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ATCP 30.05 Prohibited pesticides.
(1) Prohibition. Except as provided under sub. (2), no person may sell, distribute, purchase, or use any of the following pesticides in this state:
(a) DDT (DDE or TDD)
(b) TDE (DDD).
(c) Endrin.
(d) Cadmium.
(e) Thallium sulfate.
(f) Aldrin.
(g) Chlordane.
(h) Dieldrin.
(i) Heptachlor.
(j) 2,4,5-Trichlorophenoxyacetic acid (2,4,5-T).
(k) 2-(2,4,5-Trichlorophenoxy) propionic acid (silvex).
(L) Dinoseb.
(m) Kelthane.
(n) Ethyl parathion.
(2) Exemptions. Subsection (1) does not apply to any of the following:
(a) Use authorized by an emergency permit under s. ATCP 29.70 or an experimental use permit under s. ATCP 29.71.
(b) Use of DDT, or the isomers or metabolites of DDT, authorized by the department under s. 94.709, Stats.
(c) The purchase, sale, or use of pesticides other than DDT, or the isomers or metabolites of DDT, for bona fide laboratory research or as laboratory standards or educational exhibits.
History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; correction in (2) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1999, No. 519.
Subchapter III — Pesticides Requiring Special Use Permit
ATCP 30.10 Pesticides requiring special use permit.
(1) Permit required. Except as provided under sub. (2), no person may purchase or use any of the following pesticides without a written permit from the department:
(a) Sodium fluoroacetate (1080).
(b) Strychnine, including products containing strychnine sold or purchased for use as pesticides.
(c) Any pesticide used to control insects or rodents in public sewers, except when used by a commercial applicator certified under s. ATCP 29.31 (11).
(2) Exemptions. Subsection (1) does not apply to any of the following:
(a) Use authorized by an emergency permit under s. ATCP 29.70 or an experimental use permit under s. ATCP 29.71.
(b) The purchase, sale, or use of a pesticide for bona fide laboratory research, or as a bona fide laboratory standard or educational exhibit.
(3) Permit application. To obtain a permit under sub. (1), a person shall apply on a form provided by the department. In an emergency, the department may accept an oral application which the applicant confirms in writing within 48 hours. An application shall include all of the following:
(a) The applicant’s name and address.
(b) The name and address of each individual applicator who will apply the pesticide in the name of the applicant.
(c) The name and formulation of the pesticide for which the applicant seeks a permit.
(d) The proposed use of the pesticide, including purpose, location, and quantity.
(e) The special circumstances that justify the purchase and use of the pesticide.
(f) Any special controls or precautions that will apply.
(g) Any information required under sub. (7) (b) if the applicant is applying to purchase or use sodium fluoroacetate (1080).
(h) Other relevant information required by the department.
(4) Action on permit application. The department shall grant or deny a permit application within 60 business days after the applicant files a complete application with the department.
(5) Issuing a permit. The department may issue a permit under sub. (1) if the department finds that the pesticide use is justified by special circumstances, that there is no effective alternative to the pesticide use, and that the proposed use does not pose an unreasonable risk to persons, property, or the environment.
Note: The department must prepare an environmental assessment on each permit issued under this subsection. See ch. ATCP 3.
(6) Permit conditions. The department may impose permit conditions which it considers appropriate. No person may use a pesticide contrary to the conditions which the department specifies.
(7) Sodium fluoroacetate (1080) permit.
(a) No permit under sub. (1) may authorize the purchase or use of sodium fluoroacetate (1080) for any purpose other than the control of rats or mice by a commercial applicator who is licensed under s. ATCP 29.25 and certified for that purpose under s. ATCP 29.26.
(b) An application for a sodium fluoroacetate (1080) permit shall include all of the following information:
1. The nature of the application site and surrounding area.
2. The types of wild animals frequenting the site, if any.
3. The form in which the sodium fluoroacetate (1080) will be used, including the type of bait used.
4. The method of application.
5. The method for disposing of rat or mouse carcasses.
(c) The following conditions apply to all permits under this section or s. ATCP 29.70 authorizing the use of sodium fluoroacetate (1080):
1. The application site shall be secured against entry by nontarget animals, and by persons other than the pesticide applicator.
2. The applicator shall apply the pesticide so that the application site is not contaminated. The applicator shall remove all unconsumed pesticide before the application site is reopened for access by other persons or nontarget animals.
3. An applicator making an outdoor application shall use a tamper-proof bait box that precludes any hazard to humans or nontarget animals.
4. The applicator shall promptly remove all rats and mice killed by the pesticide, to prevent access by humans or other animals. The applicator shall dispose of the carcasses in a landfill licensed by the department of natural resources s. 289.31, Stats.
5. The applicator shall keep records of the application for at least 2 years, and shall make those records available to the department for inspection and copying upon request. Records shall include the date and time of application, the site at which the pesticide was used, the form in which the pesticide was used, the method of application, and the site used for carcass disposal.
(8) Strychnine permits. No permit under sub. (1) may authorize the purchase or use of strychnine for any but the following purposes:
(a) Registered uses below ground.
(b) Registered uses to control rats or mice.
(9) Sodium fluoroacetate or strychnine sales.
(a) No person may sell sodium fluoroacetate (1080) or strychnine to any person who does not have a permit under sub. (1).
(b) A person selling sodium fluoroacetate (1080) or strychnine shall keep all of the following records related to each sale:
1. All of the records required under s. ATCP 29.15 (8).
2. The purchaser’s permit number under sub. (1).
(c) A person selling sodium fluoroacetate (1080) or strychnine shall keep the records required under par. (b) for at least 2 years, and shall make those records available to the department for inspection and copying upon request.
(d) No person holding a permit under sub. (1) may resell or distribute a pesticide identified under sub. (1) to any person not covered by that permit.
History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 14-047: am. (8) (title) Register May 2015 No. 713, eff. 6-1-15.
Subchapter IV — Pesticides Allowed Only For Certain Purposes
ATCP 30.15 Pesticides allowed only for certain purposes.
(1) General. No person may label, sell, purchase, or use any pesticide identified in this section except for a purpose identified in this section. This section does not prohibit any of the following:
(a) Use authorized by an emergency permit under s. ATCP 29.70 or an experimental use permit under s. ATCP 29.71.
(b) The purchase, sale, or use of a pesticide for bona fide laboratory research, or as a bona fide laboratory standard or educational exhibit.
Note: A pesticide must be registered and labeled according to ch. ATCP 29, and used according to label directions. This section does not authorize any person to use a pesticide for any purpose for which that pesticide is not registered and labeled.
(2) Chromium.
(a) Pesticides containing chromium may be used to pressure treat lumber against wood-damaging pests such as termites and decay-producing fungi.
(b) Potassium dichromate may be used to preserve composite milk samples for testing. Milk samples treated with potassium dichromate may not be sold or distributed for consumption by humans or other animals. The following information shall appear on milk containers containing potassium dichromate, or on the shipping container in which they are shipped:
1. The statement “NOT FOR SALE OR CONSUMPTION — CONTAINS POTASSIUM DICHROMATE.”
2. The signal words “DANGER-POISON.”
3. A skull and crossbones, or other readily recognizable poison prevention symbol.
Note: Milk samples treated with potassium dichromate are classified as hazardous waste under chs. NR 660 to 670. Disposal must comply with those chapters.
(3) Lindane.
(a) Lindane (gamma isomer of benzene hexachloride) may be used only according to the label for the following purposes:
1. Treating animals, other than dairy or lactating animals, for mange and lice.
2. Treating sheep for fleeceworms.
3. Spot treating animals, other than dairy or lactating animals, to protect flesh and flesh wounds against insect infestation.
4. Treating seeds.
5. Treating yard and non-commercial garden ornamentals.
6. Treating Christmas trees in tree plantations to control pine root collar weevil, pales weevil, and pine root tip weevil.
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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.