Section 29.25. Individual commercial applicator; license.

 

(1)   License required. Except as provided under sub. (2) , no individual may do any of the following without an annual license from the department:

(a) Use or direct the use of any pesticide as an independent contractor for hire, or as an employee of an independent contractor for hire.

(b) Use or direct the use of a restricted-use pesticide.

(2)   Exemptions. No license is required under sub. (1) for any of the following:

(a) A health practitioner who uses or directs the use of a pesticide as part of a medical treatment which that practitioner is licensed to provide in this state.

(b) A veterinarian who uses or directs the use of a pesticide as part of a veterinary treatment which that veterinarian is licensed to provide in this state.

(c) A veterinary technician who uses a pesticide as part of a veterinary treatment which that technician is certified to provide under ch. 89 , Stats.

(d) A laboratory researcher who uses or directs the use of pesticides only in the laboratory as part of a bona fide laboratory research project.

(e) An individual who only uses or directs the use of germicides, sanitizers, or disinfectants.

(f) An employee of a pesticide application business licensed under s. ATCP 29.20 who applies pesticides only to property owned or controlled by that pesticide application business, and who applies no restricted-use pesticides.

(g) An individual who is currently registered as a trainee under s. ATCP 29.32 .

(h) An agricultural producer, except that an agricultural producer who does any of the following is not exempt:

1. Uses or directs the use of pesticides for a person who is not an agricultural producer.

2. Uses or directs the use of pesticides for another agricultural producer for a purpose other than the production of agricultural commodities, or for the purpose of producing pesticide-treated commercial seed or pesticide-treated commercial wood products.

3. For compensation other than the exchange of goods or services, uses or directs the use of pesticides for more than 3 other agricultural producers in any calendar year.

4. For compensation other than the exchange of goods or services, uses or directs the use of pesticides applied in any calendar year to a total of more than 500 acres of land which the agricultural producer does not own or control.

(3)   License conditions.

(a) A license under sub. (1) expires on December 31 annually and is not transferable between persons.

(b) An individual licensed under sub. (1) shall carry the license when engaged in any activity for which the license is required.

(c) The department may not issue a license under sub. (1) to an individual who is less than 16 years old.

(4)   License application. An applicant for a license under sub. (1) shall apply on a form provided by the department. An application shall include all of the following information, together with the fees required under sub. (5) :

(a) The applicant's complete name, mailing address, and street address.

(b) The applicant's business name and address if the individual is engaged in business as a sole proprietor.

(c) The name and address of the person, if any, who employs the applicant to use or direct the use of pesticides.

(d) Any other information which the department reasonably requires to administer this section.

(5)   F EES.

(a) Except as provided under par. (b) , an applicant for an annual license under sub. (1) shall pay the following annual license fee and surcharge:

1. A license fee of $40.

2. An agricultural chemical cleanup surcharge of $11.20.

(b) No fee or surcharge is required under par. (a) for an applicant who uses or directs the use of pesticides under sub. (1) only as a government employee or as an employee of a public or private educational institution.

(6)   Action on license application. The department shall grant or deny an application under sub. (4) within 30 business days after the department receives a complete application.

Cr. Register, May, 1998, No. 509 , eff. 6-1-98; am. (5) (a) 1. and 2., Register, May, 2000, No. 533 , eff. 6-1-00; CR 01-021 : am. (5) (a) 2., Register October 2001 No. 550 , eff. 11-1-01; CR 08-075 : am. (5) (a) 2. Register April 2009 No. 640 , eff. 5-1-09; CR 12-003 : am. (2) (b), (c) Register May 2013 No. 689 , eff. 6-1-13; CR 14-047 : am. (5) (a) 1., 2. Register May 2015 No. 713 , ef. 6-1-15; correction in (2) (c) made under s. 13.92 (4) (b) 7. , Stats., Register October 2015 No. 718 .

Note

See s. 94.704 , Stats. A license under this section entitles the license holder to engage only in those activities for which the license holder is also certified for competency under s. ATCP 29.26 . An individual who is the sole proprietor of a pesticide application business must be licensed under s. ATCP 29.20 and this section. Microsoft Windows NT 6.1.7601 Service Pack 1 A trainee registration under s. ATCP 29.32 expires 30 days after the trainee's employer files the registration with the department. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 1943 , 1999 Wis. Act 9 , added January 1, 2001 and January 1, 2002 to this requirement. Microsoft Windows NT 6.1.7601 Service Pack 1