Section 94.681. Pesticide manufacturers and labelers: fees and surcharges.

 

(1)   Definitions. In this section:

(a) “Household pesticide" means a pesticide that is any of the following:

1. A sanitizer.

2. A disinfectant.

3. A germicide.

4. An insect repellant that is applied to the human body or to clothing.

5. A pesticide that is used exclusively for the treatment of household pets.

6. A pesticide product that is labeled exclusively for household, lawn or garden use if the product either is sold in ready-to-use form or is sold exclusively in container sizes of less than one gallon.

7. A solid or liquid pesticide product that is used exclusively for the treatment of swimming pools, spas or hot tubs.

(b) “Industrial pesticide" means a pesticide that is not a household pesticide and that is one of the following:

1. Solely labeled for use on wood and contains pentachlorophenol, coal tar creosote or inorganic arsenical wood preservatives.

2. Labeled for use in controlling algae, fungi, bacteria, other microscopic organisms or mollusks in or on one or more of the following and for no other use except for a use described in par. (a) 6. or 7. :

a. Textiles, paper, leather, plastic, vinyl or other synthetic materials, metal or rubber.

b. Paints, varnishes, other coating products, lubricants or fuels.

c. Commercial, construction, manufacturing or industrial fluids, including adhesives, additives and pigments.

d. Commercial, construction, manufacturing or industrial processes, equipment, devices or containers, other than those used in the production or storage of human food or animal feed.

e. Air washing, cooling or heat transfer systems.

f. Medical equipment.

g. Drinking water or wastewater systems.

(c) “Nonhousehold pesticide" means a pesticide that is not a household pesticide or an industrial pesticide.

(cm) “Payment period" means the 12 months ending on September 30 of the calendar year for which a license is sought under s. 94.68 .

(d) “Preceding year" means the 12 months ending on September 30 of the year immediately preceding the year for which a license is sought under s. 94.68 .

(e) “Primary producer" means a person who manufactures an active ingredient that is used to manufacture or produce a pesticide.

(2)   Annual license fee. An applicant for a license under s. 94.68 shall pay an annual license fee for each pesticide product that the applicant sells or distributes for use in this state. The amount of the fee is based on sales of pesticide products during the payment period. An applicant shall pay an estimated fee before the start of each license year as provided in sub. (3s) (a) and shall make a fee adjustment payment before the end of the license year if required under sub. (3s) (b) . Except as provided in sub. (5) or (6) , the fee for each pesticide product is as follows:

(a) For each household pesticide product:

1. If the applicant sells less than $25,000 of the product during the payment period for use in this state, $265.

2. If the applicant sells at least $25,000 but less than $75,000 of the product during the payment period for use in this state, $750.

3. If the applicant sells at least $75,000 of the product during the payment period for use in this state, $1,500.

(b) For each industrial pesticide product:

1. If the applicant sells less than $25,000 of the product during the payment period for use in this state, $315.

2. If the applicant sells at least $25,000 but less than $75,000 of the product during the payment period for use in this state, $860.

3. If the applicant sells at least $75,000 of that product during the payment period for use in this state, $3,060.

(c) For each nonhousehold pesticide product:

1. If the applicant sells less than $25,000 of that product during the payment period for use in this state, $320.

2. If the applicant sells at least $25,000 but less than $75,000 of the product during the payment period for use in this state, $890.

3. If the applicant sells at least $75,000 of the product during the payment period for use in this state, $3,060 plus 0.2 percent of the gross revenues from sales of the product during the payment period for use in this state.

(3)   Nonhousehold pesticides; cleanup surcharge. An applicant for a license under s. 94.68 shall pay an agricultural chemical cleanup surcharge for each nonhousehold pesticide product that the applicant sells or distributes for use in this state. The amount of the surcharge is based on sales of nonhousehold pesticide products during the payment period. An applicant shall pay an estimated surcharge before the start of each license year as provided in sub. (3s) (a) and shall make a surcharge adjustment payment before the end of the license year if required by sub. (3s) (b) . Except as provided in sub. (6) or under s. 94.73 (15) , the amount of the surcharge is as follows:

(a) If the applicant sells less than $25,000 of the product during the payment period for use in this state, $2.80.

(b) If the applicant sells at least $25,000 but less than $75,000 of that product during the payment period for use in this state, $96.

(c) If the applicant sells at least $75,000 of that product during the payment period for use in this state, an amount equal to 0.60 percent of gross revenues from sales of the product during the payment period for use in this state.

(3m)   Wood preservatives; cleanup surcharge. An applicant for a license under s. 94.68 shall pay an environmental cleanup surcharge for each pesticide product that is not a household pesticide and is solely labeled for use on wood and contains pentachlorophenol or coal tar creosote that the applicant sells or distributes in this state. The amount of the surcharge is based on sales of pesticide products that are not household pesticides and are solely labeled for use on wood and contain pentachlorophenol or coal tar creosote during the payment period. An applicant shall pay an estimated surcharge before the start of each license year as provided in sub. (3s) (a) and shall make a surcharge adjustment payment before the end of the license year if required by sub. (3s) (b) . Except as provided in sub. (6) , the amount of the surcharge is as follows:

(a) If the applicant sells less than $25,000 of the product during the payment period for use in this state, $5.

(b) If the applicant sells at least $25,000 but less than $75,000 of that product during the payment period for use in this state, $170.

(c) If the applicant sells at least $75,000 of that product during the payment period for use in this state, an amount equal to 1.1 percent of gross revenues from sales of the product during the payment period for use in this state.

(3s)   Payment of fees and surcharges.

(a) Before the start of a license year, an applicant shall estimate the gross revenues that the applicant will receive from sales of each pesticide product during the payment period that ends during the year for which a license is sought under s. 94.68 and shall pay the amounts under subs. (2) , (3) , and (3m) based on that estimate. At least 15 days before beginning to sell a new pesticide product in this state, a licensee shall estimate the gross revenues that the applicant will receive from sales of that pesticide product during the payment period in which the licensee begins to sell the pesticide product and shall pay the amounts under subs. (2) , (3) , and (3m) based on that estimate.

(b) Before the end of a license year, a licensee shall report to the department the gross revenues that the licensee received from sales of each pesticide product during the payment period that ended during the license year, as required under s. 94.68 (2) (a) 2. , and shall reconcile the estimated payment made under par. (a) with the amounts actually due under subs. (2) , (3) , and (3m) as follows:

1. If the amount due based on actual sales is greater than the amount paid based on estimated sales, the licensee shall pay the additional amount due.

2. If the amount due based on actual sales is less than the amount paid based on estimated sales, the licensee may request the department to reimburse the licensee for the amount of the overpayment.

3. If the amount due based on actual sales equals the amount paid based on estimated sales, no action is required.

(c)

1. Except as provided in subd. 2. , if a licensee's total payment due under par. (b) is more than 20 percent of the total amount paid under par. (a) , the licensee shall pay a penalty equal to 20 percent of the total amount due under par. (b) . The penalty under this subdivision is in addition to any late filing fee under s. 93.21 (5) .

2. Subdivision 1. does not apply to a licensee if the licensee's payments under par. (a) are based on estimates of gross revenues from sales for each pesticide product that equal at least 90 percent of the licensee's gross revenues from sales of the pesticide product during the preceding year.

(4)   Primary producers; well compensation fee. A primary producer applying for a license under s. 94.68 shall pay a well compensation fee of $150.

(5)   Unreported pesticide; increased license fee. If a person applying for or holding a license under s. 94.68 sells or distributes a pesticide product for use in this state without having filed a report for the product under s. 94.68 (2) (a) 2. or (3) , the license fee for that product is twice the amount determined under sub. (2) .

(6)   Discontinued pesticide; final license fee and cleanup surcharge.

(a) A person holding a license under s. 94.68 who stops selling or distributing a pesticide product for use in this state shall do all of the following:

1. Notify the department by December 31 of the year in which the person stops selling or distributing the pesticide product for use in this state.

2. By March 31 of the year following the year in which the person stopped selling or distributing the pesticide product for use in this state, file a report with the department showing the gross revenue that the person derived from the sale of the pesticide product for use in this state from October 1 of the year in which the person stopped selling or distributing the pesticide product to December 31 of the year in which the person stopped selling or distributing the pesticide product.

3. By March 31 of the year following the year in which the person stopped selling or distributing the pesticide product for use in this state, pay a final license fee for the pesticide product, calculated under sub. (2) based on the sales of the pesticide product during the period specified in subd. 2.

4. If the product is a nonhousehold pesticide, pay a final agricultural chemical cleanup surcharge calculated under sub. (3) based on sales of the product during the period specified in subd. 2.

5. If the product is a wood preservative to which sub. (3m) applies, pay a final environmental cleanup surcharge calculated under sub. (3m) based on sales of the product during the period specified in subd. 2.

(b) The department may not disclose information obtained under par. (a) 2.

(7)   Use of fees and surcharges.

(a) License fees. The department shall deposit all license fees collected under subs. (2) , (5) and (6) (a) 3. in the agrichemical management fund except as follows:

1. The department shall deposit an amount equal to $94 for each pesticide product for which an applicant pays a license fee in the environmental fund for environmental management.

2. The department shall deposit a hazardous household waste collection and disposal fee of $30 for each household pesticide product for which an applicant pays a license fee in the environmental fund for environmental management.

(b) Nonhousehold pesticides; cleanup surcharge. The department shall deposit the surcharges collected under subs. (3) and (6) (a) 4. in the agricultural chemical cleanup fund.

(bm) Wood preservatives; cleanups surcharge. The department shall deposit the surcharges collected under subs. (3m) and (6) (a) 5. in the environmental fund for environmental management.

(c) Well compensation fee. The department shall deposit the well compensation fees collected under sub. (4) in the environmental fund for environmental management.

(8)   Fees and surcharges nonrefundable. The department may not refund a fee or surcharge under this section after the department issues a license under s. 94.68 to the person who paid the fee or surcharge, unless the fee or surcharge was not properly charged or collected.

1989 a. 31 ; 1997 a. 27 ; 1999 a. 9 ; 2003 a. 33 ; 2007 a. 20 ; 2011 a. 263 ; 2013 a. 20 . Cross-reference: See also chs. ATCP 29 , 30 , and 31 and ss. ATCP 160.19 and 160.21 , Wis. adm. code.