ATCP 29.15 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; am. (4) (b), Register, May, 2000, No. 533, eff. 6-1-00; CR 01-021: am. (4) (b), Register October 2001 No. 550, eff. 11-1-01; CR 08-075: am. (4) (b) Register April 2009 No. 640, eff. 5-1-09; CR 12-003: am. (4) (b), (8) (f), (g) Register May 2013 No. 689, eff. 6-1-13; CR 14-047: am. (4) (b) Register May 2015 No. 713, eff. 6-1-15; CR 22-080: am. (4) (b) Register February 2024 No. 818, eff. 3-1-24.

ATCP 29.16 ATCP 29.16 Pesticide sales records. A person who sells or distributes pesticides shall record the amounts and brand names of pesticides which that person sells or distributes. The person shall retain the records for at least 2 years, and shall make them available to the department for inspection and copying upon request. Individual employees who sell or distribute pesticides only on behalf of their employer, and not on their own behalf, need not keep personal copies of records which their employer keeps under this section.

ATCP 29.16 Note Note: Section ATCP 29.16 applies to persons who sell or distribute pesticides of any kind, not just those who sell or distribute restricted-use pesticides. Records must show the amounts and brand names of all pesticides sold, not just restricted-use pesticides sold.

ATCP 29.16 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

subch. V of ch. ATCP 29 Subchapter V — Commercial Application Businesses

ATCP 29.20 ATCP 29.20 Commercial application business; license.

ATCP 29.20(1) (1) License required. Except as provided under sub. (2), no person may do any of the following, either directly or through an employee, without an annual license from the department:

ATCP 29.20(1)(a) (a) Use or direct the use of any pesticide as an independent contractor for hire.

ATCP 29.20(1)(b) (b) Use or direct the use of a restricted-use pesticide.

ATCP 29.20 Note Note: See s. 94.703, Stats. A sole proprietor licensed under this section may also be required to obtain a license as an individual commercial applicator under s. ATCP 29.25.

ATCP 29.20(2) (2) Exemptions. The following persons are not required to obtain a license under sub. (1):

ATCP 29.20(2)(a) (a) A government entity.

ATCP 29.20(2)(b) (b) An individual, employed by a person licensed under sub. (1), who uses or directs the use of pesticides solely on behalf of that employer and not on the individual’s own behalf.

ATCP 29.20(2)(c) (c) A person applying pesticides as part of a medical treatment provided by a licensed medical practitioner, or as part of a veterinary treatment provided by a licensed veterinary practitioner.

ATCP 29.20(2)(d) (d) A person applying pesticides in the laboratory in the course of bona fide laboratory research.

ATCP 29.20(2)(e) (e) A person applying germicides, sanitizers, or disinfectants.

ATCP 29.20(2)(f) (f) An agricultural producer, except that an agricultural producer who does any of the following is not exempt:

ATCP 29.20(2)(f)1. 1. Uses or directs the use of pesticides for a person who is not an agricultural producer.

ATCP 29.20(2)(f)2. 2. Uses or directs the use of pesticides for another agricultural producer for a purpose other than the production of agricultural commodities, or for the purpose of producing pesticide-treated commercial seed or pesticide-treated commercial wood products.

ATCP 29.20(2)(f)3. 3. For compensation other than the exchange of goods or services, uses or directs the use of pesticides for more than 3 other agricultural producers in any calendar year.

ATCP 29.20(2)(f)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 29.20(3) (3) License expiration. A license under sub. (1) expires on December 31 annually and is not transferable to another person.

ATCP 29.20(4) (4) License application. An applicant for an annual license under sub. (1) shall apply on a form provided by the department. The application shall include all of the following information, together with the fees required under sub. (6):

ATCP 29.20(4)(a) (a) The applicant’s correct name, mailing address, and street address. The application shall specify whether the applicant is an individual, corporation, or other business entity.

ATCP 29.20(4)(b) (b) Every other name under which the applicant does business.

ATCP 29.20(4)(c) (c) The mailing address and street address of each business location under sub. (5). If 2 or more license applicants engage in activities under sub. (5) at the same business location, all of those applicants shall identify that business location in their own applications.

ATCP 29.20(4)(d) (d) The complete name and license number of each of the applicant’s employees who are required to be licensed under s. ATCP 29.25.

ATCP 29.20(4)(e) (e) Other information reasonably required by the department for the administration of this section.

ATCP 29.20(5) (5) Business locations. A business location under this section means any of the following: