Wisconsin Administrative Code

ATCP 20.02 Seed evaluation and related terminology. (1) Except as otherwise provided in this chapter, agricultural seed evaluation methods and seed evaluation terminology used in agricultural seed labeling shall be consistent with applicable Rules for Seed Testing (October 1, 201…

ATCP 20.04 Seed labeling; general. (1) LABEL CONExcept as provided in subs. (3) to (5), every container or lot of agricultural seed that is sold, offered for sale, or exposed or distributed for sale in this state shall be labeled with all of the following: (a) The name and addres…

ATCP 20.06 Seed germination; labeling, analysis and standards. (1) LABEL INFORMATION. A seed label that is 4 required to include germination information under s. ATCP 20.04 (1) (j) shall state the following percentages for each declared kind and each declared variety of seed: (a)…

ATCP 20.08 Treated seed, inoculated seed, coated seed and combination products; labeling. (1) TREATED SEED. A container or lot of treated agricultural seed shall be labeled with all of the following, in addition to any other label information required under this chapter: (a) A co…

ATCP 20.10 Hybrid seed labeling. (1) SEED LABELED AS HYBRID SEED. If, in any container or lot of agricultural seed, at least 75 percent of the seeds of any kind or variety declared on the seed label are hybrid seeds, the label shall identify that kind or variety as hybrid seed. I…

ATCP 20.12 Flower seed in small containers; composition. The flower seed label information required under s. ATCP 20.04 (4) (a) shall include all of the following as applicable: (1) PLANTS GROWN FOR BLOOMS. Flower seed used to grow plants primarily for their blooms shall be label…

ATCP 20.14 Prohibited practices. No seed labeler or seller of agricultural seed may do any of the following: (1) Sell, offer for sale, or display or distribute for sale in this state any agricultural seed that is not labeled according to this chapter, or that is accompanied by an…

ATCP 20.16 Labeling variances. The department may grant a variance from a labeling requirement under this chapter if the department finds that the variance is consistent with the purposes of this chapter, is consistent with other state and federal law, and is necessary to avoid u…

ATCP 20.18 Seed labeler license. (1) REQUIREMENT. No person may act as a seed labeler unless that person holds a valid annual license from the department under s. 94.43, Stats. An annual license expires on December 31. A license is not transferable. ATCP 20.18 (2) LICENSE APPLICA…

ATCP 21.01 Definitions. As used in this chapter: (1) XAfricanized honeybeeY means any African honeybee, any hybrid of an African honeybee, or any hybrid of that hybrid. (2) XAmerican foulbroodY means Paenibacillus larvae and related pathogens. (2r) XAsian longhorned beetleY means…

ATCP 21.02 Pest surveys and inspections; information. The department may conduct surveys and inspections to detect and monitor pest infestations in this state, and to establish a data base for certification and pest control decisionmaking. The department may disseminate pest info…

ATCP 21.03 Pest quarantines and abatement orders. (1) PEST QUARANTINE ORDER. The department may issue a summary quarantine order if, in the department[s judgment, the order is necessary to prevent or control the spread of suspected pests. A quarantine order may prohibit the movem…

ATCP 21.04 Pests and biological control agents; permit to move or release. (1) PERMIT REQUIRED. Except as provided under sub. (2), no person may knowingly do any of the following without a permit from the department as required under s. 94.03, Stats.: (a) Import any pest or biolo…

ATCP 21.05 Inspection and certification services; fees. (1) SERVICES AVAILABLE. The department may inspect plants, plant products, bee colonies, and other materials at the request of any person, in order to certify that the materials are free of pest infestations or disease, or t…

ATCP 21.10 Spongy moth; import controls and quarantine. (1) TREES, UNPROCESSED FOREST PRODUCTS, AND SHRUBS FROM INFESTED AREAS. (a) Except as provided under sub. (3), no person may import into this state any trees, woody shrubs, cut Christmas trees, logs, pulpwood, slabwood, fire…

ATCP 21.13 Honeybees; import controls. (1) REPORTING IMPORT SHIPMENTS. (a) No person may ship live honeybees or used beekeeping equipment into this state without first reporting the import shipment to the department in writing. A single report may cover 2 or more import shipments…

ATCP 21.14 Potato rot nematode. (1) DEFINITIONS. In this section: (a) XAdjacent fieldY means any parcel of land contiguous to an infested field. (b) XCertified seed potatoesY means seed potatoes which have been inspected and certified by the college as having been produced under,…

ATCP 21.15 Potato late blight. (1) DEFINITIONS. In this section: (a) XCull pileY means a waste pile of harvested potatoes and includes seed cutting slivers and waste, storage remnants, and sweepings. (b) XLate blightY means the fungal disease Phytophthora infestans. (c) XVoluntee…

ATCP 21.16 Hemlock woolly adelgid; import controls and quarantine. (1) HEMLOCK MOVEMENT OR IMPORTS RESTRICTED FROM THE INFESTED AREA. (a) In this subsection, Xinfested areaY means all of the following: 1. The states of Alaska, California, Connecticut, Delaware, Georgia, Idaho, Ke…

ATCP 21.18 Asian longhorned beetle; import controls and quarantine. (1) IMPORTING OR MOVING REGULATED ITEMS FROM INFESTED AREAS; PROHIBITION. Except as provided in sub. (3), no person may do any of the following: (a) Import a regulated item under sub. (2) into this state if that …

ATCP 21.19 Phytophthora ramorum; import controls and quarantine. (1) IMPORTING OR MOVING REGULATED ITEMS FROM INFESTED AREAS; PROHIBITION. Except as provided in sub. (3), no person may do any of the following: (a) Import a regulated item under sub. (2) into this state if that ite…

ATCP 21.20 Treated firewood from certified sources. (1) FIREWOOD IN WISCONSIN STATE PARKS. For purposes of s. NR 45.045, firewood is from a source approved by the department if all of the following apply: (a) The firewood originates from a firewood dealer who is certified under s…

ATCP 21.22 Mountain Pine Beetle; import controls and quarantine. (1) DEFINITIONS. In this section: (a) XBarkY means all of the following: 1. The exterior bark of a tree. 2. Ingrown bark around knots in a tree. 3. Bark pockets occurring between a tree[s annual growth rings. 4. All…

ATCP 21.23 Elongate hemlock scale; import controls and quarantine. (1) DEFINITIONS. In this section: (a) XElongate hemlock scaleY means any living life stage of the invasive insect Fiorinia externa (Ferris), including adults, nymphs, crawlers, or eggs. (b) XInfested areaY means a…

ATCP 29.01 Definitions. In this chapter: (1) XAgricultural commodityY has the meaning given in s. 94.67 (2), Stats. (2) XAgricultural employerY has the meaning given in s. ATCP 29.60 (1). (3) XAgricultural establishmentY has the meaning given in s. ATCP 29.60 (3). (4) XAgricultur…

ATCP 29.02 Declaration of pests. The following organisms and viruses are declared to be pests when present under circumstances where they may be injurious to persons, property, or the environment: (1) Animals other than humans. (2) Plants, fungi, or their parts growing where not …

ATCP 29.05 Pesticide registration. No person may sell or distribute any pesticide unless that pesticide is one of the following: (1) Registered or permitted by the federal environmental protection agency under the federal act. (2) Specifically exempted from registration under the…

ATCP 29.06 Pesticide labeling. No person may sell or distribute any pesticide unless that pesticide is labeled in compliance with s. 94.676, Stats., and the federal act. The pesticide label shall include all of the following: (1) The federal pesticide registration number if the f…

ATCP 29.10 Pesticide manufacturers and labelers; license. (1) LICENSE 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 st…

ATCP 29.11 Pesticide manufacturers and labelers; fees. (1) DEFINITIONS. In this section: (a) XHousehold pesticideY means a pesticide that is any of the following: 1. A sanitizer. 2. A disinfectant. 3. A germicide. the chapter was last published. ATCP 29.11 WISCONSIN ADMINISTRATIV…

ATCP 29.12 Pesticide manufacturers and labelers; records and reports. (1) RECORDS. A person required to be licensed under s. ATCP 29.10 shall legibly record all of the following information and keep each record for at least 2 years: (a) The names and addresses of persons from who…

ATCP 29.15 Dealers and distributors of restricted use pesticides. (1) LICENSE REQUIRED. Except as provided under sub. (2), no person may sell or distribute any restricted-use pesticide unless that person holds an annual license issued by the department under this section. A licen…

ATCP 29.16 Pesticide sales records. A person who sells or distributes pesticides shall record the amounts and brand names of pesticides which that person sells or distributes. The person shall retain the records for at least 2 years, and shall make them available to the departmen…

ATCP 29.20 Commercial application business; license. (1) LICENSE REQUIRED. Except as provided under sub. (2), no person may do any of the following, either directly or through an employee, without an annual license from the department: (a) Use or direct the use of any pesticide a…

ATCP 29.21 Commercial application business; records. (1) RECORD OF PESTICIDE APPLICATIONS. A person required to be licensed under s. ATCP 29.20 shall keep a legible record of each pesticide application which that person makes directly or through an employee. The person shall keep…

ATCP 29.22 Commercial application business; information to customers. Within 30 days after making a pesticide application for a customer, either directly or through an employee, a person required to be licensed under s. ATCP 29.20 shall provide that customer with all of the infor…

ATCP 29.25 Individual commercial applicator; license. (1) LICENSE REQUIRED. Except as provided under sub. (2), no individual may do any of the following without an annual license from the department: (a) Use or direct the use of any pesticide as an independent contractor for hire…

ATCP 29.26 Individual commercial applicator; certification. (1) CERTIFICATION REQUIRED. No individual may engage in any activity for which a license is required under s. ATCP 29.25 unless one of the following applies: (a) The individual is certified under this section to engage i…

ATCP 29.27 Private applicator certification. (1) CERTIFICATION 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 secti…

ATCP 29.28 Pesticide mixers and loaders; certification. (1) SCOPE OF CERTIFICATION. The department may certify an individual to mix or load pesticides for application by others. An individual certified under this section may mix and load pesticides for application by others in al…

ATCP 29.29 Special application methods; supplementary certification. (1) AERIAL APPLICATOR; SUPPLEMENTARY CERTIFICATION. The department may certify an individual to use aircraft to make pesticide applications for which that individual is certified as a commercial or private appli…

ATCP 29.30 General certification standards. In order to be certified under s. ATCP 29.26, 29.27 or 29.28, an individual shall do all of the following: (1) PESTICIDE LABELS. Demonstrate all of the following: (a) Knowledge related to the general format and terminology used on pesti…

ATCP 29.31 Commercial applicators; certification categories. The department may certify an individual as a commercial applicator, under s. ATCP 29.26, in any of the following categories: (1) FIELD AND VEGETABLE CROP PEST CONTROL. (a) Category description. This category includes i…

ATCP 29.32 Trainee registration. (1) GENERAL. An employer licensed under s. ATCP 29.20 may register an employee as a trainee if that employer is training that employee for licensing under s. ATCP 29.25 and certification under s. ATCP 29.26 or 29.28. A registered trainee may, with…

ATCP 29.33 Applicator records. (1) INDIVIDUAL COMMERCIAL APPLICATORS. An individual who is required to be licensed as a commercial applicator under s. ATCP 29.25 shall make a record of each pesticide application for which that license is required. The individual shall make the re…

ATCP 29.40 Storing and transporting pesticides. (1) REQUIREMENTS. Persons storing or transporting pesticides shall do all of the following: (a) Store and transport pesticides according to label directions, in a manner that avoids reasonably foreseeable and reasonably preventable …

ATCP 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 …

ATCP 29.45 Pesticide mixing and loading; spill containment. (1) SPILL CONTAINMENT REQUIRED. Except as provided under sub. (2), no person may mix or load a pesticide at any of the following sites unless the mixing or loading operation is conducted over a spill containment surface …

ATCP 29.46 Mixing or loading near surface waters. (1) PROHIBITIONS. Except as provided under sub. (2), no person may do any of the following: (a) Immerse any pesticide application equipment, mix tank, or nurse tank in the waters of the state. (b) Fill any pesticide application eq…

ATCP 29.47 Disposal of pesticides and pesticide containers. (1) GENERAL. No person may dispose of any pesticide or pesticide container, or hold any pesticide or pesticide container for disposal, in a manner that is inconsistent with label the chapter was last published. ATCP 29.4…