ATCP 29.51(2) (2) Aerial applications. An individual may request advance notice of aerial pesticide applications to land immediately adjacent to that individual’s residence, as provided under s. ATCP 29.53 (2).

ATCP 29.51(3) (3) Residential applications. A person hired by a customer to make a residential pesticide application shall offer that customer pre-application information as provided under s. ATCP 29.55 (2).

ATCP 29.51(4) (4) Landscape applications.

ATCP 29.51(4)(a) (a) A person hired by a customer to make a landscape application shall offer that customer pre-application information as provided under s. ATCP 29.56 (2).

ATCP 29.51(4)(b) (b) An individual may register, under s. ATCP 29.56 (7), to receive advance notice of commercial landscape applications to land immediately adjacent to that individual’s residence.

ATCP 29.51(5) (5) Applications affecting agricultural workers. Persons employing agricultural workers, or applying pesticides to places where agricultural workers are employed, shall give prior notice of pesticide applications as required by s. ATCP 29.61.

ATCP 29.51 Note Note: See also s. ATCP 29.22.

ATCP 29.51 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

ATCP 29.52 ATCP 29.52 Warning signs at application sites.

ATCP 29.52(1) (1) Agricultural pesticide applications; warning to public.

ATCP 29.52(1)(a) (a) A responsible person under par. (b) shall post warning signs at a site where a dual notice agricultural pesticide is applied for agricultural purposes if that site is located within 300 feet of a residence, migrant labor camp, school, playground, day care facility, health care facility, commercial or industrial facility, public recreation area, or other nonagricultural area except a public road, where individuals are likely to be present during the restricted entry interval specified on the pesticide label. The warning signs shall comply with sub. (8).

ATCP 29.52 Note Note: See definition of “dual notice agricultural pesticide” in ss. ATCP 29.01 (17) and 29.60 (9). This subsection applies to all persons applying “dual notice” agricultural pesticides for agricultural purposes — not just agricultural employers. The warning notices are intended to protect both the general public and agricultural workers.

ATCP 29.52(1)(b) (b) The following persons are individually and jointly responsible for posting warning signs under par. (a):

ATCP 29.52(1)(b)1. 1. The person who operates or controls the premises at which the pesticide is applied.

ATCP 29.52(1)(b)2. 2. The pesticide applicator.

ATCP 29.52(1)(b)3. 3. The pesticide applicator’s employer, if any.

ATCP 29.52 Note Note: The persons identified under par. (b) may contract between themselves to post warning signs under par. (a), but any or all of them may be held liable if the warning signs are not properly posted.

ATCP 29.52(2) (2) Agricultural pesticide applications; warning to workers. An agricultural employer shall post worker protection warning signs as required under s. ATCP 29.62.

ATCP 29.52(3) (3) Nonagricultural pesticide applications; restricted entry intervals.

ATCP 29.52(3)(a) (a) A responsible person under par. (b) shall post warning signs at a pesticide application site, other than a site under sub. (1), if the pesticide label prescribes a restricted entry interval for that pesticide application. The warning signs shall comply with sub. (8).

ATCP 29.52 Note Note: A label which merely directs individuals to stay off the treated area until the pesticide dries does not prescribe a “restricted entry interval” for purposes of sub. (3).

ATCP 29.52(3)(b) (b) The following persons are individually and jointly responsible for posting warning signs under par. (a):

ATCP 29.52(3)(b)1. 1. The person who operates or controls the premises at which the pesticide is applied.

ATCP 29.52(3)(b)2. 2. The pesticide applicator.

ATCP 29.52(3)(b)3. 3. The pesticide applicator’s employer, if any.

ATCP 29.52 Note Note: The persons identified under par. (b) may contract between themselves to post warning signs under par. (a), but any or all of them may be held liable if the warning signs are not properly posted.

ATCP 29.52(4) (4) Chemigation applications. A person operating a chemigation system shall post warning signs at the chemigation application site as required under s. ATCP 29.54 (17).

ATCP 29.52(5) (5) Residential applications. A person making a residential application shall give notice to residents as required under s. ATCP 29.55 (3) and (4).

ATCP 29.52 Note Note: A person making a residential application must also post warning signs under sub. (3) if the pesticide label prescribes a restricted entry interval.