ATCP 29.21(2)(e)
(e) The month, day, year and approximate starting and ending time of the pesticide application.
ATCP 29.21(2)(f)
(f) The brand name or product name or common chemical name, and the federal environmental protection agency registration number, of each pesticide applied.
ATCP 29.21(2)(g)2.
2. The amount of each pesticide applied per unit area and the total area treated.
ATCP 29.21(2)(h)
(h) Each location, other than a business location licensed under
s. ATCP 29.20, at which the pesticide was mixed or loaded. Mixing and loading sites need not be identified if the pesticide is applied directly from a prepackaged retail container, or is applied with application equipment having a total capacity of not more than 5 gallons of liquid pesticide or 50 pounds dry pesticide.
ATCP 29.21 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98.
ATCP 29.22
ATCP 29.22
Commercial application business; information to customers. Within 30 days after making a pesticide application for a customer, either directly or through an employee, a person required to be licensed under
s. ATCP 29.20 shall provide that customer with all of the following information in writing:
ATCP 29.22(1)
(1) A telephone number at which the customer may contact the person.
ATCP 29.22(2)
(2) The first name, last name and license number of each individual who made or directly supervised the pesticide application.
ATCP 29.22(3)
(3) The crop, commodity or site to which the pesticide was applied.
ATCP 29.22(4)
(4) The specific location of the pesticide application site.
ATCP 29.22(5)
(5) The month, day, year and approximate starting and ending time of the pesticide application.
ATCP 29.22(6)
(6) The brand name or product name or common chemical name, and the federal environmental protection agency registration number of each pesticide applied.
ATCP 29.22 Note
Note: Under federal worker protection rules, a commercial application business making a pesticide application for an "agricultural establishment" as defined under s.
ATCP 29.60 (3) must also provide that customer with the names of the pesticide active ingredients applied.
ATCP 29.22(7)(a)
(a) The concentration and total quantity of each pesticide applied.
ATCP 29.22(7)(b)
(b) The amount of each pesticide applied per unit area and the total area treated.
ATCP 29.22(8)
(8) Post-application precautions which the pesticide label requires of the customer. This information shall be provided in time for the customer to take the required precautions.
ATCP 29.22 Note
Note: For example, pesticide labels might require customers to observe post-application precautions such as restricted entry intervals, preharvest intervals, grazing intervals and subsequent planting restrictions.
ATCP 29.22(9)
(9) A free copy of the pesticide label, or notice that the customer may request a free copy. The person shall provide a free copy to each customer who requests it.
ATCP 29.22 Note
Note: Applicators making certain types of pesticide applications must comply with additional notification requirements under subchs. IX and X. This section does not limit the applicator's responsibility under those subchapters. Under s.
ATCP 29.55, businesses applying pesticides to residential structures must provide information to residents at the time of application. Under s.
ATCP 29.56, a commercial application business making a landscape application for a customer must provide that customer with information at the time of application.
ATCP 29.22 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98.
ATCP 29.23
ATCP 29.23
Veterinary clinic applying pesticides. ATCP 29.23(1)(1)
Permit required. No person may operate a veterinary clinic at which pesticides are used, repackaged for use, or prescribed for use unless that person holds an annual permit from the department. A permit expires on December 31 of each odd-numbered year and may not be transferred between persons. A single permit covers all clinic locations operated by the permit holder.
ATCP 29.23 Note
Note: See s. 94.702,
Stats.
ATCP 29.23(2)
(2) Applying for a permit. An applicant for a permit under
sub. (1) shall apply on a form provided by the department. The application shall include all of the following:
ATCP 29.23(2)(a)
(a) The applicant's correct name and address. The application shall indicate whether the applicant is an individual, corporation, partnership, limited liability company or other entity.
ATCP 29.23(2)(b)
(b) The name, complete mailing address and complete street address of the veterinary clinic. If the clinic operates from more than one location, the application shall include the addresses of all of those locations.
ATCP 29.23(2)(c)
(c) The name, and license number under
s. ATCP 29.25 if any, of every individual affiliated with the veterinary clinic who prescribes, repackages, uses or directs the use of pesticides.
ATCP 29.23 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98.
ATCP 29.25
ATCP 29.25
Individual commercial applicator; license. ATCP 29.25(1)(1)
License required. Except as provided under
sub. (2), no individual may do any of the following without an annual license from the department:
ATCP 29.25(1)(a)
(a) Use or direct the use of any pesticide as an independent contractor for hire, or as an employee of an independent contractor for hire.
ATCP 29.25 Note
Note: See s.
94.704, Stats. A license under this section entitles the license holder to engage only in those activities for which the license holder is also certified for competency under s.
ATCP 29.26. An individual who is the sole proprietor of a pesticide application business must be licensed under s.
ATCP 29.20 and this section.
ATCP 29.25(2)
(2) Exemptions. No license is required under
sub. (1) for any of the following:
ATCP 29.25(2)(a)
(a) A health practitioner who uses or directs the use of a pesticide as part of a medical treatment which that practitioner is licensed to provide in this state.
ATCP 29.25(2)(b)
(b) A veterinarian, affiliated with a veterinary clinic whose operator holds a permit under
s. ATCP 29.23, who uses or directs the use of a pesticide as part of a veterinary treatment which that veterinarian is licensed to provide in this state.
ATCP 29.25(2)(c)
(c) An animal technician, affiliated with a veterinary clinic whose operator holds a permit under
s. ATCP 29.23, who uses a pesticide as part of a veterinary treatment which that technician is certified to provide under
ch. 453, Stats.
ATCP 29.25(2)(d)
(d) A laboratory researcher who uses or directs the use of pesticides only in the laboratory as part of a bona fide laboratory research project.
ATCP 29.25(2)(e)
(e) An individual who only uses or directs the use of germicides, sanitizers or disinfectants.
ATCP 29.25(2)(f)
(f) An employee of a pesticide application business licensed under
s. ATCP 29.20 who applies pesticides only to property owned or controlled by that pesticide application business, and who applies no restricted-use pesticides.
ATCP 29.25 Note
Note: A trainee registration under s.
ATCP 29.32 expires 30 days after the trainee's employer files the registration with the department.
ATCP 29.25(2)(h)
(h) An agricultural producer, except that an agricultural producer who does any of the following is not exempt:
ATCP 29.25(2)(h)1.
1. Uses or directs the use of pesticides for a person who is not an agricultural producer.
ATCP 29.25(2)(h)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 29.25(2)(h)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 29.25(2)(h)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 29.25(3)(a)(a) A license under
sub. (1) expires on December 31 annually and is not transferable between persons.
ATCP 29.25(3)(b)
(b) An individual licensed under
sub. (1) shall carry the license when engaged in any activity for which the license is required.
ATCP 29.25(3)(c)
(c) The department may not issue a license under
sub. (1) to an individual who is less than 16 years old.
ATCP 29.25(4)
(4) License application. An applicant for a license under
sub. (1) shall apply on a form provided by the department. An application shall include all of the following information, together with the fees required under
sub. (5):
ATCP 29.25(4)(a)
(a) The applicant's complete name, mailing address and street address.
ATCP 29.25(4)(b)
(b) The applicant's business name and address if the individual is engaged in business as a sole proprietor.
ATCP 29.25(4)(c)
(c) The name and address of the person, if any, who employs the applicant to use or direct the use of pesticides.
ATCP 29.25(4)(d)
(d) Any other information which the department reasonably requires to administer this section.
ATCP 29.25(5)(a)(a) Except as provided under
par. (b), an applicant for an annual license under
sub. (1) shall pay the following annual license fee and surcharge:
ATCP 29.25(5)(a)1.
1. A license fee of $40, except that the license fee is $30 for each of the license years beginning January 1, 1999 and January 1, 2000.
ATCP 29.25 Note
Note: Section
1943,
1999 Wis. Act 9, added January 1, 2001 and January 1, 2002 to this requirement.
ATCP 29.25(5)(b)
(b) No fee or surcharge is required under
par. (a) for an applicant who uses or directs the use of pesticides under
sub. (1) only as a government employee or as an employee of a public or private educational institution.
ATCP 29.25(6)
(6) Action on license application.. The department shall grant or deny an application under
sub. (4) within 30 business days after the department receives a complete application.
ATCP 29.25 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98; am. (5) (a) 1. and 2.,
Register, May, 2000, No. 533, eff. 6-1-00;
CR 01-021: am. (5) (a) 2.,
Register October 2001 No. 550, eff. 11-1-01;
CR 08-075: am. (5) (a) 2.
Register April 2009 No. 640, eff. 5-1-09.
ATCP 29.26
ATCP 29.26
Individual commercial applicator; certification. ATCP 29.26(1)(1)
Certification required. No individual may engage in any activity for which a license is required under
s. ATCP 29.25 unless one of the following applies:
ATCP 29.26(1)(a)
(a) The individual is certified under this section to engage in that activity as a commercial applicator.
ATCP 29.26(1)(b)
(b) The individual is certified as a pesticide mixer and loader under
s. ATCP 29.28, and is solely engaged in mixing and loading pesticides for application by others.
ATCP 29.26 Note
Note: According to s.
94.715 (2) (dm), Stats., school boards must ensure that persons making pesticide applications to public school grounds are certified under s.
94.705, Stats.
ATCP 29.26(2)
(2) Scope of certification. The department may certify an individual commercial applicator in one or more categories under
s. ATCP 29.31. An individual certified in any category may do any of the following:
ATCP 29.26(3)(a)(a) An individual commercial applicator certification is valid for 5 years unless the department suspends or revokes the certification.
ATCP 29.26(3)(b)
(b) The department may certify an individual commercial applicator in additional categories under
s. ATCP 29.31 during that individual's 5-year certification period. The additional certifications are valid for the remainder of the 5-year period, and expire simultaneously at the end of that period.
ATCP 29.26(3)(c)
(c) The department may renew an individual commercial applicator certification for another 5 years if the individual again satisfies the requirements for certification.
ATCP 29.26(4)
(4) Special application methods; supplementary certification. No individual commercial applicator may use aircraft, chemigation or soil fumigation to apply pesticides in any category under
s. ATCP 29.31 for which that individual is certified unless that individual is also certified under
s. ATCP 29.29 to apply pesticides by that method.
ATCP 29.26 Note
Note: See certification requirements under s.
ATCP 30.22 (2) for applicators using metam sodium.
ATCP 29.26(5)(a)(a) Within 30 business days after an individual commercial applicator satisfies the requirements for certification under this section, the department shall issue a commercial applicator certification card to that individual. The card shall include all of the following:
ATCP 29.26(5)(a)2.
2. A statement indicating the categories under
s. ATCP 29.31 in which the individual is certified as a commercial applicator.
ATCP 29.26(5)(a)3.
3. A statement indicating that the individual is certified under
s. ATCP 29.29 to apply pesticides by means of aerial application, chemigation or soil fumigation, if that is the case.
