Section 29.15. Dealers and distributors of restricted use pesticides.

 

(1)   License required. Except as provided under sub. (2) , no person may sell or distribute any restricted-use pesticide unless that person holds an annual license issued by the department under this section. A license expires on December 31 of each year and is not transferable to another person.

(2)   Exemptions. Subsection (1) does not apply to any of the following:

(a) An individual, employed by a license holder under sub. (1) , who sells or distributes restricted-use pesticides solely on behalf of the license holder and not on the individual's own behalf.

(b) A person licensed under s. ATCP 29.10 whose name appears on the pesticide label.

(c) A pesticide supplemental registrant who is identified on the pesticide label according to s. ATCP 29.10 (2) (c) .

(d) A person who applies all of the restricted-use pesticide which that person sells or distributes.

(3)   License application. A person applying for a license under sub. (1) shall apply on a form provided by the department. The application shall include all of the following:

(a) The applicant's correct name, mailing address, and street address. The application shall specify whether the applicant is an individual, corporation, or other business entity.

(b) Every other name under which the applicant does business.

(c) The mailing address and street address of each location from which the applicant sells or intends to sell any restricted-use pesticide. This includes any location at which the applicant regularly takes pesticide orders, but does not include a motorized vehicle from which the applicant takes orders by mobile telephone.

(d) The license fees and surcharges required under sub. (4) .

(e) Other information reasonably required by the department for the administration of this section.

(4)   License and Surcharges. A person applying for a license under sub. (1) shall pay the following annual license fee and surcharge for each business location under sub. (3) (c) , including any new location opened during the license year:

(a) A license fee of $60.

(b) An agricultural chemical cleanup surcharge of $22.40.

(5)   Additional locations. Before a person licensed under sub. (1) sells a restricted-use pesticide from any additional location not identified in that person's most recent annual license application under sub. (3) (c) , that person shall do both of the following:

(a) Provide the department with the mailing address and street address of that additional location.

(b) Pay the fee and surcharge required under sub. (4) for that additional location.

(6)   A ction on license application . The department shall grant or deny a license application under sub. (3) within 30 business days after the applicant files a complete application with the department.

(7)   Sales of restricted-use pesticides. A person required to be licensed under sub. (1) may sell or distribute a restricted-use pesticide only to one of the following:

(a) A pesticide dealer or distributor licensed under sub. (1) , or equivalent laws of another state, to sell or distribute restricted-use pesticides.

(b) A commercial application business licensed under s. ATCP 29.20 , or equivalent laws of another state, to use or direct the use of restricted-use pesticides.

(c) An individual commercial applicator licensed and certified under ss. ATCP 29.25 and 29.26 , or certified under equivalent laws of another state, to use or direct the use of that pesticide.

(d) A private applicator certified under s. ATCP 29.27 , or equivalent laws of another state, to use or direct the use of that pesticide.

(8)   Restricted-use pesticides; sales records. A person required to be licensed under sub. (1) shall keep legible records of all restricted-use pesticides which that person sells or distributes in this state. The person shall retain the records for at least 2 years, and shall make them available to the department for inspection and copying upon request. The person shall keep all of the following records related to each sale or distribution of a restricted-use pesticide:

(a) The pesticide brand name.

(b) The identity of the pesticide manufacturer or labeler.

(c) The pesticide registration number assigned by the federal environmental protection agency.

(d) The amount of the pesticide sold or distributed.

(e) The date of the sale or distribution.

(f) The first name, last name, and address of the purchaser or intended recipient and the commercial application business license number, restricted use dealer license number, and applicator license and certification number, if any, of the purchaser or intended recipient.

(g) The first name, last name, and address of the person to whom the seller delivered custody of the pesticide, if other than the purchaser or intended recipient.

(9)   Annual report. Not later than October 30 of each year, a person required to be licensed under sub. (1) shall report each of the following to the department on a report form provided by the department:

(a) The name and address of each person from whom that person received any pesticide during the preceding 12-month period ending September 30.

(b) The amount of each pesticide which that person sold to end users for use in Wisconsin during the preceding 12-month period ending September 30.

Cr. Register, May, 1998, No. 509 , eff. 6-1-98; am. (4) (b), Register, May, 2000, No. 533 , eff. 6-1-00; CR 01-021 : am. (4) (b), Register October 2001 No. 550 , eff. 11-1-01; CR 08-075 : am. (4) (b) Register April 2009 No. 640 , eff. 5-1-09; CR 12-003 : am. (4) (b), (8) (f), (g) Register May 2013 No. 689 , eff. 6-1-13; CR 14-047 : am. (4) (b) Register May 2015 No. 713 , eff. 6-1-15.

Note

See s. 94.685 , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 See s. ATCP 29.20 . Microsoft Windows NT 6.1.7601 Service Pack 1 Reports under sub. (9) must include all pesticides, not just restricted-use pesticides. Report forms may be obtained from the department at the following address: Department of Agriculture, Trade and Consumer Protection; Division of Agricultural Resource Management; P.O. Box 8911, Madison, WI 53708-8911. Microsoft Windows NT 6.1.7601 Service Pack 1