Pesticide Regulations Pesticides come under regulatory scrutiny from the time of their inception in the laboratory to their ultimate use in the field. Multiple federal and state agencies are involved in controlling their production, transportation, sale, use, and disposal. There are few compounds that receive such extensive regulatory overview as pesticides. Wisconsin Pesticide Applicator Training Program

Why Regulations? Use one of these wrong and you can cut your thumb off. Many of us have used a table saw before. It is a tool used to cut wood. Use one of these incorrectly you can hurt yourself. Photo source: PowerPoint Clip Art

Why Regulations? Use one of these wrong and you can hurt yourself, but you can hurt others. Pesticides are a tool used to control or inhibit pests. Use one of these incorrectly and you can not only hurt yourself, but you can hurt others.

Why Regulations? Pesticides kill living organisms The reason for these regulations is because pesticides are designed to kill some living organism. Therefore, protections are put in place to safeguard us and our surrounding environment. Pesticides are marvelous tools, but when used carelessly or intentionally misused, dire consequences can result. As the worst of these, livestock, wildlife, pets, and even people have all died as a direct result of pesticide poisoning.

Prominent Laws WDATCP U.S. EPA It is not as important to memorize which of the governing bodies oversee pesticide usage as it is to know what one’s legal obligations are when using pesticides in Wisconsin. However, we should point out that the two prominent laws that are behind most of our pesticide regulations in use today is the Federal Insecticide, Fungicide and Rodenticide Act, or FIFRA, administered by the Environmental Protection Agency, and the state’s administrative rule, ATCP 29, administered by the Wisconsin Department of Agriculture, Trade and Consumer Protection, or DATCP.

Private Applicator Definition Private applicators must meet both criteria. Produce an agricultural commodity ● and Under the certification and training program, there are two types of pesticide applicators: private and commercial. You are a private applicator if you use pesticides for the purpose of producing an agricultural commodity, and the pesticide applications are made on land owned or rented by you or your employer. If you fit the definition of a private pesticide applicator, you only need to become certified if you purchase, mix, load, or apply restricted-use pesticides. Applications occur on land you own or operate ●

Private Applicator Categories Production of any agricultural commodity allowed under this category. Most of you obtain certification by passing an exam in the General Farming category. Passing the exam demonstrates to DATCP that you have met the knowledge requirements for using pesticides within that specific category. Private applicators producing any agricultural commodity may certify in the General Farming category.

Private Applicator Categories Fruit Crops and Greenhouse & Nursery can’t cross over to corn and soybean. However, those private applicators who are involved in the production of specialty crops have the option of getting certified in categories more appropriate to their production practices. However, if you are applying RUPs on corn and soybean or vegetable crops it is best to get the General Farm.

Private Applicator Categories If you apply soil fumigants, apply pesticides with your irrigation water, or you do aerial application you will require supplemental certification in either of these subcategories. Each category and subcategory has its own specific training manual and certification exam. Also, it would be a good idea to have a piolets license for that last one.

Certification Period Valid for 5 years ● Recertify by passing a revised exam. ● Certification is valid for 5 years, after which you must pass a new exam based on a revised training manual. You must carry this card with you whenever you purchase, use, or direct the use of restricted-use pesticides. Please be aware that DATCP is no longer sending out notification of expired certifications. Your expiry date can be found on your certification card.

Pesticide Use Restrictions Prohibited pesticides ● Limited-use pesticides. ● Special rules ● Certification is one method the EPA and DATCP uses to reduce the risks of pesticides. Other options are directed at specific pesticides or uses which warrant particular concern. For example, some pesticides are prohibited from use altogether, while others are limited to specific uses or sites. And some, such as atrazine, are regulated through special rules which impose use restrictions beyond those stated on the product labels.

Negligent Use Using a pesticide in a careless manner. ● Other provisions of Wisconsin law prohibit a person from:  Using a pesticide in a careless manner,

Negligent Use Using a pesticide in a careless manner. ● Using a pesticide for unlabeled purposes. ●  Using a pesticide for unlabeled purposes,

Negligent Use Using a pesticide in a careless manner. ● Using a pesticide for unlabeled purposes. ● Directing another person to use a pesticide against its label or law. ●  Directing another person to use a pesticide contrary to its label or law, and

Negligent Use Using a pesticide in a careless manner. ● Using a pesticide for unlabeled purposes. ● Directing another person to use a pesticide against its label or law. ● And finally, operating equipment that is leaking or cannot be calibrated. Operating equipment that is leaking or cannot be calibrated. ●

ATCP 29 Warning Sign Post this sign when: Label requires posting AND ● AND You may encounter situations where you will need to post an ATCP 29 warning sign to protect the general public when both of the following conditions exist:  The label requires posting or is a dual notice pesticide, and  The site borders within 300 feet of nonagricultural areas such as residences, schools, parks, or businesses, where people are likely to be present during the application or REI. Treated site borders within 300 feet of sensitive areas ●

Other Types of Warnings Soil fumigation ● Chemigation ● Bulk Grain Storage ● Pond Applications ● Some other types of warning signs that you may need to consider are in the cases of soil fumigation, chemigation, bulk grain storage and certain aquatic applications.

Other Types of Warnings In your manual there is a flow chart to work through to identify what sign is required for posting and where it should be posted.

Recordkeeping Keep records for 2 years when applying RUPs or other pesticides. Keep records for 3 years when applying atrazine products. ● ● Keeping a record of all of your pesticide applications is good business sense. However, you must keep specific records whenever applying restricted-use pesticides. Because there are slight differences in recordkeeping requirements when applying atrazine, soil fumigants, and other restricted-use pesticides, we have provided a universal recordkeeping form as an appendix in your training manual. It could be pointed out that this is one of the most common violations reported by DATCP. One of the largest violations DATCP finds is that records are not kept correctly, that information is often missing.

Recordkeeping – What You Need First and last name ● The following is what has to be kept for pesticide records. First and last name of applicator.

Recordkeeping – What You Need First and last name ● Crop or site ● The crop, commodity or site that the RUP was applied on.

Recordkeeping – What You Need First and last name ● Crop or site ● Description of site ● A specific description of the location of the pesticide application site. The description shall contain sufficient information and detail so that the location of the pesticide application site may be readily determined.

Recordkeeping – What You Need First and last name ● Crop or site ● Description of site ● Date, start and end time ● The month, day, year, and approximate starting and ending time of the pesticide application.

Recordkeeping – What You Need First and last name ● Crop or site ● Description of site ● Date, start and end time ● Product used and EPA Reg Number ● The brand name, product name, or common chemical name, and the federal environmental protection agency registration number, of each pesticide applied.

Recordkeeping – What You Need First and last name ● Crop or site ● Description of site ● Date, start and end time ● Product used and EPA Reg Number ● At least one of the following: ATCP 29.33(3)(g)1. 1. The concentration and total quantity of each pesticide applied. ATCP 29.33(3)(g)2. 2. The amount of pesticide product applied per unit area and the total area treated. One of the following: ● Concentration and total quantity Amount applied per unit area

Custom Applications Exchange of services – no limit Payment – 500 acre limit for no more than 3 different producers ● ● As a private applicator, you are allowed to make pesticide applications on someone else’s land in exchange for services or goods between producers. There is no limit to the number of acres you may treat as a custom applicator under this type of arrangement. However, if money is used as payment for a pesticide application service, then a private applicator is limited to a total of 500 acres for no more than 3 different producers in any calendar year. If you go beyond these allowed limits, you then must be certified, and licensed, as a commercial applicator, and your business also must be licensed.

Permits Strychnine and 1080 rodenticides Mammals (other than rats and mice) Birds Aquatic pests ● ● ● ● Besides becoming a certified applicator, you also will need to obtain special permits to apply certain rodenticides, controlling mammals – besides rats and mice –, any pesticide to control birds, and applications to aquatic sites, such as farm ponds. In the case of aquatic applications, you may even have to obtain certification in the commercial Aquatic category. Such requirements are covered in your training manual.

Conclusion EPA ATCP 29 DATCP FIFRA DOT DNR DEM USDA There are many federal and state agencies and regulations controlling the pesticides you use. Abiding by these regulations is sound pesticide management and safeguards against further restrictions or cancellations of pesticides or their uses. Throughout the remainder of this training, other legal obligations not covered here will be discussed pertinent to the topics being presented. DEM USDA

Pesticide Regulations Wisconsin Pesticide Applicator Training Program