Current through November 25, 2024
(1) AUTHORIZATION.
The department may issue an experimental use permit authorizing the sale,
purchase, shipment and use of a pesticide, other than DDT and its isomers and
metabolites, for experimental purposes not otherwise permitted under ss.
94.67 through
94.71,
Stats., or this chapter. The department may not issue a permit for any purpose
that is prohibited under the federal act. The department may issue a permit to
any of the following persons:
(a) A person who
needs the permit to acquire experimental data in this state in order to
register a pesticide or pesticide use under the federal act or s.
ATCP 29.72.
(b)
A person, other than a pesticide seller or a seller's promotional agent, who
needs the permit to perform bona fide scientific research in this
state.
(2) PERMIT
APPLICATION. An application for an experimental use permit under sub. (1) shall
be submitted by electronic means to the department unless advance approval to
submit a paper application is granted by the department. The application shall
include all of the following:
(a) The
applicant's complete name and address.
(b) The complete name and address of each
person who will be shipping the pesticide, and the address from which each
shipment will originate.
(c) The
complete name and address of each person who will receive a pesticide shipment
in this state.
(d) The complete
name and address of each individual who will use or direct the use of the
pesticide.
(e) The complete name
and address of each person on whose property the pesticide will be
used.
(f) A detailed description of
the proposed experimental use, including all of the following:
1. The purpose of the experimental
use.
2. The amount of pesticide to
be used.
3. The target organisms
against which the experimental use will be directed.
4. The type of plants, animals or site to be
treated.
5. The location, nature
and size of the site to be treated, and the nature of the surrounding
environment.
6. The dates or time
periods on or within which the pesticide will be used.
7. The methods by which the pesticide will be
applied or used.
(g) The
proposed schedule of pesticide shipments, including individual shipment dates
and amounts.
(h) A detailed
description of the pesticide, including all of the following:
1. The pesticide's chemical composition and
formulation type, including the chemical name and percentage by weight of each
active and inert ingredient.
2.
Relevant chemical and physical properties of the pesticide.
3. Methods used to analyze the pesticide
formulation and identify pesticide residues.
4. Available information on pesticide
toxicity, including oral, dermal and inhalation toxicity, lethal concentrations
in the aquatic environment, chronic toxicity hazards, and symptoms of toxicity
in persons, plants and animals.
5.
Available information on the rate of decline of pesticide residues in target
and nontarget organisms, raw agricultural commodities, food, feed and the
environment.
6. Potential hazards
to persons using the pesticide, and suggested precautions for use.
(i) A description of precautions
that will be taken in connection with the experimental use to prevent hazards
to persons, property and the environment.
(j) Either of the following if the
experimental use may cause pesticide residues to occur in raw agricultural
commodities, food or feed:
1. Proof that the
proposed experimental use will not result in pesticide residues in excess of
tolerances established under the federal act or the federal food, drug and
cosmetic act, as amended (21 USC 301 et seq.),
or that the pesticide's active and inert ingredients are exempted from the
requirement of a residue tolerance in raw agricultural commodities, food and
feed.
2. Certification that no raw
agricultural commodities, food or feed involved in the experimental use will be
consumed by humans or other animals, except laboratory or experimental animals
not used for food or feed.
(k) A copy of any permit which the federal
environmental protection agency has issued for the experimental use under the
federal act.
(l) Proposed labeling
for the experimental use pesticide.
(m) Other relevant information required by
the department.
(3)
ACTION ON PERMIT APPLICATION. The department shall grant or deny a permit
application under sub. (2) within 60 business days after the department
receives a complete application.
(4) ISSUING A PERMIT. The department may
issue a permit under sub. (1), based on a complete application under sub. (2),
if the department finds all of the following:
(a) The experimental use is one for which a
permit may be issued under sub. (1).
(b) The permit applicant qualifies under sub.
(1).
(c) The persons conducting
the experimental use are qualified by training or experience to do
so.
(d) The experimental use
presents no significant hazard to persons, property or the environment, and
includes adequate controls and safeguards.
Note: The department must prepare an environmental
assessment on each permit issued under this subsection. See ch. ATCP 3, Wis.
Adm. Code.
(5)
PERMIT CONDITIONS. The department may impose conditions on permits issued under
sub. (1). Permit conditions may include limits on the amount of pesticide used,
the method of use, the size and location of application sites, and the disposal
of unused pesticides and pesticide containers.
(6) PERMIT EXPIRATION. A permit under sub.
(1) expires on a date set by the department. The expiration date shall
correspond to the expiration date set by the federal environmental protection
agency on any corresponding federal permit. If no federal permit is required,
the department shall set an expiration date which is no more than 2 years from
the date on which the department issues the permit.
(7) PERMIT RENEWAL OR AMENDMENT. A person
holding a permit under sub. (1) may apply to have that permit renewed or
amended. The application shall comply with sub. (2). The department shall act
on the application as if it were an application for a new permit.
(8) PERMIT SUSPENSION OR REVOCATION. The
department may summarily suspend or revoke an experimental use permit if the
department finds any of the following:
(a)
Information contained in the permit application is false or
misleading.
(b) Permit conditions
or limitations have been violated.
(c) The pesticide use poses an unreasonable
risk to persons, property or the environment.
(9) PESTICIDE LABELING. No person may ship or
use a pesticide under an experimental use permit unless the pesticide is
labeled with all of the following:
(a) The
prominent statements "FOR EXPERIMENTAL USE ONLY" and "NOT FOR
RESALE."
(b) The name, brand or
trademark of the pesticide.
(c) The
name and address of the experimental use permit holder.
(d) The net contents of the pesticide
container.
(e) A complete
ingredient statement.
(f)
Appropriate warning or cautionary statements.
(g) A restricted entry interval, if
appropriate.
(h) Directions and
conditions for use of the pesticide.
(i) Other labeling required by the
department.
(10)
REPORTS.
(a) The department may require the
holder of an experimental use permit under sub. (1) to file periodic reports
related to the shipment or use of pesticides under that permit. These may
include reports related to any of the following:
1. The amounts of pesticide shipped and
used.
2. Shipment and delivery
dates and locations.
3. Dates and
locations of pesticide use.
4.
Experimental findings.
5. Disposal
of unused pesticide and pesticide containers.
6. Disposal of treated agricultural
commodities, food or feed.
7. Other
information related to the experimental use.
(b) A permit holder shall immediately report
to the department any observed adverse effects of the experimental use on
persons, property or the environment.
(11) EXEMPTIONS.
(a) The following entities may conduct
preliminary screening tests under par. (b) without an experimental use permit
under sub. (1):
1. A state or federal
agency.
2. An accredited college or
university.
3. A pesticide
registrant.
(b) The
following tests are considered preliminary screening tests under par. (a) if
they are solely designed to determine whether a substance has value as a
pesticide for specific purposes:
1.
Laboratory or greenhouse tests.
2.
Field tests, other than field tests of microorganisms produced or modified by
recombinant DNA techniques, conducted on test plots owned by the testing
entity. No individual test plot may exceed 1/2 acre, nor may the combined area
of all the test plots exceed 5 acres.
3. Tests for which the federal environmental
protection agency issues an experimental use permit. The testing entity shall
provide the department with a copy of the federal permit and shall notify the
department of the test locations before conducting the tests.
(c) No raw agricultural
commodities, food or feed involved in a screening test under par. (b) may be
consumed by humans or other animals, except laboratory or experimental animals
which are used in the test and are not used for food or feed. The agricultural
commodities, food and feed shall be disposed of in a manner that minimizes
exposure to human beings and the environment.
(d) The exemption under par. (a) does not
apply to a pesticide or pesticide use which is specifically prohibited under
this chapter, or for which a federal registration has been denied, suspended or
canceled.