Wisconsin Legislature: ATCP 29.15(2)(a)

(5) Unreported pesticide; increased license fee. If a person sells or distributes a pesticide product without having filed a report for that product under s. ATCP 29.10 (3) (c) or (4), 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.

(6) Discontinued pesticide; final license fee and cleanup surcharge. A person who stops selling or distributing a pesticide product for use in this state shall do all of the following:

(a) Notify the department by December 31 of the year in which the person stops selling or distributing the pesticide product.

(c) By December 31 of the year in which the person stopped selling the pesticide product for use in this state, pay a final license fee of $500 for the pesticide product.

(d) If the product is a nonhousehold pesticide, pay a final agricultural chemical cleanup surcharge of $30.

(7) Exempt Pesticide products. Subsections (2) to (4) do not apply to pesticides that are exempt from federal registration under 40 CFR 152.25.

(8) Fees and surcharges nonrefundable.

(a) Except as provided in par. (b), the department may not refund a fee or surcharge under this section after the department issues a license under s. ATCP 29.10 to the person who paid the fee or surcharge, unless the fee or surcharge was not properly collected or charged.

(b) Paragraph (a) does not prohibit a reimbursement under s. 94.681 (3s) (b) 2., Stats., other than a reimbursement of amounts deposited to the environmental fund under s. 94.681 (7), Stats., provided that the reimbursement under s. 94.681 (3s) (b) 2., Stats., is made in the form of a credit against amounts owed under this section in the next license year.

History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; am. (3) (intro.), Register, May, 2000, No. 533, eff. 6-1-00; CR 01-021: am. (3) (intro.) and (c), Register October 2001 No. 550, eff. 11-1-01; CR 08-075: am. (3), r. and recr. (8) Register April 2009 No. 640, eff. 5-1-09; correction in (8) (b) made under s. 13.92 (4) (b) 7., Stats., Register April 2009 No. 640; CR 12-003: am. (2) (a) 1. to 3., (b) 1. to 3., (c) 1. to 3. Register May 2013 No. 689, eff. 6-1-13; CR 14-047: am. (3) (a) to (c) Register May 2015 No. 713, eff. 6-1-15; CR 22-080: r. (1) (d), renum. (2) (intro.) to (2) and am., r. (2) (a) to (c), renum. (3) (intro.) to (3) and am., r. (3) (a) to (c), (3m), am. (5), r. (6) (b), am. (6) (c), (d) Register February 2024 No. 818, eff. 3-1-24.

ATCP 29.12 Pesticide manufacturers and labelers; records and reports.

(1) Records. A person required to be licensed under s. ATCP 29.10 shall legibly record all of the following information and keep each record for at least 2 years:

(a) The names and addresses of persons from whom that person receives pesticides, and the amounts and kinds of pesticides received.

(b) The names and addresses of persons to whom that person sells or distributes pesticides, and the amounts and kinds of pesticides sold or distributed to each of them.

(2) Reports. A person required to be licensed under s. ATCP 29.10 shall provide to the department, upon request, information which is relevant to the regulation of pesticides in this state, including:

(a) Relevant information under sub. (1).

(b) Pesticide labeling.

1. Their chemical identity and properties.

2. Analytical methods which may be used to detect and quantify their presence in groundwater or other media.

3. Information related to their toxicology and environmental fate.

4. Summaries of all pertinent data, in that person’s possession, related to their interactive toxicological effects.

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

Subchapter IV — Pesticide Dealers and Distributors

ATCP 29.15 Dealers and distributors of restricted use pesticides.

(1) License required. Except as provided under sub. (2), no person may sell or distribute any restricted-use pesticide unless that person holds an annual license issued by the department under this section. A license expires on December 31 of each year and is not transferable to another person.

Note: See s. 94.685, Stats.

(2) Exemptions. Subsection (1) does not apply to any of the following:

(a) An individual, employed by a license holder under sub. (1), who sells or distributes restricted-use pesticides solely on behalf of the license holder and not on the individual’s own behalf.

(b) A person licensed under s. ATCP 29.10 whose name appears on the pesticide label.

(d) A person who applies all of the restricted-use pesticide which that person sells or distributes.

Note: See s. ATCP 29.20.

(3) License application. A person applying for a license under sub. (1) shall apply on a form provided by the department. The application shall include all of the following:

(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.

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

(c) The mailing address and street address of each location from which the applicant sells or intends to sell any restricted-use pesticide. This includes any location at which the applicant regularly takes pesticide orders, but does not include a motorized vehicle from which the applicant takes orders by mobile telephone.

(d) The license fees and surcharges required under sub. (4).

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

(4) License and Surcharges. A person applying for a license under sub. (1) shall pay the following annual license fee and surcharge for each business location under sub. (3) (c), including any new location opened during the license year:

(a) A license fee of $60.

(b) An agricultural chemical cleanup surcharge of $20, except as provided in s. 94.73 (15), Stats.

(5) Additional locations. Before a person licensed under sub. (1) sells a restricted-use pesticide from any additional location not identified in that person’s most recent annual license application under sub. (3) (c), that person shall do both of the following:

(a) Provide the department with the mailing address and street address of that additional location.

(b) Pay the fee and surcharge required under sub. (4) for that additional location.

(6) Action on license application. The department shall grant or deny a license application under sub. (3) within 30 business days after the applicant files a complete application with the department.

(7) Sales of restricted-use pesticides. A person required to be licensed under sub. (1) may sell or distribute a restricted-use pesticide only to one of the following:

(a) A pesticide dealer or distributor licensed under sub. (1), or equivalent laws of another state, to sell or distribute restricted-use pesticides.

(b) A commercial application business licensed under s. ATCP 29.20, or equivalent laws of another state, to use or direct the use of restricted-use pesticides.

(c) An individual commercial applicator licensed and certified under ss. ATCP 29.25 and 29.26, or certified under equivalent laws of another state, to use or direct the use of that pesticide.

(d) A private applicator certified under s. ATCP 29.27, or equivalent laws of another state, to use or direct the use of that pesticide.

(8) Restricted-use pesticides; sales records. A person required to be licensed under sub. (1) shall keep legible records of all restricted-use pesticides which that person sells or distributes in this state. 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. The person shall keep all of the following records related to each sale or distribution of a restricted-use pesticide:

(a) The pesticide brand name.

(b) The identity of the pesticide manufacturer or labeler.

(d) The amount of the pesticide sold or distributed.

(e) The date of the sale or distribution.

(f) The first name, last name, and address of the purchaser or intended recipient and the commercial application business license number, restricted use dealer license number, and applicator license and certification number, if any, of the purchaser or intended recipient.

(g) The first name, last name, and address of the person to whom the seller delivered custody of the pesticide, if other than the purchaser or intended recipient.

(9) Annual report. Not later than October 30 of each year, a person required to be licensed under sub. (1) shall report each of the following to the department on a report form provided by the department:

(a) The name and address of each person from whom that person received any pesticide during the preceding 12-month period ending September 30.

(b) The amount of each pesticide which that person sold to end users for use in Wisconsin during the preceding 12-month period ending September 30.

Note: Reports under sub. (9) must include all pesticides, not just restricted-use pesticides. Report forms may be obtained from the department at the following address: Department of Agriculture, Trade and Consumer Protection; Division of Agricultural Resource Management; P.O. Box 8911, Madison, WI 53708-8911.

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 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.

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.

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

Subchapter V — Commercial Application Businesses

ATCP 29.20 Commercial application business; license.

(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:

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

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

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.

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

(a) A government entity.

(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.

(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.

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

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

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

1. Uses or directs the use of pesticides for a person who is not an agricultural producer.

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.

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.

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.

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

(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):

(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.

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