ATCP 29.41(1)(b)(b) Sell a pesticide if any part of the pesticide label is absent or illegible.
ATCP 29.41(1)(c)(c) Sell a pesticide in a manner inconsistent with the pesticide label.
ATCP 29.41(1)(d)(d) Sell a pesticide in a visibly broken, defective, or improperly sealed container.
ATCP 29.41(1)(e)(e) Sell a pesticide for a use which is not specifically identified on the pesticide label or, in the case of an additional registered use, on supplemental labeling which the seller receives from the pesticide manufacturer or registrant and provides to the purchaser at the time of sale.
ATCP 29.41(1)(f)(f) Make any false, deceptive, or misleading representation in connection with the sale or offer of a pesticide.
ATCP 29.41(1)(g)(g) Continue to sell any pesticide after its registration expires or is canceled, or after the department orders the pesticide removed from sale for any reason.
ATCP 29.41(2)(2)Retail sales.
ATCP 29.41(2)(a)(a) No person may sell, at retail, any substance with instructions for using that substance to formulate a pesticide unless that substance is registered as a pesticide under s. ATCP 29.05.
ATCP 29.41(2)(b)(b) Pesticides bearing the precautionary signal words “POISON”, “DANGER” or “WARNING”, when displayed at retail, shall be protected from access by children. A retail display complies with this paragraph if any of the following applies:
ATCP 29.41(2)(b)1.1. The pesticides are kept at least 42 inches above the floor.
ATCP 29.41(2)(b)2.2. The pesticides are packaged in nonbreakable tamper-resistant containers.
ATCP 29.41(2)(c)(c) Pesticides displayed at retail shall be adequately separated from food, feed, and other products so they will not contaminate or be mistaken for those products.
ATCP 29.41(3)(3)Retail sales of landscape pesticides. No person may sell at retail, to any person other than a certified commercial applicator, any landscape pesticide as defined in s. ATCP 29.56 (1) (f) unless that person displays all of the following items at the point of sale and offers them to the buyer at no additional charge at the time of sale:
ATCP 29.41(3)(a)(a) Warning signs containing the information shown in ch. ATCP 29 Appendix F. Each warning sign shall be all of the following:
ATCP 29.41(3)(a)1.1. At least 4 inches by 5 inches in size.
ATCP 29.41(3)(a)2.2. Professionally printed in red lettering, on a white background, according to the format shown in ch. ATCP 29 Appendix F. A warning sign may contain supplementary information beyond that shown in ch. ATCP 29 Appendix F if the information is consistent with, and does not detract from, that shown in ch. ATCP 29 Appendix F.
ATCP 29.41(3)(a)3.3. Constructed so that it remains clearly legible for at least 72 hours after it is posted, despite reasonably foreseeable adverse weather conditions.
ATCP 29.41(3)(b)(b) Pesticide information sheets which are identical to that shown in ch. ATCP 29 Appendix G.
ATCP 29.41 NoteNote: See also subch. IV related to pesticide dealers and distributors.
ATCP 29.41 HistoryHistory: Cr. Register, May, 1998, No. 509, eff. 6-1-98; corrections in (3) (a) (intro.), 2., (b) made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689.
subch. VIII of ch. ATCP 29Subchapter VIII — Pesticide Handling, Disposal And Spills
ATCP 29.45ATCP 29.45Pesticide mixing and loading; spill containment.
ATCP 29.45(1)(1)Spill containment required. Except as provided under sub. (2), no person may mix or load a pesticide at any of the following sites unless the mixing or loading operation is conducted over a spill containment surface that complies with this section:
ATCP 29.45(1)(a)(a) A site located within 100 feet of any well or surface water.
ATCP 29.45(1)(b)(b) A site, or a group of jointly owned or operated sites located within 1/2 mile of each other, at which a total of more than 1,500 pounds of dry or liquid pesticide active ingredients are mixed or loaded in any calendar year. Pesticide active ingredients under this paragraph include those contained in pesticide-fertilizer mixtures.
ATCP 29.45 NoteNote: See also ch. ATCP 33.
ATCP 29.45(2)(2)Exemptions. Subsection (1) does not apply to any of the following:
ATCP 29.45(2)(a)(a) Applying a pesticide to the waters of the state, according to ch. NR 107, in order to manage or control aquatic organisms.
ATCP 29.45(2)(b)(b) Mixing or loading a pesticide into application equipment having a total capacity of 5 gallons or less of liquid pesticide, or 50 pounds or less of nonliquid pesticide.