Section 94.704. Pesticides; licensing of individual commercial applicators.

 

(1)  No person may act as an individual commercial applicator without a license issued by the department under this section. A license expires on December 31 annually and is not transferable. A licensee shall carry the license on his or her person at all times when acting as an individual commercial applicator. No license is required of a private applicator who applies pesticides solely as a private applicator or only on an occasional or incidental basis as a commercial applicator.

(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 and surcharge required under sub. (3) . A 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.

(b) If the licensee is engaged in business as a sole proprietor, the licensee's business name and address if different than the licensee's personal name and address.

(c) If the licensee is employed by a commercial application business, the name and address of the employing commercial application business.

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

(3)  

(a) Except as provided in par. (b) or (bm) , a person applying for an annual license under this section shall pay the following license fee and surcharge:

1. A license fee of $40, except that the license fee is $30 for the license years that begin on January 1, 1999, January 1, 2000, January 1, 2001, and January 1, 2002.

2. An agricultural chemical cleanup surcharge of $11.20, unless the department establishes a different surcharge under s. 94.73 (15) .

(b) No license fee is required under par. (a) for a government employee or an employee of a public or private educational institution if the employee's activities as an individual commercial applicator fall within the scope of his or her employment by the governmental unit or educational institution.

(bm) No license fee is required under par. (a) for an individual who is eligible for the veterans fee waiver program under s. 45.44 .

(c)

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

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

(4)  No licensee under this section may use or direct the use of any pesticide unless the licensee is certified under s. 94.705 in the applicable use category.

1987 a. 27 ; 1993 a. 16 ; 1995 a. 27 ; 1997 a. 27 ; 1999 a. 9 ; 2007 a. 20 ; 2011 a. 209 ; 2013 a. 20 . Cross-reference: See also chs. ATCP 29 , 30 , and 31 and ss. ATCP 160.19 and 160.21 , Wis. adm. code.