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.
94.681
94.681
Well compensation fee. 94.681(1)(a)
(a) "Licensee" means a person required to obtain a license under
s. 94.68.
94.681(1)(b)
(b) "Primary producer" means a licensee that manufactures an active ingredient which is used to manufacture or produce a pesticide.
94.681(2)
(2) No primary producer may manufacture, formulate, distribute, package, label or otherwise produce pesticides for sale or distribution in this state unless the primary producer pays an annual well compensation fee of $150.
94.681(3)
(3) The department shall collect the well compensation fee at the same time that annual and supplemental license fees are collected under
s. 94.68. The moneys collected under this subsection shall be credited to the environmental fund for environmental repair.
94.681 History
History: 1989 a. 31.
94.685
94.685
Pesticides; licensing of dealers and distributors of restricted-use pesticides. 94.685(1)
(1) No dealer or distributor may sell or offer to sell a restricted-use pesticide in this state, whether or not the sale is made wholly or partially in this state or another state, without a license issued by the department under this section. A license expires on December 31 annually and is not transferable.
94.685(2)
(2) An application for a license under this section shall be made on a form provided by the department, and shall be accompanied by the license fee required under
sub. (3). Each license application shall include the full name of the licensee and the mailing address and street address of each location from which restricted-use pesticides are sold by the licensee.
94.685(3)
(3) A licensee shall pay an annual license fee for each location from which the licensee sells restricted-use pesticides, including any new location opened during the license period. A licensee who opens a new sales location during the license period may not sell a restricted-use pesticide from the new location unless the licensee has paid the license fee for that new sales location. The amount of the license fee is $100 for each location, except that if the location is also licensed under
s. 94.703 the license fee is $50.
94.69
94.69
Pesticides; rules. The department may promulgate rules:
94.69(1)
(1) To declare as a pest any form of plant or animal life or virus which is injurious to plants, persons, animals or substances.
94.69(2)
(2) To determine which pesticides and substances contained therein are highly toxic to persons.
94.69(3)
(3) To determine standards of coloring or discoloring for pesticides.
94.69(4)
(4) To carry out the provisions of
ss. 94.67 to
94.71, including the sale, distribution or storage of pesticides, the collection and examination of pesticide samples, and the removal of pesticides from sale after registration has been canceled or if otherwise being sold, offered or exposed for sale in violation of the law or rules of the department.
94.69(5)
(5) To govern the labeling of pesticides, including the use of precautionary or warning statements, the declaration of ingredients, and the giving of adequate instructions or directions for use.
94.69(6)
(6) To establish reasonable standards for the packaging of those pesticides which the department finds require special care in packaging and to the extent found necessary to prevent injury to the public.
94.69(7)
(7) To require permits or notice to the department prior to the shipment or use of pesticides for experimental or research purposes, including conditions under which such permits may be granted or notice required.
94.69(8)
(8) To govern the conditions under which containers of pesticides may be transported, stored or disposed of.
94.69(9)
(9) To govern the use of pesticides, including their formulations, and to determine the times and methods of application and other conditions of use.
94.69(10)
(10) The department shall promulgate rules when it determines that it is necessary for the protection of persons or property from serious pesticide hazards and that its enforcement is feasible and will substantially eliminate or reduce such hazards. In making this determination the department shall consider the toxicity, hazard, effectiveness and public need for the pesticides, and the availability of less toxic or less hazardous pesticides or other means of pest control. It shall obtain the recommendations of the pesticide review board and such rules, other than rules to protect groundwater adopted to comply with
ch. 160, are not effective until approved by the pesticide review board. Such rules shall not affect the application of any other statutes or rule adopted thereunder.
94.69(11)
(11) To register pesticides formulated for distribution and use within this state to meet special local needs as authorized under the federal act and impose fees reasonably calculated to cover the cost of registration.
94.69(12)
(12) To exempt any pesticides from the application of
ss. 94.67 to
94.71 which are adequately regulated under other state or federal laws or which are of such a character that the regulation of their use is unnecessary for the protection of health and the environment.
94.69 Cross-reference
Cross-reference: See s.
134.67 for prohibition of use of DDT and exceptions to the prohibition.
94.69 Annotation
See note to 29.65, citing 62 Atty. Gen. 130.
94.70
94.70
Pesticides; prohibited acts. 94.70(1)
(1) No person may distribute, sell, offer for sale, hold for sale, ship, deliver for shipment or receive for distribution, delivery or sale to any person in this state whether or not the acts or transactions take place in intrastate commerce or between points within this state through any point outside this state, any pesticide:
94.70(1)(a)
(a) Which has not been registered as required under the federal act or rules of the department.
94.70(1)(b)
(b) About which claims are made, or directions for use are given, which differ in substance from representations made in connection with its registration under the federal act or rules of the department.
94.70(1)(c)
(c) Which differs in composition from the composition represented in connection with its registration under the federal act or rules of the department.
94.70(1)(d)
(d) Unless it is in the registrant's, manufacturer's or packer's unbroken immediate container and labeled as required under the federal act or rules of the department.
94.70(1)(e)
(e) Which has not been colored or discolored as required under the federal act or rules of the department.
94.70(1)(f)
(f) Which is adulterated or misbranded, or violates any other provision of the federal act or
ss. 94.67 to
94.71 or rules of the department.
94.70(2)
(2) The prohibitions of
sub. (1) shall not apply to:
94.70(2)(a)
(a) Any carrier while engaged in transporting a pesticide within this state, if such carrier permits the department on request to copy all records showing the transactions in and movement of the products.
94.70(2)(b)
(b) Public officials of this state and the federal government engaged in the performance of their official duties.
94.70(2)(c)
(c) Persons using or possessing a pesticide in accordance with the terms and conditions of an experimental use permit issued under the federal act or rules of the department.
94.70(2)(d)
(d) Articles consigned for shipment to another state or for export to a foreign country, if prepared or packed according to the specifications or directions of the purchaser.
94.70(2)(e)
(e) Any person shipping a substance or mixture of substances only in the conduct of screening tests to determine its usefulness or value as a pesticide or its toxicity or other properties and from which the person does not expect to receive any pest control benefit from its use.
