ATCP 29.70(7)(b) (b) Permit conditions or limitations have been violated.

ATCP 29.70(7)(c) (c) The pesticide use poses an unreasonable risk to persons, property, or the environment.

ATCP 29.70 History 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 29.71 ATCP 29.71 Experimental use permits.

ATCP 29.71(1) (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:

ATCP 29.71(1)(a) (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.

ATCP 29.71(1)(b) (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.

ATCP 29.71(2) (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:

ATCP 29.71(2)(a) (a) The applicant’s complete name and address.

ATCP 29.71(2)(b) (b) The complete name and address of each person who will be shipping the pesticide, and the address from which each shipment will originate.

ATCP 29.71(2)(c) (c) The complete name and address of each person who will receive a pesticide shipment in this state.

ATCP 29.71(2)(d) (d) The complete name and address of each individual who will use or direct the use of the pesticide.

ATCP 29.71(2)(e) (e) The complete name and address of each person on whose property the pesticide will be used.

ATCP 29.71(2)(f) (f) A detailed description of the proposed experimental use, including all of the following:

ATCP 29.71(2)(f)1. 1. The purpose of the experimental use.

ATCP 29.71(2)(f)2. 2. The amount of pesticide to be used.

ATCP 29.71(2)(f)3. 3. The target organisms against which the experimental use will be directed.

ATCP 29.71(2)(f)4. 4. The type of plants, animals, or site to be treated.

ATCP 29.71(2)(f)5. 5. The location, nature, and size of the site to be treated, and the nature of the surrounding environment.

ATCP 29.71(2)(f)6. 6. The dates or time periods on or within which the pesticide will be used.

ATCP 29.71(2)(f)7. 7. The methods by which the pesticide will be applied or used.

ATCP 29.71(2)(g) (g) The proposed schedule of pesticide shipments, including individual shipment dates and amounts.

ATCP 29.71(2)(h) (h) A detailed description of the pesticide, including all of the following:

ATCP 29.71(2)(h)1. 1. The pesticide’s chemical composition and formulation type, including the chemical name and percentage by weight of each active and inert ingredient.

ATCP 29.71(2)(h)2. 2. Relevant chemical and physical properties of the pesticide.

ATCP 29.71(2)(h)3. 3. Methods used to analyze the pesticide formulation and identify pesticide residues.

ATCP 29.71(2)(h)4. 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.

ATCP 29.71(2)(h)5. 5. Available information on the rate of decline of pesticide residues in target and nontarget organisms, raw agricultural commodities, food, feed, and the environment.

ATCP 29.71(2)(h)6. 6. Potential hazards to persons using the pesticide, and suggested precautions for use.