94.68(1)(1) No person may manufacture, formulate, package, label or otherwise produce pesticides for sale or distribution in this state, or sell or offer to sell pesticides to purchasers in this state, whether or not the sales are made wholly or partially in this state or another state, without a license from the department. A license expires on December 31 annually and is not transferable. No license is required of persons engaged only in the following: 94.68(1)(a)(a) The sale or distribution of pesticides at wholesale or retail in the immediate, unbroken container of licensed manufacturers as manufactured, produced, packaged or labeled by them. 94.68(1)(b)(b) The sale of pesticides or active ingredients to licensed manufacturers for use as a basic ingredient in the manufacture or formulation of another pesticide or for further processing, packaging or labeling. 94.68(1)(c)(c) The blending of fertilizer-pesticide mixtures in accordance with the registered pesticide label at the customer’s request for use on property owned, rented or controlled by the customer, or blending mixtures according to registered pesticide label uses for custom application by the blender. The mixtures may not be resold or redistributed. 94.68(1)(d)(d) The sale or application, as certified commercial applicators of pesticides or pesticide-fertilizer mixtures, mixed or blended by them for their own use in the commercial application of pesticides if the pesticides used for mixing and blending were obtained from a licensee under this section. 94.68(2)(2) An application for a license under sub. (1) shall be made on a form prescribed by the department. An applicant shall submit all of the following with the application: 94.68(2)(bm)(bm) A report identifying each pesticide that the applicant sells or distributes for use in this state. 94.68(3)(3) At least 15 days before a person holding a license under this section begins to sell or distribute for use in this state a pesticide product that was not identified in the person’s most recent annual license application, the person shall file a supplementary report with the information required under sub. (2) (bm) and any fees and surcharges required under s. 94.681. The department may not disclose sales revenue information submitted under s. 94.68 (2) (a) 2., 2015 stats. 94.68(5)(5) Manufacturers or labelers of pesticides shall submit to the department on request, product samples, copies of labeling or any other data or information which the department requests concerning composition and claims and representations made for pesticides manufactured or labeled by them in this state. 94.68(6)(6) The department may require a person licensed under sub. (1) to submit to the department any information which is needed in the administration of ss. 94.67 to 94.71 or ch. 160. The licensee may designate any information submitted under this subsection as a trade secret as defined in s. 134.90 (1) (c). The department may require the licensee to substantiate that the information is in fact a trade secret. Any information which the department determines to be a trade secret shall be kept confidential by the department. The department may enter into agreements with any person to allow for the review of trade secret information if the department ensures that the trade secret information will be kept confidential. The department may require a licensee to submit a summary of trade secret information for the purpose of providing information to the public. 94.68(7)(7) A license under this section does not constitute a registration of individual pesticide products within the meaning of the federal act, nor does it authorize any pesticide sale or distribution otherwise prohibited by law. 94.68194.681 Pesticide manufacturers and labelers: fees and surcharges. 94.681(1)(a)(a) “Household pesticide” means a pesticide that is any of the following: 94.681(1)(a)4.4. An insect repellant that is applied to the human body or to clothing. 94.681(1)(a)5.5. A pesticide that is used exclusively for the treatment of household pets. 94.681(1)(a)6.6. A pesticide product that is labeled exclusively for household, lawn or garden use if the product either is sold in ready-to-use form or is sold exclusively in container sizes of less than one gallon. 94.681(1)(a)7.7. A solid or liquid pesticide product that is used exclusively for the treatment of swimming pools, spas or hot tubs. 94.681(1)(b)(b) “Industrial pesticide” means a pesticide that is not a household pesticide and that is one of the following: 94.681(1)(b)1.1. Solely labeled for use on wood and contains pentachlorophenol, coal tar creosote or inorganic arsenical wood preservatives. 94.681(1)(b)2.2. Labeled for use in controlling algae, fungi, bacteria, other microscopic organisms or mollusks in or on one or more of the following and for no other use except for a use described in par. (a) 6. or 7.: 94.681(1)(b)2.a.a. Textiles, paper, leather, plastic, vinyl or other synthetic materials, metal or rubber. 94.681(1)(b)2.b.b. Paints, varnishes, other coating products, lubricants or fuels. 94.681(1)(b)2.c.c. Commercial, construction, manufacturing or industrial fluids, including adhesives, additives and pigments. 94.681(1)(b)2.d.d. Commercial, construction, manufacturing or industrial processes, equipment, devices or containers, other than those used in the production or storage of human food or animal feed. 94.681(1)(c)(c) “Nonhousehold pesticide” means a pesticide that is not a household pesticide or an industrial pesticide. 94.681(1)(e)(e) “Primary producer” means a person who manufactures an active ingredient that is used to manufacture or produce a pesticide. 94.681(2)(2) Annual license fee. An applicant for a license under s. 94.68 shall pay an annual license fee for each pesticide product that the applicant sells or distributes for use in this state during the license year. Except as provided in sub. (5) or (6), the amount of the fee for each pesticide product is $500. 94.681(3)(3) Nonhousehold pesticides; cleanup surcharge. An applicant for a license under s. 94.68 shall pay an agricultural chemical cleanup surcharge for each nonhousehold pesticide product that the applicant sells or distributes for use in this state during the license year. Except as provided in sub. (6) or s. 94.73 (15), the amount of the surcharge is $30. 94.681(3s)(3s) Payment of fees and surcharges. Before the start of a license year, and at least 15 days before beginning to sell a new pesticide product in this state, an applicant or licensee shall pay the amounts due under subs. (2) and (3). 94.681(4)(4) Primary producers; well compensation fee. A primary producer applying for a license under s. 94.68 shall pay a well compensation fee of $150. 94.681(5)(5) Unreported pesticide; increased license fee. If a person applying for or holding a license under s. 94.68 sells or distributes a pesticide product for use in this state without having filed a report for the product under s. 94.68 (2) (bm) or (3), the license fee for that product is twice the amount determined under sub. (2), except that, if the pesticide product is exempt from federal registration under 40 CFR 152.25, the license fee for that product is $250. 94.681(6)(6) Discontinued pesticide; final license fee and cleanup surcharge. A person holding a license under s. 94.68 who stops selling or distributing a pesticide product for use in this state shall do all of the following: 94.681(6)(am)(am) Notify the department by December 31 of the year in which the person stops selling or distributing the pesticide product for use in this state. 94.681(6)(bm)(bm) By December 31 of the year in which the person stopped selling or distributing the pesticide product for use in this state, pay a final license fee of $500 for the pesticide product. 94.681(6)(c)(c) If the product is a nonhousehold pesticide, pay a final agricultural chemical cleanup surcharge of $30. 94.681(7)(a)(a) License fees. The department shall deposit all license fees collected under subs. (2), (5) and (6) (bm) in the agrichemical management fund, except that the department shall deposit an amount equal to $108 for each pesticide product for which an applicant pays a license fee in the environmental fund for environmental management. 94.681(7)(b)(b) Nonhousehold pesticides; cleanup surcharge. The department shall deposit the surcharges collected under subs. (3) and (6) (c) in the agricultural chemical cleanup fund. 94.681(7)(c)(c) Well compensation fee. The department shall deposit the well compensation fees collected under sub. (4) in the environmental fund for environmental management. 94.681(8)(8) Fees and surcharges nonrefundable. The department may not refund a fee or surcharge under this section after the department issues a license under s. 94.68 to the person who paid the fee or surcharge, unless the fee or surcharge was not properly charged or collected. 94.68594.685 Pesticides; licensing of dealers and distributors of restricted-use pesticides. 94.685(1)(1) No dealer or distributor may sell or offer to sell a restricted-use pesticide in this state, whether or not the sale is made wholly or partially in this state or another state, without a license issued by the department under this section. A license expires on December 31 annually and is not transferable. 94.685(2)(a)(a) A dealer or distributor applying for an annual license under sub. (1) shall apply on a form provided by the department. The application shall include the applicant’s full name and the mailing address and street address of each business location from which the applicant sells, or intends to sell, restricted-use pesticides. The applicant shall submit the license fee and surcharge required under sub. (3) with the application. 94.685(2)(b)(b) No dealer or distributor may sell any restricted-use pesticide from a sales location opened during a license year until that dealer or distributor pays the license fee and surcharge required under sub. (3) for the new location. 94.685(3)(a)(a) A dealer or distributor shall pay the following annual license fee and surcharge for each location from which the dealer or distributor sells restricted-use pesticides: 94.685(3)(b)1.1. The department shall deposit the fee under par. (a) 1. in the agrichemical management fund. 94.685(3)(b)2.2. The department shall deposit the surcharge collected under par. (a) 2. in the agricultural chemical cleanup fund. 94.6994.69 Pesticides; rules. 94.69(1)(1) The department may promulgate rules: 94.69(1)(a)(a) To declare as a pest any form of plant or animal life or virus which is injurious to plants, persons, animals or substances. 94.69(1)(b)(b) To determine which pesticides and substances contained therein are highly toxic to persons. 94.69(1)(c)(c) To determine standards of coloring or discoloring for pesticides. 94.69(1)(d)(d) To carry out the provisions of ss. 94.67 to 94.71, including the sale, distribution or storage of pesticides, the collection and examination of pesticide samples, and the removal of pesticides from sale after registration has been canceled or if otherwise being sold, offered or exposed for sale in violation of the law or rules of the department. 94.69(1)(e)(e) To govern the labeling of pesticides, including the use of precautionary or warning statements, the declaration of ingredients, and the giving of adequate instructions or directions for use. 94.69(1)(f)(f) To establish reasonable standards for the packaging of those pesticides which the department finds require special care in packaging and to the extent found necessary to prevent injury to the public. 94.69(1)(g)(g) To require permits or notice to the department prior to the shipment or use of pesticides for experimental or research purposes, including conditions under which such permits may be granted or notice required. 94.69(1)(h)(h) To govern the conditions under which containers of pesticides may be transported, stored or disposed of. 94.69(1)(i)(i) To govern the use of pesticides, including their formulations, and to determine the times and methods of application and other conditions of use. 94.69(1)(j)(j) The department shall promulgate rules when it determines that it is necessary for the protection of persons or property from serious pesticide hazards and that its enforcement is feasible and will substantially eliminate or reduce such hazards. In making this determination the department shall consider the toxicity, hazard, effectiveness and public need for the pesticides, and the availability of less toxic or less hazardous pesticides or other means of pest control. These rules do not affect the application of any other statutes or rules promulgated under those statutes. 94.69(1)(k)(k) To register pesticides formulated for distribution and use within this state to meet special local needs as authorized under the federal act and impose fees reasonably calculated to cover the cost of registration. 94.69(1)(L)(L) To exempt any pesticides from the application of ss. 94.67 to 94.71 which are adequately regulated under other state or federal laws or which are of such a character that the regulation of their use is unnecessary for the protection of health and the environment. 94.69(2)(a)(a) Notwithstanding sub. (1) (i) and ss. 160.19 and 160.21, the department may not promulgate a rule prohibiting the use of atrazine in part or all of the area described in par. (b), based on a sample of groundwater taken before June 17, 1998, with a concentration of total chlorinated atrazine residue that attains or exceeds the enforcement standard if the concentration of total chlorinated atrazine residue in a subsequent sample of groundwater from the same sampling point is less than the enforcement standard, except that the department may promulgate a rule prohibiting the use of atrazine in part or all of the area described in par. (b) based on a sample of groundwater taken after June 17, 1998, in which the concentration of total chlorinated atrazine residue attains or exceeds the enforcement standard. 94.69(2)(b)(b) Paragraph (a) applies to an area in the town of North Lancaster, Grant County, described as follows: SE-1/4 of Sec. 7, S-1/2 of Sec. 8, SW-1/4 of Sec. 9, W-1/2 of Sec. 16, Sec. 17, E-1/2 of Sec. 18, NE-1/4 of Sec. 19, N-1/2 of Sec. 20 and NW-1/4 of Sec. 21, T. 5 N., R. 3 W. 94.69 Cross-referenceCross-reference: See s. 94.709 for prohibition of use of DDT and exceptions to the prohibition. 94.69 AnnotationWhen a criminal action is brought for a violation of the ch. 94 prohibition of the deposit of pesticides in public waters of the state, the proceeding is not barred by a civil action to recover the statutory value of the fish killed by the pesticides. 62 Atty. Gen. 130 (1974).
94.69794.697 Railroad pesticide use. 94.697(1)(1) Definition. In this section “railroad” means a person that owns or operates any railroad or part of a railroad as a common carrier in this state.
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