Section 29.10. Pesticide manufacturers and labelers; license.

 

(1)   L ICENSE REQUIRED. Except as provided under sub. (2) , no person may manufacture, formulate, package, label, or produce any pesticide for sale or distribution in this state, or sell or distribute any pesticide in this state, without an annual license from the department. A license expires on December 31 of each year and is not transferable.

(2)   Exemptions. The following persons are not required to obtain a license under sub. (1) :

(a) An individual, employed by a license holder under sub. (1) , who engages in activities under sub. (1) solely on behalf of the license holder and not on the individual's own behalf.

(b) A person engaged in the following activities:

1. Selling or distributing a pesticide product in a sealed and unopened container which a person licensed under sub. (1) has packaged and labeled according to s. ATCP 29.06 .

2. Selling a pesticide or active ingredient to a pesticide manufacturer licensed under sub. (1) , for use as a basic ingredient in the manufacture or formulation of another pesticide, or for further processing, packaging, or labeling.

3. Blending a pesticide mixture or pesticide-fertilizer mixture at a customer's request, according to the pesticide label, for use on property which the customer owns or controls. This exemption does not apply if the mixture is resold or redistributed to any other person, or for use on any other property.

4. Blending a pesticide mixture or pesticide-fertilizer mixture according to the pesticide label, for application by the blender, provided that the blender is licensed under s. ATCP 29.20 or exempted under s. ATCP 29.20 (2) .

5. Applying a pesticide mixture or pesticide-fertilizer mixture that the person has blended according to the pesticide label, provided that the person is licensed under s. ATCP 29.20 or exempted under s. ATCP 29.20 (2) .

6. The repackaging of a bulk pesticide.

(c) A supplemental registrant identified on a pesticide product label if both of the following apply:

1. The product label also bears the name and address of a manufacturer or registrant licensed under sub. (1) .

2. The name of the supplemental registrant is qualified by appropriate wording such as "Packed for...," "Distributed by...", or "Sold by..." to show that the name of the supplemental registrant is not that of a licensed manufacturer or registrant.

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

(a) The applicant's name and address as they appear on pesticide labels. If the applicant has more than one name or address appearing on pesticide labels, the applicant shall include all of those names and addresses in the license application.

(b) All fees and surcharges required under s. ATCP 29.11 .

(c) A report that does both of the following:

1. Identifies each pesticide product that the applicant sells or distributes.

2. States the gross revenue which the applicant derived from the sale or distribution of each pesticide product, for use in this state, during the preceding year as defined under s. ATCP 29.11 (1) (d) . The department may not disclose sales revenue information obtained under this subdivision.

(4)   Supplementary information. At least 15 days before a license holder under sub. (1) begins selling or distributing any additional pesticide product that was not identified in the license holder's most recent annual license application, the license holder shall file a supplementary report and pay fees and surcharges for that pesticide product according to sub. (3) . The department may not disclose sales revenue information obtained under this subsection.

(5)   Action on license application; time limit. The department shall grant or deny a license application under sub. (3) within 20 business days after the applicant files a complete application with the department.

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

Note

See s. 94.68 , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1