2012 Pesticide Product Registration and Labeling
Prior to the distribution of any pesticide product for use or sale in Wisconsin, pesticide manufacturers and labelers must obtain a license from, and register their products with DATCP. Licensing of products offered for sale in Wisconsin creates a level playing field for the pesticide industry by ensuring products are properly registered by the U.S. Environmental Protection Agency (EPA) or are exempt from EPA registration. Annual license fees are based on the type of product and the amount of product estimated to be sold in Wisconsin during the current license year. These fees comprise the largest portion of the Agricultural Chemical Management (ACM) fund that supports the work of all of the department’s pesticide-related programs. The surcharges collected through this program fund the Agricultural Chemical Cleanup Program (ACCP).
The pesticide product registration and labeling program requires licensees to estimate sales for the current licensing year and pay a license fee based on the type of product and the estimated sales for that product. At the end of the licensing year, the licensee reconciles the estimated sales with the actual sales. Licensees who overpaid can apply the overpayment to the next year’s fees or request a refund. Licensees who underpaid are billed for the difference.
A searchable database for current Wisconsin-registered pesticide products is updated weekly and also includes minimum risk pesticides that are exempt from EPA registration under Section 25b of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).
Staff conducted approximately 100 inspections at pesticide sales locations throughout the state using federal (EPA) or state credentials. In the past staff conducted approximately 200 inspections per year, but now perform a more thorough inspection to better monitor compliance with registration and labeling requirements. Results of inspections conducted under EPA credentials are forwarded to the regional EPA office. The most common violation in the pesticide registration and labeling program is sale of unregistered products. The penalty for selling a pesticide not registered in Wisconsin is that the manufacturer and labeler must pay double the registration fee to register their product the first year. Issues related to EPA registration and labeling requirements may be referred to the regional EPA office.
Chart 1 indicates the annual licensing of companies and product registration activity in 2012. This information shows that in 2012 staff renewed or issued pesticide licenses to 1,284 manufacturers and labelers (a slight increase from 2011) and registered 12,174 pesticide products (a slight increase from 2011). Most products are registered for household, industrial, or non-household use with estimated sales under $25,000.
The program occasionally receives applications for new, first-time registrations of products after DATCP has already issued a license to the manufacturer/labeler. In 2012, the program began providing e-mail confirmation of completed first-time registrations to the applicants. The program also updated its application forms and instructions related to licensing procedures.
The program began moving toward requiring electronic submission of product labels in pdf format, via e-mail or CD. These labels are electronic versions of the labels that are affixed to pesticide containers. DATCP now uploads the labels to the online database for Wisconsin-registered pesticide products. To determine whether the container label is available for any given product, look for the “Click here to View Product Label” statement on the information screen for that product, an example of which can be seen on this page.
The program monitored the application for and subsequent withdrawal of a request to register an isoxaflutole-containing pesticide product that previously had not been registered in Wisconsin. DATCP had previously prepared an environmental impact statement for this product in the early 2000’s; the product had not been registered for sale/distribution in Wisconsin. The federal registration for the product currently does not include Wisconsin on the product label. At this time there are no isoxaflutole-containing pesticides registered for sale/distribution in Wisconsin or labeled for use in Wisconsin.
The program updated the inspection form for marketplace inspections conducted at Wisconsin retailers to allow for a more thorough inspection. Despite conducting fewer inspections than most previous years (112 inspections in 2012), products not registered with DATCP were still found at 17 of 112 (15%) retailers.
DATCP developed a handout clarifying labeling requirements for service containers, also called secondary containers, used by commercial for-hire pesticide applicators. A service container is a temporary container used to hold, store or transport a pesticide product or mixture that is in the possession of the applicator. It is not an application device or a mini-bulk container.
Direction for the Coming Year
Each licensee must submit labels for each of their products annually. In 2013, the program will require electronic labels from manufacturers and labelers. The program no longer accepts paper copies of labels.
The program continues to review the licensing system to find ways to make this process more efficient for the department and licensees, including preparation for conversion to a new technology system that will include on-line licensing and payment.
DATCP will provide outreach to pesticide producing establishments as a reminder of their roles in implementing EPA’s container rule regulations, which went into effect in 2011.
The program will continue to provide technical assistance to field inspectors as they inspect pesticide retailers and pesticide producing establishments.
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