ATCP 29.05ATCP 29.05Pesticide 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(3)(3)Registered by the department under s. ATCP 29.72 to meet a special local need in this state.
ATCP 29.05 HistoryHistory: Cr. Register, May, 1998, No. 509, eff. 6-1-98.
ATCP 29.06ATCP 29.06Pesticide 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.
subch. III of ch. ATCP 29Subchapter III — Pesticide Manufacturers and Labelers
ATCP 29.10ATCP 29.10Pesticide manufacturers and labelers; license.
ATCP 29.10(1)(1)License required. Except as provided under sub. (2), no person may manufacture, formulate, package, label, or produce any pesticide for sale or distribution in this state, or sell or distribute any pesticide in this state, without an annual license from the department. A license expires on December 31 of each year and is not transferable.
ATCP 29.10 NoteNote: See s. 94.68, Stats.
ATCP 29.10(2)(2)Exemptions. The following persons are not required to obtain a license under sub. (1):
ATCP 29.10(2)(a)(a) An individual, employed by a license holder under sub. (1), who engages in activities under sub. (1) solely on behalf of the license holder and not on the individual’s own behalf.
ATCP 29.10(2)(b)(b) A person engaged in the following activities:
ATCP 29.10(2)(b)1.1. Selling or distributing a pesticide product in a sealed and unopened container which a person licensed under sub. (1) has packaged and labeled according to s. ATCP 29.06.
ATCP 29.10(2)(b)2.2. Selling a pesticide or active ingredient to a pesticide manufacturer licensed under sub. (1), for use as a basic ingredient in the manufacture or formulation of another pesticide, or for further processing, packaging, or labeling.
ATCP 29.10(2)(b)3.3. Blending a pesticide mixture or pesticide-fertilizer mixture at a customer’s request, according to the pesticide label, for use on property which the customer owns or controls. This exemption does not apply if the mixture is resold or redistributed to any other person, or for use on any other property.
ATCP 29.10(2)(b)4.4. Blending a pesticide mixture or pesticide-fertilizer mixture according to the pesticide label, for application by the blender, provided that the blender is licensed under s. ATCP 29.20 or exempted under s. ATCP 29.20 (2).
ATCP 29.10(2)(b)5.5. Applying a pesticide mixture or pesticide-fertilizer mixture that the person has blended according to the pesticide label, provided that the person is licensed under s. ATCP 29.20 or exempted under s. ATCP 29.20 (2).
ATCP 29.10(2)(b)6.6. The repackaging of a bulk pesticide.
ATCP 29.10(2)(c)(c) A supplemental registrant identified on a pesticide product label if both of the following apply:
ATCP 29.10(2)(c)1.1. The product label also bears the name and address of a manufacturer or registrant licensed under sub. (1).
ATCP 29.10(2)(c)2.2. The name of the supplemental registrant is qualified by appropriate wording such as “Packed for...,” “Distributed by...”, or “Sold by...” to show that the name of the supplemental registrant is not that of a licensed manufacturer or registrant.
ATCP 29.10(3)(3)License application. A person applying for a license under sub. (1) shall apply on a form provided by the department. An application shall include all of the following:
ATCP 29.10(3)(a)(a) The applicant’s name and address as they appear on pesticide labels. If the applicant has more than one name or address appearing on pesticide labels, the applicant shall include all of those names and addresses in the license application.
ATCP 29.10(3)(b)(b) All fees and surcharges required under s. ATCP 29.11.