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 list their products with, DATCP. Listing 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. This fund supports the work of all of the Department’s pesticide-related programs. The surcharges collected through this program also help to 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 of 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 estimated 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).
Chart 1 indicates the annual licensing of companies and product registration activity in 2014. This information shows that in 2014 staff renewed or issued pesticide licenses to 1,259 manufacturers and labelers (a slight decrease from 2013) and listed 12,617 pesticide products (a slight increase from 2013). Most products are listed 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 2014, the program continued providing e-mail confirmation of completed first-time registrations to the applicants. Application forms and instructions related to licensing procedures are available online.
The program requires 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 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.
Marketplace (e.g. retail sales locations) inspections were conducted using either federal (EPA) or state credentials. DATCP conducted approximately 13 percent more (233 in 2014) than in the previous year (204 in 2013). The most common violation in the pesticide registration and labeling program is the 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. This year, these inspections discovered 25 products that were not registered with DATCP. Program staff issued holding orders on these products and followed up with the registrants to get the products properly registered. Once the products were registered with DATCP, the holding orders were lifted. Results of the 15 inspections conducted under EPA credentials were forwarded to the regional EPA office.
Direction for the Coming Year
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 online licensing and payment. The Department will work with registrants to develop a system that meets both industry’s and DATCP’s needs.
The program also will continue to provide technical assistance to field inspectors as they inspect pesticide retailers and pesticide producing establishments
For more information about any of the bureau programs you may email the department.