94.707
94.707
Distribution and sale of certain pesticides. 94.707(1)(1)
Prohibition. No person may distribute, sell, offer for sale or use any pesticide product containing any of the following active ingredients:
94.707(1)(a)
(a) 2,4,5-trichlorophenoxyacetic acid (2,4,5-T).
94.707(1)(b)
(b) 2-(2,4,5-trichlorophenoxy) propionic acid (silvex).
94.707(1m)
(1m) Use of daminozide on food-producing plants prohibited. No person may distribute, sell, offer for sale or use any pesticide product containing daminozide as an active ingredient and intended for use on a food-producing plant.
94.707(2)
(2) Exemption. The prohibition under
sub. (1) does not apply to a person using or possessing a pesticide product containing any active ingredient under
sub. (1) (a) to
(f) according to the terms and conditions of an experimental use permit issued under the federal act or rules of the department.
94.707(3)(a)(a) No later than 6 months after the applicable date under
par. (d), any person, except a dealer or distributor, who owned any quantity of a pesticide listed in
sub. (1m) or containing an active ingredient listed in
sub. (1) (c) to
(f) on the applicable date under
par. (d) shall return or deliver all of that pesticide to the manufacturer or to the dealer or distributor from whom he or she purchased the pesticide.
94.707(3)(b)
(b) No later than one year after the applicable date under
par. (d), any dealer or distributor who owned any amount of a pesticide listed in
sub. (1m) or containing an active ingredient listed in
sub. (1) (c) to
(f) on the applicable date under
par. (d) or who received any such pesticide under
par. (a) shall return or deliver all of that pesticide to the manufacturer.
94.707(3)(c)
(c) Within 30 days after receiving any pesticide under
par. (a) or
(b), a dealer, distributor or manufacturer shall pay the person from whom the pesticide was received the amount of money which that dealer, distributor or manufacturer charged that person for the quantity of pesticide received. No payment under this paragraph may exceed the fair market value of the pesticide immediately before the applicable date under
par. (d).
94.707(3)(d)2.
2. For pesticide products containing the ingredient under
sub. (1m), February 15, 1990.
94.708
94.708
Pesticides; sale and use to control bats. 94.708(1)(1)
Definition. As used in this section, "bat control purposes" means for the purpose of killing, injuring, repelling or otherwise affecting the behavior of bats.
94.708(2)
(2) Sale prohibited. Except as provided under
sub. (4), no person may sell, hold for sale or distribute any pesticide except naphthalene for bat control purposes to a person in this state. No dealer may advertise in this state or recommend any pesticide for bat control purposes to a person in this state.
94.708(3)
(3) Use prohibited. Except as provided under
sub. (4), no person may use any pesticide except naphthalene for bat control purposes.
94.708(4)
(4) Exception. The department shall promulgate rules establishing standards for the sale, advertisement and use of pesticides for emergency bat control. The department may issue a permit authorizing the use of a pesticide in accordance with the rules that it promulgates only in the case of an individual bat colony after a determination that there exists an outbreak of rabies that threatens public health or another situation where the existence of a colony of bats threatens the health or welfare of any person. The department may not base its determination on an isolated individual instance of a rabid bat.
94.708 History
History: 1983 a. 353;
1997 a. 27.
94.709
94.709
Distribution and sale of DDT prohibited. 94.709(1)
(1) No person shall distribute, sell, offer for sale or use the chemical compound DDT (dichlorodiphenyltrichloroethane) or any of its isomers except as provided in this section. In
sub. (2) "DDT" includes compounds isomeric with DDT.
94.709(2)(a)(a) In the event of the outbreak of an epidemic disease of humans or animals spread by insects which it is known can be controlled by DDT but cannot be adequately controlled by any other known pesticide, the department may authorize the use of DDT in controlling the epidemic upon a finding that:
94.709(2)(a)1.
1. A serious epidemic disease of humans or animals exists;
94.709(2)(a)2.
2. The disease is likely to spread rapidly unless insects which spread the disease are controlled; and
94.709(2)(b)
(b) In the event of the outbreak of a plant disease of epidemic proportions which threatens a significant portion of the affected crop and which is caused or spread by an insect which it is known can be controlled by DDT but cannot be adequately controlled by any other known pesticide, the department may authorize the use of DDT in controlling the epidemic upon a finding that:
94.709(2)(b)2.
2. The disease threatens a significant portion of the affected crop; and
94.709(2)(c)
(c) The department also may authorize the use of DDT or its isomers or metabolites for specified research by educational institutions if it finds that no ecologically significant residues of DDT or its isomers or metabolites will be allowed to escape into the environment.
94.709 History
History: 1971 c. 40 s.
93;
1977 c. 203;
1997 a. 27;
1997 a. 111 ss.
18 to
24; Stats. 1997 s. 94.709.
94.71
94.71
Pesticides; penalties; enforcement. 94.71(1)(a)1.1. Any person who violates
ss. 94.67 to
94.71 or any rules or orders issued under
ss. 94.67 to
94.71 shall forfeit not less than $100 nor more than $500 for the first violation and not less than $200 nor more than $1,000 for any subsequent violation within 5 years.
94.71(1)(a)2.
2. Any commercial applicator, dealer or distributor who knowingly violates any provision of
ss. 94.67 to
94.71 or any rules or orders issued under
ss. 94.67 to
94.71 may be fined not more than $5,000 or imprisoned not more than one year in the county jail or both. Other persons, including private applicators who knowingly violate
ss. 94.67 to
94.71 or any rules or orders issued under
ss. 94.67 to
94.71 may be fined not more than $1,000 or imprisoned not more than 30 days or both.
94.71(1)(b)
(b) Certified applicators shall be responsible for the acts of persons who are their employees or acting under their supervision and engaged in the use or application of pesticides.
94.71(2)
(2) Seizures. If the department has reasonable cause to believe that any pesticide is in violation of
ss. 94.67 to
94.71, it may deliver to the owner or custodian of the pesticide an order prohibiting the sale or movement of the pesticide until an analysis or examination has been completed. Such holding order shall not be effective for more than 60 days from the time of delivery thereof. The pesticide described in any holding order shall not be sold or moved for any purpose without the approval of the department. If the department, after analysis or examination, determines that the pesticide described in the order is not in violation of
ss. 94.67 to
94.71, it shall promptly notify the owner or custodian of the pesticide and the notice shall terminate the holding order. If the analysis or examination shows that the pesticide is in violation of
ss. 94.67 to
94.71, the owner or custodian of the pesticide shall be so notified. Upon receipt of notice the owner or custodian shall dispose of the pesticide only in a manner authorized by the department. The owner or custodian may within 10 days of receipt of notice petition for a hearing as provided in
s. 93.18.
94.71(3)(a)(a) Examination of pesticides shall be made under the direction of the department for the purpose of determining whether they comply with the requirements of
ss. 94.67 to
94.71. The department or any person may refer the facts to the district attorney for the county in which the violation occurred. In addition to or in lieu of any other remedies provided herein, the department may apply to a circuit court for a temporary or permanent injunction to prevent, restrain or enjoin violations of
ss. 94.67 to
94.71 and any rules or special or summary orders issued thereunder.
94.71(3)(b)
(b) Every registrant or other person whose name and address appears on the label of any pesticide as the manufacturer, packer, distributor or dealer, shall, to the extent that the registrant or other person is able to furnish to the department, on request, when found by the department to be necessary to prevent or control an imminent hazard to the public, a listing of all sales locations or warehouse locations maintained by the registrant or other person in this state for the sale or distribution of products registered by the registrant or other person or bearing the registrant's or other person's name and address as such manufacturer, packer, distributor or dealer; the name and address of all distributors or dealers selling or distributing such products in this state; and the name and address of all outside sales representatives employed by the registrant or other person in this state for the sale or distribution of such products.
94.71(3)(c)
(c) In addition to other enforcement procedures, the department may issue a special order under
s. 93.18 prohibiting the use, application, storage, distribution or sale of pesticides in violation of
ss. 94.67 to
94.71 or rules issued under
ss. 94.67 to
94.71. A special order may be issued under this paragraph to prevent or control pesticide contamination of groundwater under
ss. 160.23 and
160.25. Special orders may be issued on a summary basis, without prior complaint, notice or hearing, where necessary to protect public health or the environment. A summary special order is subject to a subsequent right of hearing before the department, if requested within 10 days after the date on which the order is served. Any party affected by the order may request a preliminary or informal hearing pending the scheduling and conduct of a full hearing. Hearings, if requested, shall be conducted as expeditiously as possible after receipt of a request for a hearing. Enforcement of the order shall not be stayed pending action on the hearing.
94.71 Annotation
The legislature may constitutionally prescribe a criminal penalty for the violation of an administrative rule. State v. Courtney,
74 Wis. 2d 705,
247 N.W.2d 714 (1976).
94.715
94.715
Pest management for schools. 94.715(1)(e)
(e) "Pesticide" has the meaning given in
s. 94.67 (25), except that "pesticide" does not include a germicide, sanitizer, or disinfectant.
94.715(2)
(2) Requirements for school boards. A school board shall do all of the following:
94.715(2)(dm)
(dm) Authorize pesticide application in a school or on school grounds to be conducted only by persons who are certified in the applicable pesticide use categories under
s. 94.705.
94.715(2)(g)
(g) Post notice of each pesticide application in a school or on school grounds at the time of the application and for at least 72 hours following the application.
94.715 History
History: 2001 a. 16.
94.72
94.72
Commercial feed. 94.72(1)(a)(a) "Brand name" means any word, name, symbol or device, or any combination thereof identifying the commercial feed of a manufacturer or distributor and distinguishing it from that of others.
94.72(1)(b)
(b) "Commercial feed" means all products or materials used or distributed for use as a feed or an ingredient in the mixing or manufacturing of feed for animals or birds, except the following:
94.72(1)(b)1.
1. Unmixed whole seeds or grains; as defined by United States grain standards.
94.72(1)(b)2.
2. The unmixed meals made directly from and consisting of the entire grains of corn, wheat, rye, barley, oats, buckwheat, flaxseed, kafir, milo and other seeds or grains. Such unmixed meals shall not be sold in violation of
sub. (3).
94.72(1)(b)3.
3. Whole hays, straws, cottonseed hulls, stover and silage, when unmixed with other materials.
94.72(1)(b)4.
4. Meat and other portions of animal carcasses in their raw or natural state without further processing except freezing or denaturing.
94.72(1)(c)
(c) "Custom-mixed feed" means commercial feed consisting of a mixture of commercial feeds or feed ingredients mixed on a custom basis at the request of the final purchaser at retail, and containing only commercial feed or feed ingredients in quantities and proportions as specifically directed by the purchaser in requesting the custom-mixing of the feed.
94.72(1)(d)
(d) "Department" means department of agriculture, trade and consumer protection.
94.72(1)(e)
(e) "Distribute" means to sell, offer to sell, exchange, barter or solicit orders for the sale of a feed product or otherwise to supply or furnish a feed product to purchasers in this state, whether or not the sales or transactions are made wholly or partially in this state or another state.
94.72(1)(f)
(f) "Distributor" means any person who distributes a feed product for sale or distribution in this state.
94.72(1)(g)
(g) "Feed ingredient" means each of the constituent materials making up or used in the manufacturing of a commercial feed.
94.72(1)(h)
(h) "Feed product" means any commercial feed or other product or material used or distributed for use as a feed or an ingredient in the mixing or manufacturing of feed for animals or birds.
94.72(1)(i)
(i) "Manufacture" means to mix, blend, process, package or label commercial feed.
94.72(1)(j)
(j) "Product name" means the name of the commercial feed which identifies it as to kind, class or specific use.
94.72(2)(a)(a) All manufacturers and distributors shall before distributing any commercial feed, except as otherwise provided under
par. (b), have printed on, or attached to each bag, package, carton or delivered with each bulk lot thereof a plainly printed label in the English language clearly and truly stating:
94.72(2)(a)1.
1. The net weight of the contents of the package, bag, carton or bulk lot;
94.72(2)(a)2.
2. The product name and the brand name, if any, of the commercial feed;
94.72(2)(a)3.
3. The name and principal address of the manufacturer or person responsible for placing the commodity on the market;
94.72(2)(a)7.
7. The name of each ingredient used in its manufacture except as may be exempt by department rule. The official names of all materials which have been so defined by the association of American feed control officials shall be used in the declaration of the names of ingredients, but no ingredient statement shall be required for single ingredient feeds officially defined by the association of American feed control officials. The department may by rule permit the use of a collective term for a group of ingredients which perform a similar function;
94.72(2)(a)8.
8. In the case of mixed feeds containing more than a total of 5% of one or more mineral ingredients, or other unmixed materials used as mineral supplements, and in the case of mineral feeds, mixed or unmixed, that are manufactured, represented and sold for the primary purposes of supplying mineral elements in rations for animals or birds, and that contain mineral elements generally regarded as dietary factors essential for normal nutrition, the minimum percentage of calcium (Ca), phosphorus (P) and iodine (I) and the maximum percentage of salt (NaCl), if those elements are present. If no nutritional properties other than those of a mineral nature are claimed for a mineral feed product, the percentages of crude protein, crude fat and crude fiber may be omitted;
94.72(2)(a)9.
9. In the case of feeds containing for their principal claim dietary factors in forms not expressible by the foregoing chemical components or are thereby inadequately described, a statement of guarantee as shall be specified by rules of the department;
94.72(2)(a)10.
10. Adequate directions for the safe and effective use of commercial feed containing drugs or antibiotics, or of any other feed as required under department rules;
