“Agricultural commodity” means any plant or part of a plant, animal or animal product produced by a person primarily for sale, consumption, propagation, or other use by humans or animals. “Agricultural commodity” includes industrial hemp. [ 94.67(2) ]
Bulk Pesticide: “Any liquid pesticide in a container larger than 55 gallons (208 liters) or dry pesticide in undivided quantities greater than 100 pounds (45 kilograms).” Bulk pesticides fall under the rules outlined in ATCP 33. [ ATCP 29.01(8m) ]
Certified: DATCP will certify an applicator when they determine that the applicator has met the pesticide applicator training knowledge requirements. They do this by passing a certification exam. Certification must be renewed every 5 years.
Commercial Applicator Types:
Commercial Applicator For-Hire
You are a commercial applicator for-hire if you apply or direct the use of pesticides for others on a contract basis and make those applications on property not owned by yourself or your employer. (Excepted from this definition is anyone who performs janitorial, cleaning, or sanitizing services if the person uses no pesticides other than sanitizers, disinfectants, and germicides.)
Commercial Applicator Not-for-Hire
You are a commercial applicator not-for-hire If you apply or direct the use of pesticides only to sites that your employer controls, and do not contract out your pesticide application services. (Excepted from this definition is anyone who applies only nonrestricted-use pesticides at their own home.)
Mixer-Loader
If you mix or load (or direct the mixing or loading of) pesticides, but do not apply them, you can be considered a mixer-loader. To determine whether you are for-hire or not-for-hire, use similar criteria to those used above for commercial applicators. For example, if you mix or load pesticides for a commercial application business that contracts out its services, you are a mixer-loader for-hire.
Temporary Commercial Applicator Trainee Registration
A noncertified and nonlicensed individual beginning employment for a commercial applicator business may register as a trainee with DATCP to apply pesticides on a temporary basis (maximum 30 days). A trainee registration allows an individual to use non-restricted-use pesticides during his/her “hands-on” training conducted by the individual’s employer in preparation for that individual to become a certified, licensed applicator.
DATCP: The Wisconsin Department of Agriculture, Trade and Consumer Protection. This is the regulatory agency that deals with among other things, pesticide use in Wisconsin.
Direct the Use: To “direct the use” of a pesticide means to select or control the use of a pesticide, where the selecting or controlling individual has supervisory authority over the person using the pesticide.
Dual Notice Agricultural Pesticide: Is an agricultural pesticide whose label requires agricultural employers to do both of the following: a) Post application sites with worker protection warning signs and b) Give workers oral notice of applications. [ ATCP 29.60(9) ] [ List of Dual Notice Pesticides ].
Licensed: A license from the DATCP authorizes a certified applicator to use pesticides. The license must be renewed annually. (You can compare certification to getting a driver’s license, and licensing to registering your vehicle: even with a driver’s license, you need to register your vehicle annually to be allowed to drive it.)
Landscape: Turf, ornamental and mulched areas, and areas being prepared for those purposes, that are located in or around residential premises, public or commercial facilities, parks, workplaces, care facilities, recreational areas and public lands. “Landscape” does not include utility or transportation right−of−way areas, greenhouses, nurseries, or areas used for agricultural production, forest production or commercial turf production. Applications to the above definition have to follow the landscape rules.
Private Applicator: A Private Applicator is an applicator who applies pesticides in order to produce an agricultural commodity AND does this on property they or their employer owns or rents.
Restricted-Use Pesticide (RUP): FIFRA directs the Environmental Protection Agency (EPA) to compare the benefits and risks of using a pesticide before the product can be sold in the United States; if the benefits outweigh the risks, the EPA will register the product for sale and use. However, if the EPA believes that the benefits of using a pesticide will outweigh the risks only when the pesticide is used by trained persons, it will classify the pesticide restricted-use. This classification must appear on the product label.
Use: Use of a pesticide includes the following activities: mixing, loading, or applying a pesticide; handling an open pesticide container (other than an empty container which has been triple rinsed or cleaned to label specifications); disposing of pesticide or pesticide rinsate; cleaning or rinsing an open pesticide container, pesticide application equipment, or a mix or nurse tank; and any other activities which the pesticide label requires of the mixer, loader, or applicator.
