Section 29.71. Experimental use permits.

 

(1)   Authorization. The department may issue an experimental use permit authorizing the sale, purchase, shipment, and use of a pesticide, other than DDT and its isomers and metabolites, for experimental purposes not otherwise permitted under ss. 94.67 through 94.71 , Stats., or this chapter. The department may not issue a permit for any purpose that is prohibited under the federal act. The department may issue a permit to any of the following persons:

(a) A person who needs the permit to acquire experimental data in this state in order to register a pesticide or pesticide use under the federal act or s. ATCP 29.72 .

(b) A person, other than a pesticide seller or a seller's promotional agent, who needs the permit to perform bona fide scientific research in this state.

(2)   Permit application. An application for an experimental use permit under sub. (1) shall be submitted by electronic means to the department unless advance approval to submit a paper application is granted by the department. The application shall include all of the following:

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

(b) The complete name and address of each person who will be shipping the pesticide, and the address from which each shipment will originate.

(c) The complete name and address of each person who will receive a pesticide shipment in this state.

(d) The complete name and address of each individual who will use or direct the use of the pesticide.

(e) The complete name and address of each person on whose property the pesticide will be used.

(f) A detailed description of the proposed experimental use, including all of the following:

1. The purpose of the experimental use.

2. The amount of pesticide to be used.

3. The target organisms against which the experimental use will be directed.

4. The type of plants, animals, or site to be treated.

5. The location, nature, and size of the site to be treated, and the nature of the surrounding environment.

6. The dates or time periods on or within which the pesticide will be used.

7. The methods by which the pesticide will be applied or used.

(g) The proposed schedule of pesticide shipments, including individual shipment dates and amounts.

(h) A detailed description of the pesticide, including all of the following:

1. The pesticide's chemical composition and formulation type, including the chemical name and percentage by weight of each active and inert ingredient.

2. Relevant chemical and physical properties of the pesticide.

3. Methods used to analyze the pesticide formulation and identify pesticide residues.

4. Available information on pesticide toxicity, including oral, dermal, and inhalation toxicity, lethal concentrations in the aquatic environment, chronic toxicity hazards, and symptoms of toxicity in persons, plants, and animals.

5. Available information on the rate of decline of pesticide residues in target and nontarget organisms, raw agricultural commodities, food, feed, and the environment.

6. Potential hazards to persons using the pesticide, and suggested precautions for use.

(i) A description of precautions that will be taken in connection with the experimental use to prevent hazards to persons, property, and the environment.

(j) Either of the following if the experimental use may cause pesticide residues to occur in raw agricultural commodities, food, or feed:

1. Proof that the proposed experimental use will not result in pesticide residues in excess of tolerances established under the federal act or the federal food, drug and cosmetic act, as amended ( 21 USC 301 et seq.), or that the pesticide's active and inert ingredients are exempted from the requirement of a residue tolerance in raw agricultural commodities, food, and feed.

2. Certification that no raw agricultural commodities, food, or feed involved in the experimental use will be consumed by humans or other animals, except laboratory or experimental animals not used for food or feed.

(k) A copy of any permit which the federal environmental protection agency has issued for the experimental use under the federal act.

(L) Proposed labeling for the experimental use pesticide.

(m) Other relevant information required by the department.

(3)   A CTION ON PERMIT APPLICATION. The department shall grant or deny a permit application under sub. (2) within 60 business days after the department receives a complete application.

(4)   I SSUING A PERMIT. The department may issue a permit under sub. (1) , based on a complete application under sub. (2) , if the department finds all of the following:

(a) The experimental use is one for which a permit may be issued under sub. (1) .

(b) The permit applicant qualifies under sub. (1) .

(c) The persons conducting the experimental use are qualified by training or experience to do so.

(d) The experimental use presents no significant hazard to persons, property, or the environment, and includes adequate controls and safeguards.

(5)   P ERMIT CONDITIONS. The department may impose conditions on permits issued under sub. (1) . Permit conditions may include limits on the amount of pesticide used, the method of use, the size and location of application sites, and the disposal of unused pesticides and pesticide containers.

(6)   P ERMIT EXPIRATION. A permit under sub. (1) expires on a date set by the department. The expiration date shall correspond to the expiration date set by the federal environmental protection agency on any corresponding federal permit. If no federal permit is required, the department shall set an expiration date which is no more than 2 years from the date on which the department issues the permit.

(7)   P ERMIT RENEWAL OR AMENDMENT. A person holding a permit under sub. (1) may apply to have that permit renewed or amended. The application shall comply with sub. (2) . The department shall act on the application as if it were an application for a new permit.

(8)   P ERMIT SUSPENSION OR REVOCATION. The department may summarily suspend or revoke an experimental use permit if the department finds any of the following:

(a) Information contained in the permit application is false or misleading.

(b) Permit conditions or limitations have been violated.

(c) The pesticide use poses an unreasonable risk to persons, property, or the environment.

(9)   P ESTICIDE LABELING . No person may ship or use a pesticide under an experimental use permit unless the pesticide is labeled with all of the following:

(a) The prominent statements " FOR EXPERIMENTAL USE ONLY" and "NOT FOR RESALE."

(b) The name, brand, or trademark of the pesticide.

(c) The name and address of the experimental use permit holder.

(d) The net contents of the pesticide container.

(e) A complete ingredient statement.

(f) Appropriate warning or cautionary statements.

(g) A restricted entry interval, if appropriate.

(h) Directions and conditions for use of the pesticide.

(i) Other labeling required by the department.

(10)   R EPORTS .

(a) The department may require the holder of an experimental use permit under sub. (1) to file periodic reports related to the shipment or use of pesticides under that permit. These may include reports related to any of the following:

1. The amounts of pesticide shipped and used.

2. Shipment and delivery dates and locations.

3. Dates and locations of pesticide use.

4. Experimental findings.

5. Disposal of unused pesticide and pesticide containers.

6. Disposal of treated agricultural commodities, food, or feed.

7. Other information related to the experimental use.

(b) A permit holder shall immediately report to the department any observed adverse effects of the experimental use on persons, property, or the environment.

(11)   E XEMPTIONS.

(a) The following entities may conduct preliminary screening tests under par. (b) without an experimental use permit under sub. (1) :

1. A state or federal agency.

2. An accredited college or university.

3. A pesticide registrant.

(b) The following tests are considered preliminary screening tests under par. (a) if they are solely designed to determine whether a substance has value as a pesticide for specific purposes:

1. Laboratory or greenhouse tests.

2. Field tests, other than field tests of microorganisms produced or modified by recombinant DNA techniques, conducted on test plots owned by the testing entity. No individual test plot may exceed 1/2 acre, nor may the combined area of all the test plots exceed 5 acres.

3. Tests for which the federal environmental protection agency issues an experimental use permit. The testing entity shall provide the department with a copy of the federal permit and shall notify the department of the test locations before conducting the tests.

(c) No raw agricultural commodities, food, or feed involved in a screening test under par. (b) may be consumed by humans or other animals, except laboratory or experimental animals which are used in the test and are not used for food or feed. The agricultural commodities, food, and feed shall be disposed of in a manner that minimizes exposure to human beings and the environment.

(d) The exemption under par. (a) does not apply to a pesticide or pesticide use which is specifically prohibited under this chapter, or for which a federal registration has been denied, suspended, or canceled.

Cr. Register, May, 1998, No. 509 , eff. 6-1-98; CR 12-003 : am. (2) (intro) Register May 2013 No. 689 , eff. 6-1-13.

Note

The department must prepare an environmental assessment on each permit issued under this subsection. See ch. ATCP 3 , Wis. Adm. Code. Microsoft Windows NT 6.1.7601 Service Pack 1