Current through August 26, 2024
(1) LICENSE
REQUIRED. Except as provided under sub. (2), no person may do any of the
following, either directly or through an employee, without an annual license
from the department:
(a) Use or direct the
use of any pesticide as an independent contractor for hire.
(b) Use or direct the use of a restricted-use
pesticide.
Note: See s.
94.703, Stats. A sole proprietor
licensed under this section may also be required to obtain a license as an
individual commercial applicator under s.
ATCP 29.25.
(2) EXEMPTIONS. The following persons are not
required to obtain a license under sub. (1):
(a) A government entity.
(b) An individual, employed by a person
licensed under sub. (1), who uses or directs the use of pesticides solely on
behalf of that employer and not on the individual's own behalf.
(c) A person applying pesticides as part of a
medical treatment provided by a licensed medical practitioner, or as part of a
veterinary treatment provided by a licensed veterinary practitioner.
(d) A person applying pesticides in the
laboratory in the course of bona fide laboratory research.
(e) A person applying germicides, sanitizers,
or disinfectants.
(f) An
agricultural producer, except that an agricultural producer who does any of the
following is not exempt:
1. Uses or directs
the use of pesticides for a person who is not an agricultural
producer.
2. Uses or directs the
use of pesticides for another agricultural producer for a purpose other than
the production of agricultural commodities, or for the purpose of producing
pesticide-treated commercial seed or pesticide-treated commercial wood
products.
3. For compensation other
than the exchange of goods or services, uses or directs the use of pesticides
for more than 3 other agricultural producers in any calendar year.
4. For compensation other than the exchange
of goods or services, uses or directs the use of pesticides applied in any
calendar year to a total of more than 500 acres of land which the agricultural
producer does not own or control.
(3) LICENSE EXPIRATION. A license under sub.
(1) expires on December 31 annually and is not transferable to another
person.
(4) LICENSE APPLICATION. An
applicant for an annual license under sub. (1) shall apply on a form provided
by the department. The application shall include all of the following
information, together with the fees required under sub. (6):
(a) The applicant's correct name, mailing
address, and street address. The application shall specify whether the
applicant is an individual, corporation, or other business entity.
(b) Every other name under which the
applicant does business.
(c) The
mailing address and street address of each business location under sub. (5). If
2 or more license applicants engage in activities under sub. (5) at the same
business location, all of those applicants shall identify that business
location in their own applications.
(d) The complete name and license number of
each of the applicant's employees who are required to be licensed under s.
ATCP 29.25.
(e)
Other information reasonably required by the department for the administration
of this section.
(5)
BUSINESS LOCATIONS. A business location under this section means any of the
following:
(a) A site from which the person
operates on a regular basis as a pesticide applicator for hire, including any
site at which the person regularly takes orders for pesticide applications. A
motorized vehicle, from which a person takes orders by mobile telephone, is not
a site under this paragraph.
(b) A
site, or a group of sites located within 1/2 mile of each other, at which a
person mixes or loads a total of at least 1,500 pounds of pesticide active
ingredient, excluding active ingredient applied at or immediately adjacent to
the mixing or loading site.
(6) FEES. A person required to be licensed
under sub. (1) shall pay the following annual license fee and surcharge for
each business location under sub. (5) from which that person operates during
the license year:
(a) A basic annual license
fee of $70.
(b) An agricultural
chemical cleanup surcharge of $20, except as provided in par. (c) or s.
94.73 (15),
Stats.
(c) If the applicant
manufactures or distributes bulk pesticides in this state, an additional
agricultural chemical cleanup surcharge of $25, except as provided in s.
94.73 (15),
Stats.
(7) ACTION ON
LICENSE APPLICATION. The department shall grant or deny a license application
under sub. (4) within 30 business days after the department receives a complete
application.
(8) UPDATED
INFORMATION. A person submitting an annual license application under sub. (4)
shall promptly notify the department if any of the following occurs after that
person submits that application:
(a) The
person adds a business location under sub. (5). The person shall pay a license
fee and surcharge for that additional location, as provided under sub.
(6).
(b) There is any other
significant change in information provided under sub. (4).
