Section ATCP 29.11 - Pesticide manufacturers and labelers; fees(1) DEFINITIONS. In this section:(a) "Household pesticide" means a pesticide that is any of the following: 4. An insect repellant that is applied to the human body or to clothing.5. A pesticide that is used exclusively for the treatment of household pets.6. A pesticide product that is labeled exclusively for household, lawn, or garden use if the product either is sold in ready-to-use form or is sold exclusively in container sizes of less than one gallon.7. A solid or liquid pesticide product that is used exclusively for the treatment of swimming pools, spas, or hot tubs.(b) "Industrial pesticide" means a pesticide that is not a household pesticide and that is one of the following: 1. Solely labeled for use on wood and contains pentachlorophenol, coal tar creosote, or inorganic arsenical wood preservatives.2. Labeled for use in controlling algae, fungi, bacteria, microscopic organisms, or mollusks in or on one or more of the following, and for no other use except a use described in par. (a) 6. or 7.:a. Textiles, paper, leather, plastic, vinyl, or other synthetic materials, metal or rubber.b. Paints, varnishes, other coating products, lubricants, or fuels.c. Commercial, construction, manufacturing, or industrial fluids, including adhesives, additives or pigments.d. Commercial, construction, manufacturing or industrial processes, equipment, devices, or containers, other than those used in the production or storage of human food or animal feed.e. Air washing, cooling, or heat transfer systems.g. Drinking water or waste water systems.(c) "Nonhousehold pesticide" means a pesticide that is not a household pesticide or an industrial pesticide.(e) "Primary producer" means a person who manufactures an active ingredient that is used to manufacture or produce a pesticide.(2) ANNUAL LICENSE FEE. An applicant for a license under s. ATCP 29.10 shall pay an annual license fee for each pesticide product that the applicant sells or distributes for use in this state during the license year. Except as provided in subs. (5) to (7), the fee for each pesticide product is $500.(3) NONHOUSEHOLD PESTICIDES; CLEANUP SURCHARGE. An applicant for a license under s. ATCP 29.10 shall pay an agricultural chemical cleanup surcharge for each nonhousehold pesticide product that the applicant sells or distributes. Except as provided in sub. (6) or (7), the amount of the surcharge is $30.(4) PRIMARY PRODUCERS; WELL COMPENSATION FEE. Except as provided under sub. (7), a primary producer applying for a license under s. ATCP 29.10 shall pay a well compensation fee of $150.(5) UNREPORTED PESTICIDE; INCREASED LICENSE FEE. If a person sells or distributes a pesticide product without having filed a report for that product under s. ATCP 29.10 (3) (c) or (4), the license fee for that product is twice the amount determined under sub. (2), except that if the pesticide product is exempt from federal registration under 40 CFR 152.25, the license fee for that product is $250.(6) DISCONTINUED PESTICIDE; FINAL LICENSE FEE AND CLEANUP SURCHARGE. A person who stops selling or distributing a pesticide product for use in this state shall do all of the following: (a) Notify the department by December 31 of the year in which the person stops selling or distributing the pesticide product.(c) By December 31 of the year in which the person stopped selling the pesticide product for use in this state, pay a final license fee of $500 for the pesticide product.(d) If the product is a nonhousehold pesticide, pay a final agricultural chemical cleanup surcharge of $30.(7) EXEMPT PESTICIDE PRODUCTS. Subsections (2) to (4) do not apply to pesticides that are exempt from federal registration under 40 CFR 152.25.(8) FEES AND SURCHARGES NONREFUNDABLE. (a) Except as provided in par. (b), the department may not refund a fee or surcharge under this section after the department issues a license under s. ATCP 29.10 to the person who paid the fee or surcharge, unless the fee or surcharge was not properly collected or charged.(b) Paragraph (a) does not prohibit a reimbursement under s. 94.681 (3s) (b) 2, Stats., other than a reimbursement of amounts deposited to the environmental fund under s. 94.681 (7), Stats., provided that the reimbursement under s. 94.681 (3s) (b) 2, Stats., is made in the form of a credit against amounts owed under this section in the next license year.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 29.11
Cr. Register, May, 1998, No. 509, eff. 6-1-98; am. (3) (intro.), Register, May, 2000, No. 533, eff. 6-1-00; CR 01-021: am. (3) (intro.) and (c), Register October 2001 No. 550, eff. 11-1-01; CR 08-075: am. (3), r. and recr. (8) Register April 2009 No. 640, eff. 5-1-09; correction in (8) (b) made under s. 13.92(4) (b) 7, Stats., Register April 2009 No. 640; CR 12-003: am. (2) (a) 1. to 3., (b) 1. to 3., (c) 1. to 3. Register May 2013 No. 689, eff. 6-1-13.Amended by, CR 14-047: am. (3) (a) to (c), Register May 2015 No. 713, eff.6/1/2015Amended by, CR 22-080: r. (1) (d), renum. (2) (intro.) to (2) and am., r. (2) (a) to (c), renum. (3) (intro.) to (3) and am., r. (3) (a) to (c), (3m), am. (5), r. (6) (b), am. (6) (c), (d) Register February 2024 No. 818, eff. 3/1/2024