ATCP 29.55 Note Note: A person making a residential application must comply with sub. (3) regardless of whether the application is a contract application. For example, a landlord making a residential application to the landlord’s own rental units must provide information to tenants residing in those units.

ATCP 29.55(4) (4) Restricted entry interval; warning signs. If a person makes a residential application of a pesticide whose label prescribes a restricted entry interval, that person shall post a warning sign at each entrance to the treated area. Each warning sign shall be at least 8 1/2 inches by 11 inches. The form and content of each warning sign shall be identical to that shown in ch. ATCP 29 Appendix D. The person making the residential application shall post the warning sign before the application begins, and shall not remove it until the restricted entry interval expires.

ATCP 29.55 Note Note: A person making a residential application must comply with sub. (4) regardless of whether the application is a contract application. For example, a landlord making a residential application to the landlord’s own rental units must post warning signs under sub. (4) if the pesticide label prescribes a restricted entry interval. See also s. ATCP 29.52 (3) which provides that landlords and contract applicators are individually and jointly responsible for posting warning signs.

ATCP 29.55 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; correction in (1) (f) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1999, No. 519; CR 12-003: am. (1) (d), (2) (a), cr. (3) (a) 8., am. (3) (c) Register May 2013 No. 689, eff. 6-1-13; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689.

ATCP 29.56 ATCP 29.56 Landscape applications.

ATCP 29.56(1) (1) Definitions. In this section:

ATCP 29.56(1)(a) (a) “Division” means the agricultural resource management division of the department.

ATCP 29.56(1)(b) (b) “Cemetery grounds manager” means the person responsible for on-site management of cemetery grounds.

ATCP 29.56(1)(c) (c) “Golf course superintendent” means the person responsible for on-site management of a golf course.

ATCP 29.56(1)(d) (d) “Landscape” means turf, ornamental and mulched areas, and areas being prepared for those purposes, that are located in or around residential premises, public or commercial facilities, parks, workplaces, care facilities, recreational areas, and public lands. “Landscape” does not include utility or transportation right-of-way areas, greenhouses, nurseries, or areas used for agricultural production, forest production, or commercial turf production.

ATCP 29.56(1)(e) (e) “Landscape application” means the application of a pesticide to a landscape. “Landscape application” does not include any of the following:

ATCP 29.56(1)(e)1. 1. Pesticide applications for any of the purposes identified in s. ATCP 29.31 (4) or (14).

ATCP 29.56(1)(e)2. 2. A perimeter barrier application.

ATCP 29.56(1)(e)3. 3. Mosquito control applications made by a government entity for public health purposes.

ATCP 29.56(1)(e)4. 4. Pesticide applications made by the department or its agent pursuant to s. 94.01 or 94.02, Stats., or ch. ATCP 21.

ATCP 29.56(1)(f) (f) “Landscape pesticide” means a pesticide that is labeled for use on a landscape.

ATCP 29.56(1)(g) (g) “Ornamental” has the meaning given in s. ATCP 29.01 (25).

ATCP 29.56(1)(h) (h) “Restricted entry interval” has the meaning given in s. ATCP 29.01 (35).

ATCP 29.56(1)(i) (i) “Treated landscape” means that portion of a landscape to which a pesticide is applied.

ATCP 29.56(2) (2) Information to customer. A person hired by a customer to make a landscape application shall provide that customer with all of the following in writing, or electronically if the customer consents in writing to electronic notification:

ATCP 29.56 Note Note: See ch. ATCP 29 Appendix A for an example of a written or electronically transmitted notice under par. (a). Nothing in this section authorizes a commercial applicator to make a landscape application which the customer has not affirmatively authorized.

ATCP 29.56(2)(a) (a) An offer to provide pre-application information under par. (b). The person shall make the offer before making the first landscape application for the customer, and shall repeat the offer at least annually if there is a continuing contract for more than one year.

ATCP 29.56(2)(b) (b) The following pre-application information, if requested:

ATCP 29.56(2)(b)1. 1. The brand name, product name, or common chemical name of each pesticide that may be applied.

ATCP 29.56(2)(b)2. 2. A copy of the pesticide label for each pesticide that may be applied.

ATCP 29.56(2)(b)3. 3. The date on which the landscape application will be made. The person making the application may communicate the application date orally, rather than in writing, if the requester agrees to oral notification.

ATCP 29.56(2)(b)4. 4. The name, business address, and telephone number of a person who can provide further information about the pesticide application.

ATCP 29.56(2)(c) (c) The information required under s. ATCP 29.22. The person making the application shall provide this information to the customer when the application is completed.

ATCP 29.56(3) (3) Warning signs posted.