SB77-SSA1,1163,104
(c) A person whose license is suspended under par. (a) may request a meeting
5concerning the suspension. The department shall hold an informal meeting with the
6requester as soon as reasonably possible and not more than 10 days after the
7requester makes the request in writing, unless the requester agrees to a later date.
8If the matter is not resolved at the informal meeting, the requester may request a
9formal contested case hearing under ch. 227. A request for a hearing does not stay
10a summary suspension under par. (a).
SB77-SSA1,1163,1311
(d) A person who is required to pay a fee or surcharge under sub. (5) remains
12obligated to pay the fee or surcharge regardless of whether the person continues to
13be licensed under this section.
SB77-SSA1,1163,2115
94.64
(8m) (a)
Use of funds. At the end of each fiscal year, the moneys collected
16under sub. (4)
(am) (a) 2. and s. 94.65 (6) (a) 3. shall be forwarded to the university
17of Wisconsin system to be used for research on soil management, soil fertility, plant
18nutrition problems and for research on surface water and groundwater problems
19which may be related to fertilizer usage; for dissemination of the results of the
20research; and for other designated activities tending to promote the correct usage of
21fertilizer materials.
SB77-SSA1,1164,223
94.65
(6) (a) 1. Annually by March 31, file with the department a tonnage report
24setting forth the number of tons of each soil or plant additive distributed during the
25preceding year by that person or by any other person authorized under sub. (3) (a)
12. to distribute under the name of that person and pay to the department
an
2inspection a fee of
70 25 cents per ton so distributed. The minimum total fee is $25.
SB77-SSA1,1164,74
94.65
(6) (a) 3. Annually by March 31, pay to the department a research fee of
510 cents for each ton of soil or plant additive distributed as described in the tonnage
6report filed under subd. 1. The minimum research fee is $1 for 10 tons or less.
The
7department shall credit this fee to the appropriation account under s. 20.115 (7) (h).
SB77-SSA1,1164,139
94.65
(6) (a) 4. Annually by March 31, pay to the department a groundwater
10fee of 10 cents for each ton of soil or plant additive distributed, as described in the
11tonnage report filed under subd. 1. The minimum groundwater fee is $1 for 10 tons
12or less. All groundwater fees shall be credited to the environmental fund for
13groundwater environmental management.
SB77-SSA1,1164,1615
94.65
(6) (c) The department shall deposit fees collected under pars. (a) 1. and
16(b) and subs. (2) (a) and (3) (b) in the agrichemical management fund.
SB77-SSA1,1164,2318
94.68
(1) (intro.) No person may manufacture, formulate, package, label or
19otherwise produce pesticides for sale or distribution in this state, or sell or offer to
20sell pesticides to purchasers in this state, whether or not the sales are made wholly
21or partially in this state or another state, without a license from the department.
A
22license expires on December 31 annually and is not transferable. No license
may be 23is required of persons engaged only in
the following:
SB77-SSA1, s. 2516
24Section
2516. 94.68 (2) of the statutes is repealed and recreated to read:
SB77-SSA1,1165,3
194.68
(2) (a) An application for a license under sub. (1) shall be made on a form
2prescribed by the department. An applicant shall submit all of the following with the
3application:
SB77-SSA1,1165,44
1. All fees and surcharges required under s. 94.681.
SB77-SSA1,1165,85
2. A report identifying each pesticide that the applicant sells or distributes for
6use in this state and the gross revenue that the applicant derived from the sale or
7distribution of each pesticide during the preceding year, as defined in s. 94.681 (1)
8(d).
SB77-SSA1,1165,109
(b) The department may not disclose sales revenue information obtained under
10par. (a) 2.
SB77-SSA1, s. 2517
11Section
2517. 94.68 (3) of the statutes is repealed and recreated to read:
SB77-SSA1,1165,1712
94.68
(3) At least 15 days before a person holding a license under this section
13begins to sell or distribute for use in this state a pesticide product that was not
14identified in the person's most recent annual license application, the person shall file
15a supplementary report with the information required under sub. (2) (a) 2. and any
16fees and surcharges required under s. 94.681. The department may not disclose sales
17revenue information obtained under this subsection.
SB77-SSA1, s. 2519
19Section
2519. 94.681 of the statutes is repealed and recreated to read:
SB77-SSA1,1165,21
2094.681 Pesticide manufacturers and labelers: fees and surcharges. (1) 21Definitions. In this section:
SB77-SSA1,1165,2222
(a) "Household pesticide" means a pesticide that is any of the following:
SB77-SSA1,1165,2323
1. A sanitizer.
SB77-SSA1,1165,2424
2. A disinfectant.
SB77-SSA1,1165,2525
3. A germicide.
SB77-SSA1,1166,1
14. An insect repellant that is applied to the human body or to clothing.
SB77-SSA1,1166,22
5. A pesticide that is used exclusively for the treatment of household pets.
SB77-SSA1,1166,53
6. A pesticide product that is labeled exclusively for household, lawn or garden
4use if the product either is sold in ready-to-use form or is sold exclusively in
5container sizes of less than one gallon.
SB77-SSA1,1166,76
7. A solid or liquid pesticide product that is used exclusively for the treatment
7of swimming pools, spas or hot tubs.
SB77-SSA1,1166,98
(b) "Industrial pesticide" means a pesticide that is not a household pesticide
9and that is one of the following:
SB77-SSA1,1166,1110
1. Solely labeled for use on wood and contains pentachlorophenol, coal tar
11creosote or inorganic arsenical wood preservatives.
SB77-SSA1,1166,1412
2. Labeled for use in controlling algae, fungi, bacteria, other microscopic
13organisms or mollusks in or on one or more of the following and for no other use
14except for a use described in par. (a) 6. or 7.:
SB77-SSA1,1166,1615
a. Textiles, paper, leather, plastic, vinyl or other synthetic materials, metal or
16rubber.
SB77-SSA1,1166,1717
b. Paints, varnishes, other coating products, lubricants or fuels.
SB77-SSA1,1166,1918
c. Commercial, construction, manufacturing or industrial fluids, including
19adhesives, additives and pigments.
SB77-SSA1,1166,2220
d. Commercial, construction, manufacturing or industrial processes,
21equipment, devices or containers, other than those used in the production or storage
22of human food or animal feed.
SB77-SSA1,1166,2323
e. Air washing, cooling or heat transfer systems.
SB77-SSA1,1166,2424
f. Medical equipment.
SB77-SSA1,1166,2525
g. Drinking water or wastewater systems.
SB77-SSA1,1167,2
1(c) "Nonhousehold pesticide" means a pesticide that is not a household
2pesticide or an industrial pesticide.
SB77-SSA1,1167,43
(d) "Preceding year" means the 12 months ending on September 30 of the year
4immediately preceding the year for which a license is sought under s. 94.68.
SB77-SSA1,1167,65
(e) "Primary producer" means a person who manufactures an active ingredient
6that is used to manufacture or produce a pesticide.
SB77-SSA1,1167,10
7(2) Annual license fee. An applicant for a license under s. 94.68 shall pay an
8annual license fee for each pesticide product that the applicant sells or distributes
9for use in this state. Except as provided in sub. (5) or (6), the fee for each pesticide
10product is as follows:
SB77-SSA1,1167,1111
(a) For each household pesticide product:
SB77-SSA1,1167,1412
1. If the applicant sold less than $25,000 of the product during the preceding
13year for use in this state, $265, except that the fee is $215 for the license years that
14begin on January 1, 1999, and on January 1, 2000.
SB77-SSA1,1167,1715
2. If the applicant sold at least $25,000 but less than $75,000 of the product
16during the preceding year for use in this state, $750, except that the fee is $650 for
17the license years that begin on January 1, 1999, and on January 1, 2000.
SB77-SSA1,1167,2018
3. If the applicant sold at least $75,000 of the product during the preceding year
19for use in this state, $1,500, except that the fee is $1,200 for the license years that
20begin on January 1, 1999, and on January 1, 2000.
SB77-SSA1,1167,2121
(b) For each industrial pesticide product:
SB77-SSA1,1167,2422
1. If the applicant sold less than $25,000 of the product during the preceding
23year for use in this state, $315, except that the fee is $265 for the license years that
24begin on January 1, 1999, and on January 1, 2000.
SB77-SSA1,1168,3
12. If the applicant sold at least $25,000 but less than $75,000 of the product
2during the preceding year for use in this state, $860, except that the fee is $760 for
3the license years that begin on January 1, 1999, and on January 1, 2000.
SB77-SSA1,1168,64
3. If the applicant sold at least $75,000 of that product during the preceding
5year for use in this state, $3,060, except that the fee is $2,760 for the license years
6that begin on January 1, 1999, and on January 1, 2000.
SB77-SSA1,1168,77
(c) For each nonhousehold pesticide product:
SB77-SSA1,1168,108
1. If the applicant sold less than $25,000 of that product during the preceding
9year for use in this state, $320, except that the fee is $270 for the license years that
10begin on January 1, 1999, and on January 1, 2000.
SB77-SSA1,1168,1311
2. If the applicant sold at least $25,000 but less than $75,000 of the product
12during the preceding year for use in this state, $890, except that the fee is $790 for
13the license years that begin on January 1, 1999, and on January 1, 2000.
SB77-SSA1,1168,1914
3. If the applicant sold at least $75,000 of the product during the preceding year
15for use in this state, $3,060 plus 0.2% of the gross revenues from sales of the product
16during the preceding year for use in this state, except that for the license years that
17begin on January 1, 1999, and on January 1, 2000, the fee shall be $2,760 plus 0.2%
18of the gross revenues from sales of the product during the preceding year for use in
19this state.
SB77-SSA1,1168,25
20(3) Nonhousehold pesticides; cleanup surcharge. Except for the license years
21that begin on January 1, 1999, and January 1, 2000, an applicant for a license under
22s. 94.68 shall pay an agricultural chemical cleanup surcharge for each nonhousehold
23pesticide product that the applicant sells or distributes for use in this state. Except
24as provided in sub. (6) or under s. 94.73 (15), the amount of the surcharge is as
25follows:
SB77-SSA1,1169,2
1(a) If the applicant sold less than $25,000 of the product during the preceding
2year for use in this state, $5.
SB77-SSA1,1169,43
(b) If the applicant sold at least $25,000 but less than $75,000 of that product
4during the preceding year for use in this state, $170.
SB77-SSA1,1169,75
(c) If the applicant sold at least $75,000 of that product during the preceding
6year for use in this state, an amount equal to 1.1% of gross revenues from sales of the
7product during the preceding year for use in this state.
SB77-SSA1,1169,13
8(3m) Wood preservatives; cleanup surcharge. An applicant for a license
9under s. 94.68 shall pay an environmental cleanup surcharge for each pesticide
10product that is not a household pesticide and is solely labeled for use on wood and
11contains pentachlorophenol, coal tar creosote or inorganic arsenical wood
12preservatives that the applicant sells or distributes in this state. Except as provided
13in sub. (6), the amount of the surcharge is as follows:
SB77-SSA1,1169,1514
(a) If the applicant sold less than $25,000 of the product during the preceding
15year for use in this state, $5.
SB77-SSA1,1169,1716
(b) If the applicant sold at least $25,000 but less than $75,000 of that product
17during the preceding year for use in this state, $170.
SB77-SSA1,1169,2018
(c) If the applicant sold at least $75,000 of that product during the preceding
19year for use in this state, an amount equal to 1.1% of gross revenues from sales of the
20product during the preceding year for use in this state.
SB77-SSA1,1169,22
21(4) Primary producers; well compensation fee. A primary producer applying
22for a license under s. 94.68 shall pay a well compensation fee of $150.
SB77-SSA1,1170,2
23(5) Unreported pesticide; increased license fee. If a person applying for or
24holding a license under s. 94.68 sells or distributes a pesticide product for use in this
1state without having filed a report for the product under s. 94.68 (2) (a) 2. or (3), the
2license fee for that product is twice the amount determined under sub. (2).
SB77-SSA1,1170,5
3(6) Discontinued pesticide; final license fee and cleanup surcharge. (a) A
4person holding a license under s. 94.68 who stops selling or distributing a pesticide
5product for use in this state shall do all of the following:
SB77-SSA1,1170,76
1. Notify the department by December 31 of the year in which the person stops
7selling or distributing the pesticide product for use in this state.
SB77-SSA1,1170,148
2. By March 31 of the year following the year in which the person stopped
9selling or distributing the pesticide product for use in this state, file a report with the
10department showing the gross revenue that the person derived from the sale of the
11pesticide product for use in this state from October 1 of the year before the year in
12which the person stopped selling or distributing the pesticide product to December
1331 of the year in which the person stopped selling or distributing the pesticide
14product.
SB77-SSA1,1170,1815
3. By March 31 of the year following the year in which the person stopped
16selling or distributing the pesticide product for use in this state, pay a final license
17fee for the pesticide product, calculated under sub. (2) based on the sales of the
18pesticide product during the period specified in subd. 2.
SB77-SSA1,1170,2119
4. If the product is a nonhousehold pesticide, pay a final agricultural chemical
20cleanup surcharge calculated under sub. (3) based on sales of the product during the
21period specified in subd. 2.
SB77-SSA1,1170,2422
5. If the product is a wood preservative to which sub. (3m) applies, pay a final
23environmental cleanup surcharge calculated under sub. (3m) based on sales of the
24product during the period specified in subd. 2.
SB77-SSA1,1170,2525
(b) The department may not disclose information obtained under par. (a) 2.
SB77-SSA1,1171,3
1(7) Use of fees and surcharges. (a)
License fees. The department shall deposit
2all license fees collected under subs. (2), (5) and (6) (a) 3. in the agrichemical
3management fund except as follows:
SB77-SSA1,1171,64
1. The department shall deposit an amount equal to $94 for each pesticide
5product for which an applicant pays a license fee in the environmental fund for
6environmental management.
SB77-SSA1,1171,97
2. The department shall deposit a hazardous household waste collection and
8disposal fee of $30 for each household pesticide product for which an applicant pays
9a license fee in the environmental fund for environmental management.
SB77-SSA1,1171,1210
(b)
Nonhousehold pesticides; cleanup surcharge. The department shall deposit
11the surcharges collected under subs. (3) and (6) (a) 4. in the agricultural chemical
12cleanup fund.
SB77-SSA1,1171,1513
(bm)
Wood preservatives; cleanups surcharge. The department shall deposit
14the surcharges collected under subs. (3m) and (6) (a) 5. in the environmental fund
15for environmental management.
SB77-SSA1,1171,1816
(c)
Well compensation fee. The department shall deposit the well compensation
17fees collected under sub. (4) in the environmental fund for environmental
18management.
SB77-SSA1,1171,22
19(8) Fees and surcharges nonrefundable. The department may not refund a
20fee or surcharge under this section after the department issues a license under s.
2194.68 to the person who paid the fee or surcharge, unless the fee or surcharge was
22not properly charged or collected.
SB77-SSA1, s. 2520
23Section
2520. 94.685 (2) of the statutes is repealed and recreated to read:
SB77-SSA1,1172,424
94.685
(2) (a) A dealer or distributor applying for an annual license under sub.
25(1) shall apply on a form provided by the department. The application shall include
1the applicant's full name and the mailing address and street address of each business
2location from which the applicant sells, or intends to sell, restricted-use pesticides.
3The applicant shall submit the license fee and surcharge required under sub. (3) with
4the application.
SB77-SSA1,1172,75
(b) No dealer or distributor may sell any restricted-use pesticide from a sales
6location opened during a license year until that dealer or distributor pays the license
7fee and surcharge required under sub. (3) for the new location.
SB77-SSA1, s. 2521
8Section
2521. 94.685 (3) of the statutes is repealed and recreated to read:
SB77-SSA1,1172,119
94.685
(3) (a) A dealer or distributor shall pay the following annual license fee
10and surcharge for each location from which the dealer or distributor sells
11restricted-use pesticides:
SB77-SSA1,1172,1212
1. A license fee of $60.
SB77-SSA1,1172,1613
2. An agricultural chemical cleanup surcharge of $40, unless the department
14establishes a lower surcharge under s. 94.73 (15), except that the dealer or
15distributor need not pay the surcharge for the license years that begin on January
161, 1999, and on January 1, 2000.