Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 20-54 - Agricultural Resource Management
Chapter ATCP 29 - Pesticide Use And Control
Subchapter VII - Storing, Transporting And Selling Pesticides
Section ATCP 29.41 - Selling pesticides
Universal Citation: WI Admin Code ยง ATCP 29.41
Current through August 26, 2024
(1) GENERAL. No person may do any of the following:
(a) Sell any pesticide that is not
properly registered and labeled according to subch. II.
(b) Sell a pesticide if any part of the
pesticide label is absent or illegible.
(c) Sell a pesticide in a manner inconsistent
with the pesticide label.
(d) Sell
a pesticide in a visibly broken, defective or improperly sealed
container.
(e) Sell a pesticide for
a use which is not specifically identified on the pesticide label or, in the
case of an additional registered use, on supplemental labeling which the seller
receives from the pesticide manufacturer or registrant and provides to the
purchaser at the time of sale.
(f)
Make any false, deceptive or misleading representation in connection with the
sale or offer of a pesticide.
(g)
Continue to sell any pesticide after its registration expires or is canceled,
or after the department orders the pesticide removed from sale for any
reason.
(2) RETAIL SALES.
(a) No person may sell, at retail, any
substance with instructions for using that substance to formulate a pesticide
unless that substance is registered as a pesticide under s.
ATCP 29.05.
(b)
Pesticides bearing the precautionary signal words "POISON", "DANGER" or
"WARNING", when displayed at retail, shall be protected from access by
children. A retail display complies with this paragraph if any of the following
applies:
1. The pesticides are kept at least
42 inches above the floor.
2. The
pesticides are packaged in nonbreakable tamper-resistant containers.
(c) Pesticides displayed at retail
shall be adequately separated from food, feed and other products so they will
not contaminate or be mistaken for those products.
(3) RETAIL SALES OF LANDSCAPE PESTICIDES. No person may sell at retail, to any person other than a certified commercial applicator, any landscape pesticide as defined in s. ATCP 29.56(1) (f) unless that person displays all of the following items at the point of sale and offers them to the buyer at no additional charge at the time of sale:
(a)
Warning signs containing the information shown in ch. ATCP 29 Appendix F. Each
warning sign shall be all of the following:
1. At least 4 inches by 5 inches in
size.
2. Professionally printed in
red lettering, on a white background, according to the format shown in ch. ATCP
29 Appendix F. A warning sign may contain supplementary information beyond that
shown in ch. ATCP 29 Appendix F if the information is consistent with and does
not detract from that shown in ch. ATCP 29 Appendix F.
3. Constructed so that it remains clearly
legible for at least 72 hours after it is posted, despite reasonably
foreseeable adverse weather conditions.
(b) Pesticide information sheets which are
identical to that shown in ch. ATCP 29 Appendix G.
See also subch. IV related to pesticide dealers and distributors.
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