94.681(1)(b) (b) “Industrial pesticide" means a pesticide that is not a household pesticide and that is one of the following:
94.681(1)(b)1. 1. Solely labeled for use on wood and contains pentachlorophenol, coal tar creosote or inorganic arsenical wood preservatives.
94.681(1)(b)2. 2. Labeled for use in controlling algae, fungi, bacteria, other microscopic organisms or mollusks in or on one or more of the following and for no other use except for a use described in par. (a) 6. or 7.:
94.681(1)(b)2.a. a. Textiles, paper, leather, plastic, vinyl or other synthetic materials, metal or rubber.
94.681(1)(b)2.b. b. Paints, varnishes, other coating products, lubricants or fuels.
94.681(1)(b)2.c. c. Commercial, construction, manufacturing or industrial fluids, including adhesives, additives and pigments.
94.681(1)(b)2.d. d. Commercial, construction, manufacturing or industrial processes, equipment, devices or containers, other than those used in the production or storage of human food or animal feed.
94.681(1)(b)2.e. e. Air washing, cooling or heat transfer systems.
94.681(1)(b)2.f. f. Medical equipment.
94.681(1)(b)2.g. g. Drinking water or wastewater systems.
94.681(1)(c) (c) “Nonhousehold pesticide" means a pesticide that is not a household pesticide or an industrial pesticide.
94.681(1)(e) (e) “Primary producer" means a person who manufactures an active ingredient that is used to manufacture or produce a pesticide.
94.681(2) (2)Annual license fee. An applicant for a license under s. 94.68 shall pay an annual license fee for each pesticide product that the applicant sells or distributes for use in this state during the license year. Except as provided in sub. (5) or (6), the amount of the fee for each pesticide product is $500.
94.681(3) (3)Nonhousehold pesticides; cleanup surcharge. An applicant for a license under s. 94.68 shall pay an agricultural chemical cleanup surcharge for each nonhousehold pesticide product that the applicant sells or distributes for use in this state during the license year. Except as provided in sub. (6) or s. 94.73 (15), the amount of the surcharge is $30.
94.681(3s) (3s)Payment of fees and surcharges. Before the start of a license year, and at least 15 days before beginning to sell a new pesticide product in this state, an applicant or licensee shall pay the amounts due under subs. (2) and (3).
94.681(4) (4)Primary producers; well compensation fee. A primary producer applying for a license under s. 94.68 shall pay a well compensation fee of $150.
94.681(5) (5)Unreported pesticide; increased license fee. If a person applying for or holding a license under s. 94.68 sells or distributes a pesticide product for use in this state without having filed a report for the product under s. 94.68 (2) (bm) or (3), the license fee for that product is twice the amount determined under sub. (2), except that, if the pesticide product is exempt from federal registration under 40 CFR 152.25, the license fee for that product is $250.
94.681(6) (6)Discontinued pesticide; final license fee and cleanup surcharge. A person holding a license under s. 94.68 who stops selling or distributing a pesticide product for use in this state shall do all of the following:
94.681(6)(am) (am) Notify the department by December 31 of the year in which the person stops selling or distributing the pesticide product for use in this state.
94.681(6)(bm) (bm) By December 31 of the year in which the person stopped selling or distributing the pesticide product for use in this state, pay a final license fee of $500 for the pesticide product.
94.681(6)(c) (c) If the product is a nonhousehold pesticide, pay a final agricultural chemical cleanup surcharge of $30.
94.681(7) (7)Use of fees and surcharges.
94.681(7)(a) (a) License fees. The department shall deposit all license fees collected under subs. (2), (5) and (6) (bm) in the agrichemical management fund, except that the department shall deposit an amount equal to $108 for each pesticide product for which an applicant pays a license fee in the environmental fund for environmental management.
94.681(7)(b) (b) Nonhousehold pesticides; cleanup surcharge. The department shall deposit the surcharges collected under subs. (3) and (6) (c) in the agricultural chemical cleanup fund.
94.681(7)(c) (c) Well compensation fee. The department shall deposit the well compensation fees collected under sub. (4) in the environmental fund for environmental management.
94.681(8) (8)Fees and surcharges nonrefundable. The department may not refund a fee or surcharge under this section after the department issues a license under s. 94.68 to the person who paid the fee or surcharge, unless the fee or surcharge was not properly charged or collected.
94.681 Cross-reference Cross-reference: See also chs. ATCP 29, 30, and 31 and ss. ATCP 160.19 and 160.21, Wis. adm. code.
94.685 94.685 Pesticides; licensing of dealers and distributors of restricted-use pesticides.
94.685(1)(1)No dealer or distributor may sell or offer to sell a restricted-use pesticide in this state, whether or not the sale is made wholly or partially in this state or another state, without a license issued by the department under this section. A license expires on December 31 annually and is not transferable.
94.685(2) (2)
94.685(2)(a)(a) A dealer or distributor applying for an annual license under sub. (1) shall apply on a form provided by the department. The application shall include the applicant's full name and the mailing address and street address of each business location from which the applicant sells, or intends to sell, restricted-use pesticides. The applicant shall submit the license fee and surcharge required under sub. (3) with the application.
94.685(2)(b) (b) No dealer or distributor may sell any restricted-use pesticide from a sales location opened during a license year until that dealer or distributor pays the license fee and surcharge required under sub. (3) for the new location.
94.685(3) (3)
94.685(3)(a)(a) A dealer or distributor shall pay the following annual license fee and surcharge for each location from which the dealer or distributor sells restricted-use pesticides:
94.685(3)(a)1. 1. A license fee of $60.
94.685(3)(a)2. 2. An agricultural chemical cleanup surcharge of $20, except as provided in s. 94.73 (15).
94.685(3)(b)1.1. The department shall deposit the fee under par. (a) 1. in the agrichemical management fund.
94.685(3)(b)2. 2. The department shall deposit the surcharge collected under par. (a) 2. in the agricultural chemical cleanup fund.
94.685 Cross-reference Cross-reference: See also chs. ATCP 29, 30, and 31 and ss. ATCP 160.19 and 160.21, Wis. adm. code.
94.69 94.69 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) (2)
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 History History: 1975 c. 94 s. 91 (10); 1977 c. 106; 1983 a. 410; 1997 a. 27, 237.
94.69 Cross-reference Cross-reference: See s. 94.709 for prohibition of use of DDT and exceptions to the prohibition.
94.69 Cross-reference Cross-reference: See also chs. ATCP 29, 30, and 31 and ss. ATCP 160.19 and 160.21, Wis. adm. code.
94.69 Annotation When 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).
94.697 94.697 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) (2)Information required.
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)(a)7. 7. Emergency medical contact information.
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)1. 1. The information described in par. (a) 2. to 6.
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 History History: 2009 a. 286.
94.70 94.70 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:
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2017-18 Wisconsin Statutes updated through 2019 Wis. Act 18 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on October 1, 2019. Published and certified under s. 35.18. Changes effective after October 1, 2019, are designated by NOTES. (Published 10-1-19)