1. (1) Agricultural pesticide applications; warning to public.

   1. (a) A responsible person under par. (b) shall post warning signs at a site where a dual notice agricultural pesticide is applied for agricultural purposes if that site is located within 300 feet of a residence, migrant labor camp, school, playground, day care facility, health care facility, commercial or industrial facility, public recreation area, or other nonagricultural area except a public road, where individuals are likely to be present during the restricted entry interval specified on the pesticide label. The warning signs shall comply with sub. (8).

      Note: See definition of “dual notice agricultural pesticide” in ss. ATCP 29.01 (17) and 29.60 (9). This subsection applies to all persons applying “dual notice” agricultural pesticides for agricultural purposes — not just agricultural employers. The warning notices are intended to protect both the general public and agricultural workers.

   2. (b) The following persons are individually and jointly responsible for posting warning signs under par. (a):

      1. 1. The person who operates or controls the premises at which the pesticide is applied.
      2. 2. The pesticide applicator.

      3. 3. The pesticide applicator’s employer, if any.

         Note: The persons identified under par. (b) may contract between themselves to post warning signs under par. (a), but any or all of them may be held liable if the warning signs are not properly posted.

2. (2) Agricultural pesticide applications; warning to workers. An agricultural employer shall post worker protection warning signs as required under s. ATCP 29.62.

3. (3) Nonagricultural pesticide applications; restricted entry intervals.

   1. (a) A responsible person under par. (b) shall post warning signs at a pesticide application site, other than a site under sub. (1), if the pesticide label prescribes a restricted entry interval for that pesticide application. The warning signs shall comply with sub. (8).

      Note: A label which merely directs individuals to stay off the treated area until the pesticide dries does not prescribe a “restricted entry interval” for purposes of sub. (3).

   2. (b) The following persons are individually and jointly responsible for posting warning signs under par. (a):

      1. 1. The person who operates or controls the premises at which the pesticide is applied.
      2. 2. The pesticide applicator.

      3. 3. The pesticide applicator’s employer, if any.

         Note: The persons identified under par. (b) may contract between themselves to post warning signs under par. (a), but any or all of them may be held liable if the warning signs are not properly posted.

4. (4) Chemigation applications. A person operating a chemigation system shall post warning signs at the chemigation application site as required under s. ATCP 29.54 (17).

5. (5) Residential applications. A person making a residential application shall give notice to residents as required under s. ATCP 29.55 (3) and (4).

   Note: A person making a residential application must also post warning signs under sub. (3) if the pesticide label prescribes a restricted entry interval.

6. (6) Landscape applications. A person making a landscape application shall post warning signs at the application site as required under s. ATCP 29.56 (3).
7. (7) Stored seed treated with pesticide. A person who stores pesticide-treated seed in bulk shall post warning signs at the seed storage facility as required under s. ATCP 29.57 (4). In this subsection, “pesticide-treated seed” means seed intended for planting or propagation that is treated with a pesticide for the purpose of providing post-planting protection to the seed or seedling.

8. (8) Warning signs. Except as provided under sub. (9), warning signs under subs. (1) and (3) shall comply with all of the following:

   1. (a) Each warning sign shall be at least 8 1/2 inches by 11 inches.
   2. (b) The form and content of each warning sign shall be identical to that shown in ch. ATCP 29 Appendix D. A warning sign may contain supplementary information, beyond that shown in ch. ATCP 29 Appendix D, if the information is consistent with, and does not detract from, that shown in ch. ATCP 29 Appendix D.
   3. (c) Each warning sign shall be constructed to resist deterioration and remain legible throughout the required posting period.
   4. (d) Warning signs shall be posted before the pesticide application begins, and shall remain posted for the duration of any restricted entry interval specified on the pesticide label. Warning signs may remain posted indefinitely.

   5. (e) Warning signs shall be posted at the following locations:

      1. 1. At normal points of access to the application site.
      2. 2. At 1/4 mile intervals along those borders of an outdoor application site that lie within 300 feet of a residence, migrant labor camp, school, playground, day care facility, health care facility, commercial or industrial facility, public recreation area, or other nonagricultural area except a public road, where individuals are likely to be present during the restricted entry interval specified on the pesticide label. An application site bordering an area identified under this subdivision for less than 1/2 mile shall be posted with at least one sign.

9. (9) Alternative warning signs.

   1. (a) A worker protection warning sign under s. ATCP 29.62 may be used in place of a standard warning sign under sub. (8). A worker protection warning sign shall be removed or covered not more than 3 days after the restricted entry interval expires unless the sign continues to be required for another pesticide application at the same site.
   2. (b) If a pesticide application site, such as a potted plant or greenhouse bench top, is too small to accommodate standard warning signs under sub. (8), it may be posted with smaller warning signs that are at least 4 inches by 5 inches. The warning signs shall be clearly posted on each side of the application site at intervals of not more than 25 feet. An individual treated plant may be posted with a single sign. The content and format of the smaller signs shall correspond to the content and format of the standard signs under sub. (8).

   3. (c) If the pesticide label requires a warning sign which is different from the warning sign under sub. (8), the warning sign specified on the pesticide label shall be used in place of the warning sign under sub. (8).

      Note: According to s. 94.715 (2) (g), Stats., school boards must ensure that warning signs are posted for pesticide applications to public school grounds.

History

History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; correction in (8) (b) made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689.