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ATCP 29.56(4)(c) (c) It shall be constructed and posted so that it remains clearly legible for at least 72 hours after it is posted, despite reasonably foreseeable adverse weather conditions.
ATCP 29.56(5) (5)Warning signs; where posted. At least one of the warning signs required under sub. (3) shall be clearly visible from each point at which there is significant potential for human access to the treated area.
ATCP 29.56 Note Note: For example, warning signs should be posted so as to be clearly visible from potential access points including roads, sidewalks, driveways, doorways, alleys, and adjacent yards unless a fence, wall, hedge, or similar feature effectively prevents human access to the treated area from that direction.
ATCP 29.56(6) (6)INFORMATION PROVIDED UPON REQUEST.
ATCP 29.56(6)(a)(a) A person making a landscape application shall offer the following information to any person who requests information about that landscape application:
ATCP 29.56(6)(a)1. 1. The complete name and address of the person making the landscape application.
ATCP 29.56 Note Note: This may be the name and address of the business entity that makes the application.
ATCP 29.56(6)(a)2. 2. The brand name, product name, or common chemical name of each pesticide applied, and the EPA registration number of that pesticide.
ATCP 29.56(6)(a)3. 3. The concentration and total quantity of each pesticide applied, or the amount of each pesticide product applied per unit area and the total area treated.
ATCP 29.56(6)(a)4. 4. The date and approximate time of application.
ATCP 29.56(6)(a)5. 5. All post-application precautions stated on the pesticide label.
ATCP 29.56(6)(a)6. 6. A copy of the pesticide label for each pesticide applied.
ATCP 29.56(6)(b) (b) If a requester asks for any of the information under par. (a), the person making the landscape application shall promptly provide that information to the requester. The information may be provided orally or in writing except that a copy of the pesticide label, if requested, shall be provided in writing. The person making the landscape application may require the requester to pay reasonable copying and postage costs before providing a copy of a pesticide label if the requester is not the customer who contracted for the application.
ATCP 29.56(7) (7)REGISTRY OF INDIVIDUALS REQUESTING ADVANCE NOTICE OF LANDSCAPE APPLICATIONS.
ATCP 29.56(7)(a)(a) The department shall compile an annual registry of individuals requesting advance notice of landscape applications to parcels of land identified in the registry. An annual registry takes effect on March 15 of each year, and expires on March 14 of the following year.
ATCP 29.56 Note Note: The department will distribute registries by March 1.
ATCP 29.56(7)(b) (b) An individual who registers under par. (c) may request advance notice of landscape applications, other than applications for which that individual has contracted, to any parcels on the block where that individual resides or on any blocks immediately adjacent to that block.
ATCP 29.56 Note Note: If a landlord contracts for landscape applications to a rental property, tenants on that property may register to receive advance notice of those applications.
ATCP 29.56(7)(c) (c) An individual shall register with the department by February 1 of each year to be included in the registry that takes effect on March 15 of that year. An individual shall register on an electronic or paper form provided by the department. The registration form shall include all of the following information which shall be included in the registry under par. (a):
ATCP 29.56(7)(c)1. 1. The individual's complete name, street address, and mailing address if different from street address.
ATCP 29.56(7)(c)2. 2. A telephone number where the individual may be contacted.
ATCP 29.56(7)(c)3. 3. The street address of each parcel under par. (b) for which the individual requests advance notice of landscape applications.
ATCP 29.56(7)(c)4. 4. Other information which the department reasonably requires to administer this section.
ATCP 29.56 Note Note: Individuals may obtain registration forms and submit registrations at the following website address:
ATCP 29.56 Notehttp://datcp.wi.gov
ATCP 29.56 Note Forms may also be obtained by mailing a request to Landscape Registry Coordinator, DATCP, PO Box 8911, Madison, WI 53708-8911, or by calling (608) 224-4500.
ATCP 29.56 Note A registration complies with the filing deadline under par. (c) if the registration is postmarked, delivered to the department, or entered onto the department's website by February 1. The department may accept registrations filed after February 1 for inclusion in the March 15 registry, but is not required to do so.
ATCP 29.56(7)(d) (d) The department shall provide a free copy of the annual registry under par. (a) to all of the following:
ATCP 29.56(7)(d)1. 1. Each license holder under s. ATCP 29.20 that employs individuals licensed and certified under ss. ATCP 29.25 and 29.26 to make landscape applications. If a person is licensed under s. ATCP 29.20 by March 1, the department shall provide that person with a free copy of the registry by March 1.
ATCP 29.56(7)(d)2. 2. Each individual, licensed and certified under ss. ATCP 29.25 and 29.26 to make landscape applications, who requests a copy of the registry.
ATCP 29.56 Note Note: The department may compile supplementary registries for distribution after March 1.
ATCP 29.56(8) (8)ADVANCE NOTICE TO REGISTERED INDIVIDUALS.
ATCP 29.56(8)(a)(a) Before making any landscape application, a person required to be licensed under s. ATCP 29.20 shall give at least 12 hours advance notice to every individual who is currently registered to receive notice of that application under sub. (7).
ATCP 29.56 Note Note: An applicator may voluntarily give notice to an individual who is included in a supplementary registry, but is not required to do so unless the individual has registered the same parcel in the primary registry under sub. (7).
ATCP 29.56(8)(b) (b) A person may give advance notice under par. (a) by telephone, or may mail or deliver notice to the requester's address as listed in the registry. Notice, if given by mail, shall be postmarked at least 2 business days before the person makes the landscape application. A notice shall include all of the following:
ATCP 29.56(8)(b)1. 1. The complete name, business address, and telephone number of the person making the application.
ATCP 29.56 Note Note: The name, address, and telephone number may be those of the business entity making the application.
ATCP 29.56(8)(b)2. 2. The address of the landscape to be treated.
ATCP 29.56(8)(b)3. 3. The scheduled date of application.
ATCP 29.56(8)(b)4. 4. The brand name, product name, or common chemical name of each pesticide that may be applied.
ATCP 29.56(8)(c) (c) If a landscape application date is changed after the person making the application gives notice under par. (a), that person shall give a revised notice to each individual previously notified. The revised notice shall comply with par. (b).
ATCP 29.56(9) (9)LANDSCAPE APPLICATIONS TO GOLF COURSES.
ATCP 29.56(9)(a)(a) Subsection (3) does not apply to a golf course application of a pesticide whose label prescribes no restricted entry interval, provided that a permanent warning sign is conspicuously posted at each of the following locations:
ATCP 29.56(9)(a)1. 1. At or near the place where golfers register to play the course.
ATCP 29.56(9)(a)2. 2. At or near the first tee of every 9 holes.
ATCP 29.56(9)(a)3. 3. At every point on the golf course boundary at which the non-golfing public is permitted to enter the golf course by means of a road, sidewalk, path, or other established thoroughfare.
ATCP 29.56(9)(b) (b) A permanent warning sign under par. (a) shall comply with all of the following requirements:
ATCP 29.56(9)(b)1. 1. It shall be clearly legible at all times.
ATCP 29.56(9)(b)2. 2. It shall be at least 12 inches by 12 inches.
ATCP 29.56(9)(b)3. 3. It shall contain the following statement, in red letters not less than 1/2 inch high on a white background:
“PESTICIDES ARE PERIODICALLY APPLIED TO THIS GOLF COURSE. YOU MAY CONTACT THE GOLF COURSE SUPERINTENDENT FOR FURTHER INFORMATION."
ATCP 29.56(9)(c) (c) If any person asks a golf course superintendent for information about pesticide applications to a golf course, the superintendent shall notify that person that the following information is available, and shall provide the information in writing upon request:
ATCP 29.56(9)(c)1. 1. A general description of the types and amounts of pesticides commonly applied to the golf course.
ATCP 29.56(9)(c)2. 2. An identification of pesticide applications made to the golf course within the last week prior to the request, including the common chemical or brand names of the pesticides applied and the areas to which those pesticides were applied.
ATCP 29.56(9)(c)3. 3. A copy of the pesticide label related to each pesticide application under subd. 2., if any. The superintendent may require the requester to pay reasonable copying and postage costs before providing the label.
ATCP 29.56(10) (10)LANDSCAPE APPLICATIONS TO CEMETERIES.
ATCP 29.56(10)(a)(a) Subsection (3) does not apply to a cemetery application of a pesticide whose label prescribes no restricted entry interval, provided that a permanent warning sign is conspicuously posted at each established entrance to the cemetery.
ATCP 29.56(10)(b) (b) A permanent warning sign under par. (a) shall comply with all of the following requirements:
ATCP 29.56(10)(b)1. 1. It shall be clearly legible at all times.
ATCP 29.56(10)(b)2. 2. It shall be at least 12 inches by 12 inches.
ATCP 29.56(10)(b)3. 3. It shall contain the following statement, in red letters not less than 1/2 inch high on a white background:
“PESTICIDES ARE PERIODICALLY APPLIED TO THIS
CEMETERY. YOU MAY CONTACT THE CEMETERY GROUNDS MANAGER FOR FURTHER INFORMATION."
ATCP 29.56(10)(c) (c) If any person asks a cemetery grounds manager for information about pesticide applications to a cemetery, the grounds manager shall notify that person that the following information is available, and shall provide the information in writing upon request:
ATCP 29.56(10)(c)1. 1. A general description of the types and amounts of pesticides commonly applied to the cemetery.
ATCP 29.56(10)(c)2. 2. An identification of pesticide applications made to the cemetery within the last week prior to the request, including the common chemical or brand names of the pesticides applied and the areas to which those pesticides were applied.
ATCP 29.56(10)(c)3. 3. A copy of the pesticide label related to any pesticide application under subd. 2. The grounds manager may require the requester to pay reasonable copying and postage costs before providing the label.
ATCP 29.56 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 01-028: am. (1) (e) 4., Register October 2001 No. 550, eff. 11-1-01; CR 01-076: am. (1) (e) 4., Register October 2002 No. 562, eff. 11-1-02; CR 12-003: am. (1) (e) 2., (2) (intro), (7) (c) (intro) Register May 2013 No. 689, eff. 6-1-13; correction in (4) (b) made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689.
ATCP 29.57 ATCP 29.57Seed applications.
ATCP 29.57(1) (1)Definition. In this section, “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 29.57(2) (2)Planting pesticide-treated seed. Pesticide-treated seeds shall be incorporated into the soil when planted to prevent access by birds and other animals. This requirement does not apply to seed that is normally planted on the soil surface and poses no significant risk to birds or other animals.
ATCP 29.57(3) (3)Pesticide-treated seed; prohibited uses. No person may do any of the following:
ATCP 29.57(3)(a) (a) Use pesticide-treated seed for food, feed, or oil, or mix it with food, feed, or oil.
ATCP 29.57(3)(b) (b) Expose pesticide-treated seed to access by birds or other animals.
ATCP 29.57(4) (4)WARNING SIGNS POSTED ON SEED STORAGE BINS.
ATCP 29.57(4)(a)(a) A person who stores pesticide-treated seed in bulk shall post a warning sign on every bin or storage area where that seed is stored. This paragraph does not apply to seed, stored on the property of an agricultural producer, that is not intended for sale.
ATCP 29.57(4)(b) (b) A warning sign under par. (a) shall remain posted as long as the pesticide-treated seed remains in storage. The warning sign shall be at least 8 1/2 inches by 11 inches, and shall conspicuously disclose the following statement or its equivalent:
“DANGER. THE SEED IN THIS STORAGE AREA HAS
BEEN TREATED WITH THE PESTICIDE [name of pesticide]
ON [date]."
ATCP 29.57(5) (5)Seed disposal. Pesticide-treated seed shall be disposed of in a manner that does not pose a risk to persons, property, or the environment.
ATCP 29.57 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.
ATCP 29.58 ATCP 29.58Rodenticide bait station.
ATCP 29.58(1) (1) A person licensed under s. ATCP 29.20 or certified under s. ATCP 29.31 (11) who uses a rodenticide bait station shall mark it with the following information:
ATCP 29.58(1)(a) (a) The name of the person responsible for maintaining the rodenticide bait station.
ATCP 29.58(1)(b) (b) The EPA registration number of all the pesticide products that are currently in use within the rodenticide bait station.
ATCP 29.58(2) (2) The information in sub. (1) shall be in English, resistant to deterioration, and remain legible throughout the length of time the rodenticide bait station is serviced.
ATCP 29.58 History History: CR 12-003: cr. Register May 2013 No. 689, eff. 6-1-13.
subch. X of ch. ATCP 29 Subchapter X — Agricultural Worker Protection
ATCP 29.60 ATCP 29.60Definitions. In this subchapter:
ATCP 29.60(1) (1) “Agricultural employer" means a person who hires or contracts for the services of one or more agricultural workers, or operates an agricultural establishment that uses one or more agricultural workers.
ATCP 29.60(2) (2) “Agricultural emergency" means a sudden onset of conditions, such as flood, fire, frost, hail, high winds, or loss of power, which will result in a substantial economic loss that can only be prevented or mitigated by the early entry of agricultural workers into an area treated with an agricultural pesticide. “Agricultural emergency" does not include conditions which an agricultural employer could have anticipated and controlled, or which are precipitated by an agricultural employer's mismanagement or negligence.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.