Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 20-54 - Agricultural Resource Management
Chapter ATCP 33 - Fertilizer And Pesticide Bulk Storage

Chapter 33 as it existed on October 31, 2006, was repealed and a new chapter 33 was created effective November 1, 2006.

Note: Chapter ATCP 29 contains general rules related to the manufacture, storage, labeling, distribution and use of pesticides. Persons who manufacture, label, distribute or commercially apply pesticides must be licensed by the department.

Chapter ATCP 40 contains general rules related to the manufacture, labeling and distribution of fertilizer. Persons who manufacture, label or distribute fertilizer must be licensed by the department.

The department of agriculture, trade and consumer protection may investigate violations of this chapter, and may take enforcement action as necessary. See, for example, ss. 93.06(7) to (10), 93.08, 93.14 to 93.16, 94.645(4) and (5), and 94.77, Stats. See also s. 94.64, Stats. (fertilizer) and ss. 94.67 to 94.71, Stats. (pesticides).

Under ch. ATCP 35, the department may reimburse certain agricultural chemical contamination cleanup costs. Failure to comply with this chapter may affect an operator's eligibility for reimbursement under ch. ATCP 35.

Under the Federal Insecticide, Fungicide, and Rodenticide Act (7 USC 136 et. seq.), pesticide sellers who repackage pesticides by delivering them from bulk storage to customers must do the following things, among others:

* Register the seller's facility as a pesticide producing establishment.

* File annual pesticide production reports.

* Maintain books and records.

* Provide labeling to purchasers of bulk pesticides.

* Deliver pesticides from bulk storage only to customers.

* Maintain a formal repackaging agreement with the pesticide product registrant.