Current through February 24, 2025
(1) AGRICULTURAL
PESTICIDE APPLICATIONS; WARNING TO PUBLIC.
(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).
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.
(b)
The following persons are individually and jointly responsible for posting
warning signs under par. (a):
1. The person
who operates or controls the premises at which the pesticide is
applied.
2. The pesticide
applicator.
3. The pesticide
applicator's employer, if any.
Note: The persons identified under par. (b) may contract
between themselves to post warning signs under par. (a), but any or all of them
may be held liable if the warning signs are not properly
posted.
(2) AGRICULTURAL PESTICIDE APPLICATIONS;
WARNING TO WORKERS. An agricultural employer shall post worker protection
warning signs as required under s.
ATCP 29.62.
(3)
NONAGRICULTURAL PESTICIDE APPLICATIONS; RESTRICTED ENTRY INTERVALS.
(a) A responsible person under par. (b) shall
post warning signs at a pesticide application site, other than a site under
sub. (1), if the pesticide label prescribes a restricted entry interval for
that pesticide application. The warning signs shall comply with sub. (8).
Note: A label which merely directs individuals to stay off
the treated area until the pesticide dries does not prescribe a "restricted
entry interval" for purposes of sub. (3).
(b) The following persons are individually
and jointly responsible for posting warning signs under par. (a):
1. The person who operates or controls the
premises at which the pesticide is applied.
2. The pesticide applicator.
3. The pesticide applicator's employer, if
any.
Note: The persons identified under par. (b) may contract
between themselves to post warning signs under par.
(a), but any or all
of them may be held liable if the warning signs are not properly
posted.
(4)
CHEMIGATION APPLICATIONS. A person operating a chemigation system shall post
warning signs at the chemigation application site as required under s.
ATCP 29.54(17).
(5) RESIDENTIAL APPLICATIONS. A person making
a residential application shall give notice to residents as required under s.
ATCP 29.55(3) and (4).
Note: A person making a residential application must also
post warning signs under sub. (3) if the pesticide label prescribes a
restricted entry interval.
(6) LANDSCAPE APPLICATIONS. A person making a
landscape application shall post warning signs at the application site as
required under s.
ATCP 29.56(3).
(7) STORED SEED TREATED WITH PESTICIDE. A
person who stores pesticide-treated seed in bulk shall post warning signs at
the seed storage facility as required under s.
ATCP 29.57(4). In this subsection,
"pesticide-treated seed" means seed intended for planting or propagation that
is treated with a pesticide for the purpose of providing post-planting
protection to the seed or seedling.
(8) WARNING SIGNS. Except as provided under
sub. (9), warning signs under subs. (1) and (3) shall comply with all of the
following:
(a) Each warning sign shall be at
least 8 1/2 inches by 11 inches.
(b) The form and content of each warning sign
shall be identical to that shown in ch. ATCP 29 Appendix D. A warning sign may
contain supplementary information, beyond that shown in ch. ATCP 29 Appendix D,
if the information is consistent with and does not detract from that shown in
ch. ATCP 29 Appendix D.
(c) Each
warning sign shall be constructed to resist deterioration and remain legible
throughout the required posting period.
(d) Warning signs shall be posted before the
pesticide application begins, and shall remain posted for the duration of any
restricted entry interval specified on the pesticide label. Warning signs may
remain posted indefinitely.
(e)
Warning signs shall be posted at the following locations:
1. At normal points of access to the
application site.
2. At 1/4 mile
intervals along those borders of an outdoor application site that lie 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. An application site bordering an area
identified under this subdivision for less than 1/2 mile shall be posted with
at least one sign.
(9) ALTERNATIVE WARNING SIGNS.
(a) A worker protection warning sign under s.
ATCP 29.62 may be used in place of a standard warning sign
under sub. (8). A worker protection warning sign shall be removed or covered
not more than 3 days after the restricted entry interval expires unless the
sign continues to be required for another pesticide application at the same
site.
(b) If a pesticide
application site, such as a potted plant or greenhouse bench top, is too small
to accommodate standard warning signs under sub. (8), it may be posted with
smaller warning signs that are at least 4 inches by 5 inches. The warning signs
shall be clearly posted on each side of the application site at intervals of
not more than 25 feet. An individual treated plant may be posted with a single
sign. The content and format of the smaller signs shall correspond to the
content and format of the standard signs under sub. (8).
(c) If the pesticide label requires a warning
sign which is different from the warning sign under sub. (8), the warning sign
specified on the pesticide label shall be used in place of the warning sign
under sub. (8).
According to s.
94.715(2) (g), Stats., school boards must ensure that
warning signs are posted for pesticide applications to public school grounds.
