ATCP 29.01 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98;
CR 12-003: cr. (8m), (24m), (25m), (37m)
Register May 2013 No. 689, eff. 6-1-13.
ATCP 29.02
ATCP 29.02 Declaration of pests. The following organisms and viruses are declared to be pests when present under circumstances where they may be injurious to persons, property, or the environment:
ATCP 29.02(2)
(2) Plants, fungi, or their parts growing where not wanted.
ATCP 29.02(3)
(3) Microscopic organisms or viruses other than those on or in living animals or humans.
ATCP 29.02 Note
Note: See s.
94.69 (1), Stats. A pesticide may be used against a “pest" only if it is registered and labeled for that purpose and used according to label directions. Pesticide use against certain “pests" may be limited by applicable law.
ATCP 29.02 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98.
ATCP 29.05
ATCP 29.05 Pesticide 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 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98.
ATCP 29.06
ATCP 29.06 Pesticide 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 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98.
ATCP 29.10
ATCP 29.10 Pesticide 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 Note
Note: 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)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)(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)(c)1.
1. Identifies each pesticide product that the applicant sells or distributes.
ATCP 29.10(3)(c)2.
2. States the gross revenue which the applicant derived from the sale or distribution of each pesticide product, for use in this state, during the preceding year as defined under
s. ATCP 29.11 (1) (d). The department may not disclose sales revenue information obtained under this subdivision.
ATCP 29.10(4)
(4) Supplementary information. At least 15 days before a license holder under
sub. (1) begins selling or distributing any additional pesticide product that was not identified in the license holder's most recent annual license application, the license holder shall file a supplementary report and pay fees and surcharges for that pesticide product according to
sub. (3). The department may not disclose sales revenue information obtained under this subsection.
ATCP 29.10(5)
(5) Action on license application; time limit. The department shall grant or deny a license application under
sub. (3) within 20 business days after the applicant files a complete application with the department.
ATCP 29.10 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98;
CR 12-003: cr. (2) (b) 6.
Register May 2013 No. 689, eff. 6-1-13.
ATCP 29.11
ATCP 29.11 Pesticide manufacturers and labelers; fees. ATCP 29.11(1)(a)
(a) “Household pesticide" means a pesticide that is any of the following:
ATCP 29.11(1)(a)4.
4. An insect repellant that is applied to the human body or to clothing.
ATCP 29.11(1)(a)5.
5. A pesticide that is used exclusively for the treatment of household pets.
ATCP 29.11(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.
ATCP 29.11(1)(a)7.
7. A solid or liquid pesticide product that is used exclusively for the treatment of swimming pools, spas, or hot tubs.
ATCP 29.11(1)(b)
(b) “Industrial pesticide" means a pesticide that is not a household pesticide and that is one of the following:
ATCP 29.11(1)(b)1.
1. Solely labeled for use on wood and contains pentachlorophenol, coal tar creosote, or inorganic arsenical wood preservatives.
ATCP 29.11(1)(b)2.
2. Labeled for use in controlling algae, fungi, bacteria, microscopic organisms, or mollusks in or on one or more of the following, and for no other use except a use described in
par. (a) 6. or
7.:
ATCP 29.11(1)(b)2.a.
a. Textiles, paper, leather, plastic, vinyl, or other synthetic materials, metal or rubber.
ATCP 29.11(1)(b)2.c.
c. Commercial, construction, manufacturing, or industrial fluids, including adhesives, additives or pigments.
ATCP 29.11(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.
ATCP 29.11(1)(c)
(c) “Nonhousehold pesticide" means a pesticide that is not a household pesticide or an industrial pesticide.
ATCP 29.11(1)(d)
(d) “Preceding year" means the 12 months ending on September 30 of the year immediately preceding the year for which the applicant seeks a license under
s. ATCP 29.10.
ATCP 29.11(1)(e)
(e) “Primary producer" means a person who manufactures an active ingredient that is used to manufacture or produce a pesticide.
ATCP 29.11(2)
(2) Annual license fee. An applicant for a license under
s. ATCP 29.10 shall pay an annual license fee for each pesticide product that the applicant sells or distributes. Except as provided in
subs. (5) to
(7), the fee for each pesticide product is as follows:
ATCP 29.11(2)(a)
(a) Household pesticides. For each household pesticide product:
ATCP 29.11(2)(a)1.
1. If the applicant sold less than $25,000 of the product during the preceding year for use in this state, $265.
ATCP 29.11(2)(a)2.
2. If the applicant sold at least $25,000 but less than $75,000 of the product during the preceding year for use in this state, $750.
ATCP 29.11(2)(a)3.
3. If the applicant sold at least $75,000 of the product during the preceding year for use in this state, $1,500.
ATCP 29.11(2)(b)
(b)
Industrial pesticide. For each industrial pesticide product:
ATCP 29.11(2)(b)1.
1. If the applicant sold less than $25,000 of the product during the preceding year for use in this state, $315.
ATCP 29.11(2)(b)2.
2. If the applicant sold at least $25,000 but less than $75,000 of the product during the preceding year for use in this state, $860.
ATCP 29.11(2)(b)3.
3. If the applicant sold at least $75,000 of the product during the preceding year for use in this state, $3,060.
ATCP 29.11(2)(c)
(c)
Nonhousehold pesticide. For each nonhousehold pesticide product:
ATCP 29.11(2)(c)1.
1. If the applicant sold less than $25,000 of the product during the preceding year for use in this state, $320.
ATCP 29.11(2)(c)2.
2. If the applicant sold at least $25,000 but less than $75,000 of the product during the preceding year for use in this state, $890.
ATCP 29.11(2)(c)3.
3. If the applicant sold at least $75,000 of the product during the preceding year for use in this state, $3,060 plus 0.2% of gross revenues from product sales during the preceding year for use in this state.
ATCP 29.11(3)
(3) Nonhousehold pesticides; cleanup surcharge. An applicant for a license under
s. ATCP 29.10 shall pay an agricultural chemical cleanup surcharge for each nonhousehold pesticide product that the applicant sells or distributes. Except as provided in
sub. (6) or
(7), the amount of the surcharge is as follows:
ATCP 29.11(3)(a)
(a) If the applicant sold less than $25,000 of the product during the preceding year for use in this state, $2.80.
ATCP 29.11(3)(b)
(b) If the applicant sold at least $25,000 but less than $75,000 of the product during the preceding year for use in this state, $96.00.
ATCP 29.11(3)(c)
(c) If the applicant sold at least $75,000 of the product during the preceding year for use in this state, an amount equal to 0.60% of gross revenues from product sales during the preceding year for use in this state.
ATCP 29.11(3m)
(3m) Wood preservatives; cleanup surcharge. An applicant for a license under
s. ATCP 29.10 shall pay an environmental cleanup surcharge for each pesticide product, sold or distributed by the applicant in this state, that is not a household pesticide and is solely labeled for use on wood and contains pentachlorophenol or coal tar creosote. Except as provided in
sub. (6), the amount of the surcharge is as follows:
ATCP 29.11(3m)(a)
(a) If the applicant sold less than $25,000 of that product during the preceding year for use in this state, $5.
ATCP 29.11(3m)(b)
(b) If the applicant sold at least $25,000 but less than $75,000 of that product during the preceding year for use in this state, $170.
ATCP 29.11(3m)(c)
(c) If the applicant sold at least $75,000 of that product during the preceding year for use in this state, an amount equal to 1.1% of gross revenues from sales of the product during the preceding year for use in this state.
ATCP 29.11(4)
(4) Primary producers; well compensation fee. Except as provided under
sub. (7), a primary producer applying for a license under
s. ATCP 29.10 shall pay a well compensation fee of $150.
