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)1.1. No later than March 1, 1994, a political subdivision shall provide the department with a copy of any ordinance that is authorized under
sub. (3) and that is enacted before December 29, 1993.
94.701(4)(a)2.
2. 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 History
History: 1993 a. 116;
1995 a. 227.
94.701 Annotation
A 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).
94.702
94.702
Veterinary clinic permit. 94.702(1)
(1) In this section, "clinic" means a veterinary clinic where pesticides are repackaged, used or directed to be used by a veterinarian or by a person under the direction or supervision of a veterinarian. Multiple business locations under common ownership and control constitute a single clinic.
94.702(2)
(2) No person may own a clinic without a permit issued by the department under this section.
94.702(3)
(3) Permits issued under this section shall expire on December 31 of each odd-numbered year. An application for a permit shall be submitted to the department on a form provided by the department and shall include a $25 permit fee. The application shall include all of the following information:
94.702(3)(a)
(a) The name and complete mailing address and street address of the clinic.
94.702(3)(b)
(b) The name of every person associated with or employed by the clinic who prescribes, handles or uses pesticides, including the license number of any such person licensed under
s. 94.704.
94.702(3m)
(3m) The department shall deposit the fees collected under
sub. (3) in the agrichemical management fund.
94.702(4)
(4) The department may suspend or revoke any permit issued under this section for a violation of
ss. 94.67 to
94.71. All such violations shall also be referred to the veterinary examining board for action under
s. 453.07.
94.702 History
History: 1989 a. 279;
1997 a. 27.
94.703
94.703
Pesticides; licensing of commercial application businesses. 94.703(1)(1) No commercial application business may operate in this state without a license issued by the department under this section. A natural person who operates a commercial application business as sole proprietor, and who is also an individual commercial applicator, shall be licensed under this section and
s. 94.704. A license issued under this section expires on December 31 annually and is not transferable.
94.703(2)
(2) An application for a license under this section shall be submitted on a form provided by the department and shall be accompanied by the license fee required under
sub. (3). The license application shall include all of the following information, which shall be promptly updated by the licensee in the event of any change during the license period:
94.703(2)(a)
(a) The complete name, mailing address and street address of the licensee, and the business name, if any, under which the licensee operates as a commercial application business. The application shall specify whether the applicant is a natural person, corporation or other legal entity.