ATCP 29.50(5)(a) (a) Except as provided under par. (b), no person may use, furnish, lease, or sell pesticide application equipment that is clogged, unclean, leaking, or in disrepair, or that cannot be properly calibrated to apply pesticides at the rate specified on the pesticide label.

ATCP 29.50(5)(b) (b) Paragraph (a) does not prohibit the sale of pesticide application equipment that is clogged, unclean, leaking or in disrepair, or that cannot be properly calibrated, if the seller discloses those defective conditions to the buyer in writing prior to sale.

ATCP 29.50(6) (6) Employer or contractor. No person may direct, compel, or coerce that person’s employee or contract agent to do either of the following:

ATCP 29.50(6)(a) (a) Violate ss. 94.67 to 94.71, Stats., or this chapter.

ATCP 29.50(6)(b) (b) Use any pesticide in a manner which that person has reason to believe is likely to result in a violation of ss. 94.67 to 94.71, Stats., or this chapter.

ATCP 29.50 Note Note: Nothing in this chapter limits the civil or criminal liability of an employer or contractor for the acts or omissions of an employee or contract agent if the employer or contractor may be held jointly liable with the employee or agent under this chapter or other applicable law.

ATCP 29.50 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

ATCP 29.51 ATCP 29.51 Advance notice of pesticide applications.

ATCP 29.51(1) (1) Pesticides highly toxic to bees.

ATCP 29.51(1)(a) (a) At least 24 hours before a pesticide labeled “Highly Toxic to Bees” or containing the active ingredient methomyl is applied to any site, the person who owns or controls that application site shall notify each beekeeper who has made a request under par. (b) during the same calendar year.

ATCP 29.51(1)(b) (b) A beekeeper who owns a honeybee colony located within 1 1/2 miles of a pesticide application site under par. (a) may request notice of pesticide applications under par. (a). The beekeeper shall make the request in writing to a person who owns or controls the application site. The request shall include the beekeeper’s name, address, and telephone number, if any, and the specific location of each of the beekeeper’s bee yards.

ATCP 29.51(1)(c) (c) A notice under par. (a) may be written or oral. The notice shall include the intended date and time of application, the brand or common name of the pesticide to be applied, and the location of the application site. If the application date changes after the notice is issued, the person who owns or controls the application site shall issue a corrected notice as soon as reasonably possible before the application occurs.

ATCP 29.51(1)(d) (d) Paragraph (a) does not apply to an emergency application needed to control a sudden pest outbreak if, because of the emergency circumstances, there is not enough time for notice under par. (a). The person who owns or controls the application site shall give notice under par. (a) as soon as reasonably possible before or after the emergency application. The notice shall include a brief explanation of the circumstances constituting the emergency.

ATCP 29.51(1)(e) (e) Any person may give a notice under par. (a) on behalf of the person who owns or controls the application site.

ATCP 29.51(2) (2) Aerial applications. An individual may request advance notice of aerial pesticide applications to land immediately adjacent to that individual’s residence, as provided under s. ATCP 29.53 (2).

ATCP 29.51(3) (3) Residential applications. A person hired by a customer to make a residential pesticide application shall offer that customer pre-application information as provided under s. ATCP 29.55 (2).

ATCP 29.51(4) (4) Landscape applications.

ATCP 29.51(4)(a) (a) A person hired by a customer to make a landscape application shall offer that customer pre-application information as provided under s. ATCP 29.56 (2).

ATCP 29.51(4)(b) (b) An individual may register, under s. ATCP 29.56 (7), to receive advance notice of commercial landscape applications to land immediately adjacent to that individual’s residence.

ATCP 29.51(5) (5) Applications affecting agricultural workers. Persons employing agricultural workers, or applying pesticides to places where agricultural workers are employed, shall give prior notice of pesticide applications as required by s. ATCP 29.61.

ATCP 29.51 Note Note: See also s. ATCP 29.22.

ATCP 29.51 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

ATCP 29.52 ATCP 29.52 Warning signs at application sites.

ATCP 29.52(1) (1) Agricultural pesticide applications; warning to public.

ATCP 29.52(1)(a) (a) A responsible person under par. (b) shall post warning signs at a site where a dual notice agricultural pesticide is applied for agricultural purposes if that site is located within 300 feet of a residence, migrant labor camp, school, playground, day care facility, health care facility, commercial or industrial facility, public recreation area, or other nonagricultural area except a public road, where individuals are likely to be present during the restricted entry interval specified on the pesticide label. The warning signs shall comply with sub. (8).

ATCP 29.52 Note Note: See definition of “dual notice agricultural pesticide” in ss. ATCP 29.01 (17) and 29.60 (9). This subsection applies to all persons applying “dual notice” agricultural pesticides for agricultural purposes — not just agricultural employers. The warning notices are intended to protect both the general public and agricultural workers.

ATCP 29.52(1)(b) (b) The following persons are individually and jointly responsible for posting warning signs under par. (a):

ATCP 29.52(1)(b)1. 1. The person who operates or controls the premises at which the pesticide is applied.

ATCP 29.52(1)(b)2. 2. The pesticide applicator.