Section 29.56. Landscape applications.

 

(1)   Definitions. In this section:

(a) "Division" means the agricultural resource management division of the department.

(b) "Cemetery grounds manager" means the person responsible for on-site management of cemetery grounds.

(c) "Golf course superintendent" means the person responsible for on-site management of a golf course.

(d) "Landscape" means turf, ornamental and mulched areas, and areas being prepared for those purposes, that are located in or around residential premises, public or commercial facilities, parks, workplaces, care facilities, recreational areas, and public lands. "Landscape" does not include utility or transportation right-of-way areas, greenhouses, nurseries, or areas used for agricultural production, forest production, or commercial turf production.

(e) "Landscape application" means the application of a pesticide to a landscape. "Landscape application" does not include any of the following:

1. Pesticide applications for any of the purposes identified in s. ATCP 29.31 (4) or (14) .

2. A perimeter barrier application.

3. Mosquito control applications made by a government entity for public health purposes.

4. Pesticide applications made by the department or its agent pursuant to s. 94.01 or 94.02 , Stats., or ch. ATCP 21 .

(f) "Landscape pesticide" means a pesticide that is labeled for use on a landscape.

(g) "Ornamental" has the meaning given in s. ATCP 29.01 (25) .

(h) "Restricted entry interval" has the meaning given in s. ATCP 29.01 (35) .

(i) "Treated landscape" means that portion of a landscape to which a pesticide is applied.

(2)   Information to customer. A person hired by a customer to make a landscape application shall provide that customer with all of the following in writing, or electronically if the customer consents in writing to electronic notification:

(a) An offer to provide pre-application information under par. (b) . The person shall make the offer before making the first landscape application for the customer, and shall repeat the offer at least annually if there is a continuing contract for more than one year.

(b) The following pre-application information, if requested:

1. The brand name, product name, or common chemical name of each pesticide that may be applied.

2. A copy of the pesticide label for each pesticide that may be applied.

3. The date on which the landscape application will be made. The person making the application may communicate the application date orally, rather than in writing, if the requester agrees to oral notification.

4. The name, business address, and telephone number of a person who can provide further information about the pesticide application.

(c) The information required under s. ATCP 29.22 . The person making the application shall provide this information to the customer when the application is completed.

(3)   W ARNING SIGNS POSTED.

(a) Except as provided under par. (c) , a person shall post warning signs at a landscape application site before making a landscape application to that site. Warning signs shall comply with subs. (4) and (5) .

(b) No person may remove a warning sign posted under par. (a) until sunset of the day following the landscape application, or until sunset of the day on which the restricted entry interval on the pesticide label expires, whichever is later. This paragraph does not require a person to remove warning signs.

(c) Paragraph (a) does not apply to any of the following:

1. An individual making a landscape application to residential premises occupied only by that individual's household.

2. Golf course applications that are exempt under sub. (9) .

3. Cemetery applications that are exempt under sub. (10) .

(4)   Warning signs; form and contents. Each warning sign under sub. (3) shall comply with all of the following:

(a) It shall be at least 4 inches by 5 inches, and shall be attached to a stable supporting device.

(b) It shall contain the information shown in ch. ATCP 29 Appendix B . The information shall be professionally printed with red lettering on a white background, according to the format shown in ch. ATCP 29 Appendix B , except that sign removal dates may be entered by hand. A warning sign may contain supplementary information beyond that shown in ch. ATCP 29 Appendix B if the information is consistent with, and does not detract from, that shown in ch. ATCP 29 Appendix B .

(c) It shall be constructed and posted so that it remains clearly legible for at least 72 hours after it is posted, despite reasonably foreseeable adverse weather conditions.

(5)   Warning signs; where posted. At least one of the warning signs required under sub. (3) shall be clearly visible from each point at which there is significant potential for human access to the treated area.

(6)   I NFORMATION PROVIDED UPON REQUEST.

(a) A person making a landscape application shall offer the following information to any person who requests information about that landscape application:

1. The complete name and address of the person making the landscape application.

2. The brand name, product name, or common chemical name of each pesticide applied, and the EPA registration number of that pesticide.

3. The concentration and total quantity of each pesticide applied, or the amount of each pesticide product applied per unit area and the total area treated.

4. The date and approximate time of application.

5. All post-application precautions stated on the pesticide label.

6. A copy of the pesticide label for each pesticide applied.

(b) If a requester asks for any of the information under par. (a) , the person making the landscape application shall promptly provide that information to the requester. The information may be provided orally or in writing except that a copy of the pesticide label, if requested, shall be provided in writing. The person making the landscape application may require the requester to pay reasonable copying and postage costs before providing a copy of a pesticide label if the requester is not the customer who contracted for the application.

(7)   R EGISTRY OF INDIVIDUALS REQUESTING ADVANCE NOTICE OF LANDSCAPE APPLICATIONS.

(a) The department shall compile an annual registry of individuals requesting advance notice of landscape applications to parcels of land identified in the registry. An annual registry takes effect on March 15 of each year, and expires on March 14 of the following year.

(b) An individual who registers under par. (c) may request advance notice of landscape applications, other than applications for which that individual has contracted, to any parcels on the block where that individual resides or on any blocks immediately adjacent to that block.

(c) An individual shall register with the department by February 1 of each year to be included in the registry that takes effect on March 15 of that year. An individual shall register on an electronic or paper form provided by the department. The registration form shall include all of the following information which shall be included in the registry under par. (a) :

1. The individual's complete name, street address, and mailing address if different from street address.

2. A telephone number where the individual may be contacted.

3. The street address of each parcel under par. (b) for which the individual requests advance notice of landscape applications.

4. Other information which the department reasonably requires to administer this section.

(d) The department shall provide a free copy of the annual registry under par. (a) to all of the following:

1. Each license holder under s. ATCP 29.20 that employs individuals licensed and certified under ss. ATCP 29.25 and 29.26 to make landscape applications. If a person is licensed under s. ATCP 29.20 by March 1, the department shall provide that person with a free copy of the registry by March 1.

2. Each individual, licensed and certified under ss. ATCP 29.25 and 29.26 to make landscape applications, who requests a copy of the registry.

(8)   A DVANCE NOTICE TO REGISTERED INDIVIDUALS.

(a) Before making any landscape application, a person required to be licensed under s. ATCP 29.20 shall give at least 12 hours advance notice to every individual who is currently registered to receive notice of that application under sub. (7) .

(b) A person may give advance notice under par. (a) by telephone, or may mail or deliver notice to the requester's address as listed in the registry. Notice, if given by mail, shall be postmarked at least 2 business days before the person makes the landscape application. A notice shall include all of the following:

1. The complete name, business address, and telephone number of the person making the application.

2. The address of the landscape to be treated.

3. The scheduled date of application.

4. The brand name, product name, or common chemical name of each pesticide that may be applied.

(c) If a landscape application date is changed after the person making the application gives notice under par. (a) , that person shall give a revised notice to each individual previously notified. The revised notice shall comply with par. (b) .

(9)   L ANDSCAPE APPLICATIONS TO GOLF COURSES.

(a) Subsection (3) does not apply to a golf course application of a pesticide whose label prescribes no restricted entry interval, provided that a permanent warning sign is conspicuously posted at each of the following locations:

1. At or near the place where golfers register to play the course.

2. At or near the first tee of every 9 holes.

3. At every point on the golf course boundary at which the non-golfing public is permitted to enter the golf course by means of a road, sidewalk, path, or other established thoroughfare.

(b) A permanent warning sign under par. (a) shall comply with all of the following requirements:

1. It shall be clearly legible at all times.

2. It shall be at least 12 inches by 12 inches.

3. It shall contain the following statement, in red letters not less than 1/2 inch high on a white background:

(c) If any person asks a golf course superintendent for information about pesticide applications to a golf course, the superintendent shall notify that person that the following information is available, and shall provide the information in writing upon request:

1. A general description of the types and amounts of pesticides commonly applied to the golf course.

2. An identification of pesticide applications made to the golf course within the last week prior to the request, including the common chemical or brand names of the pesticides applied and the areas to which those pesticides were applied.

3. A copy of the pesticide label related to each pesticide application under subd. 2. , if any. The superintendent may require the requester to pay reasonable copying and postage costs before providing the label.

(10)   L ANDSCAPE APPLICATIONS TO CEMETERIES.

(a) Subsection (3) does not apply to a cemetery application of a pesticide whose label prescribes no restricted entry interval, provided that a permanent warning sign is conspicuously posted at each established entrance to the cemetery.

(b) A permanent warning sign under par. (a) shall comply with all of the following requirements:

1. It shall be clearly legible at all times.

2. It shall be at least 12 inches by 12 inches.

3. It shall contain the following statement, in red letters not less than 1/2 inch high on a white background:

(c) If any person asks a cemetery grounds manager for information about pesticide applications to a cemetery, the grounds manager shall notify that person that the following information is available, and shall provide the information in writing upon request:

1. A general description of the types and amounts of pesticides commonly applied to the cemetery.

2. An identification of pesticide applications made to the cemetery within the last week prior to the request, including the common chemical or brand names of the pesticides applied and the areas to which those pesticides were applied.

3. A copy of the pesticide label related to any pesticide application under subd. 2. The grounds manager may require the requester to pay reasonable copying and postage costs before providing the label.

Cr. Register, May, 1998, No. 509 , eff. 6-1-98; CR 01-028 : am. (1) (e) 4., Register October 2001 No. 550 , eff. 11-1-01; CR 01-076 : am. (1) (e) 4., Register October 2002 No. 562 , eff. 11-1-02; CR 12-003 : am. (1) (e) 2., (2) (intro), (7) (c) (intro) Register May 2013 No. 689 , eff. 6-1-13; correction in (4) (b) made under s. 13.92 (4) (b) 7. , Stats., Register May 2013 No. 689 .

Note

See ch. ATCP 29 Appendix A for an example of a written or electronically transmitted notice under par. (a). Nothing in this section authorizes a commercial applicator to make a landscape application which the customer has not affirmatively authorized. Microsoft Windows NT 6.1.7601 Service Pack 1 For example, warning signs should be posted so as to be clearly visible from potential access points including roads, sidewalks, driveways, doorways, alleys, and adjacent yards unless a fence, wall, hedge, or similar feature effectively prevents human access to the treated area from that direction. Microsoft Windows NT 6.1.7601 Service Pack 1 This may be the name and address of the business entity that makes the application. Microsoft Windows NT 6.1.7601 Service Pack 1 The department will distribute registries by March 1. Microsoft Windows NT 6.1.7601 Service Pack 1 If a landlord contracts for landscape applications to a rental property, tenants on that property may register to receive advance notice of those applications. Microsoft Windows NT 6.1.7601 Service Pack 1 Individuals may obtain registration forms and submit registrations at the following website address: Microsoft Windows NT 6.1.7601 Service Pack 1http://datcp.wi.gov Microsoft Windows NT 6.1.7601 Service Pack 1 Forms may also be obtained by mailing a request to Landscape Registry Coordinator, DATCP, PO Box 8911, Madison, WI 53708-8911, or by calling [phone]. Microsoft Windows NT 6.1.7601 Service Pack 1 A registration complies with the filing deadline under par. (c) if the registration is postmarked, delivered to the department, or entered onto the department's website by February 1. The department may accept registrations filed after February 1 for inclusion in the March 15 registry, but is not required to do so. Microsoft Windows NT 6.1.7601 Service Pack 1 The department may compile supplementary registries for distribution after March 1. Microsoft Windows NT 6.1.7601 Service Pack 1 An applicator may voluntarily give notice to an individual who is included in a supplementary registry, but is not required to do so unless the individual has registered the same parcel in the primary registry under sub. (7). Microsoft Windows NT 6.1.7601 Service Pack 1 The name, address, and telephone number may be those of the business entity making the application. Microsoft Windows NT 6.1.7601 Service Pack 1 "PESTICIDES ARE PERIODICALLY APPLIED TO THIS GOLF COURSE. YOU MAY CONTACT THE GOLF COURSE SUPERINTENDENT FOR FURTHER INFORMATION." Microsoft Windows NT 6.1.7601 Service Pack 1 "PESTICIDES ARE PERIODICALLY APPLIED TO THIS
CEMETERY. YOU MAY CONTACT THE CEMETERY GROUNDS MANAGER FOR FURTHER INFORMATION." Microsoft Windows NT 6.1.7601 Service Pack 1