Section 29.01. Definitions.

  In this chapter:

(1)  "Agricultural commodity" has the meaning given in s. 94.67 (2) , Stats.

(2)  "Agricultural employer" has the meaning given in s. ATCP 29.60 (1) .

(3)  "Agricultural establishment" has the meaning given in s. ATCP 29.60 (3) .

(4)  "Agricultural pesticide" has the meaning given in s. ATCP 29.60 (4) .

(5)  "Agricultural plant" has the meaning given in s. ATCP 29.60 (5) .

(6)  "Agricultural producer" means a person who produces agricultural commodities on land which that person owns or controls.

(7)  "Air gap" means the unobstructed vertical distance through the free atmosphere between the following points:

(a) The lowest opening from any outlet supplying water to a tank, vat, reservoir, or other pesticide container.

(b) The overflow rim of the tank, vat, reservoir, or pesticide container.

(8)  "Apply a pesticide" means to bring, or attempt to bring, a pesticide into contact with a target organism or site.

(8m)  "Bulk pesticide" means liquid pesticide in a container larger than 55 gallons (208 liters) or dry pesticide in undivided quantities greater than 100 pounds (45 kilograms).

(9)  "Catch basin" means all structures or containers used to provide the containment capacity required to contain or hold liquids at a site where pesticides are transferred from one container to another. "Catch basin" may include spill containment surfaces, sumps, and above-ground storage containers.

(10)  "Certified applicator" means a pesticide applicator who is certified under s. ATCP 29.26 or 29.27 .

(11)  "Chemigation" has the meaning given in s. ATCP 29.54 (1) (d) .

(12)  "Chemigation system" has the meaning given in s. ATCP 29.54 (1) (e) .

(13)  "Department" means the state of Wisconsin department of agriculture, trade and consumer protection.

(14)  "Direct the use of a pesticide" means to select or control the use of a pesticide, where the selecting or controlling individual has supervisory authority over the person using the pesticide.

(15)  "Display pesticides" means to expose, to public view and access, containers of pesticides that are offered for sale to the public.

(16)  "Distribute a pesticide" means to distribute a pesticide for sale or use in this state.

(17)  "Dual notice agricultural pesticide" has the meaning given in s. ATCP 29.60 (9) .

(18)  "Environment" has the meaning given in s. 94.67 (12) , Stats.

(19)  "Federal act" means the federal insecticide, fungicide and rodenticide act, as amended ( 7 USC 136 et seq.) and regulations issued under that act.

(20)  "Household pesticide" has the meaning given in s. ATCP 29.11 (1) (a) .

(21)  "Individual" means a natural person.

(22)  "Irrigation" means the application of water to land, crops or plants in order to supply the water needs of plants or to promote plant growth.

(23)  "Mix or load" a pesticide means to do any of the following:

(a) Mix a pesticide with water, other pesticides, fertilizer, or other substances, in preparation for a pesticide application.

(b) Transfer a pesticide into pesticide application equipment, or into a mix or nurse tank.

(c) Engage in any of the following activities which is incidental to an activity under par. (a) or (b) :

1. Activities which the pesticide label requires of the mixer or loader.

2. Handling an open pesticide container, other than an empty container that has been triple-rinsed or cleaned according to the pesticide label.

3. Cleaning or rinsing an open pesticide container.

4. Disposing of a pesticide or pesticide rinsate.

(24)  "Mix or nurse tank" means a tank or container used for any of the following purposes:

(a) Mixing pesticides with other pesticides, or with water, fertilizer, or other substances.

(b) Temporarily holding a mixture under par. (a) before transferring that mixture to pesticide application equipment.

(24m)  "Natural area" means native, undeveloped, or wild land and land that is preserved or restored and managed for its natural or native features, including parks, forests, and native grassland on public and private land.

(25)  "Ornamental" means a tree, shrub, or other planting grown for its decorative effect in or around a home, building, park, street, or roadway.

(25m)  "Perimeter barrier application" means a pesticide application that is made on or within 10 feet of a building or structure to prevent or discourage pests from entering that building or structure.

(26)  "Person" means an individual, corporation, partnership, cooperative association, limited liability company, trust, or other organization or entity. "Person" includes a county or local government entity, but does not include a state or federal government entity.

(27)  "Pest" means anything declared to be a pest under s. ATCP 29.02 or the federal act.

(28)  "Pesticide" has the meaning given in s. 94.67 (25) , Stats., and includes a pesticide-fertilizer mixture.

(29)  "Pesticide drift" means pesticide deposited outside a target application site as a result of pesticide movement caused by air currents or diffusion.

(30)  "Pesticide overspray" means pesticide deposited outside a target application site as a result of an applicator's failure to control the direct flow or application of pesticide from the application equipment so as to confine it to the target application site.

(31)  "Pesticide product" means a pesticide, all of the containers of which in commerce are labeled with a unique combination of all of the following:

(a) The brand name of the pesticide.

(b) The pesticide registration number or, if the pesticide product is exempt from registration under 40 CFR 152.25 , the labeling required under 40 CFR 152.25 .

(c) The name of the pesticide labeler.

(32)  "Protective equipment" means clothing and other materials or devices that protect individuals against unintended exposure to pesticides.

(33)  "Record" means information in either of the following forms:

(a) Paper or other hard-copy form.

(b) Electronic form if the information can also be readily produced in hard-copy form.

(34)  "Registrant" means a person in whose name a pesticide is registered with the federal environmental protection agency under the federal act, or with the department under s. ATCP 29.72 .

(35)  "Restricted entry interval" means the time after the end of a pesticide application during which entry into the treated area is restricted.

(36)  "Restricted-use pesticide" means a pesticide which, for some or all uses, is classified under the federal act or s. ATCP 29.72 for use only by certified applicators.

(37)  "Rinsate" means a dilute mixture, consisting of one or more pesticides diluted with water or other substances such as solvents, surfactants, rinsing agents, or detergents, that results from cleaning pesticide application equipment, mix or nurse tanks, pesticide containers, catch basins, or spill containment surfaces.

(37m)  "Rodenticide bait station" means a tamper-resistant package, container, or device holding a pesticide used to control rodents.

(38)  "Sell" means to sell, offer for sale, display for sale, or hold for sale in this state.

(39)  "Supplemental registrant" means a person in whose name a pesticide is supplementally registered with the federal environmental protection agency under the federal act.

(40)  "Toxicity" means the tendency or capacity of a pesticide to cause adverse physiological effects.

(41)  "Use" a pesticide means to mix or load a pesticide, apply a pesticide, or engage in any of the following activities which is related to the mixing, loading, or application of a pesticide:

(a) Activities which the pesticide label requires of the mixer, loader, or applicator.

(b) Handling an open pesticide container, other than an empty container that has been triple-rinsed or cleaned according to the pesticide label.

(c) Cleaning or rinsing an open pesticide container, pesticide application equipment, or a mix or nurse tank.

(d) Disposing of a pesticide or pesticide rinsate.

(e) Aerating or ventilating spaces treated with a pesticide.

(42)  "Water supply tank" means a tank or container that holds or supplies water for a pesticide use, but does not contain any pesticide or pesticide residue.

(43)  "Waters of the state" means those portions of Lake Michigan and Lake Superior, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, water courses, drainage systems, and other surface or ground water, whether public or private, within the state or its jurisdiction.