Section 29.72. Special local needs registrations.

 

(1)   A UTHORITY. The department may register either of the following if the registration is necessary to meet a special local need in the state:

(a) A pesticide product which is not registered under the federal act. The registration shall specify the uses for which the pesticide product is registered.

(b) A new use for a pesticide product that is currently registered under par. (a) .

(2)   E FFECT OF REGISTRATION. Registration under sub. (1) has the same effect in this state as registration under the federal act unless the federal environmental protection agency disapproves the registration.

(3)   R EGISTRATION STANDARDS. The department may register a pesticide product or use under sub. (1) if the department finds all of the following:

(a) Registration is necessary to meet a special local need in this state. A special local need is a current or imminent pest problem in this state that cannot be adequately controlled by the use of any available federally registered pesticide product. The department may find that a pest problem existing on a nationwide or multi-state regional basis is not a special local need.

(b) There are insufficient alternative pesticides or pest control methods to meet the special local need.

(c) The pesticide product is effective, for the uses registered under sub. (1) , when used according to label directions. The department's finding under this paragraph does not constitute a warranty by the department.

(d) The pesticide label complies with this chapter and the federal act, and warrants that the product is effective for the uses registered under sub. (1) .

(e) The pesticide product will not be distributed for further manufacturing, reformulation, or repackaging.

(f) The pesticide product, if registered for use on raw agricultural commodities, food, or feed, is covered by necessary residue tolerances, exemptions, and clearances under the federal act and the federal food, drug and cosmetic act as amended ( 21 USC 301 et seq.).

(g) The pesticide product, when used according to label directions for the purposes registered under sub. (1) , will not have unreasonable adverse effects on persons, property, or the environment.

(h) The federal environmental protection agency has not denied, disapproved, canceled, or suspended any registration of the pesticide product under the federal act. If the federal environmental protection agency has denied, disapproved, canceled, or suspended the registration of the product for any use, the department may not register any other use of that product without approval from the federal environmental protection agency.

(i) The pesticide product complies with all applicable packaging, coloration, and labeling provisions under this chapter, ss. 94.67 to 94.71 , Stats., and the federal act.

(j) The benefits derived from pesticide product uses registered under sub. (1) will exceed the adverse effects on persons, property, and the environment.

(k) The pesticide product is currently registered under the federal act, or is formulated from ingredients which are all found in other federally registered pesticide products.

(4)   Applying for registration. A person licensed under s. ATCP 29.10 may apply for a special local needs registration under sub. (1) . The application 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 name, address, and license number under s. ATCP 29.10 . If the applicant is not yet licensed under s. ATCP 29.10 , the applicant shall also submit a license application under that section.

(b) A fee of $250.

(c) A complete description of the special local need justifying the registration.

(d) The name of the pesticide product.

(e) The registration number of the pesticide product or, if the product is not currently registered under the federal act, the complete product formula.

(f) A copy of the proposed pesticide product label.

(g) Valid scientific evidence demonstrating that the product is effective for the proposed use.

(h) Evidence showing that alternative pesticides and pest control methods are not adequate to meet the special local need.

(i) A description and analysis of the benefits to be derived from the proposed pesticide use.

(j) A description and analysis of potential adverse effects to persons, property, and the environment which may result from the proposed pesticide use.

(k) Evidence demonstrating that the pesticide product will not have unreasonable adverse effects on persons, property, or the environment when used according to label directions.

(L) An analysis demonstrating that the benefits to be derived from the proposed pesticide use exceed the potential adverse effects.

(m) Other relevant information required by the department.

(5)   A CTION ON APPLICATION. The department shall grant or deny an application under sub. (4) within 180 business days after the department receives a complete application.

(6)   R EGISTRATION EXPIRES. A special local needs registration under sub. (1) expires on a date specified by the department in the registration. The expiration date shall be not more than 5 years after the date on which the department issues the registration.

(7)   R EGISTRATION RENEWAL OR AMENDMENT. A registrant under sub. (1) may apply to have that registration renewed or amended. The application shall comply with sub. (4) . The department shall act on the application as if it were an application for a new registration. If a registration is amended during a registration period, the amendment expires at the end of that registration period. A registration may be renewed for a period of up to 5 years.

(8)   Labeling. A pesticide product registered for one or more uses under sub. (1) shall be labeled in compliance with s. ATCP 29.06 . The product label shall also include all of the following:

(a) A statement indicating that the registration under sub. (1) applies only in Wisconsin.

(b) The registration number assigned by the department.

(c) The expiration date of state registration.

(d) Other labeling required by the department.

(9)   R EGISTRATION CONDITIONS. The department may restrict a registered use under sub. (1) to certified applicators, and may attach other conditions to the registration of a pesticide product or use under sub. (1) . The department shall restrict a use to certified applicators if any of the following apply:

(a) The pesticide product is similar in composition to a federally registered product for which similar uses are restricted to certified applicators. Pesticide products are similar in composition if they have the same active ingredients and are in the same toxicity category. Pesticide uses are similar if they have substantially equivalent purposes and the same precautionary labeling.

(b) The use would be restricted to certified applicators under the federal act.

(c) The restriction is justified in order to prevent unreasonable hazards to persons, property, or the environment.

(10)   S USPENSION OR REVOCATION. The department may summarily suspend or revoke a registration under sub. (1) if the department finds any of the following:

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

(b) Registration conditions have been violated.

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

(d) The special local need no longer exists.

(e) The registration is suspended or disapproved by the federal environmental protection agency.

Cr. Register, May, 1998, No. 509 , eff. 6-1-98; CR 12-003 : am. (4) (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 . Microsoft Windows NT 6.1.7601 Service Pack 1