Wis. Admin. Code ATCP § ATCP 29.22

Current through November 25, 2024

Section 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 information in subs.

(1) to (9) in writing. The information may be provided to the customer electronically if the customer consents in writing to such notification prior to the application.

Note: Types of electronic communication include, but are not limited to, email and text.

(1) A telephone number at which the customer may contact the person.

(2) The first name, last name and license number of each individual who made or directly supervised the pesticide application.

(3) The crop, commodity or site to which the pesticide was applied.

(4) A specific description of the location of the pesticide application site. The description shall contain sufficient information and detail so that the location of the pesticide application site may be readily determined from the description.

(5) The month, day, year and approximate starting and ending time of the pesticide application.

(6) The brand name or product name or common chemical name, and the federal environmental protection agency registration number of each pesticide applied.

Note: Under federal worker protection rules, a commercial application business making a pesticide application for an "agricultural establishment" as defined under s. ATCP 29.60(3) must also provide that customer with the names of the pesticide active ingredients applied.

(7) At least one of the following:

(a) The concentration and total quantity of each pesticide applied.

(b) The amount of each pesticide applied per unit area and the total area treated.

(8) Post-application precautions which the pesticide label requires of the customer. This information shall be provided in time for the customer to take the required precautions.

Note: For example, pesticide labels might require customers to observe post-application precautions such as restricted entry intervals, preharvest intervals, grazing intervals and subsequent planting restrictions.

(9) A free copy of the pesticide label, or notice that the customer may request a free copy. The person shall provide a free copy to each customer who requests it.

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 29.22

Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 12-003: am. (intro), (4) Register May 2013 No. 689, eff. 6-1-13.

Applicators making certain types of pesticide applications must comply with additional notification requirements under subchs. IX and X. This section does not limit the applicator's responsibility under those subchapters. Under s. ATCP 29.55, businesses applying pesticides to residential structures must provide information to residents at the time of application. Under s. ATCP 29.56, a commercial application business making a landscape application for a customer must provide that customer with information at the time of application.