Chapter ATCP 29

ATCP 29.50 Note Note: See definitions of “pesticide drift” and “pesticide overspray” under s. ATCP 29.01 (29) and (30).

ATCP 29.50(2)(b) (b) The application of pesticide outside the target application site is presumed to be the result of pesticide drift unless there is evidence of pesticide overspray.

ATCP 29.50(2)(c) (c) Pesticide drift is significant, under par. (a), if there is credible evidence that it has moved outside the target application site in any of the following amounts:

ATCP 29.50(2)(c)1. 1. Amounts that cause actual harm to persons, property, or the environment.

ATCP 29.50(2)(c)2. 2. Amounts that could potentially harm persons, property, or the environment under any reasonably foreseeable circumstances, regardless of whether an actual exposure or harm has occurred.

ATCP 29.50(2)(c)3. 3. Amounts that are readily visible.

ATCP 29.50(3) (3) Preharvest interval.

ATCP 29.50(3)(a) (a) No person may harvest an agricultural commodity from a pesticide application site during the preharvest interval specified for that commodity on the pesticide label.

ATCP 29.50(3)(b) (b) No person controlling a pesticide application site may direct or permit an agricultural commodity to be harvested from that site in violation of par. (a).

ATCP 29.50(4) (4) Contaminating waters of the state.

ATCP 29.50(4)(a) (a) Except as provided under par. (b), no person may do either of the following:

ATCP 29.50(4)(a)1. 1. Cause a pesticide to enter the waters of the state, either directly or through a sewer system.

ATCP 29.50(4)(a)2. 2. Use a pesticide in any manner which the user knows or should know will result in contamination of the waters of the state.

ATCP 29.50(4)(b) (b) Paragraph (a) does not apply to any of the following:

ATCP 29.50(4)(b)1. 1. The use of germicides, sanitizers, disinfectants, algaecides, or slimicides according to label directions.

ATCP 29.50(4)(b)2. 2. Fish management, mosquito abatement, or other water applications made under the supervision or rules of the department of natural resources.

ATCP 29.50 Note Note: See ch. NR 107.

ATCP 29.50(4)(b)3. 3. The application of pesticides according to label directions to control roots, insects, or rodents in sewers.

ATCP 29.50(4)(b)4. 4. The incidental application of pesticides to temporary rain puddles on target application sites.

ATCP 29.50(4)(b)5. 5. Unforeseeable leaching or runoff of a pesticide applied according to label directions.

ATCP 29.50(5) (5) Defective application equipment.

ATCP 29.50(5)(a) (a) Except as provided under par. (b), no person may use, furnish, lease, or sell pesticide application equipment that is clogged, unclean, leaking, or in disrepair, or that cannot be properly calibrated to apply pesticides at the rate specified on the pesticide label.

ATCP 29.50(5)(b) (b) Paragraph (a) does not prohibit the sale of pesticide application equipment that is clogged, unclean, leaking or in disrepair, or that cannot be properly calibrated, if the seller discloses those defective conditions to the buyer in writing prior to sale.

ATCP 29.50(6) (6) Employer or contractor. No person may direct, compel, or coerce that person’s employee or contract agent to do either of the following:

ATCP 29.50(6)(a) (a) Violate ss. 94.67 to 94.71, Stats., or this chapter.

ATCP 29.50(6)(b) (b) Use any pesticide in a manner which that person has reason to believe is likely to result in a violation of ss. 94.67 to 94.71, Stats., or this chapter.

ATCP 29.50 Note Note: Nothing in this chapter limits the civil or criminal liability of an employer or contractor for the acts or omissions of an employee or contract agent if the employer or contractor may be held jointly liable with the employee or agent under this chapter or other applicable law.

ATCP 29.50 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

ATCP 29.51 ATCP 29.51 Advance notice of pesticide applications.

ATCP 29.51(1) (1) Pesticides highly toxic to bees.

ATCP 29.51(1)(a) (a) At least 24 hours before a pesticide labeled “Highly Toxic to Bees” or containing the active ingredient methomyl is applied to any site, the person who owns or controls that application site shall notify each beekeeper who has made a request under par. (b) during the same calendar year.

ATCP 29.51(1)(b) (b) A beekeeper who owns a honeybee colony located within 1 1/2 miles of a pesticide application site under par. (a) may request notice of pesticide applications under par. (a). The beekeeper shall make the request in writing to a person who owns or controls the application site. The request shall include the beekeeper’s name, address, and telephone number, if any, and the specific location of each of the beekeeper’s bee yards.

ATCP 29.51(1)(c) (c) A notice under par. (a) may be written or oral. The notice shall include the intended date and time of application, the brand or common name of the pesticide to be applied, and the location of the application site. If the application date changes after the notice is issued, the person who owns or controls the application site shall issue a corrected notice as soon as reasonably possible before the application occurs.

ATCP 29.51(1)(d) (d) Paragraph (a) does not apply to an emergency application needed to control a sudden pest outbreak if, because of the emergency circumstances, there is not enough time for notice under par. (a). The person who owns or controls the application site shall give notice under par. (a) as soon as reasonably possible before or after the emergency application. The notice shall include a brief explanation of the circumstances constituting the emergency.

ATCP 29.51(1)(e) (e) Any person may give a notice under par. (a) on behalf of the person who owns or controls the application site.

ATCP 29.51(2) (2) Aerial applications. An individual may request advance notice of aerial pesticide applications to land immediately adjacent to that individual’s residence, as provided under s. ATCP 29.53 (2).

ATCP 29.51(3) (3) Residential applications. A person hired by a customer to make a residential pesticide application shall offer that customer pre-application information as provided under s. ATCP 29.55 (2).

ATCP 29.51(4) (4) Landscape applications.

ATCP 29.51(4)(a) (a) A person hired by a customer to make a landscape application shall offer that customer pre-application information as provided under s. ATCP 29.56 (2).

ATCP 29.51(4)(b) (b) An individual may register, under s. ATCP 29.56 (7), to receive advance notice of commercial landscape applications to land immediately adjacent to that individual’s residence.

ATCP 29.51(5) (5) Applications affecting agricultural workers. Persons employing agricultural workers, or applying pesticides to places where agricultural workers are employed, shall give prior notice of pesticide applications as required by s. ATCP 29.61.

ATCP 29.51 Note Note: See also s. ATCP 29.22.

ATCP 29.51 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

ATCP 29.52 ATCP 29.52 Warning signs at application sites.

ATCP 29.52(1) (1) Agricultural pesticide applications; warning to public.

ATCP 29.52(1)(a) (a) A responsible person under par. (b) shall post warning signs at a site where a dual notice agricultural pesticide is applied for agricultural purposes if that site is located within 300 feet of a residence, migrant labor camp, school, playground, day care facility, health care facility, commercial or industrial facility, public recreation area, or other nonagricultural area except a public road, where individuals are likely to be present during the restricted entry interval specified on the pesticide label. The warning signs shall comply with sub. (8).

ATCP 29.52 Note Note: See definition of “dual notice agricultural pesticide” in ss. ATCP 29.01 (17) and 29.60 (9). This subsection applies to all persons applying “dual notice” agricultural pesticides for agricultural purposes — not just agricultural employers. The warning notices are intended to protect both the general public and agricultural workers.

ATCP 29.52(1)(b) (b) The following persons are individually and jointly responsible for posting warning signs under par. (a):

ATCP 29.52(1)(b)1. 1. The person who operates or controls the premises at which the pesticide is applied.

ATCP 29.52(1)(b)2. 2. The pesticide applicator.

ATCP 29.52(1)(b)3. 3. The pesticide applicator’s employer, if any.

ATCP 29.52 Note Note: The persons identified under par. (b) may contract between themselves to post warning signs under par. (a), but any or all of them may be held liable if the warning signs are not properly posted.

ATCP 29.52(2) (2) Agricultural pesticide applications; warning to workers. An agricultural employer shall post worker protection warning signs as required under s. ATCP 29.62.

ATCP 29.52(3) (3) Nonagricultural pesticide applications; restricted entry intervals.

ATCP 29.52(3)(a) (a) A responsible person under par. (b) shall post warning signs at a pesticide application site, other than a site under sub. (1), if the pesticide label prescribes a restricted entry interval for that pesticide application. The warning signs shall comply with sub. (8).

ATCP 29.52 Note Note: A label which merely directs individuals to stay off the treated area until the pesticide dries does not prescribe a “restricted entry interval” for purposes of sub. (3).

ATCP 29.52(3)(b) (b) The following persons are individually and jointly responsible for posting warning signs under par. (a):

ATCP 29.52(3)(b)1. 1. The person who operates or controls the premises at which the pesticide is applied.

ATCP 29.52(3)(b)2. 2. The pesticide applicator.

ATCP 29.52(3)(b)3. 3. The pesticide applicator’s employer, if any.

ATCP 29.52 Note Note: The persons identified under par. (b) may contract between themselves to post warning signs under par. (a), but any or all of them may be held liable if the warning signs are not properly posted.

ATCP 29.52(4) (4) Chemigation applications. A person operating a chemigation system shall post warning signs at the chemigation application site as required under s. ATCP 29.54 (17).

ATCP 29.52(5) (5) Residential applications. A person making a residential application shall give notice to residents as required under s. ATCP 29.55 (3) and (4).

ATCP 29.52 Note Note: A person making a residential application must also post warning signs under sub. (3) if the pesticide label prescribes a restricted entry interval.

ATCP 29.52(6) (6) Landscape applications. A person making a landscape application shall post warning signs at the application site as required under s. ATCP 29.56 (3).

ATCP 29.52(7) (7) Stored seed treated with pesticide. A person who stores pesticide-treated seed in bulk shall post warning signs at the seed storage facility as required under s. ATCP 29.57 (4). In this subsection, “pesticide-treated seed” means seed intended for planting or propagation that is treated with a pesticide for the purpose of providing post-planting protection to the seed or seedling.

ATCP 29.52(8) (8) Warning signs. Except as provided under sub. (9), warning signs under subs. (1) and (3) shall comply with all of the following:

ATCP 29.52(8)(a) (a) Each warning sign shall be at least 8 1/2 inches by 11 inches.

ATCP 29.52(8)(b) (b) The form and content of each warning sign shall be identical to that shown in ch. ATCP 29 Appendix D. A warning sign may contain supplementary information, beyond that shown in ch. ATCP 29 Appendix D, if the information is consistent with, and does not detract from, that shown in ch. ATCP 29 Appendix D.

ATCP 29.52(8)(c) (c) Each warning sign shall be constructed to resist deterioration and remain legible throughout the required posting period.

ATCP 29.52(8)(d) (d) Warning signs shall be posted before the pesticide application begins, and shall remain posted for the duration of any restricted entry interval specified on the pesticide label. Warning signs may remain posted indefinitely.

ATCP 29.52(8)(e) (e) Warning signs shall be posted at the following locations:

ATCP 29.52(8)(e)1. 1. At normal points of access to the application site.

ATCP 29.52(8)(e)2. 2. At 1/4 mile intervals along those borders of an outdoor application site that lie within 300 feet of a residence, migrant labor camp, school, playground, day care facility, health care facility, commercial or industrial facility, public recreation area, or other nonagricultural area except a public road, where individuals are likely to be present during the restricted entry interval specified on the pesticide label. An application site bordering an area identified under this subdivision for less than 1/2 mile shall be posted with at least one sign.

ATCP 29.52(9) (9) Alternative warning signs.

ATCP 29.52(9)(a) (a) A worker protection warning sign under s. ATCP 29.62 may be used in place of a standard warning sign under sub. (8). A worker protection warning sign shall be removed or covered not more than 3 days after the restricted entry interval expires unless the sign continues to be required for another pesticide application at the same site.

ATCP 29.52(9)(b) (b) If a pesticide application site, such as a potted plant or greenhouse bench top, is too small to accommodate standard warning signs under sub. (8), it may be posted with smaller warning signs that are at least 4 inches by 5 inches. The warning signs shall be clearly posted on each side of the application site at intervals of not more than 25 feet. An individual treated plant may be posted with a single sign. The content and format of the smaller signs shall correspond to the content and format of the standard signs under sub. (8).

ATCP 29.52(9)(c) (c) If the pesticide label requires a warning sign which is different from the warning sign under sub. (8), the warning sign specified on the pesticide label shall be used in place of the warning sign under sub. (8).

ATCP 29.52 Note Note: According to s. 94.715 (2) (g), Stats., school boards must ensure that warning signs are posted for pesticide applications to public school grounds.

ATCP 29.52 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; correction in (8) (b) made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689.

ATCP 29.53 ATCP 29.53 Aerial applications.

ATCP 29.53(1) (1) Aircraft. Aircraft used to apply pesticides shall comply with, and be operated according to, applicable regulations of the federal aviation administration and the Wisconsin department of transportation.

ATCP 29.53 Note Note: See certification requirements for aerial applicators under ss. ATCP 29.26, 29.27 and 29.29.

ATCP 29.53(2) (2) Prior notice of application.

ATCP 29.53(2)(a) (a) At least 24 hours before an aerial pesticide application occurs, the person who owns or controls the application site shall notify each adjacent resident from whom that person has received a written request under par. (b) during the same calendar year. Notice is not required if the application site is more than 1/4 mile from the adjacent parcel on which the requester resides.

ATCP 29.53(2)(b) (b) An individual residing on a parcel of land may request advance notice of aerial pesticide applications to any immediately adjacent parcel. Parcels are immediately adjacent if they are directly contiguous, are separated only by a road, railway, or utility right-of-way, or are separated only by a government-owned land corridor or waterway having a width of not more than 66 feet.

ATCP 29.53(2)(c) (c) A request under par. (b) shall be made in writing to the person who owns or controls the application site. The request shall include the requester’s name, mailing address, property location, and telephone number if any. If residents of a migrant labor camp as defined under s. 103.90 (3), Stats., are entitled to request notice under par. (b), the camp operator shall annually request notice on their behalf and shall promptly communicate to them any notice received.

ATCP 29.53(2)(d) (d) A notice under par. (a) may be written or oral. The notice shall include the intended date and time of application, the brand or common name of the pesticide to be applied, and the location of the application site. If the application date changes after the notice is issued, the person who owns or controls the application site shall issue a corrected notice as soon as reasonably possible before the application occurs.

ATCP 29.53(2)(e) (e) Paragraph (a) does not apply to an emergency aerial application needed to control a sudden pest outbreak if, because of the emergency circumstances, there is inadequate time for notice under par. (a). The person who owns or controls the application site shall give notice under par. (a) as soon as reasonably possible before or after the emergency application. The notice shall include a brief explanation of the circumstances constituting the emergency.