94.67 Pesticides; definitions.
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/wi/chapter-94/94-67A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
94.67 Pesticides; definitions. In ss. 94.67 to 94.71 :
(1)“Active ingredient” means any ingredient which will:
(a)Prevent, destroy, repel or mitigate pests;
(b)Accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the product of the plants through physiological action;
(c)Cause the leaves or foliage to drop from a plant; or
(d)Artificially accelerate the drying of plant tissue.
(2)“Agricultural commodity” means any plant or part of a plant, animal, or animal product produced by a person primarily for sale, consumption, propagation, or other use by humans or animals. “Agricultural commodity” includes hemp.
(3)“Animal” means all vertebrate and invertebrate species, including but not limited to persons and other mammals, birds, fish and shellfish.
(3m)“Business location” means any place from which a commercial application business operates on a regular basis as a commercial applicator for hire, except that it does not include a motor vehicle that contains a mobile telephone unit which is used to take pesticide application orders.
(4)“Certified applicator” means a private applicator certified by the department to use restricted-use pesticides or a commercial applicator certified by the department to use or direct the use of pesticides under s. 94.705 .
(a)“Commercial application business” means a corporation, a limited liability company, a cooperative association, an unincorporated cooperative association, a partnership, a natural person doing business as a sole proprietor or other nongovernmental business entity that does either of the following:
1. Operates as a commercial applicator for hire.
2. Uses or directs the use of a restricted-use pesticide as a commercial applicator, either directly or through an employee.
(b)“Commercial application business” does not include a veterinary clinic that uses or directs the use of a pesticide if the pesticide is used or directed to be used only by a veterinarian or veterinary technician while lawfully practicing within the scope of his or her license or certificate.
(6)“Commercial applicator” means a person, whether or not a private applicator with respect to some uses, who uses or directs the use of any pesticide, either directly or through an employee, for any purpose or on any property other than as a private applicator. “Commercial applicator” does not include:
(a)A person who applies a pesticide, other than a restricted-use pesticide, solely for household purposes in and around the person’s residence.
(b)A person who contracts with a commercial applicator for hire to apply a pesticide for the person, if the person does not otherwise use or direct the use of a pesticide as a commercial applicator.
(c)A veterinarian or veterinary technician who uses or directs the use of a pesticide only while lawfully practicing within the scope of his or her license or certificate.
(7)“Commercial applicator for hire” means a commercial applicator who uses or directs the use of a pesticide as an independent contractor for hire, either directly or through an employee. “Commercial applicator for hire” does not include a provider of janitorial, cleaning or sanitizing services if the provider of the services uses no pesticides other than sanitizers, disinfectants and germicides, or a veterinarian or veterinary technician who uses a pesticide only while lawfully practicing within the scope of his or her license or certificate.
(8)“Dealer” means a person engaged in the sale of pesticides to consumers.
(9)“Defoliant” means any pesticide labeled, designed or intended for use in causing the leaves or foliage to drop from a plant with or without causing abscission.
(10)“Desiccant” means a pesticide labeled, designed or intended for use in artificially accelerating the drying of plant tissue.
(10m)“Directs the use” means to select a pesticide for use by another person or to instruct or control the application of a pesticide by another person and to be available if and when needed during that application. “Directs the use” may, but does not necessarily, mean to be physically present at the time and place a pesticide is being applied.
(11)“Distributor” means a person engaged in the sale of pesticides for resale and includes a person who sells at wholesale or retail.
(12)“Environment” includes water, air, land and all plants and persons and other animals living in or on the water, air or land and the interrelationships which exist among them.
(13)“Federal act” means the federal insecticide, fungicide, and rodenticide act, as amended ( 7 USC 136 et. seq.) and regulations issued under that act.
(14)“Fungus” means any non-chlorophyll-bearing plant of a lower order than mosses and liverworts (thallophyte), including but not limited to rusts, smuts, mildews, molds and yeasts except those on or in persons or other animals and those on or in processed food, beverages or pharmaceuticals.
(15c)“Hemp” has the meaning given in s. 94.55
(1).
(a)“Individual commercial applicator” means a natural person who does any of the following:
1. Personally uses or directs the use of any pesticide as a commercial applicator for hire, or as an employee of a commercial applicator for hire. This subdivision does not apply to a person performing janitorial, cleaning or sanitizing services if the person uses no pesticides other than sanitizers, disinfectants and germicides.
2. Personally uses a restricted-use pesticide as a commercial applicator.
3. Directs the use of a pesticide by a person specified under subd. 1. or 2.
(b)“Individual commercial applicator” does not include a veterinarian or veterinary technician who uses or directs the use of a pesticide only while lawfully practicing within the scope of his or her license or certificate.
(16)“Inert ingredient” means an ingredient which is not an active ingredient.
(17)“Ingredient statement” means a statement which contains the name and percentage of each active ingredient and the total percentage of all inert ingredients in the pesticide; and if the pesticide contains arsenic in any form, a statement of the percentages of total and water soluble arsenic, calculated as elementary arsenic.