Consumer Law at Your Fingertips

Pesticides

Pesticide Use

General

A person may not do any of the following (see Wisconsin Administrative Code chapter ATCP 29):

• Use pesticides:
  
  
  • In a negligent manner.
  • In a manner inconsistent with label directions.
  • In a manner that the user knows, or should know, will contaminate waters of the state.
    
    
• Cause pesticide overspray, or significant pesticide drift.
  
  
• Harvest pesticide-treated commodities before the labeled pre-harvest interval has expired.
  
  
• Cause pesticides to contaminate waters of the state. This does not apply to:
  
  
  • Incidental application of pesticides to temporary rain puddles on target application sites.
  • Unforeseeable pesticide leaching or runoff.
    
    
• Sell or use defective application equipment that cannot apply pesticides according to label directions.
  
  
• Directing an employee or agent to violate pesticide laws.
  

Advance Notice

Pesticide applicators must give advance notice of the following pesticide applications (see Wisconsin Administrative Code chapter ATCP 29):

• Applications of pesticides labeled “highly toxic to bees.” Applicators must give advance notice to nearby beekeepers who have requested notice.
  
  
• Aerial applications. The applicator must give notice to adjacent residents who have requested notice.
  
  
• Commercial applications to residential structures. Applicators must give preapplication notices to customers who request them. Applicators must also provide information to residents at the time of application, and must post warning signs if pesticide labels prohibit immediate re-entry.
  
  
• Commercial landscape (lawncare) applications. An individual may register with the Department of Agriculture, Trade and Consumer Protection to receive advance notice of commercial landscape applications to adjacent property.
  
  
• Applications affecting agricultural workers. Agricultural employers must notify workers of pesticide applications, or post warning signs, or both.
  

Warning Signs

Pesticide applicators must post warning signs for the following pesticide applications (see Wisconsin Administrative Code chapter ATCP 29):

• Certain pesticide applications affecting agricultural workers.
  
  
• Certain agricultural pesticide applications if the pesticide label prohibits immediate
  re-entry to the treated area.
  
  
• Non-agricultural pesticide applications if the pesticide label prohibits immediate reentry
  to the treated area.
  
  
• Chemigation applications near roads or other public areas.
  
  
• Commercial landscape (lawncare) applications.
  
  
• Applications to bulk stored seeds.

Aerial Applications

Aircraft must comply with, and be operated according to, FAA and Wisconsin DOT regulations. A person contracting for an aerial application must give advance notice to adjacent residents who have requested it. See Wisconsin Administrative Code section ATCP 29.53.

Chemigation

Persons applying pesticides through irrigation systems (“chemigation”) must comply with special rules to prevent groundwater contamination and other hazards (see Wisconsin Administrative Code section ATCP 29.54):

• Chemigation systems must meet specified standards.
  
  
• The system must be operated according to a written operating plan. The plan must effectively prevent backflow, overspray, drift and other hazards.
  
  
• Chemigation must be properly supervised.
  
  
• Warning signs must be posted for applications near roads or other public areas.

Commercial Applications to Residential Structures

Commercial applicators applying pesticides to residential structures must do all the following:

• Give pre-application notices to customers who request them.
  
  
• Provide information to residents at the time of application.
  
  
• Post warning signs if pesticide labels prohibit immediate re-entry.
  
  
• Provide follow-up information to customers.

See Wisconsin Administrative Code section ATCP 29.55. These requirements do not apply to applications of germicides, sanitizers or disinfectants.

Commercial Landscape Applications

Commercial applicators making landscape (lawncare) applications must do all the following (see Wisconsin Administrative Code chapter ATCP 29.56):

• Post warning signs around the application site.
  
  
• Provide advance notice to neighbors listed in a state registry, compiled each year by the Department of Agriculture, Trade and Consumer Protection (DATCP). Persons who wish to be listed must register by February 1 of each year.
  
  
• Provide follow-up information to customers who hire them.

Agricultural Worker Protection

Agricultural employers using pesticides must do all the following (see Wisconsin Administrative Code chapter ATCP 29, subchapter X):

• Post pesticide safety information.
  
  
• Provide pesticide safety training.
  
  
• Provide decontamination facilities, protective equipment and transportation to emergency medical care, as needed.
  
  
• Restrict worker access to application sites until re-entry intervals have expired.
  
  
• Orally warn workers of pesticide applications that may affect them, or post warning signs, or both. For some pesticides, both forms of warning are required.
  
  
• Take specific steps to protect the safety of employees who apply or handle pesticides.