94.6994.69 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-referenceCross-reference: See s. 94.709 for prohibition of use of DDT and exceptions to the prohibition. 94.69 AnnotationWhen a criminal action is brought for a violation of the ch. 94 prohibition of the 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 (1974).
94.69794.697 Railroad pesticide use. 94.697(1)(1) Definition. In this section “railroad” means a person that owns or operates any railroad or part of a railroad as a common carrier in this state. 94.697(2)(a)(a) No later than 48 hours before applying a pesticide to a right-of-way that a railroad owns or maintains, the railroad shall provide pesticide safety information at a central location accessible to employees of the railroad. A railroad shall include all of the following in the safety information provided under this paragraph: 94.697(2)(a)2.2. The location and description of the area to be treated. 94.697(2)(a)3.3. The name of the pesticide, its active ingredients, and its registration number under the federal act. 94.697(2)(a)4.4. The approximate time and date that the pesticide is to be applied. 94.697(2)(a)5.5. Any restricted entry interval specified on the pesticide labeling. 94.697(2)(a)6.6. A description of where the information required to be on the pesticide label under the federal act or under ss. 94.67 to 94.71 is available for review. 94.697(2)(b)(b) A railroad shall keep the information under par. (a) posted at the location accessible to employees of the railroad for at least 30 days after the day of application. 94.697(2)(c)(c) No later than 48 hours before applying a pesticide to a right-of-way that a railroad owns or maintains, the railroad shall provide all of the following to each individual who directly supervises employees who work in the area to be treated: 94.697(2)(c)2.2. A description of the central location where the railroad provides the pesticide safety information to employees under par. (a). 94.697(2)(e)(e) A railroad shall make available to the public on its Internet site a description of how to obtain answers to questions about pesticide use by the railroad, including a telephone number for the railroad and any toll-free number maintained by the department to provide information about pesticide use. 94.697(3)(3) Worker protection. A railroad shall provide pesticide safety training annually to its employees who work along railroad rights-of-way and in rail yards and to other employees who, due to the nature of their employment, work in areas to which pesticides have been applied and shall keep records, for each training session, of the date, the employees attending, and the name of the trainer and the trainer’s employer. In the training under this subsection, a railroad shall include information about restricted entry intervals, requirements for personal protective equipment, how to read pesticide labels, and incident and complaint reporting. 94.697 HistoryHistory: 2009 a. 286. 94.7094.70 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 AnnotationA “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 AnnotationSub. (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 percent 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 percent emergence. Perzinski v. Chevron Chemical Co. 503 F.2d 654 (1974). 94.70194.701 Pesticides; local regulation. 94.701(1)(1) This section is an enactment of statewide concern for the purpose of providing uniform regulation of pesticides. 94.701(2)(2) In this section, “political subdivision” means a city, village, town or county. 94.701(3)(a)(a) Except as provided in par. (b) or (c), a political subdivision may not prohibit the use of or otherwise regulate pesticides. 94.701(3)(b)(b) A political subdivision may enact an ordinance that does any of the following: 94.701(3)(b)1.1. Regulates pesticide use on property in which the political subdivision has a fee simple ownership interest. 94.701(3)(b)2.2. Zones areas with respect to pesticide manufacturing, distribution and disposal. 94.701(3)(b)3.3. Implements any regulation of pesticides that the political subdivision is required by federal law or other state laws to implement. 94.701(3)(b)4.4. Implements a cooperative agreement with the federal environmental protection agency under 7 USC 136u (a). 94.701(3)(b)6.6. Requires that, when notification of pesticide use is required by state or federal law, notification of that use be given to the political subdivision. 94.701(3)(b)7.7. Sets standards for fire prevention in the storage of a pesticide that poses a fire hazard. 94.701(3)(c)(c) A political subdivision may enact an ordinance or enter into an agreement under s. 289.33 (9) relating to the storage, treatment or disposal of solid waste containing pesticides, pesticide containers or pesticide residues. 94.701(4)(a)(a) A political subdivision may not enact an ordinance that is authorized under sub. (3) until it consults with the department. If a political subdivision enacts an ordinance that is authorized under sub. (3), it shall provide the department with a copy of the ordinance no later than 60 days after enactment. 94.701(4)(b)(b) Before March 1 of each year, a political subdivision with an ordinance that is authorized under sub. (3) (b) 5. shall notify the department of all enforcement actions taken under that ordinance during the preceding year. 94.701 AnnotationA local government is not preempted by sub. (3) (a) from regulating the phosphorous content in weed and feed products. A weed and feed product is both a pesticide, which under sub. (3) (a), only the state can regulate, and a fertilizer, which local government can regulate. The definition of both “pesticide” and “fertilizer” as including a mixture of the two preserves both state regulation of pesticides and local regulation of fertilizers. The state regulates the pesticide components of the mixed products, local government the fertilizer components. Croplife America. Inc. v. City of Madison, 432 F.3d 732 (2005). 94.70394.703 Pesticides; licensing of commercial application businesses.
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