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(c) Employed by the University of Wisconsin-Extension to train pesticide applicators.
(d) A graduate of a worker protection train-the-handler program approved by the department or the federal environmental protection agency.
History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.
ATCP 29.65Training agricultural workers.
(1)Training required. An agricultural employer may not require or permit any agricultural worker, other than a worker trained as required under 40 CFR 170.130, to enter any area that has been subject to a restricted entry interval during the previous 30 days.
(2)Trainer qualifications. An individual who trains agricultural workers under par. (a) shall be at least one of the following:
(a) Currently certified by the department as a pesticide applicator under s. ATCP 29.26 or 29.27.
(b) Currently certified by another state as a pesticide applicator, pursuant to an applicator certification program approved by the federal environmental protection agency.
(c) Employed by the University of Wisconsin-Extension to train pesticide applicators.
(d) A graduate of a worker protection train-the-handler or train-the-worker program approved by the department or the federal environmental protection agency.
(e) Trained as a pesticide handler under 40 CFR 170.230.
History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.
ATCP 29.66Training records.
(1)Employer records. A person who employs agricultural workers or handlers shall keep current pesticide training records for each agricultural worker or handler employed. The employer shall keep each employee’s records for at least one year after that individual’s employment ends. The records shall include all of the following:
(a) The first name, last name, and permanent home address of the agricultural worker or handler.
(b) The date or dates on which the agricultural worker or handler received training required under s. ATCP 29.64 or 29.65.
(c) A signed statement by the agricultural worker or handler confirming that the worker or handler received the training required under s. ATCP 29.64 or 29.65 on the dates indicated.
(2)Trainer records. A person who trains agricultural workers or handlers under s. ATCP 29.64 or 29.65 shall keep a training record for each individual trained. The training record shall include all of the information required under sub. (1). The trainer shall keep the training record for at least 5 years after the training is given.
History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.
Subchapter XI — Special Registrations And Use Authorizations
ATCP 29.70Emergency use permits.
(1)Authority and scope. The department may issue an emergency use permit authorizing the purchase, sale, distribution, and use of a pesticide for a purpose not otherwise permitted under this chapter or ch. ATCP 30, if that use is necessary in an emergency to control a serious disease or pest infestation. The department may not issue an emergency use permit for any of the following:
(a) A pesticide use that is not authorized under the federal act.
(b) The use of DDT or its isomers or metabolites.
Note: The department may issue permits, under s. 94.709, Stats., for the use of DDT, its isomers or metabolites. See s. ATCP 30.19 related to emergency use permits for bat control.
(2)Permit application. An application for an emergency use permit under sub. (1) shall be submitted by electronic means to the department unless advance approval to submit a paper application is granted by the department. The application shall include all of the following:
(a) The complete name and address of the applicant, including the complete name and address of the pesticide applicator if different from the applicant.
(b) A detailed description of the nature and scope of the emergency warranting the pesticide use, including information on the target pest.
(c) A description of the purpose for which the pesticide will be used.
(d) A detailed description of the potential benefits, adverse effects, and hazards which may result from the use of the pesticide.
(e) A description and analysis of feasible alternative pesticides and control measures that could be utilized to control the pest.
(f) The composition and formulation of the pesticide.
(g) The source from which the pesticide is to be purchased or shipped.
(h) The amount of pesticide to be used.
(i) The site of the pesticide application.
(j) The method of pesticide application and any special precautions that will be taken in the use and disposal of the pesticide.
(k) Any additional information required by the department.
Note: The use of certain pesticides, such as use of atrazine in an atrazine prohibition area, may require a permit under ch. ATCP 30.
(3)Action on permit application. The department shall grant or deny a permit application under sub. (2) within 20 business days after the department receives a complete application.
(4)Issuing a permit. The department may issue an emergency use permit under sub. (1), based on a complete application under sub. (2), if the department finds all of the following:
(a) The emergency use is necessary to prevent a serious risk to persons, property, or the environment.
(b) The benefits from the proposed emergency use outweigh the potential risks which that use may pose to persons, property, and the environment.
(c) There are no effective alternative control measures.
Note: The department must prepare an environmental assessment on each permit issued under this subsection. See ch. ATCP 3.
(6)Permit conditions.
(a) The department may impose conditions on an emergency use permit to protect persons, property, and the environment. These may include any of the following:
1. Time limits.
2. Conditions related to the amount of pesticide used, the location and size of the application site, the method of application, and the disposal of pesticide containers and unused pesticides.
3. Conditions related to the training and qualifications of persons applying the pesticide.
4. Other conditions which the department considers appropriate.
(7)Suspending or revoking a permit. The department may summarily suspend or revoke an emergency use permit if the department finds any of the following:
(a) Information contained in the permit application is false or misleading.
(b) Permit conditions or limitations have been violated.
(c) The pesticide use poses an unreasonable risk to persons, property, or the environment.
History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 12-003: am. (2) (intro) Register May 2013 No. 689, eff. 6-1-13.
ATCP 29.71Experimental use permits.
(1)Authorization. The department may issue an experimental use permit authorizing the sale, purchase, shipment, and use of a pesticide, other than DDT and its isomers and metabolites, for experimental purposes not otherwise permitted under ss. 94.67 through 94.71, Stats., or this chapter. The department may not issue a permit for any purpose that is prohibited under the federal act. The department may issue a permit to any of the following persons:
(a) A person who needs the permit to acquire experimental data in this state in order to register a pesticide or pesticide use under the federal act or s. ATCP 29.72.
(b) A person, other than a pesticide seller or a seller’s promotional agent, who needs the permit to perform bona fide scientific research in this state.
(2)Permit application. An application for an experimental use permit under sub. (1) shall be submitted by electronic means to the department unless advance approval to submit a paper application is granted by the department. The application shall include all of the following:
(a) The applicant’s complete name and address.
(b) The complete name and address of each person who will be shipping the pesticide, and the address from which each shipment will originate.
(c) The complete name and address of each person who will receive a pesticide shipment in this state.
(d) The complete name and address of each individual who will use or direct the use of the pesticide.
(e) The complete name and address of each person on whose property the pesticide will be used.
(f) A detailed description of the proposed experimental use, including all of the following:
1. The purpose of the experimental use.
2. The amount of pesticide to be used.
3. The target organisms against which the experimental use will be directed.
4. The type of plants, animals, or site to be treated.
5. The location, nature, and size of the site to be treated, and the nature of the surrounding environment.
6. The dates or time periods on or within which the pesticide will be used.
7. The methods by which the pesticide will be applied or used.
(g) The proposed schedule of pesticide shipments, including individual shipment dates and amounts.
(h) A detailed description of the pesticide, including all of the following:
1. The pesticide’s chemical composition and formulation type, including the chemical name and percentage by weight of each active and inert ingredient.
2. Relevant chemical and physical properties of the pesticide.
3. Methods used to analyze the pesticide formulation and identify pesticide residues.
4. Available information on pesticide toxicity, including oral, dermal, and inhalation toxicity, lethal concentrations in the aquatic environment, chronic toxicity hazards, and symptoms of toxicity in persons, plants, and animals.
5. Available information on the rate of decline of pesticide residues in target and nontarget organisms, raw agricultural commodities, food, feed, and the environment.
6. Potential hazards to persons using the pesticide, and suggested precautions for use.
(i) A description of precautions that will be taken in connection with the experimental use to prevent hazards to persons, property, and the environment.
(j) Either of the following if the experimental use may cause pesticide residues to occur in raw agricultural commodities, food, or feed:
1. Proof that the proposed experimental use will not result in pesticide residues in excess of tolerances established under the federal act or the federal food, drug and cosmetic act, as amended (21 USC 301 et seq.), or that the pesticide’s active and inert ingredients are exempted from the requirement of a residue tolerance in raw agricultural commodities, food, and feed.
2. Certification that no raw agricultural commodities, food, or feed involved in the experimental use will be consumed by humans or other animals, except laboratory or experimental animals not used for food or feed.
(k) A copy of any permit which the federal environmental protection agency has issued for the experimental use under the federal act.
(L) Proposed labeling for the experimental use pesticide.
(m) Other relevant information required by the department.
(3)Action on permit application. The department shall grant or deny a permit application under sub. (2) within 60 business days after the department receives a complete application.
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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.