Section 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 in that activity as a commercial applicator.(b) The individual is certified as a pesticide mixer and loader under s. ATCP 29.28, and is solely engaged in mixing and loading pesticides for application by others. Note: According to s. 94.715(2) (dm), Stats., school boards must ensure that persons making pesticide applications to public school grounds are certified under s. 94.705, Stats.
(2) SCOPE OF CERTIFICATION. The department may certify an individual commercial applicator in one or more categories under s. ATCP 29.31. An individual certified in any category may do any of the following: (a) Use or direct the use of pesticides in that category.(b) Mix or load pesticides, for application by others, in all of the categories under s. ATCP 29.31.(3) LENGTH OF CERTIFICATION. (a) An individual commercial applicator certification is valid for 5 years unless the department suspends or revokes the certification.(b) The department may certify an individual commercial applicator in additional categories under s. ATCP 29.31 during that individual's 5-year certification period. The additional certifications are valid for the remainder of the 5-year period, and expire simultaneously at the end of that period.(c) The department may renew an individual commercial applicator certification for another 5 years if the individual again satisfies the requirements for certification.(4) SPECIAL APPLICATION METHODS; SUPPLEMENTARY CERTIFICATION. No individual commercial applicator may use aircraft, chemigation, or soil fumigation to apply pesticides in any category under s. ATCP 29.31 for which that individual is certified unless that individual is also certified under s. ATCP 29.29 to apply pesticides by that method. Note: See certification requirements under s. ATCP 30.22(2) for applicators using metam sodium.
(5) CERTIFICATION CARD. (a) Within 30 business days after an individual commercial applicator satisfies the requirements for certification under this section, the department shall issue a commercial applicator certification card to that individual. The card shall include all of the following: 1. The individual's name and certification number.2. A statement indicating the categories under s. ATCP 29.31 in which the individual is certified as a commercial applicator.3. A statement indicating that the individual is certified under s. ATCP 29.29 to apply pesticides by means of aerial application, chemigation, or soil fumigation, if that is the case.4. The expiration date of the certification.(b) An individual commercial applicator shall carry a current certification card when engaged in any activity for which certification is required under this section.(c) The department may, upon request, replace a certification card that is lost, stolen, damaged, or destroyed. The card holder shall pay the replacement cost.(6) CERTIFICATION STANDARDS. To be certified in any category under s. ATCP 29.31, an individual shall demonstrate practical knowledge and competency related to all of the following: (a) The general areas identified under s. ATCP 29.30.(b) Each category under s. ATCP 29.31 in which the individual seeks certification.(7) CERTIFICATION TEST. Except as provided under sub. (10), an individual shall demonstrate practical knowledge and competency in each category under sub. (6) by scoring at least 70 percent on a written, closed-book examination which the department administers for that category. The department may arrange with an equivalent agency in another state to administer the department's examination to individuals in that state, for purposes of certification in this state.(8) RETESTING APPLICANTS WHO FAIL TO PASS. An individual who fails an initial examination under sub. (7) may retake the examination not sooner than 24 hours later, on a regularly scheduled examination date. An individual who fails a second or subsequent examination may retake the examination not sooner than 30 days later, on a regularly scheduled examination date. An individual who fails 4 examinations in any category in any 6-month period may not retake the examination for at least 6 months following the date of the last failed examination.(9) APPLYING FOR CERTIFICATION. To apply for certification as a commercial applicator, an individual shall do all of the following: (a) Obtain certification training from the University of Wisconsin-Extension. Note: Training consists of a self-study manual and, for some certification categories, supplementary training sessions. Training may be obtained by contacting the University of Wisconsin-Extension at the following address: University of Wisconsin-Extension; Pesticide Applicator Training, Department of Agronomy; 1575 Linden Drive; Madison, WI 53706-1597, phone: (608) 262-7588. Online information on pesticide certification, training, and examination registration is available at http://pestexam.datcp.wi.gov.
(b) Schedule a certification examination date with the department. Note: Examination dates may be scheduled by contacting the department at the following address: Wisconsin Department of Agriculture, Trade and Consumer Protection; Division of Agricultural Resource Management, Pesticide Certification and Licensing; P. O. Box 8911; Madison, WI 53708-8911; Phone (608) 224-4548. Online examination registration is available at http://pestexam.datcp.wi.gov.
(c) Bring both of the following to the certification examination:1. The certification training materials received under par. (a). 2. A driver's license or other valid photo identification.(10) APPLICATORS CERTIFIED IN OTHER STATES. (a) The department may certify an individual commercial applicator without examination if the individual is currently certified as a commercial applicator in another state and if all of the following apply:1. The department determines that the other state has equivalent certification standards.2. The other state has certified the individual, in the same or equivalent pesticide use categories, based on a written closed-book examination passed within the last 5 years.3. The other state has never suspended or revoked its certification of that individual.4. The individual provides proof of certification by the other state and pays a certification fee of $75.(b) Certification under par. (a) expires on December 31 of the year in which it is issued. Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 29.26
Cr. Register, May, 1998, No. 509, eff. 6-1-98.Amended by, Cr. Register, Register May 2015 No. 713, eff.6/1/2015