(1) DEFINITIONS. In this section:
(a) "Division" means the agricultural
resource management division of the department.
(b) "Cemetery grounds manager" means the
person responsible for on-site management of cemetery grounds.
(c) "Golf course superintendent" means the
person responsible for on-site management of a golf course.
(d) "Landscape" means turf, ornamental and
mulched areas, and areas being prepared for those purposes, that are located in
or around residential premises, public or commercial facilities, parks,
workplaces, care facilities, recreational areas and public lands. "Landscape"
does not include utility or transportation right-of-way areas, greenhouses,
nurseries, or areas used for agricultural production, forest production or
commercial turf production.
(e)
"Landscape application" means the application of a pesticide to a landscape.
"Landscape application" does not include any of the following:
2. A perimeter barrier application.
3. Mosquito control applications made by a
government entity for public health purposes.
4. Pesticide applications made by the
department or its agent pursuant to s.
94.01
or
94.02, Stats.,
or ch. ATCP 21.
(f)
"Landscape pesticide" means a pesticide that is labeled for use on a
landscape.
(h) "Restricted entry interval" has the
meaning given in s.
ATCP
29.01(35).
(i) "Treated landscape" means that portion of
a landscape to which a pesticide is applied.
(2) INFORMATION TO CUSTOMER. A person hired
by a customer to make a landscape application shall provide that customer with
all of the following in writing, or electronically if the customer consents in
writing to electronic notification:
Note: See ch. ATCP 29 Appendix A for an example of a
written or electronically transmitted notice under par. (a). Nothing in this
section authorizes a commercial applicator to make a landscape application
which the customer has not affirmatively authorized.
(a) An offer to provide pre-application
information under par. (b). The person shall make the offer before making the
first landscape application for the customer, and shall repeat the offer at
least annually if there is a continuing contract for more than one
year.
(b) The following
pre-application information, if requested:
1.
The brand name, product name or common chemical name of each pesticide that may
be applied.
2. A copy of the
pesticide label for each pesticide that may be applied.
3. The date on which the landscape
application will be made. The person making the application may communicate the
application date orally, rather than in writing, if the requester agrees to
oral notification.
4. The name,
business address and telephone number of a person who can provide further
information about the pesticide application.
(c) The information required under s.
ATCP
29.22. The person making the application shall provide
this information to the customer when the application is completed.
(3) WARNING SIGNS POSTED.
(a) Except as provided under par. (c), a
person shall post warning signs at a landscape application site before making a
landscape application to that site. Warning signs shall comply with subs. (4)
and (5).
(b) No person may remove a
warning sign posted under par. (a) until sunset of the day following the
landscape application, or until sunset of the day on which the restricted entry
interval on the pesticide label expires, whichever is later. This paragraph
does not require a person to remove warning signs.
(c) Paragraph (a) does not apply to any of
the following:
1. An individual making a
landscape application to residential premises occupied only by that
individual's household.
2. Golf
course applications that are exempt under sub. (9).
3. Cemetery applications that are exempt
under sub. (10).
(4) WARNING SIGNS; FORM AND CONTENTS. Each
warning sign under sub. (3) shall comply with all of the following:
(a) It shall be at least 4 inches by 5
inches, and shall be attached to a stable supporting device.
(b) It shall contain the information shown in
ch. ATCP 29 Appendix B. The information shall be professionally printed with
red lettering on a white background, according to the format shown in ch. ATCP
29 Appendix B, except that sign removal dates may be entered by hand. A warning
sign may contain supplementary information beyond that shown in ch. ATCP 29
Appendix B if the information is consistent with and does not detract from that
shown in ch. ATCP 29 Appendix B.
(c) It shall be constructed and posted so
that it remains clearly legible for at least 72 hours after it is posted,
despite reasonably foreseeable adverse weather conditions.
(5) WARNING SIGNS; WHERE POSTED. At least one
of the warning signs required under sub. (3) shall be clearly visible from each
point at which there is significant potential for human access to the treated
area.
Note: For example, warning signs should be posted so as to
be clearly visible from potential access points including roads, sidewalks,
driveways, doorways, alleys and adjacent yards unless a fence, wall, hedge or
similar feature effectively prevents human access to the treated area from that
direction.
(6) INFORMATION
PROVIDED UPON REQUEST.
(a) A person making a
landscape application shall offer the following information to any person who
requests information about that landscape application:
1. The complete name and address of the
person making the landscape application.
Note: This may be the name and address of the business
entity that makes the application.
2. The brand name, product name or common
chemical name of each pesticide applied, and the EPA registration number of
that pesticide.
3. The
concentration and total quantity of each pesticide applied, or the amount of
each pesticide product applied per unit area and the total area
treated.
4. The date and
approximate time of application.
5.
All post-application precautions stated on the pesticide label.
6. A copy of the pesticide label for each
pesticide applied.
(b)
If a requester asks for any of the information under par. (a), the person
making the landscape application shall promptly provide that information to the
requester. The information may be provided orally or in writing except that a
copy of the pesticide label, if requested, shall be provided in writing. The
person making the landscape application may require the requester to pay
reasonable copying and postage costs before providing a copy of a pesticide
label if the requester is not the customer who contracted for the application.
(7) REGISTRY OF
INDIVIDUALS REQUESTING ADVANCE NOTICE OF LANDSCAPE APPLICATIONS.
(a) The department shall compile an annual
registry of individuals requesting advance notice of landscape applications to
parcels of land identified in the registry. An annual registry takes effect on
March 15 of each year, and expires on March 14 of the following year.
Note: The department will distribute registries by March
1.
(b) An individual who
registers under par. (c) may request advance notice of landscape applications,
other than applications for which that individual has contracted, to any
parcels on the block where that individual resides or on any blocks immediately
adjacent to that block.
Note: If a landlord contracts for landscape applications to
a rental property, tenants on that property may register to receive advance
notice of those applications.
(c) An individual shall register with the
department by February 1 of each year to be included in the registry that takes
effect on March 15 of that year. An individual shall register on an electronic
or paper form provided by the department. The registration form shall include
all of the following information which shall be included in the registry under
par. (a):
1. The individual's complete name,
street address, and mailing address if different from street address.
2. A telephone number where the individual
may be contacted.
3. The street
address of each parcel under par. (b) for which the individual requests advance
notice of landscape applications.
4. Other information which the department
reasonably requires to administer this section.
Note: Individuals may obtain registration forms and submit
registrations at the following website address:
http://datcp.wi.gov
Forms may also be obtained by mailing a request to
Landscape Registry Coordinator, DATCP, PO Box 8911, Madison, WI 53708-8911, or
by calling (608) 224-4500.
A registration complies with the filing deadline under par.
(c) if the registration is postmarked, delivered to the department, or entered
onto the department's website by February 1. The department may accept
registrations filed after February 1 for inclusion in the March 15 registry,
but is not required to do so.
(d) The department shall provide a free copy
of the annual registry under par. (a) to all of the following:
1. Each license holder under s.
ATCP
29.20 that employs individuals licensed and certified
under ss.
ATCP
29.25 and
29.26 to make landscape applications.
If a person is licensed under s.
ATCP
29.20 by March 1, the department shall provide that
person with a free copy of the registry by March 1.
2. Each individual, licensed and certified
under ss.
ATCP
29.25 and
29.26 to make landscape applications,
who requests a copy of the registry.
Note: The department may compile supplementary registries
for distribution after March 1.
(8) ADVANCE NOTICE TO REGISTERED INDIVIDUALS.
(a) Before making any landscape application,
a person required to be licensed under s.
ATCP
29.20 shall give at least 12 hours advance notice to
every individual who is currently registered to receive notice of that
application under sub. (7).
Note: An applicator may voluntarily give notice to an
individual who is included in a supplementary registry, but is not required to
do so unless the individual has registered the same parcel in the primary
registry under sub. (7).
(b) A person may give advance notice under
par. (a) by telephone, or may mail or deliver notice to the requester's address
as listed in the registry. Notice, if given by mail, shall be postmarked at
least 2 business days before the person makes the landscape application. A
notice shall include all of the following:
1.
The complete name, business address, and telephone number of the person making
the application.
Note: The name, address and telephone number may be those
of the business entity making the application.
2. The address of the landscape to be
treated.
3. The scheduled date of
application.
4. The brand name,
product name or common chemical name of each pesticide that may be
applied.
(c) If a
landscape application date is changed after the person making the application
gives notice under par. (a), that person shall give a revised notice to each
individual previously notified. The revised notice shall comply with par. (b).
(9) LANDSCAPE
APPLICATIONS TO GOLF COURSES.
(a) Subsection
(3) does not apply to a golf course application of a pesticide whose label
prescribes no restricted entry interval, provided that a permanent warning sign
is conspicuously posted at each of the following locations:
1. At or near the place where golfers
register to play the course.
2. At
or near the first tee of every 9 holes.
3. At every point on the golf course boundary
at which the non-golfing public is permitted to enter the golf course by means
of a road, sidewalk, path or other established thoroughfare.
(b) A permanent warning sign under
par. (a) shall comply with all of the following requirements:
1. It shall be clearly legible at all
times.
2. It shall be at least 12
inches by 12 inches.
3. It shall
contain the following statement, in red letters not less than 1/2 inch high on
a white background:
"PESTICIDES ARE PERIODICALLY APPLIED TO THIS GOLF COURSE.
YOU MAY CONTACT THE GOLF COURSE SUPERINTENDENT FOR FURTHER INFORMATION."
(c) If any
person asks a golf course superintendent for information about pesticide
applications to a golf course, the superintendent shall notify that person that
the following information is available, and shall provide the information in
writing upon request:
1. A general description
of the types and amounts of pesticides commonly applied to the golf
course.
2. An identification of
pesticide applications made to the golf course within the last week prior to
the request, including the common chemical or brand names of the pesticides
applied and the areas to which those pesticides were applied.
3. A copy of the pesticide label related to
each pesticide application under subd. 2., if any. The superintendent may
require the requester to pay reasonable copying and postage costs before
providing the label.
(10) LANDSCAPE APPLICATIONS TO CEMETERIES.
(a) Subsection (3) does not apply to a
cemetery application of a pesticide whose label prescribes no restricted entry
interval, provided that a permanent warning sign is conspicuously posted at
each established entrance to the cemetery.
(b) A permanent warning sign under par. (a)
shall comply with all of the following requirements:
1. It shall be clearly legible at all
times.
2. It shall be at least 12
inches by 12 inches.
3. It shall
contain the following statement, in red letters not less than 1/2 inch high on
a white background:
"PESTICIDES ARE PERIODICALLY APPLIED TO THIS CEMETERY. YOU
MAY CONTACT THE CEMETERY GROUNDS MANAGER FOR FURTHER INFORMATION."
(c) If any person asks
a cemetery grounds manager for information about pesticide applications to a
cemetery, the grounds manager shall notify that person that the following
information is available, and shall provide the information in writing upon
request:
1. A general description of the
types and amounts of pesticides commonly applied to the cemetery.
2. An identification of pesticide
applications made to the cemetery within the last week prior to the request,
including the common chemical or brand names of the pesticides applied and the
areas to which those pesticides were applied.
3. A copy of the pesticide label related to
any pesticide application under subd. 2. The grounds manager may require the
requester to pay reasonable copying and postage costs before providing the
label.
Notes
Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection
ATCP 29.56
Cr. Register, May,
1998, No. 509, eff. 6-1-98; CR 01-028: am. (1) (e) 4., Register October 2001
No. 550, eff. 11-1-01; CR 01-076: am. (1) (e) 4., Register October 2002 No.
562, eff. 11-1-02; CR 12-003: am. (1) (e) 2., (2) (intro), (7) (c) (intro)
Register May 2013 No. 689, eff. 6-1-13; correction in (4) (b) made under s.
13.92(4)
(b) 7, Stats., Register May 2013 No.
689.