94.681 Pesticide manufacturers and labelers: fees and surcharges.

(1) Definitions. In this section:

(a) “Household pesticide" means a pesticide that is any of the following:

1. A sanitizer.

2. A disinfectant.

3. A germicide.

4. An insect repellant that is applied to the human body or to clothing.

5. A pesticide that is used exclusively for the treatment of household pets.

6. A pesticide product that is labeled exclusively for household, lawn or garden use if the product either is sold in ready-to-use form or is sold exclusively in container sizes of less than one gallon.

7. A solid or liquid pesticide product that is used exclusively for the treatment of swimming pools, spas or hot tubs.

(b) “Industrial pesticide" means a pesticide that is not a household pesticide and that is one of the following:

1. Solely labeled for use on wood and contains pentachlorophenol, coal tar creosote or inorganic arsenical wood preservatives.

2. Labeled for use in controlling algae, fungi, bacteria, other microscopic organisms or mollusks in or on one or more of the following and for no other use except for a use described in par. (a) 6. or 7.:

a. Textiles, paper, leather, plastic, vinyl or other synthetic materials, metal or rubber.

b. Paints, varnishes, other coating products, lubricants or fuels.

c. Commercial, construction, manufacturing or industrial fluids, including adhesives, additives and pigments.

d. Commercial, construction, manufacturing or industrial processes, equipment, devices or containers, other than those used in the production or storage of human food or animal feed.

e. Air washing, cooling or heat transfer systems.

f. Medical equipment.

g. Drinking water or wastewater systems.

(c) “Nonhousehold pesticide" means a pesticide that is not a household pesticide or an industrial pesticide.

(e) “Primary producer" means a person who manufactures an active ingredient that is used to manufacture or produce a pesticide.

(2) Annual license fee. An applicant for a license under s. 94.68 shall pay an annual license fee for each pesticide product that the applicant sells or distributes for use in this state during the license year. Except as provided in sub. (5) or (6), the amount of the fee for each pesticide product is $500.

(3) Nonhousehold pesticides; cleanup surcharge. An applicant for a license under s. 94.68 shall pay an agricultural chemical cleanup surcharge for each nonhousehold pesticide product that the applicant sells or distributes for use in this state during the license year. Except as provided in sub. (6) or s. 94.73 (15), the amount of the surcharge is $30.

(3s) Payment of fees and surcharges. Before the start of a license year, and at least 15 days before beginning to sell a new pesticide product in this state, an applicant or licensee shall pay the amounts due under subs. (2) and (3).

(4) Primary producers; well compensation fee. A primary producer applying for a license under s. 94.68 shall pay a well compensation fee of $150.

(5) Unreported pesticide; increased license fee. If a person applying for or holding a license under s. 94.68 sells or distributes a pesticide product for use in this state without having filed a report for the product under s. 94.68 (2) (bm) or (3), the license fee for that product is twice the amount determined under sub. (2), except that, if the pesticide product is exempt from federal registration under 40 CFR 152.25, the license fee for that product is $250.

(6) Discontinued pesticide; final license fee and cleanup surcharge. A person holding a license under s. 94.68 who stops selling or distributing a pesticide product for use in this state shall do all of the following:

(am) Notify the department by December 31 of the year in which the person stops selling or distributing the pesticide product for use in this state.

(bm) By December 31 of the year in which the person stopped selling or distributing the pesticide product for use in this state, pay a final license fee of $500 for the pesticide product.

(c) If the product is a nonhousehold pesticide, pay a final agricultural chemical cleanup surcharge of $30.

(7) Use of fees and surcharges.

(a) License fees. The department shall deposit all license fees collected under subs. (2), (5) and (6) (bm) in the agrichemical management fund, except that the department shall deposit an amount equal to $108 for each pesticide product for which an applicant pays a license fee in the environmental fund for environmental management.

(b) Nonhousehold pesticides; cleanup surcharge. The department shall deposit the surcharges collected under subs. (3) and (6) (c) in the agricultural chemical cleanup fund.

(c) Well compensation fee. The department shall deposit the well compensation fees collected under sub. (4) in the environmental fund for environmental management.

(8) Fees and surcharges nonrefundable. The department may not refund a fee or surcharge under this section after the department issues a license under s. 94.68 to the person who paid the fee or surcharge, unless the fee or surcharge was not properly charged or collected.

History: 1989 a. 31; 1997 a. 27; 1999 a. 9; 2003 a. 33; 2007 a. 20; 2011 a. 263; 2013 a. 20; 2017 a. 59.