ATCP 29.01(40)(40) “Toxicity” means the tendency or capacity of a pesticide to cause adverse physiological effects. ATCP 29.01(41)(41) “Use” a pesticide means to mix or load a pesticide, apply a pesticide, or engage in any of the following activities which is related to the mixing, loading, or application of a pesticide: ATCP 29.01(41)(a)(a) Activities which the pesticide label requires of the mixer, loader, or applicator. ATCP 29.01(41)(b)(b) Handling an open pesticide container, other than an empty container that has been triple-rinsed or cleaned according to the pesticide label. ATCP 29.01(41)(c)(c) Cleaning or rinsing an open pesticide container, pesticide application equipment, or a mix or nurse tank. ATCP 29.01(42)(42) “Water supply tank” means a tank or container that holds or supplies water for a pesticide use, but does not contain any pesticide or pesticide residue. ATCP 29.01(43)(43) “Waters of the state” means those portions of Lake Michigan and Lake Superior, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, water courses, drainage systems, and other surface or ground water, whether public or private, within the state or its jurisdiction. ATCP 29.01 HistoryHistory: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 12-003: cr. (8m), (24m), (25m), (37m) Register May 2013 No. 689, eff. 6-1-13. ATCP 29.02ATCP 29.02 Declaration of pests. The following organisms and viruses are declared to be pests when present under circumstances where they may be injurious to persons, property, or the environment: ATCP 29.02(2)(2) Plants, fungi, or their parts growing where not wanted. ATCP 29.02(3)(3) Microscopic organisms or viruses other than those on or in living animals or humans. ATCP 29.02 NoteNote: See s. 94.69 (1), Stats. A pesticide may be used against a “pest” only if it is registered and labeled for that purpose and used according to label directions. Pesticide use against certain “pests” may be limited by applicable law. ATCP 29.02 HistoryHistory: Cr. Register, May, 1998, No. 509, eff. 6-1-98. ATCP 29.05ATCP 29.05 Pesticide registration. No person may sell or distribute any pesticide unless that pesticide is one of the following: ATCP 29.05(1)(1) Registered or permitted by the federal environmental protection agency under the federal act. ATCP 29.05(2)(2) Specifically exempted from registration under the federal act. ATCP 29.05 HistoryHistory: Cr. Register, May, 1998, No. 509, eff. 6-1-98. ATCP 29.06ATCP 29.06 Pesticide labeling. No person may sell or distribute any pesticide unless that pesticide is labeled in compliance with s. 94.676, Stats., and the federal act. The pesticide label shall include all of the following: ATCP 29.06(1)(1) The federal pesticide registration number if the federal environmental protection agency has registered the pesticide under the federal act. Pesticides exempted from federal registration by 40 CFR 152.25 shall be labeled in compliance with applicable requirements under 40 CFR 152.25. ATCP 29.06(2)(2) The state pesticide registration number if the department has registered the pesticide under s. ATCP 29.72 to meet a special local need in this state. ATCP 29.06(3)(3) The name and address of a person licensed under s. ATCP 29.10 who is responsible as the manufacturer, registrant, or supplemental registrant of the pesticide product. ATCP 29.06 HistoryHistory: Cr. Register, May, 1998, No. 509, eff. 6-1-98.