ATCP 29.25(2)(h)4.4. For compensation other than the exchange of goods or services, uses or directs the use of pesticides applied in any calendar year to a total of more than 500 acres of land which the agricultural producer does not own or control.
ATCP 29.25(3)(3)License conditions.
ATCP 29.25(3)(a)(a) A license under sub. (1) expires on December 31 annually and is not transferable between persons.
ATCP 29.25(3)(b)(b) An individual licensed under sub. (1) shall carry the license when engaged in any activity for which the license is required.
ATCP 29.25(3)(c)(c) The department may not issue a license under sub. (1) to an individual who is less than 16 years old.
ATCP 29.25(4)(4)License application. An applicant for a license under sub. (1) shall apply on a form provided by the department. An application shall include all of the following information, together with the fees required under sub. (5):
ATCP 29.25(4)(a)(a) The applicant’s complete name, mailing address, and street address.
ATCP 29.25(4)(b)(b) The applicant’s business name and address if the individual is engaged in business as a sole proprietor.
ATCP 29.25(4)(c)(c) The name and address of the person, if any, who employs the applicant to use or direct the use of pesticides.
ATCP 29.25(4)(d)(d) Any other information which the department reasonably requires to administer this section.
ATCP 29.25(5)(5)Fees.
ATCP 29.25(5)(a)(a) Except as provided under par. (b), an applicant for an annual license under sub. (1) shall pay an agricultural chemical cleanup surcharge of $10, except as provided in s. 94.73 (15), Stats.
ATCP 29.25(5)(b)(b) No fee or surcharge is required under par. (a) for an applicant who uses or directs the use of pesticides under sub. (1) only as a government employee or as an employee of a public or private educational institution.
ATCP 29.25(6)(6)Action on license application. The department shall grant or deny an application under sub. (4) within 30 business days after the department receives a complete application.
ATCP 29.25 HistoryHistory: Cr. Register, May, 1998, No. 509, eff. 6-1-98; am. (5) (a) 1. and 2., Register, May, 2000, No. 533, eff. 6-1-00; CR 01-021: am. (5) (a) 2., Register October 2001 No. 550, eff. 11-1-01; CR 08-075: am. (5) (a) 2. Register April 2009 No. 640, eff. 5-1-09; CR 12-003: am. (2) (b), (c) Register May 2013 No. 689, eff. 6-1-13; CR 14-047: am. (5) (a) 1., 2. Register May 2015 No. 713, ef. 6-1-15; correction in (2) (c) made under s. 13.92 (4) (b) 7., Stats., Register October 2015 No. 718; CR 22-080: cons. (5) (a) (intro.) and (a) 2. and renum. to (5) (a) and am., r. (5) (a) 1. Register February 2024 No. 818, eff. 3-1-24.
ATCP 29.26ATCP 29.26Individual commercial applicator; certification.
ATCP 29.26(1)(1)Certification required. No individual may engage in any activity for which a license is required under s. ATCP 29.25 unless one of the following applies:
ATCP 29.26(1)(a)(a) The individual is certified under this section to engage in that activity as a commercial applicator.
ATCP 29.26(1)(b)(b) The individual is certified as a pesticide mixer and loader under s. ATCP 29.28, and is solely engaged in mixing and loading pesticides for application by others.
ATCP 29.26 NoteNote: According to s. 94.715 (2) (dm), Stats., school boards must ensure that persons making pesticide applications to public school grounds are certified under s. 94.705, Stats.
ATCP 29.26(2)(2)Scope of certification. The department may certify an individual commercial applicator in one or more categories under s. ATCP 29.31. An individual certified in any category may do any of the following:
ATCP 29.26(2)(a)(a) Use or direct the use of pesticides in that category.
ATCP 29.26(2)(b)(b) Mix or load pesticides, for application by others, in all of the categories under s. ATCP 29.31.
ATCP 29.26(3)(3)Length of certification.
ATCP 29.26(3)(a)(a) An individual commercial applicator certification is valid for 5 years unless the department suspends or revokes the certification.
ATCP 29.26(3)(b)(b) The department may certify an individual commercial applicator in additional categories under s. ATCP 29.31 during that individual’s 5-year certification period. The additional certifications are valid for the remainder of the 5-year period, and expire simultaneously at the end of that period.
ATCP 29.26(3)(c)(c) The department may renew an individual commercial applicator certification for another 5 years if the individual again satisfies the requirements for certification.
ATCP 29.26(4)(4)Special application methods; supplementary certification. No individual commercial applicator may use aircraft, chemigation, or soil fumigation to apply pesticides in any category under s. ATCP 29.31 for which that individual is certified unless that individual is also certified under s. ATCP 29.29 to apply pesticides by that method.
ATCP 29.26 NoteNote: See certification requirements under s. ATCP 30.22 (2) for applicators using metam sodium.