Consumer Law at Your Fingertips

Pesticides

Pesticide Product Restrictions

Label Restrictions; General

• Pesticides must be registered with the U.S. Environmental Protection Agency (EPA). EPA registers pesticides and pesticide labels for specific uses. The pesticide manufacturer must provide safety, environmental and other data to support the registration. EPA may reject a registration request, or impose label restrictions.
• Pesticide labeling must conform to the EPA registration. Federal and state law prohibit sale or use inconsistent with label directions. Pesticides may not be sold or used for unlabeled purposes.

Restricted-Use Pesticides

EPA registers some pesticides as “restricted-use” pesticides. These pesticides may only be used by certified applicators. The Wisconsin Department of Agriculture, Trade and Consumer Protection certifies applicators.

Prohibited Pesticides

The following pesticides are specifically prohibited in Wisconsin, except under a DATCP permit (see Wisconsin Administrative Code section ATCP 30.05):

• DDT (DDE or TDD)
• TDE (DDD)
• Endrin
• Cadmium
• Thallium sulfate
• Aldrin
• Chlordane
• Dieldrin
• Heptachlor
• 2,4,5-Trichlorophenoxyacetic acid (2,4,5-T)
• 2-(2,4,5-Trichlorophenoxy) propionic acid (silvex)
• Dinoseb
• Kelthane
• Ethyl parathion

DATCP may issue emergency or experimental use permits under Wisconsin administrative code sections ATCP 29.70 and 29.71, or Wisconsin Statutes section
94.709 (DDT to control epidemic disease).

Pesticides Requiring Special Use Permit

No person may use any of the following pesticides in Wisconsin without a special permit from DATCP (see Wisconsin Administrative Code sections ATCP 30.10 and 30.19):

• Sodium fluoroacetate (1080)
• Strychnine
• Pesticides used to control insects or rodents in public sewers, unless applied by a certified commercial applicator.
• Pesticides (except napthalene) used to control bats.

Pesticides Allowed Only For Certain Purposes

The following pesticides may not be used in Wisconsin, except for the limited purposes specified in Wisconsin Administrative Code sections ATCP 30.15, 30.19 and 30.22:

• Chromium.
• Lindane.
• Mercury.
• Daminozide.
• Metam sodium soil fumigants (special use conditions also apply).

Pesticides in Groundwater; Use Restrictions

Atrazine

Atrazine is the most widely used agricultural herbicide in Wisconsin. It has been found in more than 7,500 wells throughout the state, with over 430 wells having levels above state enforcement standards adopted by the Wisconsin Department of Natural Resources.
The Department of Agriculture, Trade and Consumer Protection (DATCP) has restricted atrazine use to protect groundwater. The DATCP rules (Wisconsin Administrative Code chapter ATCP 30, subchapter VIII) have reduced atrazine contamination levels. The current rules:

• Prohibit atrazine use on approximately 1.2 million acres.
• Set maximum statewide use rates at about half the rates allowed under the federal label.

Aldicarb

DATCP rules also restrict the use of aldicarb, a potato herbicide, to protect groundwater. Current rules (ATCP 30, subch. VII):

• Restrict application rates.
• Require certified applicators.
• Require applicators to report intended applications.
• Prohibit applications in susceptible areas.
• Require groundwater monitoring.