragraph include those contained in pesticide-fertilizer mixtures.

ATCP 29.45 Note Note: See also ch. ATCP 33.

ATCP 29.45(2) (2) Exemptions. Subsection (1) does not apply to any of the following:

ATCP 29.45(2)(a) (a) Applying a pesticide to the waters of the state, according to ch. NR 107, in order to manage or control aquatic organisms.