Current through August 26, 2024
(1) LICENSE
REQUIRED. Except as provided under sub. (2), no individual may do any of the
following without an annual license from the department:
(a) Use or direct the use of any pesticide as
an independent contractor for hire, or as an employee of an independent
contractor for hire.
(b) Use or
direct the use of a restricted-use pesticide.
Note: See s.
94.704, Stats. A license under
this section entitles the license holder to engage only in those activities for
which the license holder is also certified for competency under s.
ATCP 29.26. An individual who is the sole proprietor of a
pesticide application business must be licensed under s.
ATCP 29.20 and this section.
(2) EXEMPTIONS. No license is required under
sub. (1) for any of the following:
(a) A
health practitioner who uses or directs the use of a pesticide as part of a
medical treatment which that practitioner is licensed to provide in this
state.
(b) A veterinarian who uses
or directs the use of a pesticide as part of a veterinary treatment which that
veterinarian is licensed to provide in this state.
(c) A veterinary technician who uses a
pesticide as part of a veterinary treatment which that technician is certified
to provide under ch. 89, Stats.
(d)
A laboratory researcher who uses or directs the use of pesticides only in the
laboratory as part of a bona fide laboratory research project.
(e) An individual who only uses or directs
the use of germicides, sanitizers, or disinfectants.
(f) An employee of a pesticide application
business licensed under s.
ATCP 29.20 who applies pesticides only to property owned or
controlled by that pesticide application business, and who applies no
restricted-use pesticides.
(g) An
individual who is currently registered as a trainee under s.
ATCP 29.32.
Note: A trainee registration under s.
ATCP 29.32 expires 30 days after the trainee's employer
files the registration with the department.
(h) 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 CONDITIONS.
(a) A license under sub. (1) expires on
December 31 annually and is not transferable between persons.
(b) An individual licensed under sub. (1)
shall carry the license when engaged in any activity for which the license is
required.
(c) The department may
not issue a license under sub. (1) to an individual who is less than 16 years
old.
(4) LICENSE
APPLICATION. An applicant for a license under sub. (1) shall apply on a form
provided by the department. An application shall include all of the following
information, together with the fees required under sub. (5):
(a) The applicant's complete name, mailing
address, and street address.
(b)
The applicant's business name and address if the individual is engaged in
business as a sole proprietor.
(c)
The name and address of the person, if any, who employs the applicant to use or
direct the use of pesticides.
(d)
Any other information which the department reasonably requires to administer
this section.
(5) F EES.
(a) Except as provided under par. (b), an
applicant for an annual license under sub. (1) shall pay an agricultural
chemical cleanup surcharge of $10, except as provided in s.
94.73 (15),
Stats.
(b) No fee or surcharge is
required under par. (a) for an applicant who uses or directs the use of
pesticides under sub. (1) only as a government employee or as an employee of a
public or private educational institution.
(6) ACTION ON LICENSE APPLICATION. The
department shall grant or deny an application under sub. (4) within 30 business
days after the department receives a complete application.
