Section ATCP 29.50 - Pesticide use; general(1) NEGLIGENT USE. No person may do any of the following:(a) Use or direct the use of a pesticide in a negligent manner, or in a manner inconsistent with the pesticide label.(b) Use or direct the use of a pesticide for a purpose for which the pesticide is not registered or labeled under subch. II.(2) OVERSPRAY AND DRIFT.(a) No person may use or direct the use of a pesticide in a manner that results in pesticide overspray or significant pesticide drift. This paragraph does not apply to mosquito control applications, made by or under the direction of a governmental entity for public health purposes, that use proper mosquito control application methods. Note: See definitions of "pesticide drift" and "pesticide overspray" under s. ATCP 29.01(29) and (30).
(b) The application of pesticide outside the target application site is presumed to be the result of pesticide drift unless there is evidence of pesticide overspray.(c) Pesticide drift is significant, under par. (a), if there is credible evidence that it has moved outside the target application site in any of the following amounts: 1. Amounts that cause actual harm to persons, property or the environment.2. Amounts that could potentially harm persons, property or the environment under any reasonably foreseeable circumstances, regardless of whether an actual exposure or harm has occurred.3. Amounts that are readily visible.(3) PREHARVEST INTERVAL. (a) No person may harvest an agricultural commodity from a pesticide application site during the preharvest interval specified for that commodity on the pesticide label.(b) No person controlling a pesticide application site may direct or permit an agricultural commodity to be harvested from that site in violation of par. (a). (4) CONTAMINATING WATERS OF THE STATE. (a) Except as provided under par. (b), no person may do either of the following:1. Cause a pesticide to enter the waters of the state, either directly or through a sewer system.2. Use a pesticide in any manner which the user knows or should know will result in contamination of the waters of the state.(b) Paragraph (a) does not apply to any of the following: 1. The use of germicides, sanitizers, disinfectants, algaecides or slimicides according to label directions.2. Fish management, mosquito abatement or other water applications made under the supervision or rules of the department of natural resources. Note: See ch. NR 107.
3. The application of pesticides according to label directions to control roots, insects or rodents in sewers.4. The incidental application of pesticides to temporary rain puddles on target application sites.5. Unforeseeable leaching or runoff of a pesticide applied according to label directions.(5) DEFECTIVE APPLICATION EQUIPMENT. (a) Except as provided under par. (b), no person may use, furnish, lease or sell pesticide application equipment that is clogged, unclean, leaking or in disrepair, or that cannot be properly calibrated to apply pesticides at the rate specified on the pesticide label.(b) Paragraph (a) does not prohibit the sale of pesticide application equipment that is clogged, unclean, leaking or in disrepair, or that cannot be properly calibrated, if the seller discloses those defective conditions to the buyer in writing prior to sale.(6) EMPLOYER OR CONTRACTOR. No person may direct, compel or coerce that person's employee or contract agent to do either of the following: (a) Violate ss. 94.67 to 94.71, Stats., or this chapter.(b) Use any pesticide in a manner which that person has reason to believe is likely to result in a violation of ss. 94.67 to 94.71, Stats., or this chapter.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 29.50
Cr. Register, May, 1998, No. 509, eff. 6-1-98.Nothing in this chapter limits the civil or criminal liability of an employer or contractor for the acts or omissions of an employee or contract agent if the employer or contractor may be held jointly liable with the employee or agent under this chapter or other applicable law.