ATCP 29.71(11)(a)3. 3. A pesticide registrant.

ATCP 29.71(11)(b) (b) The following tests are considered preliminary screening tests under par. (a) if they are solely designed to determine whether a substance has value as a pesticide for specific purposes:

ATCP 29.71(11)(b)1. 1. Laboratory or greenhouse tests.

ATCP 29.71(11)(b)2. 2. Field tests, other than field tests of microorganisms produced or modified by recombinant DNA techniques, conducted on test plots owned by the testing entity. No individual test plot may exceed 1/2 acre, nor may the combined area of all the test plots exceed 5 acres.

ATCP 29.71(11)(b)3. 3. Tests for which the federal environmental protection agency issues an experimental use permit. The testing entity shall provide the department with a copy of the federal permit and shall notify the department of the test locations before conducting the tests.

ATCP 29.71(11)(c) (c) No raw agricultural commodities, food, or feed involved in a screening test under par. (b) may be consumed by humans or other animals, except laboratory or experimental animals which are used in the test and are not used for food or feed. The agricultural commodities, food, and feed shall be disposed of in a manner that minimizes exposure to human beings and the environment.

ATCP 29.71(11)(d) (d) The exemption under par. (a) does not apply to a pesticide or pesticide use which is specifically prohibited under this chapter, or for which a federal registration has been denied, suspended, or canceled.

ATCP 29.71 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 12-003: am. (2) (intro) Register May 2013 No. 689, eff. 6-1-13.

ATCP 29.72 ATCP 29.72 Special local needs registrations.

ATCP 29.72(1) (1) Authority. The department may register either of the following if the registration is necessary to meet a special local need in the state:

ATCP 29.72(1)(a) (a) A pesticide product which is not registered under the federal act. The registration shall specify the uses for which the pesticide product is registered.

ATCP 29.72(1)(b) (b) A new use for a pesticide product that is currently registered under par. (a).

ATCP 29.72(2) (2) Effect of registration. Registration under sub. (1) has the same effect in this state as registration under the federal act unless the federal environmental protection agency disapproves the registration.

ATCP 29.72(3) (3) Registration standards. The department may register a pesticide product or use under sub. (1) if the department finds all of the following:

ATCP 29.72(3)(a) (a) Registration is necessary to meet a special local need in this state. A special local need is a current or imminent pest problem in this state that cannot be adequately controlled by the use of any available federally registered pesticide product. The department may find that a pest problem existing on a nationwide or multi-state regional basis is not a special local need.

ATCP 29.72(3)(b) (b) There are insufficient alternative pesticides or pest control methods to meet the special local need.

ATCP 29.72(3)(c) (c) The pesticide product is effective, for the uses registered under sub. (1), when used according to label directions. The department’s finding under this paragraph does not constitute a warranty by the department.

ATCP 29.72(3)(d) (d) The pesticide label complies with this chapter and the federal act, and warrants that the product is effective for the uses registered under sub. (1).

ATCP 29.72(3)(e) (e) The pesticide product will not be distributed for further manufacturing, reformulation, or repackaging.

ATCP 29.72(3)(f) (f) The pesticide product, if registered for use on raw agricultural commodities, food, or feed, is covered by necessary residue tolerances, exemptions, and clearances under the federal act and the federal food, drug and cosmetic act as amended (21 USC 301 et seq.).

ATCP 29.72(3)(g) (g) The pesticide product, when used according to label directions for the purposes registered under sub. (1), will not have unreasonable adverse effects on persons, property, or the environment.

ATCP 29.72(3)(h) (h) The federal environmental protection agency has not denied, disapproved, canceled, or suspended any registration of the pesticide product under the federal act. If the federal environmental protection agency has denied, disapproved, canceled, or suspended the registration of the product for any use, the department may not register any other use of that product without approval from the federal environmental protection agency.

ATCP 29.72(3)(i) (i) The pesticide product complies with all applicable packaging, coloration, and labeling provisions under this chapter, ss. 94.67 to 94.71, Stats., and the federal act.

ATCP 29.72(3)(j) (j) The benefits derived from pesticide product uses registered under sub. (1) will exceed the adverse effects on persons, property, and the environment.

ATCP 29.72(3)(k) (k) The pesticide product is currently registered under the federal act, or is formulated from ingredients which are all found in other federally registered pesticide products.

ATCP 29.72 Note Note: The department must prepare an environmental assessment on each permit issued under this subsection. See ch. ATCP 3.

ATCP 29.72(4) (4) Applying for registration. A person licensed under s. ATCP 29.10 may apply for a special local needs registration under sub. (1). The application shall be submitted by electronic means to the department unless advance approval to submit a paper application is granted by the department. The application shall include all of the following:

ATCP 29.72(4)(a) (a) The applicant’s name, address, and license number under s. ATCP 29.10. If the applicant is not yet licensed under s. ATCP 29.10, the applicant shall also submit a license application under that section.

ATCP 29.72(4)(b) (b) A fee of $250.