Section 94.703. Pesticides; licensing of commercial application businesses.

 

(1)  No commercial application business may operate in this state without a license issued by the department under this section. A natural person who operates a commercial application business as sole proprietor, and who is also an individual commercial applicator, shall be licensed under this section and s. 94.704 . A license issued under this section expires on December 31 annually and is not transferable.

(2)  An application for a license under this section shall be submitted on a form provided by the department and shall be accompanied by the license fee required under sub. (3) . The license application shall include all of the following information, which shall be promptly updated by the licensee in the event of any change during the license period:

(a) The complete name, mailing address and street address of the licensee, and the business name, if any, under which the licensee operates as a commercial application business. The application shall specify whether the applicant is a natural person, corporation or other legal entity.

(b) The street address of every business location from which the licensee operates as a commercial applicator for hire in this state or, if the business location has no street address, its legal description.

(c) If the licensee employs any person to use pesticides, or to direct the use of restricted-use pesticides, the complete name and license number under s. 94.704 of each person so employed.

(d) Any other information reasonably required by the department for the administration of this section.

(3)  

(a) A person applying for an annual license under this section shall pay the following annual license fee and surcharge for each business location that the person operates in this state, including each business location added during the license year:

1. A license fee of $70.

2. An agricultural chemical cleanup surcharge of $30.40, unless the department establishes a different surcharge under s. 94.73 (15) .

(b) For purposes of this subsection, a business location includes a site at which a licensee mixes or loads at least 1,500 pounds of active ingredient during a license year, excluding active ingredient that is applied at or immediately adjacent to the mixing or loading site. If a licensee mixes or loads a total of at least 1,500 pounds of active ingredient at 2 or more sites that are within 0.5 mile of each other, those sites shall be considered a single business location.

(c)

1. The department shall deposit the fees collected under par. (a) 1. in the agrichemical management fund.

2. The department shall deposit surcharges collected under par. (a) 2. in the agricultural chemical cleanup fund.

(4)  No commercial application business may apply any pesticide, or direct the application of any pesticide by its employee, unless the pesticide application is made by an individual commercial applicator licensed under s. 94.704 and certified under s. 94.705 in the applicable pesticide use category.

(5)  No licensee under this section may employ any natural person as an individual commercial applicator unless the employee is licensed under s. 94.704 .

1987 a. 27 ; 1993 a. 16 ; 1997 a. 27 ; 2007 a. 20 ; 2013 a. 20 . Cross-reference: See also chs. ATCP 29 , 30 , and 31 and ss. ATCP 160.19 and 160.21 , Wis. adm. code.