Section 29.41. Selling pesticides.

 

(1)   General. No person may do any of the following:

(a) Sell any pesticide that is not properly registered and labeled according to subch. II .

(b) Sell a pesticide if any part of the pesticide label is absent or illegible.

(c) Sell a pesticide in a manner inconsistent with the pesticide label.

(d) Sell a pesticide in a visibly broken, defective, or improperly sealed container.

(e) Sell a pesticide for a use which is not specifically identified on the pesticide label or, in the case of an additional registered use, on supplemental labeling which the seller receives from the pesticide manufacturer or registrant and provides to the purchaser at the time of sale.

(f) Make any false, deceptive, or misleading representation in connection with the sale or offer of a pesticide.

(g) Continue to sell any pesticide after its registration expires or is canceled, or after the department orders the pesticide removed from sale for any reason.

(2)   Retail sales.

(a) No person may sell, at retail, any substance with instructions for using that substance to formulate a pesticide unless that substance is registered as a pesticide under s. ATCP 29.05 .

(b) Pesticides bearing the precautionary signal words "POISON", "DANGER" or "WARNING", when displayed at retail, shall be protected from access by children. A retail display complies with this paragraph if any of the following applies:

1. The pesticides are kept at least 42 inches above the floor.

2. The pesticides are packaged in nonbreakable tamper-resistant containers.

(c) Pesticides displayed at retail shall be adequately separated from food, feed, and other products so they will not contaminate or be mistaken for those products.

(3)   Retail sales of landscape pesticides. No person may sell at retail, to any person other than a certified commercial applicator, any landscape pesticide as defined in s. ATCP 29.56 (1) (f) unless that person displays all of the following items at the point of sale and offers them to the buyer at no additional charge at the time of sale:

(a) Warning signs containing the information shown in ch. ATCP 29 Appendix F . Each warning sign shall be all of the following:

1. At least 4 inches by 5 inches in size.

2. Professionally printed in red lettering, on a white background, according to the format shown in ch. ATCP 29 Appendix F . A warning sign may contain supplementary information beyond that shown in ch. ATCP 29 Appendix F if the information is consistent with, and does not detract from, that shown in ch. ATCP 29 Appendix F .

3. Constructed so that it remains clearly legible for at least 72 hours after it is posted, despite reasonably foreseeable adverse weather conditions.

(b) Pesticide information sheets which are identical to that shown in ch. ATCP 29 Appendix G .

Cr. Register, May, 1998, No. 509 , eff. 6-1-98; corrections in (3) (a) (intro.), 2., (b) made under s. 13.92 (4) (b) 7. , Stats., Register May 2013 No. 689 .

Note

See also subch. IV related to pesticide dealers and distributors. Microsoft Windows NT 6.1.7601 Service Pack 1