1. Pesticide Regulations
Pesticides come under regulatory scrutiny from the time of their inception in the laboratory to their ultimate use in the field. Multiple federal and state agencies are involved in controlling their production, transportation, sale, use, and disposal. There are few compounds that receive such extensive regulatory overview as pesticides.
Wisconsin Pesticide Applicator Training Program

2. Why Regulations?
Use one of these wrong and you can cut your thumb off.
Many of us have used a table saw before. It is a tool used to cut wood. Use one of these incorrectly you can hurt yourself.
Photo source: PowerPoint Clip Art

3. Why Regulations?
Use one of these wrong and you can hurt yourself, but you can hurt others.
Pesticides are a tool used to control or inhibit pests. Use one of these incorrectly and you can not only hurt yourself, but you can hurt others.

4. Why Regulations? Pesticides kill living organisms
The reason for these regulations is because pesticides are designed to kill some living organism. Therefore, protections are put in place to safeguard us and our surrounding environment. Pesticides are marvelous tools, but when used carelessly or intentionally misused, dire consequences can result. As the worst of these, livestock, wildlife, pets, and even people have all died as a direct result of pesticide poisoning.

5. Prominent Laws WDATCP U.S. EPA
It is not as important to memorize which of the governing bodies oversee pesticide usage as it is to know what one’s legal obligations are when using pesticides in Wisconsin. However, we should point out that the two prominent laws that are behind most of our pesticide regulations in use today is the Federal Insecticide, Fungicide and Rodenticide Act, or FIFRA, administered by the Environmental Protection Agency, and the state’s administrative rule, ATCP 29, administered by the Wisconsin Department of Agriculture, Trade and Consumer Protection, or DATCP.

6. Private Applicator Definition
Private applicators must meet both criteria.
Produce an agricultural commodity ●
and
Under the certification and training program, there are two types of pesticide applicators: private and commercial. You are a private applicator if you use pesticides for the purpose of producing an agricultural commodity, and the pesticide applications are made on land owned or rented by you or your employer.
If you fit the definition of a private pesticide applicator, you only need to become certified if you purchase, mix, load, or apply restricted-use pesticides.
Applications occur on land you own or operate ●

7. Private Applicator Categories
Production of any agricultural commodity allowed under this category.
Most of you obtain certification by passing an exam in the General Farming category. Passing the exam demonstrates to DATCP that you have met the knowledge requirements for using pesticides within that specific category. Private applicators producing any agricultural commodity may certify in the General Farming category.

8. Private Applicator Categories
Fruit Crops and Greenhouse & Nursery can’t cross over to corn and soybean.
However, those private applicators who are involved in the production of specialty crops have the option of getting certified in categories more appropriate to their production practices. However, if you are applying RUPs on corn and soybean or vegetable crops it is best to get the General Farm.

9. Private Applicator Categories
If you apply soil fumigants, apply pesticides with your irrigation water, or you do aerial application you will require supplemental certification in either of these subcategories. Each category and subcategory has its own specific training manual and certification exam. Also, it would be a good idea to have a piolets license for that last one.

10. Certification Period Valid for 5 years●
Recertify by passing a revised exam. ●
Certification is valid for 5 years, after which you must pass a new exam based on a revised training manual. You must carry this card with you whenever you purchase, use, or direct the use of restricted-use pesticides. Please be aware that DATCP is no longer sending out notification of expired certifications. Your expiry date can be found on your certification card.

11. Pesticide Use Restrictions
Prohibited pesticides ●
Limited-use pesticides. ●
Special rules ●
Certification is one method the EPA and DATCP uses to reduce the risks of pesticides. Other options are directed at specific pesticides or uses which warrant particular concern. For example, some pesticides are prohibited from use altogether, while others are limited to specific uses or sites. And some, such as atrazine, are regulated through special rules which impose use restrictions beyond those stated on the product labels.

12. Negligent Use Using a pesticide in a careless manner. ●
Other provisions of Wisconsin law prohibit a person from:
 Using a pesticide in a careless manner,

13. Negligent Use Using a pesticide in a careless manner.●
Using a pesticide for unlabeled purposes. ●
 Using a pesticide for unlabeled purposes,

14. Negligent Use Using a pesticide in a careless manner.●
Using a pesticide for unlabeled purposes. ●
Directing another person to use a pesticide against its label or law. ●
 Directing another person to use a pesticide contrary to its label or law, and

15. Negligent Use Using a pesticide in a careless manner.●
Using a pesticide for unlabeled purposes. ●
Directing another person to use a pesticide against its label or law. ●
And finally, operating equipment that is leaking or cannot be calibrated.
Operating equipment that is leaking or cannot be calibrated. ●

16. Worker Protection Standard
Reduce risk of pesticide exposure to employees
Covers:
- Farms
- Forests
- Greenhouses
- Nurseries ● ●
The Worker Protection Standard, or WPS, is designed to reduce risk of employee exposure to nearly all pesticide applications that are used for the production of agricultural plants. Thus, most applications of pesticides on farms and in forests, greenhouses, or nurseries are affected by the WPS.

17. Worker Protection Standard Changes●
Exemptions:
Immediate family and Certified Crop Consultants still exempt from many of the requirements. Adding: aunts, uncles, nephews, nieces and first cousins.
Because the WPS is designed to protect workers, if you have no hired employees your obligation under the WPS is minimal. However, you and your immediate family still must heed the WPS restrictions of:
 Entry into sites during a pesticide application, and
 Early-entry into treated sites during its restricted-entry interval, or REI.
Note that the WPS defines immediate family to include spouse, children, parents, brothers, and sisters; new rules includes, aunts, uncles, nephews and nieces, and first cousins are added to the definition of immediate family. ●
Entry during a pesticide application.
Early-entry during a restricted-entry interval. ●

18. Worker Protection Standard Changes●
Safety training:
Annual training
Expanded training content
Recordkeeping of training 2 years
No “grace period”
The EPA has recently revised the Worker Protection Standard. The next several slides will highlight some of the changes. One of the largest changes is that employees will have to receive annual mandatory annual training. Previously it was set at every 5 years.

19. Worker Protection Standard Changes●
Safety training:
Annual training
Expanded training content
Recordkeeping of training 2 years
No “grace period”
The training will require increased emphasis in a few areas, one of those being reducing take home exposure. This will expand on the concepts of not taking pesticides or pesticide containers home and laundering work cloths separately from the family laundry.

20. Worker Protection Standard Changes●
Safety training:
Annual training
Expanded training content
Recordkeeping of training 2 years
No “grace period”
Employers will have to keep training records for 2 years.

21. Worker Protection Standard Changes●
Safety training:
Annual training
Expanded training content
Recordkeeping of training 2 years
No “grace period”
The training grace period will not be allowed. Previously new employees could get a grace period so that they could start tasks in WPS covered areas. This grace period is going away. New employees will have to be trained before they can work with pesticides or within areas treated by pesticides.

22. Worker Protection Standard Changes●
Notification:
Mandatory posting if REI is 48 hours or greater.
Mandatory posting in enclosed areas if REI is 4 hours or more.
Early entry workers still require oral notification and PPE.
Posting is now mandatory on pesticides if the REI is 48 hours or greater in outdoor sites. If the REI is below 48 hours either oral notification or posting can be done, unless the product is a dual notice pesticide. Meaning the label requires both oral notification and posting.

23. Worker Protection Standard Changes●
Notification:
Mandatory posting if REI is 48 hours or greater.
Mandatory posting in enclosed areas if REI is 4 hours or more.
Early entry workers still require oral notification and PPE.
In enclosed sites, for examples greenhouses, posting is required for any pesticide that has an REI of 4 hours or more.

24. Worker Protection Standard Changes●
Notification:
Mandatory posting if REI is 48 hours or greater.
Mandatory posting in enclosed areas if REI is 4 hours or more.
Early entry workers still require oral notification and PPE.
Early entry workers still require oral notification and the correct PPE to do early entry tasks.

25. Worker Protection Standard Changes●
Hazard Communication:
Application specific info and copy of SDS at central location.
Display for 30 days after REI expires.
Retain information for 2 years.
Employers still have to provide application specific info at a central location. However, in the new rules employers will have to provide a copy of the Safety Data Sheet (SDS) also.

26. Worker Protection Standard Changes●
Hazard Communication:
Application specific info and copy of SDS at central location.
Display for 30 days after REI expires.
Retain information for 2 years.
This information has to be displayed for 30 days after REI has expired.

27. Worker Protection Standard Changes●
Hazard Communication:
Application specific info and copy of SDS at central location.
Display for 30 days after REI expires.
Retain information for 2 years.
Finally these records displayed have to be retained for 2 years.

28. Worker Protection Standard Changes●
Pesticide Safety Information:
Safety information displayed at central location and certain decontamination sites.
Additional information required.
Safety information still has to be displayed at central location, but now it has to be displayed at certain decontamination sites also. ●
Minimum Age:
Minimum age requirement 18 years, handlers and Early-Entry workers.

29. Worker Protection Standard Changes●
Pesticide Safety Information:
Safety information displayed at central location and certain decontamination sites.
Additional information required.
Additional information, such as medical contact information will also have to be displayed at the central location. ●
Minimum Age:
Minimum age requirement 18 years, handlers and Early-Entry workers.

30. Worker Protection Standard Changes●
Pesticide Safety Information:
Safety information displayed at central location and certain decontamination sites.
Additional information required.
The EPA is imposing a minimum age requirement of 18 years old for handlers and Early-entry workers. ●
Minimum Age:
Minimum age requirement 18 years, handlers and Early-Entry workers.

31. Worker Protection Standard Changes●
Application Exclusion Zones:
Keep people out of the application exclusion zone while applying.
Based on equipment not field.
A new application exclusion zone has been added. This zone will require that people stay out of a 100 foot exclusion zone while the application is occurring. Spraying will have to stop if people, other than the applicator, enter this zone.

32. Worker Protection Standard Changes●
Application Exclusion Zones:
Keep people out of the application exclusion zone while applying.
Based on equipment not field.
This zone is based on the application equipment, not the property line or field. So it does not matter where the property line is or the edge of the field, it only matters where the sprayer is.

33. Worker Protection Standard Changes●
Outreach:
EPA
DATCP
UW-PAT Program
UW Extension
WPS is like any set of regulations or laws, they are not always easy to follow. The EPA, DATCP, UW-PAT Program and UW Extension is there to help you understand these new rules. The EPA will be updating the “How to Comply with the Worker Protection” Manual and the rest of us will continue to provide updates and information. Also we are always there to answer questions or at least help in finding out who can.

34. ATCP 29 Warning Sign Post this sign when: Label requires posting AND●
AND
You may encounter situations where you will need to post an ATCP 29 warning sign to protect the general public when both of the following conditions exist:
 The label requires posting or is a dual notice pesticide, and
 The site borders within 300 feet of nonagricultural areas such as residences, schools, parks, or businesses, where people are likely to be present during the application or REI.
Treated site borders within 300 feet of sensitive areas ●

35. Other Types of Warnings
Soil fumigation ●
Chemigation ●
Bulk Grain Storage ●
Pond Applications ●
Some other types of warning signs that you may need to consider are in the cases of soil fumigation, chemigation, bulk grain storage and certain aquatic applications.

36. Other Types of Warnings
In your manual there is a flow chart to work through to identify what sign is required for posting and where it should be posted.

37. Recordkeeping
Keep records for 2 years when applying RUPs or other pesticides.
Keep records for 3 years when applying atrazine products. ● ●
Keeping a record of all of your pesticide applications is good business sense. However, you must keep specific records whenever applying restricted-use pesticides.
Because there are slight differences in recordkeeping requirements when applying atrazine, soil fumigants, and other restricted-use pesticides, we have provided a universal recordkeeping form as an appendix in your training manual. It could be pointed out that this is one of the most common violations reported by DATCP. One of the largest violations DATCP finds is that records are not kept correctly, that information is often missing.

38. Recordkeeping – What You Need
First and last name ●
The following is what has to be kept for pesticide records. First and last name of applicator.

39. Recordkeeping – What You Need
First and last name ●
Crop or site ●
The crop, commodity or site that the RUP was applied on.

40. Recordkeeping – What You Need
First and last name ●
Crop or site ●
Description of site ●
A specific description of the location of the pesticide application site. The description shall contain sufficient information and detail so that the location of the pesticide application site may be readily determined.

41. Recordkeeping – What You Need
First and last name ●
Crop or site ●
Description of site ●
Date, start and end time ●
The month, day, year, and approximate starting and ending time of the pesticide application.

42. Recordkeeping – What You Need
First and last name ●
Crop or site ●
Description of site ●
Date, start and end time ●
Product used and EPA Reg Number ●
The brand name, product name, or common chemical name, and the federal environmental protection agency registration number, of each pesticide applied.

43. Recordkeeping – What You Need
First and last name ●
Crop or site ●
Description of site ●
Date, start and end time ●
Product used and EPA Reg Number ●
At least one of the following:
ATCP 29.33(3)(g)1. 1. The concentration and total quantity of each pesticide applied.
ATCP 29.33(3)(g)2. 2. The amount of pesticide product applied per unit area and the total area treated.
One of the following: ●
Concentration and total quantity
Amount applied per unit area

44. Custom Applications Exchange of services – no limit
Payment – 500 acre limit for no more than 3 different producers ● ●
As a private applicator, you are allowed to make pesticide applications on someone else’s land in exchange for services or goods between producers. There is no limit to the number of acres you may treat as a custom applicator under this type of arrangement.
However, if money is used as payment for a pesticide application service, then a private applicator is limited to a total of 500 acres for no more than 3 different producers in any calendar year. If you go beyond these allowed limits, you then must be certified, and licensed, as a commercial applicator, and your business also must be licensed.

45. Permits Strychnine and 1080 rodenticides
Mammals (other than rats and mice)
Birds
Aquatic pests ● ● ● ●
Besides becoming a certified applicator, you also will need to obtain special permits to apply certain rodenticides, controlling mammals – besides rats and mice –, any pesticide to control birds, and applications to aquatic sites, such as farm ponds. In the case of aquatic applications, you may even have to obtain certification in the commercial Aquatic category. Such requirements are covered in your training manual.

46. Conclusion EPA ATCP 29 DATCP FIFRA DOT DNR DEM USDA
There are many federal and state agencies and regulations controlling the pesticides you use. Abiding by these regulations is sound pesticide management and safeguards against further restrictions or cancellations of pesticides or their uses. Throughout the remainder of this training, other legal obligations not covered here will be discussed pertinent to the topics being presented.
DEM
USDA

47. Pesticide Regulations
Wisconsin Pesticide Applicator Training Program