94.67(25m)
(25m) "Pesticide product" means a pesticide, all of the containers in commerce of which are labeled with a unique combination of all of the following:
94.67(25m)(b)
(b) The pesticide registration number assigned to the pesticide under the federal act.
94.67(26)
(26) "Plant regulator" means any pesticide labeled or designed or intended for use, through physiological action, in accelerating or retarding the rate of growth or maturation, or for otherwise altering the behavior of plants or the produce of the plant, but does not include substances to the extent labeled or designed or intended for use as plant nutrients, trace elements, nutritional chemicals, plant inoculants and soil amendments. The term also excludes nutrient mixtures or soil amendments commonly known as vitamin-hormone horticultural products intended for improvement, maintenance, survival, health and propagation of plants, if they are not labeled, designed or intended for use for pest destruction and are nontoxic and nonpoisonous in the undiluted packaged concentration.
94.67(26m)
(26m) "Private applicator" means a person who uses or directs the use of any pesticide for the purpose of producing any agricultural commodity on property owned or rented by the person or the person's employer, or on property of another person if the pesticide is used without compensation other than the trading of goods or services between producers of agricultural commodities on an exchange basis. "Private applicator" does not include a veterinarian or veterinary technician who uses a pesticide only while lawfully practicing within the scope of his or her license or certificate.
94.67(27)
(27) "Produce" or "manufacture" means to manufacture, formulate, prepare, compound, propagate, package, label or process any pesticide.
94.67(28)
(28) "Producer" or "manufacturer" means the person who produces or manufactures any pesticide.
94.67(29)
(29) "Protect health and the environment" means protection against any unreasonable adverse effects on the environment.
94.67(30)
(30) "Registrant" means a person who has registered any pesticide under the federal act or rules of the department.
94.67(31)
(31) "Restricted-use pesticide" means a pesticide for which certain or all of its uses are classified as being for restricted use under the federal act.
94.67(33)
(33) "Unreasonable adverse effects on the environment" means unreasonable risk to persons or the environment, taking into account the economic, social and environmental costs and benefits of the use of any pesticide.
94.67(33m)
(33m) "Veterinarian" means an individual who is licensed as a veterinarian under
ch. 453.
94.67(33t)
(33t) "Veterinary technician" means an individual who is certified as a veterinary technician under
ch. 453.
94.67(34)
(34) "Weed" means any plant which grows where not wanted.
94.675
94.675
Pesticides; adulteration. A pesticide is adulterated:
94.675(1)
(1) If its strength, quality, purity or effectiveness falls below the standards expressed on the label;
94.675(2)
(2) If any substance has been substituted wholly or in part for the articles;
94.675(3)
(3) If any valuable constituent of the article has been wholly or in part abstracted.
94.675(4)
(4) If it does not bear an identifying label or it does not conform to the name or description of ingredients given on the label.
94.676
94.676
Pesticides; misbranding. A pesticide is misbranded if:
94.676(1)
(1) Its labeling bears any statement, design or graphic representation relative to the pesticide, or to its ingredients, which is false or misleading in any particular.
94.676(2)
(2) It is an imitation of, or is offered for sale under, the name of another pesticide.
94.676(3)
(3) It is contained in a package or other container or wrapping which does not conform to the standards established under the federal act or rules of the department.
94.676(4)
(4) Its label does not bear the registration number assigned to each establishment in which it was produced as required under the federal act or rules of the department.
94.676(5)
(5) Any word, statement or other information required under the authority of the federal act or
ss. 94.67 to
94.71 to appear on the label or labeling is not prominently placed on the label or labeling with conspicuousness, compared with other words, statements, designs or graphic matter in the labeling, and in terms so as to render it likely to be read and understood by the ordinary person under customary conditions of purchase and use.
94.676(6)
(6) The labeling does not contain directions or instructions for use which are necessary for effecting the purpose for which the product is intended and which, if complied with, are adequate to protect health and the environment.
94.676(7)
(7) The label does not contain a warning or caution statement which may be necessary and which, if complied with, is adequate to protect health and the environment.
94.676(8)
(8) The label does not bear an ingredient statement on that part of the immediate container which is presented or displayed under customary conditions of purchase and on the outside container or wrapper of the retail package, if there is one, through which the ingredient statement on the immediate container cannot be clearly read, except that a pesticide is not misbranded under this subsection if:
94.676(8)(a)
(a) The size or form of the immediate container, or the outside container or wrapper of the retail package, makes it impracticable to place the ingredient statement on the part which is presented or displayed under customary conditions of purchase; and
94.676(8)(b)
(b) The ingredient statement appears prominently on another part of the immediate container, or outside container or wrapper, when authorized under the federal act.
94.676(9)
(9) The labeling does not contain a statement of the use classification under which the pesticide is registered under the federal act or rules of the department.
94.676(10)
(10) There is not affixed to its container and to the outside container or wrapper of the retail package, if any, through which the required information on the container can be read clearly, a label bearing:
94.676(10)(a)
(a) The name and address of the producer, registrant or person for whom produced;
94.676(10)(b)
(b) The name, brand or trademark under which the pesticide is sold;
94.676(10)(c)
(c) The net weight or measure of the contents subject to variations as authorized under state or federal law; and
94.676(10)(d)
(d) The registration number and use classification assigned to the pesticide when required under the federal act.
94.676(11)
(11) The pesticide contains any substance or substances in quantities highly toxic to persons, unless the label bears, in addition to other required labeling:
94.676(11)(b)
(b) The word "POISON" prominently in red on a background of distinctly contrasting color; and
94.676(11)(c)
(c) An antidote statement of a practical treatment, first aid or otherwise, in case of pesticide poisoning.
94.676(12)
(12) Its labeling contains statements, claims or directions for use which, if complied with, would violate any laws of this state or the federal act relating to the sale or use of pesticides.
94.676 History
History: 1975 c. 94 s.
91 (10);
1977 c. 106.
94.68
94.68
Pesticides; licensing of manufacturers and labelers. 94.68(1)(1) No person may manufacture, formulate, package, label or otherwise produce pesticides for sale or distribution in this state, or sell or offer to sell pesticides to purchasers in this state, whether or not the sales are made wholly or partially in this state or another state, without a license from the department. No license may be required of persons engaged only in:
94.68(1)(a)
(a) The sale or distribution of pesticides at wholesale or retail in the immediate, unbroken container of licensed manufacturers as manufactured, produced, packaged or labeled by them.
94.68(1)(b)
(b) The sale of pesticides or active ingredients to licensed manufacturers for use as a basic ingredient in the manufacture or formulation of another pesticide or for further processing, packaging or labeling.
94.68(1)(c)
(c) The blending of fertilizer-pesticide mixtures in accordance with the registered pesticide label at the customer's request for use on property owned, rented or controlled by the customer, or blending mixtures according to registered pesticide label uses for custom application by the blender. The mixtures may not be resold or redistributed.
94.68(1)(d)
(d) The sale or application, as certified commercial applicators of pesticides or pesticide-fertilizer mixtures, mixed or blended by them for their own use in the commercial application of pesticides if the pesticides used for mixing and blending were obtained from a licensee under this section.
94.68(2)
(2) An application for a license issued under this section shall be made on a form prescribed by the department and shall be accompanied by the license fees required under
sub. (3). The license expires on December 31 of each year and is not transferable.
94.68(3)(a)1.
1. "Household pesticide" means a pesticide that is any of the following:
94.68(3)(a)1.d.
d. An insect repellant that is applied to the human body or to clothing.
94.68(3)(a)1.e.
e. A pesticide that is used exclusively for the treatment of household pets.
94.68(3)(a)1.f.
f. A pesticide product that is labeled exclusively for household, lawn or garden use if the product is sold in ready-to-use form or the product, if sold in concentrated form, is sold exclusively in container sizes of less than a gallon.
94.68(3)(a)1.g.
g. A solid or liquid pesticide product that is used exclusively for the treatment of swimming pools, spas or hot tubs.
94.68(3)(a)2.
2. "Nonhousehold pesticide" means a pesticide that is not a household pesticide.
94.68(3)(a)3.
3. "Preceding year" means the 12 months ending on September 30 of the year immediately preceding the year for which a license is sought under this section.
94.68(3)(b)
(b) A licensee shall pay an annual license fee for each pesticide product to be sold or distributed by the licensee in the license year that is based on the volume of the licensee's sales of the pesticide product for use within the state during the preceding year. The fee shall be the following amount for each pesticide product:
94.68(3)(b)1.
1. For no sales or sales of less than $25,000, $235.
94.68(3)(b)2.
2. For sales equal to or greater than $25,000, but less than $75,000, $720.
94.68(3)(b)3.
3. For sales equal to or greater than $75,000, $1,470.
94.68(3)(bg)
(bg) In addition to the fees under
par. (b), a licensee shall pay a hazardous waste collection and disposal surcharge of $30 for each household pesticide product to be sold or distributed by the licensee in the license year.
94.68(3)(br)
(br) In addition to the fees under
par. (b), a licensee shall pay a surcharge for each nonhousehold pesticide product to be sold or distributed by the licensee in the license year that is based on the volume of the licensee's sales of the nonhousehold pesticide product for use within the state during the preceding year. The surcharge shall be the following amount:
94.68(3)(br)2.
2. For sales equal to or greater than $25,000, but less than $75,000, $340.
94.68(3)(br)3.
3. For sales equal to or greater than $75,000, an amount equal to the sum of $1,590 plus 1.3% of those sales.
94.68(3)(c)
(c) To permit verification of the required license fees under this subsection, every licensee shall submit a report to the department at the time of license application listing the volume of sales of each pesticide product of the licensee that was sold or distributed by the license applicant during the preceding year for use within this state. If a pesticide product of a licensee is not listed by the licensee at the time of license application, the licensee shall file a supplementary report with the department at least 15 days prior to any proposed sale or distribution of that pesticide product for use within this state. The supplementary report shall identify the pesticide product to be sold or distributed, and be accompanied by the license fee required under
par. (b). The department shall treat individual sales and distribution information as confidential.
94.68(3)(d)
(d) A licensee who fails to report a pesticide product as required under
par. (c) shall pay a surcharge of twice the amount required to be paid for that product under
par. (b). The surcharge is in addition to the license fees required under
par. (b). Failure to report a pesticide product may constitute grounds for the denial, suspension or revocation of a license under this section, and may subject the licensee to the penalties under
s. 94.71.
94.68(3)(e)
(e) A licensee who discontinues the activity for which a license is issued under this section with regard to any pesticide product shall notify the department of the discontinuance not later than December 31 of the year in which the licensee discontinues the activity. The licensee shall, not later than the following March 1, pay to the department an amount equal to the license fees listed under
par. (b) based on the volume of the licensee's sales of the discontinued pesticide product for the period beginning the day after the last reporting period and ending December 31 of the year of the discontinuance and shall submit the report required under
par. (c) for that period.
94.68(3)(f)
(f) No fee paid for a license under this section is transferable or refundable after that license has been issued.
94.68(4)(a)(a) The department shall deposit the following amounts in the agrichemical management fund under
s. 25.465:
94.68(4)(a)1.
1. An amount equal to the difference between all of the license fees received under
sub. (3) (b),
(c) and
(e) and all of the amounts deposited under
pars. (b),
(bm) and
(c).
94.68(4)(b)
(b) The department shall deposit in the environmental fund for groundwater management an amount equal to $50 of the amount received for each household pesticide product under
sub. (3) (b),
(c) and
(e).
94.68(4)(bm)
(bm) The department shall deposit in the environmental fund for groundwater management an amount equal to $50 of the amount received for each nonhousehold pesticide product under
sub. (3) (b),
(c) and
(e).
94.68(4)(bt)
(bt) The department shall deposit in the environmental fund for groundwater management all of the hazardous waste collection and disposal surcharges received under
sub. (3) (bg).
94.68(4)(c)
(c) The department shall deposit in the environmental fund for environmental repair an amount equal to $30 of the amount received for each pesticide product under
sub. (3) (b),
(c) and
(e).
94.68(5)
(5) Manufacturers or labelers of pesticides shall submit to the department on request, product samples, copies of labeling or any other data or information which the department requests concerning composition and claims and representations made for pesticides manufactured or labeled by them in this state.
94.68(6)
(6) The department may require a person licensed under
sub. (1) to submit to the department any information which is needed in the administration of
ss. 94.67 to
94.71 or
ch. 160. The licensee may designate any information submitted under this subsection as a trade secret as defined in
s. 134.90 (1) (c). The department may require the licensee to substantiate that the information is in fact a trade secret. Any information which the department determines to be a trade secret shall be kept confidential by the department. The department may enter into agreements with any person to allow for the review of trade secret information if the department ensures that the trade secret information will be kept confidential. The department may require a licensee to submit a summary of trade secret information for the purpose of providing information to the public.
94.68(7)
(7) A license under this section does not constitute a registration of individual pesticide products within the meaning of the federal act, nor does it authorize any pesticide sale or distribution otherwise prohibited by law.
