Current through August 26, 2024
(1) PERMIT
REQUIRED. Except as provided under sub. (2), no person may purchase or use any
of the following pesticides without a written permit from the department:
(a) Sodium fluoroacetate (1080).
(b) Strychnine, including products containing
strychnine sold or purchased for use as pesticides.
(c) Any pesticide used to control insects or
rodents in public sewers, except when used by a commercial applicator certified
under s.
ATCP 29.31(11).
(2) EXEMPTIONS. Subsection (1) does not apply
to any of the following:
(a) Use authorized by
an emergency permit under s.
ATCP 29.70
or an experimental use permit under s.
ATCP 29.71.
(b)
The purchase, sale, or use of a pesticide for bona fide laboratory research, or
as a bona fide laboratory standard or educational exhibit.
(3) PERMIT APPLICATION. To obtain a permit
under sub. (1), a person shall apply on a form provided by the department. In
an emergency, the department may accept an oral application which the applicant
confirms in writing within 48 hours. An application shall include all of the
following:
(a) The applicant's name and
address.
(b) The name and address
of each individual applicator who will apply the pesticide in the name of the
applicant.
(c) The name and
formulation of the pesticide for which the applicant seeks a permit.
(d) The proposed use of the pesticide,
including purpose, location, and quantity.
(e) The special circumstances that justify
the purchase and use of the pesticide.
(f) Any special controls or precautions that
will apply.
(g) Any information
required under sub. (7) (b) if the applicant is applying to purchase or use
sodium fluoroacetate (1080).
(h)
Other relevant information required by the department.
(4) ACTION ON PERMIT APPLICATION. The
department shall grant or deny a permit application within 60 business days
after the applicant files a complete application with the department.
(5) ISSUING A PERMIT. The department may
issue a permit under sub. (1) if the department finds that the pesticide use is
justified by special circumstances, that there is no effective alternative to
the pesticide use, and that the proposed use does not pose an unreasonable risk
to persons, property, or the environment.
Note: The department must prepare an
environmental assessment on each permit issued under this subsection. See ch.
ATCP 3.
(6) PERMIT
CONDITIONS. The department may impose permit conditions which it considers
appropriate. No person may use a pesticide contrary to the conditions which the
department specifies.
(7) SODIUM
FLUOROACETATE (1080) PERMIT.
(a) No permit
under sub. (1) may authorize the purchase or use of sodium fluoroacetate (1080)
for any purpose other than the control of rats or mice by a commercial
applicator who is licensed under s.
ATCP 29.25 and certified for that purpose under s.
ATCP 29.26.
(b) An application for a sodium fluoroacetate
(1080) permit shall include all of the following information:
1. The nature of the application site and
surrounding area.
2. The types of
wild animals frequenting the site, if any.
3. The form in which the sodium fluoroacetate
(1080) will be used, including the type of bait used.
4. The method of application.
5. The method for disposing of rat or mouse
carcasses.
(c) The
following conditions apply to all permits under this section or s.
ATCP 29.70
authorizing the use of sodium fluoroacetate (1080):
1. The application site shall be secured
against entry by nontarget animals, and by persons other than the pesticide
applicator.
2. The applicator shall
apply the pesticide so that the application site is not contaminated. The
applicator shall remove all unconsumed pesticide before the application site is
reopened for access by other persons or nontarget animals.
3. An applicator making an outdoor
application shall use a tamper-proof bait box that precludes any hazard to
humans or nontarget animals.
4. The
applicator shall promptly remove all rats and mice killed by the pesticide, to
prevent access by humans or other animals. The applicator shall dispose of the
carcasses in a landfill licensed by the department of natural resources s.
289.31,
Stats.
5. The applicator shall keep
records of the application for at least 2 years, and shall make those records
available to the department for inspection and copying upon request. Records
shall include the date and time of application, the site at which the pesticide
was used, the form in which the pesticide was used, the method of application,
and the site used for carcass disposal.
(8) STRYCHNINE PERMITS. No permit under sub.
(1) may authorize the purchase or use of strychnine for any but the following
purposes:
(a) Registered uses below
ground.
(b) Registered uses to
control rats or mice.
(9) SODIUM FLUOROACETATE OR STRYCHNINE SALES.
(a) No person may sell sodium fluoroacetate
(1080) or strychnine to any person who does not have a permit under sub. (1).
(b) A person selling sodium
fluoroacetate (1080) or strychnine shall keep all of the following records
related to each sale:
1. All of the records
required under s.
ATCP 29.15(8).
2. The purchaser's permit number under sub.
(1).
(c) A person
selling sodium fluoroacetate (1080) or strychnine shall keep the records
required under par. (b) for at least 2 years, and shall make those records
available to the department for inspection and copying upon request.
(d) No person holding a permit under sub. (1)
may resell or distribute a pesticide identified under sub. (1) to any person
not covered by that permit.
