Section 29.11. Pesticide manufacturers and labelers; fees.

 

(1)   Definitions. In this section:

(a) "Household pesticide" means a pesticide that is any of the following:

1. A sanitizer.

2. A disinfectant.

3. A germicide.

4. An insect repellant that is applied to the human body or to clothing.

5. A pesticide that is used exclusively for the treatment of household pets.

6. A pesticide product that is labeled exclusively for household, lawn, or garden use if the product either is sold in ready-to-use form or is sold exclusively in container sizes of less than one gallon.

7. A solid or liquid pesticide product that is used exclusively for the treatment of swimming pools, spas, or hot tubs.

(b) "Industrial pesticide" means a pesticide that is not a household pesticide and that is one of the following:

1. Solely labeled for use on wood and contains pentachlorophenol, coal tar creosote, or inorganic arsenical wood preservatives.

2. Labeled for use in controlling algae, fungi, bacteria, microscopic organisms, or mollusks in or on one or more of the following, and for no other use except a use described in par. (a) 6. or 7. :

a. Textiles, paper, leather, plastic, vinyl, or other synthetic materials, metal or rubber.

b. Paints, varnishes, other coating products, lubricants, or fuels.

c. Commercial, construction, manufacturing, or industrial fluids, including adhesives, additives or pigments.

d. Commercial, construction, manufacturing or industrial processes, equipment, devices, or containers, other than those used in the production or storage of human food or animal feed.

e. Air washing, cooling, or heat transfer systems.

f. Medical equipment.

g. Drinking water or waste water systems.

(c) "Nonhousehold pesticide" means a pesticide that is not a household pesticide or an industrial pesticide.

(d) "Preceding year" means the 12 months ending on September 30 of the year immediately preceding the year for which the applicant seeks a license under s. ATCP 29.10 .

(e) "Primary producer" means a person who manufactures an active ingredient that is used to manufacture or produce a pesticide.

(2)   Annual license fee. An applicant for a license under s. ATCP 29.10 shall pay an annual license fee for each pesticide product that the applicant sells or distributes. Except as provided in subs. (5) to (7) , the fee for each pesticide product is as follows:

(a) Household pesticides. For each household pesticide product:

1. If the applicant sold less than $25,000 of the product during the preceding year for use in this state, $265.

2. If the applicant sold at least $25,000 but less than $75,000 of the product during the preceding year for use in this state, $750.

3. If the applicant sold at least $75,000 of the product during the preceding year for use in this state, $1,500.

(b) Industrial pesticide. For each industrial pesticide product:

1. If the applicant sold less than $25,000 of the product during the preceding year for use in this state, $315.

2. If the applicant sold at least $25,000 but less than $75,000 of the product during the preceding year for use in this state, $860.

3. If the applicant sold at least $75,000 of the product during the preceding year for use in this state, $3,060.

(c) Nonhousehold pesticide. For each nonhousehold pesticide product:

1. If the applicant sold less than $25,000 of the product during the preceding year for use in this state, $320.

2. If the applicant sold at least $25,000 but less than $75,000 of the product during the preceding year for use in this state, $890.

3. If the applicant sold at least $75,000 of the product during the preceding year for use in this state, $3,060 plus 0.2% of gross revenues from product sales during the preceding year for use in this state.

(3)   Nonhousehold pesticides; cleanup surcharge. An applicant for a license under s. ATCP 29.10 shall pay an agricultural chemical cleanup surcharge for each nonhousehold pesticide product that the applicant sells or distributes. Except as provided in sub. (6) or (7) , the amount of the surcharge is as follows:

(a) If the applicant sold less than $25,000 of the product during the preceding year for use in this state, $2.80.

(b) If the applicant sold at least $25,000 but less than $75,000 of the product during the preceding year for use in this state, $96.00.

(c) If the applicant sold at least $75,000 of the product during the preceding year for use in this state, an amount equal to 0.60% of gross revenues from product sales during the preceding year for use in this state.

(3m)   Wood preservatives; cleanup surcharge. An applicant for a license under s. ATCP 29.10 shall pay an environmental cleanup surcharge for each pesticide product, sold or distributed by the applicant in this state, that is not a household pesticide and is solely labeled for use on wood and contains pentachlorophenol or coal tar creosote. Except as provided in sub. (6) , the amount of the surcharge is as follows:

(a) If the applicant sold less than $25,000 of that product during the preceding year for use in this state, $5.

(b) If the applicant sold at least $25,000 but less than $75,000 of that product during the preceding year for use in this state, $170.

(c) If the applicant sold at least $75,000 of that product during the preceding year for use in this state, an amount equal to 1.1% of gross revenues from sales of the product during the preceding year for use in this state.

(4)   Primary producers; well compensation fee. Except as provided under sub. (7) , a primary producer applying for a license under s. ATCP 29.10 shall pay a well compensation fee of $150.

(5)   Unreported pesticide; increased license fee. If a person sells or distributes a pesticide product without having filed a report for that product under s. ATCP 29.10 (3) (c) or (4) , the license fee for that product is twice the amount determined under sub. (2) .

(6)   Discontinued pesticide; final license fee and cleanup surcharge. A person who stops selling or distributing a pesticide product for use in this state shall do all of the following:

(a) Notify the department by December 31 of the year in which the person stops selling or distributing the pesticide product.

(b) By March 31 of the year following the year in which the person stopped selling or distributing the pesticide product, file a report with the department showing the gross revenue that the person derived from the sale of the pesticide product, for use in this state, from October 1 of the preceding year to December 31 of the year in which the person stopped selling or distributing that pesticide product. The department may not disclose sales revenue information obtained under this paragraph.

(c) By March 31 of the year following the year in which the person stopped selling the pesticide product for use in this state, pay a final license fee for the pesticide product, calculated under sub. (2) based on sales of that product during the period specified in par. (b) .

(d) If the product is a nonhousehold pesticide, pay a final agricultural chemical cleanup surcharge calculated under sub. (3) based on sales of that product during the period specified in par. (b) .

(7)   Exempt Pesticide products. Subsections (2) to (4) do not apply to pesticides that are exempt from federal registration under 40 CFR 152.25 .

(8)   Fees and surcharges nonrefundable.

(a) Except as provided in par. (b) , the department may not refund a fee or surcharge under this section after the department issues a license under s. ATCP 29.10 to the person who paid the fee or surcharge, unless the fee or surcharge was not properly collected or charged.

(b) Paragraph (a) does not prohibit a reimbursement under s. 94.681 (3s) (b) 2. , Stats., other than a reimbursement of amounts deposited to the environmental fund under s. 94.681 (7) , Stats., provided that the reimbursement under s. 94.681 (3s) (b) 2. , Stats., is made in the form of a credit against amounts owed under this section in the next license year.

Cr. Register, May, 1998, No. 509 , eff. 6-1-98; am. (3) (intro.), Register, May, 2000, No. 533 , eff. 6-1-00; CR 01-021 : am. (3) (intro.) and (c), Register October 2001 No. 550 , eff. 11-1-01; CR 08-075 : am. (3), r. and recr. (8) Register April 2009 No. 640 , eff. 5-1-09; correction in (8) (b) made under s. 13.92 (4) (b) 7. , Stats., Register April 2009 No. 640 ; CR 12-003 : am. (2) (a) 1. to 3., (b) 1. to 3., (c) 1. to 3. Register May 2013 No. 689 , eff. 6-1-13; CR 14-047 : am. (3) (a) to (c) Register May 2015 No. 713 , eff. 6-1-15.