94.704
94.704
Pesticides; licensing of individual commercial applicators. 94.704(1)(1) No person may act as an individual commercial applicator without a license issued by the department under this section. A license expires on December 31 annually and is not transferable. A licensee shall carry the license on his or her person at all times when acting as an individual commercial applicator. No license is required of a private applicator who applies pesticides solely as a private applicator or only on an occasional or incidental basis as a commercial applicator.
94.704(2)
(2) An application for a license under this section shall be submitted on a form provided by the department and shall be accompanied by the license fee required under
sub. (3). A license application shall include all of the following information, which shall be promptly updated by the licensee in the event of any change during the license period:
94.704(2)(a)
(a) The complete name, mailing address and street address of the licensee.
94.704(2)(b)
(b) If the licensee is engaged in business as a sole proprietor, the licensee's business name and address if different than the licensee's personal name and address.
94.704(2)(c)
(c) If the licensee is employed by a commercial application business, the name and address of the employing commercial application business.
94.704(2)(d)
(d) Any other information reasonably required by the department for the administration of this section.
94.704(3)(a)(a) Except as provided under
par. (b), a licensee under this section shall pay an annual license fee of $60. The department shall deposit all license fees collected under this paragraph in the agrichemical management fund.
94.704(3)(b)
(b) No license fee is required under
par. (a) for a government employe or an employe of a public or private educational institution if the employe's activities as an individual commercial applicator fall within the scope of his or her employment by the governmental unit or educational institution.
94.704(4)
(4) No licensee under this section may use or direct the use of any pesticide unless the licensee is certified under
s. 94.705 in the applicable use category.
94.705
94.705
Pesticides; certification requirements and standards. 94.705(1)(a)1.1. No person may use or direct the use of a restricted-use pesticide as a private applicator unless the person is certified as a private applicator in the applicable pesticide use category under this section.
94.705(1)(a)2.
2. No person may use or direct the use of any pesticide as a commercial applicator unless the person is all of the following:
94.705(1)(a)2.a.
a. Certified as a commercial applicator in the applicable pesticide use category under this section.
94.705(1)(a)2.b.
b. Licensed as an individual commercial applicator under
s. 94.704. This
subd. 2. b. does not apply to a private applicator who uses or directs the use of a pesticide as a commercial applicator on an occasional or incidental basis only.
94.705(1)(b)
(b) Applications for certification shall be submitted on forms prescribed by the department and shall specify the category of pesticide use and application for which application for certification is made. Certifications shall be valid for a period of 5 years from date of issuance or renewal, unless terminated or suspended by the department for failure to comply with the terms and conditions of its issuance or for violation of
ss. 94.67 to
94.71 or rules or orders issued under
ss. 94.67 to
94.71. Certifications may be changed or amended during the 5-year period for which issued by the addition of other categories of pesticide use and application for which the applicator was not certified at the beginning of the certification period, but all the changes or amendments shall expire concurrently with the end of the 5-year certification period.
94.705(1)(c)
(c) A certified private applicator may be granted an additional 5 years of certification upon the expiration of his or her certification, under one of the certification options under
sub. (5). A certified commercial applicator may be granted an additional 5 years of certification upon the expiration of his or her certification, subject to a written examination approved by the department.
94.705(1)(d)
(d) Except as provided under
sub. (4), no commercial applicator may be certified except upon satisfactory completion of a written examination. The examination shall be designed to test the applicant's competency in each category of pesticide use for which the applicant seeks certification.
94.705(2)
(2) Certification standards. Notwithstanding
s. 250.09, the department shall, by rule, adopt standards for the training and certification of private and commercial applicators, at least equal to but not to exceed federal standards adopted under the federal act. In the adoption of the standards, separate categories of pesticide use and application may be established for certification purposes depending on the specific types of pesticides used, the purposes for which they are used, types of equipment required in their application, the degree of knowledge and skill required and other factors which may warrant the creation of different categories. The standards shall provide that individuals to be certified must be competent with respect to the use and application of pesticides in the various categories of pesticide use and application for which certification is desired. For commercial applicators, competence in the use and handling of pesticides shall be determined on the basis of written examinations.
94.705(3)
(3) Records; reports. Certified commercial applicators, including nonresident commercial applicators, shall maintain records of amounts, dates, types, places and uses of all pesticides as prescribed by the department. Records shall be kept for 2 years and shall be open to and available for inspection at all reasonable times by the department or cooperating governmental enforcement agencies.
94.705(4)(a)(a) The department may, without examination or training in this state, certify a nonresident to use or direct the use of pesticides in a specific pesticide use category if the nonresident meets all of the following requirements:
94.705(4)(a)1.
1. The person is certified to use pesticides, in the same or similar pesticide use category, under laws or programs in the person's state of residence which have requirements for certification equivalent to this section and
ss. 94.703 and
94.704 and the rules under this section and
ss. 94.703 and
94.704. In order to be certified without examination as a commercial applicator in this state, the person must be certified as a commercial applicator in the person's state of residence.
94.705(4)(a)2.
2. The person's license or certification in the state of residence has not been denied, suspended or revoked under the federal act or by the state of residence.
94.705(4)(b)
(b) An application for nonresident certification under
par. (a) shall be made on a form provided by the department. The department may require an applicant to submit any information that is reasonably necessary for the administration of this subsection. An application under this subsection shall be accompanied by a nonrefundable fee of $75, except that no fee is required for the certification of a nonresident as a private applicator. The department shall deposit the fees collected under this paragraph in the agrichemical management fund.
94.705(4)(c)
(c) A certification issued under this subsection expires on December 31 of the year of issuance and is not transferable. If the holder of a nonresident certification becomes a resident of this state, the nonresident certification may not be renewed after its expiration date.
94.705(5)
(5) Private applicators. The department shall certify resident private applicators to use restricted-use pesticides in any of the following ways, as it deems appropriate:
94.705(5)(a)
(a)
Certification by training session. A private applicator may attend a pesticide applicator training session approved by the department. The training shall cover all areas of competency necessary to comply with standards under the federal act. No person seeking certification under this paragraph may be required to take a written examination in order to obtain certification. Upon successful completion of the training session the applicator shall be granted certification for 5 years.
94.705(5)(b)
(b)
Certification by examination. A private applicator may take a written examination approved by the department including all areas of competency necessary to comply with the federal act. Certification for 5 years shall be granted to the applicator upon successful completion of the examination. A private applicator may engage in a self-study program using training materials available in training sessions under
par. (a). Written examinations shall be given at a designated department office, county extension office or at a site approved by the department.
94.705(5)(c)
(c)
Certification for emergency use. A person may apply for an emergency use certification. Only one emergency use certification shall be granted to a person. Thereafter, certification under
par. (a) or
(b) is necessary. The department shall conduct a specific evaluation of the applicant's ability to use and apply the pesticide safely and correctly and make any other evaluations deemed necessary by the department. The department shall notify the dealer by telephone that the applicant has been granted an emergency use certification. Written notice of the applicant's responsibility and liability shall be sent by the department to the dealer and the applicant. This certification shall be valid for a one-time specific use only. The department's evaluation shall be conducted at a designated department office, any university of Wisconsin extension office or at any other site approved by the department.
94.705(5)(d)
(d)
Certification for persons of limited English language ability. Persons of limited English language ability shall receive the training necessary to permit them to use and apply restricted-use pesticides. The department shall conduct an oral evaluation of each person to determine competency. Certification under this paragraph shall be required for use of each restricted-use pesticide. Each certificate shall state the specific restricted-use pesticide the person is certified to use or apply.
94.707
94.707
Distribution and sale of certain pesticides. 94.707(1)(1)
Prohibition. No person may distribute, sell, offer for sale or use any pesticide product containing any of the following active ingredients:
94.707(1)(a)
(a) 2,4,5-trichlorophenoxyacetic acid (2,4,5-T).
94.707(1)(b)
(b) 2-(2,4,5-trichlorophenoxy) propionic acid (silvex).
94.707(1m)
(1m) Use of daminozide on food-producing plants prohibited. No person may distribute, sell, offer for sale or use any pesticide product containing daminozide as an active ingredient and intended for use on a food-producing plant.
94.707(2)
(2) Exemption. The prohibition under
sub. (1) does not apply to a person using or possessing a pesticide product containing any active ingredient under
sub. (1) (a) to
(f) according to the terms and conditions of an experimental use permit issued under the federal act or rules of the department.
94.707(3)(a)(a) No later than 6 months after the applicable date under
par. (d), any person, except a dealer or distributor, who owned any quantity of a pesticide listed in
sub. (1m) or containing an active ingredient listed in
sub. (1) (c) to
(f) on the applicable date under
par. (d) shall return or deliver all of that pesticide to the manufacturer or to the dealer or distributor from whom he or she purchased the pesticide.
94.707(3)(b)
(b) No later than one year after the applicable date under
par. (d), any dealer or distributor who owned any amount of a pesticide listed in
sub. (1m) or containing an active ingredient listed in
sub. (1) (c) to
(f) on the applicable date under
par. (d) or who received any such pesticide under
par. (a) shall return or deliver all of that pesticide to the manufacturer.
94.707(3)(c)
(c) Within 30 days after receiving any pesticide under
par. (a) or
(b), a dealer, distributor or manufacturer shall pay the person from whom the pesticide was received the amount of money which that dealer, distributor or manufacturer charged that person for the quantity of pesticide received. No payment under this paragraph may exceed the fair market value of the pesticide immediately before the applicable date under
par. (d).
94.707(3)(d)2.
2. For pesticide products containing the ingredient under
sub. (1m), February 15, 1990.
94.708
94.708
Pesticides; sale and use to control bats. 94.708(1)(1)
Definition. As used in this section, "bat control purposes" means for the purpose of killing, injuring, repelling or otherwise affecting the behavior of bats.
94.708(2)
(2) Sale prohibited. Except as provided under
sub. (4), no person may sell, hold for sale or distribute any pesticide except naphthalene for bat control purposes to a person in this state. No dealer may advertise in this state or recommend any pesticide for bat control purposes to a person in this state.
94.708(3)
(3) Use prohibited. Except as provided under
sub. (4), no person may use any pesticide except naphthalene for bat control purposes.
94.708(4)
(4) Exception. The department shall promulgate rules establishing standards for the sale, advertisement and use of pesticides for emergency bat control. The pesticide review board may issue a permit authorizing the use of a pesticide in accordance with the rules promulgated by the department only in the case of an individual bat colony after a determination that there exists an outbreak of rabies that threatens public health or another situation where the existence of a colony of bats threatens the health or welfare of any person. The pesticide review board may not base its determination on an isolated individual instance of a rabid bat.
94.708 History
History: 1983 a. 353.
94.71
94.71
Pesticides; penalties; enforcement. 94.71(1)(a)1.1. Any person who violates
ss. 94.67 to
94.71 or any rules or orders issued under
ss. 94.67 to
94.71 shall forfeit not less than $100 nor more than $500 for the first violation and not less than $200 nor more than $1,000 for any subsequent violation within 5 years.
94.71(1)(a)2.
2. Any commercial applicator, dealer or distributor who knowingly violates any provision of
ss. 94.67 to
94.71 or any rules or orders issued under
ss. 94.67 to
94.71 may be fined not more than $5,000 or imprisoned not more than one year in the county jail or both. Other persons, including private applicators who knowingly violate
ss. 94.67 to
94.71 or any rules or orders issued under
ss. 94.67 to
94.71 may be fined not more than $1,000 or imprisoned not more than 30 days or both.
94.71(1)(b)
(b) Certified applicators shall be responsible for the acts of persons who are their employes or acting under their supervision and engaged in the use or application of pesticides.
94.71(2)
(2) Seizures. If the department has reasonable cause to believe that any pesticide is in violation of
ss. 94.67 to
94.71, it may deliver to the owner or custodian of the pesticide an order prohibiting the sale or movement of the pesticide until an analysis or examination has been completed. Such holding order shall not be effective for more than 60 days from the time of delivery thereof. The pesticide described in any holding order shall not be sold or moved for any purpose without the approval of the department. If the department, after analysis or examination, determines that the pesticide described in the order is not in violation of
ss. 94.67 to
94.71, it shall promptly notify the owner or custodian of the pesticide and the notice shall terminate the holding order. If the analysis or examination shows that the pesticide is in violation of
ss. 94.67 to
94.71, the owner or custodian of the pesticide shall be so notified. Upon receipt of notice the owner or custodian shall dispose of the pesticide only in a manner authorized by the department. The owner or custodian may within 10 days of receipt of notice petition for a hearing as provided in
s. 93.18.
94.71(3)(a)(a) Examination of pesticides shall be made under the direction of the department for the purpose of determining whether they comply with the requirements of
ss. 94.67 to
94.71. The department or any person may refer the facts to the district attorney for the county in which the violation occurred. In addition to or in lieu of any other remedies provided herein, the department may apply to a circuit court for a temporary or permanent injunction to prevent, restrain or enjoin violations of
ss. 94.67 to
94.71 and any rules or special or summary orders issued thereunder.
94.71(3)(b)
(b) Every registrant or other person whose name and address appears on the label of any pesticide as the manufacturer, packer, distributor or dealer, shall, to the extent that the registrant or other person is able to furnish to the department, on request, when found by the department to be necessary to prevent or control an imminent hazard to the public, a listing of all sales locations or warehouse locations maintained by the registrant or other person in this state for the sale or distribution of products registered by the registrant or other person or bearing the registrant's or other person's name and address as such manufacturer, packer, distributor or dealer; the name and address of all distributors or dealers selling or distributing such products in this state; and the name and address of all outside sales representatives employed by the registrant or other person in this state for the sale or distribution of such products.
94.71(3)(c)
(c) In addition to other enforcement procedures, the department may issue a special order under
s. 93.18 prohibiting the use, application, storage, distribution or sale of pesticides in violation of
ss. 94.67 to
94.71 or rules issued under
ss. 94.67 to
94.71. A special order may be issued under this paragraph to prevent or control pesticide contamination of groundwater under
ss. 160.23 and
160.25. Special orders may be issued on a summary basis, without prior complaint, notice or hearing, where necessary to protect public health or the environment. A summary special order is subject to a subsequent right of hearing before the department, if requested within 10 days after the date on which the order is served. Any party affected by the order may request a preliminary or informal hearing pending the scheduling and conduct of a full hearing. Hearings, if requested, shall be conducted as expeditiously as possible after receipt of a request for a hearing. Enforcement of the order shall not be stayed pending action on the hearing.
94.71 Annotation
Legislature may constitutionally prescribe criminal penalty for violation of administrative rule. State v. Courtney, 74 W (2d) 705, 247 NW (2d) 714.
94.72
94.72
Commercial feed. 94.72(1)(a)(a) "Brand name" means any word, name, symbol or device, or any combination thereof identifying the commercial feed of a manufacturer or distributor and distinguishing it from that of others.
94.72(1)(b)
(b) "Commercial feed" means all products or materials used or distributed for use as a feed or an ingredient in the mixing or manufacturing of feed for animals or birds, except the following:
94.72(1)(b)1.
1. Unmixed whole seeds or grains; as defined by United States grain standards.
94.72(1)(b)2.
2. The unmixed meals made directly from and consisting of the entire grains of corn, wheat, rye, barley, oats, buckwheat, flaxseed, kafir, milo and other seeds or grains. Such unmixed meals shall not be sold in violation of
sub. (3).
94.72(1)(b)3.
3. Whole hays, straws, cottonseed hulls, stover and silage, when unmixed with other materials.
94.72(1)(b)4.
4. Meat and other portions of animal carcasses in their raw or natural state without further processing except freezing or denaturing.
94.72(1)(c)
(c) "Custom-mixed feed" means commercial feed consisting of a mixture of commercial feeds or feed ingredients mixed on a custom basis at the request of the final purchaser at retail, and containing only commercial feed or feed ingredients in quantities and proportions as specifically directed by the purchaser in requesting the custom-mixing of the feed.
94.72(1)(d)
(d) "Department" means department of agriculture, trade and consumer protection.
94.72(1)(e)
(e) "Distribute" means to sell, offer to sell, exchange, barter or solicit orders for the sale of a feed product or otherwise to supply or furnish a feed product to purchasers in this state, whether or not the sales or transactions are made wholly or partially in this state or another state.
94.72(1)(f)
(f) "Distributor" means any person who distributes a feed product for sale or distribution in this state.
94.72(1)(g)
(g) "Feed ingredient" means each of the constituent materials making up or used in the manufacturing of a commercial feed.
94.72(1)(h)
(h) "Feed product" means any commercial feed or other product or material used or distributed for use as a feed or an ingredient in the mixing or manufacturing of feed for animals or birds.
94.72(1)(i)
(i) "Manufacture" means to mix, blend, process, package or label commercial feed.
94.72(1)(j)
(j) "Product name" means the name of the commercial feed which identifies it as to kind, class or specific use.
