94.681(3m)
(3m) Wood preservatives; cleanup surcharge. An applicant for a license under
s. 94.68 shall pay an environmental cleanup surcharge for each pesticide product that is not a household pesticide and is solely labeled for use on wood and contains pentachlorophenol or coal tar creosote that the applicant sells or distributes in this state. Except as provided in
sub. (6), the amount of the surcharge is as follows:
94.681(3m)(a)
(a) If the applicant sold less than $25,000 of the product during the preceding year for use in this state, $5.
94.681(3m)(b)
(b) If the applicant sold at least $25,000 but less than $75,000 of that product during the preceding year for use in this state, $170.
94.681(3m)(c)
(c) If the applicant sold at least $75,000 of that product during the preceding year for use in this state, an amount equal to 1.1% of gross revenues from sales of the product during the preceding year for use in this state.
94.681(4)
(4) Primary producers; well compensation fee. A primary producer applying for a license under
s. 94.68 shall pay a well compensation fee of $150.
94.681(5)
(5) Unreported pesticide; increased license fee. If a person applying for or holding a license under
s. 94.68 sells or distributes a pesticide product for use in this state without having filed a report for the product under
s. 94.68 (2) (a) 2. or
(3), the license fee for that product is twice the amount determined under
sub. (2).
94.681(6)
(6) Discontinued pesticide; final license fee and cleanup surcharge. 94.681(6)(a)(a) A person holding a license under
s. 94.68 who stops selling or distributing a pesticide product for use in this state shall do all of the following:
94.681(6)(a)1.
1. Notify the department by December 31 of the year in which the person stops selling or distributing the pesticide product for use in this state.
94.681(6)(a)2.
2. By March 31 of the year following the year in which the person stopped selling or distributing the pesticide product for use in this state, file a report with the department showing the gross revenue that the person derived from the sale of the pesticide product for use in this state from October 1 of the year before the year in which the person stopped selling or distributing the pesticide product to December 31 of the year in which the person stopped selling or distributing the pesticide product.
94.681(6)(a)3.
3. By March 31 of the year following the year in which the person stopped selling or distributing the pesticide product for use in this state, pay a final license fee for the pesticide product, calculated under
sub. (2) based on the sales of the pesticide product during the period specified in
subd. 2.
94.681(6)(a)4.
4. If the product is a nonhousehold pesticide, pay a final agricultural chemical cleanup surcharge calculated under
sub. (3) based on sales of the product during the period specified in
subd. 2.
94.681(6)(a)5.
5. If the product is a wood preservative to which
sub. (3m) applies, pay a final environmental cleanup surcharge calculated under
sub. (3m) based on sales of the product during the period specified in
subd. 2.
94.681(7)(a)(a)
License fees. The department shall deposit all license fees collected under
subs. (2),
(5) and
(6) (a) 3. in the agrichemical management fund except as follows:
94.681(7)(a)1.
1. The department shall deposit an amount equal to $94 for each pesticide product for which an applicant pays a license fee in the environmental fund for environmental management.
94.681(7)(a)2.
2. The department shall deposit a hazardous household waste collection and disposal fee of $30 for each household pesticide product for which an applicant pays a license fee in the environmental fund for environmental management.
94.681(7)(b)
(b)
Nonhousehold pesticides; cleanup surcharge. The department shall deposit the surcharges collected under
subs. (3) and
(6) (a) 4. in the agricultural chemical cleanup fund.
94.681(7)(bm)
(bm)
Wood preservatives; cleanups surcharge. The department shall deposit the surcharges collected under
subs. (3m) and
(6) (a) 5. in the environmental fund for environmental management.
94.681(7)(c)
(c)
Well compensation fee. The department shall deposit the well compensation fees collected under
sub. (4) in the environmental fund for environmental management.
94.681(8)
(8) Fees and surcharges nonrefundable. The department may not refund a fee or surcharge under this section after the department issues a license under
s. 94.68 to the person who paid the fee or surcharge, unless the fee or surcharge was not properly charged or collected.
94.681 History
History: 1989 a. 31;
1997 a. 27;
1999 a. 9.
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)(a)(a) A dealer or distributor applying for an annual license under
sub. (1) shall apply on a form provided by the department. The application shall include the applicant's full name and the mailing address and street address of each business location from which the applicant sells, or intends to sell, restricted-use pesticides. The applicant shall submit the license fee and surcharge required under
sub. (3) with the application.
94.685(2)(b)
(b) No dealer or distributor may sell any restricted-use pesticide from a sales location opened during a license year until that dealer or distributor pays the license fee and surcharge required under
sub. (3) for the new location.
94.685(3)(a)(a) A dealer or distributor shall pay the following annual license fee and surcharge for each location from which the dealer or distributor sells restricted-use pesticides:
94.685(3)(a)2.
2. An agricultural chemical cleanup surcharge of $40, unless the department establishes a lower surcharge under
s. 94.73 (15), except that the dealer or distributor need not pay the surcharge for the license years that begin on January 1, 1999, and on January 1, 2000.
94.685(3)(b)1.1. The department shall deposit the fee under
par. (a) 1. in the agrichemical management fund.
94.685(3)(b)2.
2. The department shall deposit the surcharge collected under
par. (a) 2. in the agricultural chemical cleanup fund.
94.69
94.69
Pesticides; rules. 94.69(1)(1) The department may promulgate rules:
94.69(1)(a)
(a) 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(1)(b)
(b) To determine which pesticides and substances contained therein are highly toxic to persons.
94.69(1)(c)
(c) To determine standards of coloring or discoloring for pesticides.
94.69(1)(d)
(d) 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(1)(e)
(e) 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(1)(f)
(f) 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(1)(g)
(g) 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(1)(h)
(h) To govern the conditions under which containers of pesticides may be transported, stored or disposed of.
94.69(1)(i)
(i) 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(1)(j)
(j) 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. These rules do not affect the application of any other statutes or rules promulgated under those statutes.
94.69(1)(k)
(k) 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(1)(L)
(L) 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(2)(a)(a) Notwithstanding
sub. (1) (i) and
ss. 160.19 and
160.21, the department may not promulgate a rule prohibiting the use of atrazine in part or all of the area described in
par. (b), based on a sample of groundwater taken before June 17, 1998, with a concentration of total chlorinated atrazine residue that attains or exceeds the enforcement standard if the concentration of total chlorinated atrazine residue in a subsequent sample of groundwater from the same sampling point is less than the enforcement standard, except that the department may promulgate a rule prohibiting the use of atrazine in part or all of the area described in
par. (b) based on a sample of groundwater taken after June 17, 1998, in which the concentration of total chlorinated atrazine residue attains or exceeds the enforcement standard.
94.69(2)(b)
(b) Paragraph (a) applies to an area in the town of North Lancaster, Grant County, described as follows: SE-1/4 of Sec. 7, S-1/2 of Sec. 8, SW-1/4 of Sec. 9, W-1/2 of Sec. 16, Sec. 17, E-1/2 of Sec. 18, NE-1/4 of Sec. 19, N-1/2 of Sec. 20 and NW-1/4 of Sec. 21, T. 5 N., R. 3 W.
94.69 Cross-reference
Cross-reference: See s.
134.67 for prohibition of use of DDT and exceptions to the prohibition.
94.69 Annotation
When a criminal action is brought for a violation of ch. 94, prohibiting deposit of pesticides in public waters of the state, the proceeding is not barred by a civil action to recover the statutory value of the fish killed by the pesticides. 62 Atty. Gen. 130.
94.695
94.695
Pesticide sales and use reporting system. 94.695(1)(1)
Proposal. The department shall develop a proposal for a pesticide sales and use reporting system and shall submit the proposal to the joint committee on finance for review.
94.695(2)
(2) Funding. If the joint committee on finance approves the proposal under
sub. (1), it may, from the appropriation under
s. 20.865 (4) (u), supplement the appropriation under
s. 20.115 (7) (ue) in an amount not to exceed $150,000. Notwithstanding
s. 13.101 (3) (a), the committee is not required to find that an emergency exists.
94.695(3)
(3) Pilot project. If the joint committee on finance approves the proposal under
sub. (1), the department shall administer a pilot program to test the pesticide sales and use reporting system.
94.695 History
History: 1999 a. 9.
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.
94.70(3)(a)
(a) Detach, alter, deface or destroy, in whole or in part, any label or labeling required under the federal act or under
ss. 94.67 to
94.71 or rules under
ss. 94.67 to
94.71, or add any substance to or take any substance from any pesticide in a manner that may defeat the purposes of the laws.
94.70(3)(b)
(b) Use for personal advantage or reveal, other than to federal or state agencies, the courts, physicians, pharmacists or other persons requiring the information for the performance of their duties, any information relative to formulas acquired in the administration of
ss. 94.67 to
94.71 which may be confidential under the federal act or otherwise constitute a trade secret as defined in
s. 134.90 (1) (c).
94.70(3)(c)
(c) Advertise pesticides registered for restricted-use as a registrant, manufacturer, wholesaler, dealer, retailer or other distributor without disclosing that the pesticides are classified as restricted-use pesticides.
94.70(3)(d)
(d) Use or make available for use any restricted-use pesticide contrary to its labeling or other restrictions or exemptions imposed on its use under the federal act or the laws of this state.
94.70(3)(e)
(e) Claim falsely to be a certified applicator in one or more uses of any pesticide.
94.70(3)(f)
(f) Use or direct the use of pesticides as a certified applicator in categories of pesticide use and application for which no certification has been obtained.
94.70(3)(g)
(g) Use any pesticide in a manner inconsistent with its labeling except as authorized by the department.
94.70(3)(h)
(h) Use any pesticide under an experimental use permit contrary to the provisions of the permit.
94.70(3)(i)
(i) Fail to maintain records or file reports as required under
ss. 94.67 to
94.71 or rules under
ss. 94.67 to
94.71 or falsify records or reports or any application filed with the department.
94.70 Annotation
A "negligence per se" instruction was appropriate when a violation of sub. (3) (g) damaged a beekeeper's hives. Bennett v. Larsen Co.
118 Wis. 2d 681,
348 N.W.2d 540 (1984).
94.70 Annotation
Sub. (1) (b) was, as a matter of law, violated by the defendant when the federal label, which represented the minimum information that could have been submitted to the department, provided that application of the herbicide after 50% emergence might reduce yields, when a representative of the defendant told the plaintiff that the plaintiff's potatoes would only be singed a little by applying the herbicide after 50% emergence. Perzinski v. Chevron Chemical Co.
503 F.2d 654.
