Rule-Making Notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
(DATCP DOCKET # 08-R-08)
NOTICE IS HEREBY GIVEN that the state of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed rule to revise Chapter
ATCP 29, relating to pesticide use and control.
Hearing Information
DATCP will hold two public hearings at the times and locations shown below.
Date: Tuesday, February 21, 2012
Time: 1:00 P.M.-3:00 P.M.
Location: Outagamie County UW Extension
Room ABC
3365 W. Brewster St.
Appleton, WI 54914
Date: Wednesday, February 29, 2012
Time: 1:00 P.M.-3:00 P.M.
Location: Department of Agriculture, Trade and
Consumer Protection
Board Room (Room 106) 1st Floor
2811 Agriculture Drive
Madison, WI 53718-6777
Hearing-impaired persons may request an interpreter for this hearing. Please make reservations for a hearing interpreter by February 7, 2012, by writing to Michael Murray, Division of Agricultural Resource Management, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4551. Alternatively, you may contact the DATCP TDD at (608) 224-5058. The hearing facility is handicap accessible.
Appearances at the Hearing and Submittal of Written Comments
DATCP invites the public to attend the hearing and comment on the proposed rule. Following the public hearings, the hearing record will remain open until
March 30, 2012, for additional written comments. Comments may be sent to the Division of Agricultural Resource Management at the address below, by email to
michael.murray@wisconsin.gov, or online
http://adminrules.wisconsin.gov.
To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to
keeley.moll@wisconsin.gov, or by telephone at (608)224-5039.
Copies of Proposed Rule
You can obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Resource Management, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-4551 or emailing
michael.murray@wisconsin.gov. Copies will be available at the hearings. To view the proposed rule online, go to:
http://adminrules.wisconsin.gov.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
The Wisconsin department of agriculture, trade and consumer protection (DATCP) regulates the sale and use of pesticides in this state. This rule modifies current rules related to pesticides. Among other things, this rule:
• Repeals the provision that veterinarians and animal technicians who use pesticides for animal treatment be required to obtain individual commercial applicator licenses. This change will make the current rule consistent with a recent law change that removes the requirement for veterinary clinics to obtain special veterinary clinic pesticide use permits.
• Modifies an existing pesticide applicator certification category to include pesticide applications to natural areas, which is of interest to those committed to rehabilitating or maintaining natural areas and also is an area of business growth for pesticide applicators.
• Allows regulated persons to give certain notices and submit certain permit applications by electronic transmission to customers, if customers choose to receive important pesticide safety information in that way. It also reduces paperwork for some businesses by eliminating duplicative recordkeeping requirements and clarifies that certain paperwork will be submitted to the department primarily by electronic means.
• Updates current rules related to structural pesticide applications, including rules related to perimeter barrier applications and application notices.
•
Harmonizes current rules with existing rules related to fertilizer and pesticide bulk storage.
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Updates current rules related to non-agricultural chemigation systems. The rule also provides minimum requirements for the installation and use of urban pesticide misting systems.
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Creates labeling requirements for pesticide bait stations that are set out by commercial applicators, such as rodent bait stations, which often are placed outdoors in areas that are accessible to animals and the public.
• Modernizes the rules related to spill containment and spill containment surfaces. The rule also clarifies that spill containment surface repairs shall be made according to good engineering practices and manufacturer specifications.
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Removes obsolete pesticide license fee provisions to avoid confusion when reading the rule.
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Updates the administrative rule note regarding current worker protection provisions to remove outdated requirements, which are set by federal regulations.
•
Makes a number of other minor drafting changes designed to update, clarify and correct current rules.
Statutes interpreted
Statutory authority
Rule content
This rule updates administrative rules relating to pesticide use and control. Some of the key changes include the following:
Veterinary Clinics Applying Pesticides
2009 Wis. Act 139 repealed a statutory provision that required veterinary clinics to have an annual DATCP permit to use, repackage or prescribe pesticides as part of a veterinary treatment. This rule modifies current rules to reflect that statutory change. This rule also clarifies that veterinarians and certified veterinary technicians are not required to have an individual commercial applicator license in order to use a pesticide as part of a veterinary treatment.
Applying Pesticides to Natural Areas; Applicator Certification
Under current rules, commercial pesticide applicators must be certified for competence in relevant application categories. This rule expands the current turf and landscape category to include applications to natural areas. Applicators applying pesticides to natural areas must have relevant knowledge related to the restoration and maintenance of natural areas and the treatment of common pests affecting natural areas.
Pesticide Mixing and Loading Sites; Spill Containment
DATCP recently updated its rules in Ch.
ATCP 33 related to fertilizer and pesticide bulk storage. This rule updates related pesticide rules in Ch.
ATCP 29 to make them consistent with Ch.
ATCP 33, including construction and maintenance standards for pesticide mixing and loading sites. The updated standards include standards related to construction materials, sumps, catch basins, spill containment and cleanup.
Urban Pesticide Misting System
Under the existing rule, chemigation systems generally are defined as systems that mix pesticides with irrigation water and apply the pesticide irrigation water mixture to plants. These types of pesticide application systems must meet certain standards and posting requirements. Existing standards and posting requirements apply to chemigation systems used in either agricultural or nonagricultural settings.
New forms of non-agricultural chemigation systems are being installed at residential and commercial sites for the purpose of controlling pests such as mosquitoes. These urban pesticide misting systems are considered to be a type of chemigation but do not use irrigation water and are not used to apply water to lands, crops or plants. These chemigation systems disperse a mixture of pesticides and water into the air in the form of a mist to kill or control pests such as mosquitoes. In this rule, the definition of “non-agricultural chemication system" includes urban pesticide misting systems and establishes standards and posting requirements specifically for these systems.
Perimeter Barrier Applications
This rule creates a definition for “perimeter barrier applications" and establishes that these are pesticide applications made on or within ten feet of a building or structure to discourage pests. The rule also clarifies the notification requirements for these applications.
Worker Protection Provisions
Under the existing rule and in a Note to s.
ATCP 29.61, Wis. Adm. Code, DATCP summarized worker protection requirements established by the United State Environmental Protection Agency (EPA) that are on the labels of pesticides or simply referenced on other pesticide labels. Some of the requirements in the Note are outdated. In this rule, DATCP notifies persons that worker protection requirements established by the EPA may be obtained at an EPA internet site or that DATCP will provide, upon request, a summary of those requirements.
Electronic Notifications
Many of the notification requirements throughout the rule require written notification to customers. In this proposed rule, DATCP is explicitly permitting the use of electronic notifications if the customer agrees to that method of notification. DATCP is also allowing persons to apply for special pesticide permits via electronic methods in order to decrease the time it takes to submit, review and issue these permits. DATCP is also clarifying the rules related to the landscape registry to allow explicitly for electronic registration and publication.
Pesticide Bait Stations
Many bait stations used by commercial applicators containing a pesticide to control rodents are not labeled or have labeling that becomes unreadable due to being outside and exposed to the elements. The concern is that human or non-target species exposure to unknown products may delay timely medical assistance. This rule establishes labeling requirements for bait stations containing a pesticide to control rodents and used by commercial pesticide applicators. The exterior of the bait stations must be labeled with the company responsible for maintaining the bait station and the EPA registration number of the pesticide(s) in the bait station. This information must be readily accessible and remain legible while the bait station is in service.
Other Changes
