Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 20-54 - Agricultural Resource Management
Chapter ATCP 29 - Pesticide Use And Control
Subchapter IX - Pesticide Use
Section ATCP 29.50 - Pesticide use; general
Universal Citation: WI Admin Code ยง ATCP 29.50
Current through August 26, 2024
(1) NEGLIGENT USE. No person may do any of the following:
(a) Use or direct the use of a
pesticide in a negligent manner, or in a manner inconsistent with the pesticide
label.
(b) Use or direct the use of
a pesticide for a purpose for which the pesticide is not registered or labeled
under subch. II.
(2) OVERSPRAY AND DRIFT.
(a) No person may use or
direct the use of a pesticide in a manner that results in pesticide overspray
or significant pesticide drift. This paragraph does not apply to mosquito
control applications, made by or under the direction of a governmental entity
for public health purposes, that use proper mosquito control application
methods.
Note: See definitions of "pesticide drift" and "pesticide overspray" under s. ATCP 29.01(29) and (30).
(b) The application of pesticide outside the
target application site is presumed to be the result of pesticide drift unless
there is evidence of pesticide overspray.
(c) Pesticide drift is significant, under
par. (a), if there is credible evidence that it has moved outside the target
application site in any of the following amounts:
1. Amounts that cause actual harm to persons,
property or the environment.
2.
Amounts that could potentially harm persons, property or the environment under
any reasonably foreseeable circumstances, regardless of whether an actual
exposure or harm has occurred.
3.
Amounts that are readily visible.
(3) PREHARVEST INTERVAL.
(a) No person may harvest an agricultural
commodity from a pesticide application site during the preharvest interval
specified for that commodity on the pesticide label.
(b) No person controlling a pesticide
application site may direct or permit an agricultural commodity to be harvested
from that site in violation of par. (a).
(4) CONTAMINATING WATERS OF THE STATE.
(a) Except as provided under par. (b), no
person may do either of the following:
1.
Cause a pesticide to enter the waters of the state, either directly or through
a sewer system.
2. Use a pesticide
in any manner which the user knows or should know will result in contamination
of the waters of the state.
(b) Paragraph (a) does not apply to any of
the following:
1. The use of germicides,
sanitizers, disinfectants, algaecides or slimicides according to label
directions.
2. Fish management,
mosquito abatement or other water applications made under the supervision or
rules of the department of natural resources.
Note: See ch. NR 107.
3. The application of pesticides according to
label directions to control roots, insects or rodents in sewers.
4. The incidental application of pesticides
to temporary rain puddles on target application sites.
5. Unforeseeable leaching or runoff of a
pesticide applied according to label directions.
(5) DEFECTIVE APPLICATION EQUIPMENT.
(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.
(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.
(6) EMPLOYER OR CONTRACTOR. No person may direct, compel or coerce that person's employee or contract agent to do either of the following:
(a) Violate ss.
94.67 to
94.71,
Stats., or this chapter.
(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.
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.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
