Section 94.708. Pesticides; sale and use to control bats.

 

(1)   Definition. As used in this section, “bat control purposes" means for the purpose of killing, injuring, repelling or otherwise affecting the behavior of bats.

(2)   Sale prohibited. Except as provided under sub. (4) , no person may sell, hold for sale or distribute any pesticide except naphthalene for bat control purposes to a person in this state. No dealer may advertise in this state or recommend any pesticide for bat control purposes to a person in this state.

(3)   Use prohibited. Except as provided under sub. (4) , no person may use any pesticide except naphthalene for bat control purposes.

(4)   Exception. The department shall promulgate rules establishing standards for the sale, advertisement and use of pesticides for emergency bat control. The department may issue a permit authorizing the use of a pesticide in accordance with the rules that it promulgates only in the case of an individual bat colony after a determination that there exists an outbreak of rabies that threatens public health or another situation where the existence of a colony of bats threatens the health or welfare of any person. The department may not base its determination on an isolated individual instance of a rabid bat.

1983 a. 353 ; 1997 a. 27 . Cross-reference: See also chs. ATCP 29 , 30 , and 31 and ss. ATCP 160.19 and 160.21 , Wis. adm. code.