Section 29.27. Private applicator certification.

 

(1)   C ERTIFICATION REQUIRED. No individual may use or direct the use of a restricted-use pesticide as an agricultural producer unless one of the following applies:

(a) The individual is certified as a private applicator under this section.

(b) The individual is certified as a commercial applicator under s. ATCP 29.26 in the appropriate certification category or categories, and is not engaged in any activity for which a commercial applicator license is required under s. ATCP 29.25 .

(c) The individual is licensed as a commercial applicator under s. ATCP 29.25 and certified under s. ATCP 29.26 in the appropriate certification category or categories.

(d) The individual is all of the following:

1. Certified as a pesticide mixer and loader under s. ATCP 29.28 .

2. Engaged only in mixing and loading pesticides for application by others.

3. Licensed under s. ATCP 29.25 if engaged in any activity for which a license is required.

(2)   S COPE OF PRIVATE APPLICATOR CERTIFICATION. The department may certify an individual agricultural producer to use or direct the use of restricted-use pesticides as a private applicator. Private applicator certification does not authorize an agricultural producer to engage in activities for which a commercial applicator license is required under s. ATCP 29.25 .

(3)   L ENGTH OF CERTIFICATION. A private applicator certification is valid for 5 years unless the department suspends or revokes the certification. The department may renew a private applicator certification for another 5 years if the private applicator again satisfies the requirements for certification.

(4)   S PECIAL APPLICATION METHODS; SUPPLEMENTARY CERTIFICATION. No private applicator may use aircraft, chemigation, or fumigation to apply restricted-use pesticides unless that private applicator is also certified under s. ATCP 29.29 to apply pesticides by that method.

(5)   C ERTIFICATION CARD.

(a) Within 30 business days after an individual agricultural producer satisfies the requirements for certification as a private applicator, the department shall issue a private applicator certification card to that individual. The card shall include all of the following:

1. The individual's name and certification number.

2. A statement that the individual is certified as a private applicator.

3. A statement indicating that the individual is certified under s. ATCP 29.29 to apply restricted-use pesticides as a private applicator by means of aerial application, chemigation, or fumigation, if that is the case.

4. The expiration date of the certification.

(b) A private applicator shall carry a current certification card when engaged in any activity for which certification is required under this section.

(c) The department may, upon request, replace a certification card that is lost, stolen, damaged, or destroyed. The card holder shall pay the replacement cost.

(6)   Certification standards. To be certified as a private applicator, an individual agricultural producer shall demonstrate practical knowledge and competency related to the general areas identified under s. ATCP 29.30 .

(7)   Certification procedure. To be certified as a private applicator, an individual agricultural producer shall do one of the following:

(a) Attend a training program provided by the University of Wisconsin-Extension, and score at least 50 percent on an open-book examination administered by the training provider. An individual who fails the open-book examination may be retested.

(b) Complete self-study training using materials provided by the University of Wisconsin-Extension, and score at least 70 percent on an open-book examination administered by the department or its designee. An individual who fails the open-book examination may be retested.

(8)   Applying for certification. An individual agricultural producer may contact the University of Wisconsin-Extension agent, in the county where the producer resides, to arrange for training and evaluation under sub. (7) .

(9)   Private applicators certified in other states. An individual agricultural producer who is currently certified as a private applicator in another state is automatically deemed to be certified as a private applicator in this state. The certification card issued by the other state serves as a certification card under sub. (5) , so that the producer need not obtain a certification card from the department.

Cr. Register, May, 1998, No. 509 , eff. 6-1-98.

Note

See certification requirements under s. ATCP 30.22 (2) for applicators using metam sodium. Microsoft Windows NT 6.1.7601 Service Pack 1 The University of Wisconsin-Extension may charge a fee to cover the cost of training. Microsoft Windows NT 6.1.7601 Service Pack 1