Current through August 26, 2024
(1) AUTHORITY. The
department may register either of the following if the registration is
necessary to meet a special local need in the state:
(a) A pesticide product which is not
registered under the federal act. The registration shall specify the uses for
which the pesticide product is registered.
(b) A new use for a pesticide product that is
currently registered under par. (a).
(2) EFFECT OF REGISTRATION. Registration
under sub. (1) has the same effect in this state as registration under the
federal act unless the federal environmental protection agency disapproves the
registration.
(3) REGISTRATION
STANDARDS. The department may register a pesticide product or use under sub.
(1) if the department finds all of the following:
(a) Registration is necessary to meet a
special local need in this state. A special local need is a current or imminent
pest problem in this state that cannot be adequately controlled by the use of
any available federally registered pesticide product. The department may find
that a pest problem existing on a nationwide or multi-state regional basis is
not a special local need.
(b) There
are insufficient alternative pesticides or pest control methods to meet the
special local need.
(c) The
pesticide product is effective, for the uses registered under sub. (1), when
used according to label directions. The department's finding under this
paragraph does not constitute a warranty by the department.
(d) The pesticide label complies with this
chapter and the federal act, and warrants that the product is effective for the
uses registered under sub. (1).
(e) The pesticide product will not be
distributed for further manufacturing, reformulation or repackaging.
(f) The pesticide product, if registered for
use on raw agricultural commodities, food or feed, is covered by necessary
residue tolerances, exemptions and clearances under the federal act and the
federal food, drug and cosmetic act as amended (21 USC
301 et seq.).
(g) The pesticide product, when used
according to label directions for the purposes registered under sub. (1), will
not have unreasonable adverse effects on persons, property or the environment.
(h) The federal environmental
protection agency has not denied, disapproved, canceled or suspended any
registration of the pesticide product under the federal act. If the federal
environmental protection agency has denied, disapproved, canceled or suspended
the registration of the product for any use, the department may not register
any other use of that product without approval from the federal environmental
protection agency.
(i) The
pesticide product complies with all applicable packaging, coloration and
labeling provisions under this chapter, ss.
94.67 to
94.71,
Stats., and the federal act.
(j)
The benefits derived from pesticide product uses registered under sub. (1) will
exceed the adverse effects on persons, property and the environment.
(k) The pesticide product is currently
registered under the federal act, or is formulated from ingredients which are
all found in other federally registered pesticide products.
Note: The department must prepare an environmental
assessment on each permit issued under this subsection. See ch. ATCP 3.
(4) APPLYING FOR
REGISTRATION. A person licensed under s.
ATCP 29.10 may apply for a special local needs registration
under sub. (1). The application 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 name, address and license
number under s.
ATCP 29.10. If the applicant is not yet licensed under s.
ATCP 29.10, the applicant shall also submit a license
application under that section.
(b)
A fee of $250.
(c) A complete
description of the special local need justifying the registration.
(d) The name of the pesticide
product.
(e) The registration
number of the pesticide product or, if the product is not currently registered
under the federal act, the complete product formula.
(f) A copy of the proposed pesticide product
label.
(g) Valid scientific
evidence demonstrating that the product is effective for the proposed
use.
(h) Evidence showing that
alternative pesticides and pest control methods are not adequate to meet the
special local need.
(i) A
description and analysis of the benefits to be derived from the proposed
pesticide use.
(j) A description
and analysis of potential adverse effects to persons, property and the
environment which may result from the proposed pesticide use.
(k) Evidence demonstrating that the pesticide
product will not have unreasonable adverse effects on persons, property or the
environment when used according to label directions.
(L) An analysis demonstrating that the
benefits to be derived from the proposed pesticide use exceed the potential
adverse effects.
(m) Other relevant
information required by the department.
(5) ACTION ON APPLICATION. The department
shall grant or deny an application under sub. (4) within 180 business days
after the department receives a complete application.
(6) REGISTRATION EXPIRES. A special local
needs registration under sub. (1) expires on a date specified by the department
in the registration. The expiration date shall be not more than 5 years after
the date on which the department issues the registration.
(7) REGISTRATION RENEWAL OR AMENDMENT. A
registrant under sub. (1) may apply to have that registration renewed or
amended. The application shall comply with sub. (4). The department shall act
on the application as if it were an application for a new registration. If a
registration is amended during a registration period, the amendment expires at
the end of that registration period. A registration may be renewed for a period
of up to 5 years.
(8) LABELING. A
pesticide product registered for one or more uses under sub. (1) shall be
labeled in compliance with s.
ATCP 29.06.
The product label shall also include all of the following:
(a) A statement indicating that the
registration under sub. (1) applies only in Wisconsin.
(b) The registration number assigned by the
department.
(c) The expiration date
of state registration.
(d) Other
labeling required by the department.
(9) REGISTRATION CONDITIONS. The department
may restrict a registered use under sub. (1) to certified applicators, and may
attach other conditions to the registration of a pesticide product or use under
sub. (1). The department shall restrict a use to certified applicators if any
of the following apply:
(a) The pesticide
product is similar in composition to a federally registered product for which
similar uses are restricted to certified applicators. Pesticide products are
similar in composition if they have the same active ingredients and are in the
same toxicity category. Pesticide uses are similar if they have substantially
equivalent purposes and the same precautionary labeling.
(b) The use would be restricted to certified
applicators under the federal act.
(c) The restriction is justified in order to
prevent unreasonable hazards to persons, property or the environment.
(10) SUSPENSION OR REVOCATION. The
department may summarily suspend or revoke a registration under sub. (1) if the
department finds any of the following:
(a)
Information contained in the registration application is false or
misleading.
(b) Registration
conditions have been violated.
(c)
A registered use poses an unreasonable risk to persons, property or the
environment.
(d) The special local
need no longer exists.
(e) The
registration is suspended or disapproved by the federal environmental
protection agency.
