ATCP 40.02(42)
(42) “Special agricultural-use fertilizer" means a fertilizer that is any of the following:
ATCP 40.02(42)(a)
(a) Designed and labeled to remedy only plant nutrient deficiencies unique to certain agricultural crops or local Wisconsin agricultural areas.
ATCP 40.02(43)
(43) “Substantiate" means to demonstrate clearly and convincingly, with satisfactory and sufficient evidence.
ATCP 40.02(44)
(44) “Unmanipulated animal or vegetable manure" means animal or vegetable manure that is not manipulated.
ATCP 40.02(45)
(45) “Wisconsin conditions" means plant growing conditions, including conditions related to soil, climate, growing season, plant species, plant varieties, and plant growing practices, that are similar or identical to those commonly found in Wisconsin.
ATCP 40.02 History
History: CR 04-140: cr.
Register September 2005 No. 597, eff. 10-1-05.
ATCP 40.04(1)(1)
Annual license required. Except as provided in sub.
(2), no person may manufacture or distribute a fertilizer in this state without an annual license from the department. A separate license is required for each business location or mobile unit at which a person manufactures fertilizer in this state. A license is not transferable between persons or locations. A license expires on September 30 of each year.
ATCP 40.04 Note
Note: Since a license is not transferable between persons, a license holder must re-apply for a license if it changes its legal identity.
ATCP 40.04(2)
(2) License exemptions. Subsection
(1) does not apply to a person who does only the following:
ATCP 40.04(2)(a)
(a) Distributes fertilizer materials to a licensed fertilizer manufacturer for further manufacturing.
ATCP 40.04(2)(b)
(b) Distributes packaged fertilizer in its original package, as packaged and labeled by a person who holds a fertilizer license under sub.
(1) and a product permit if required for that fertilizer under s.
ATCP 40.12. A person does not qualify for this exemption if the person makes any additional content or performance claims for the packaged fertilizer.
ATCP 40.04(2)(c)
(c) Distributes bulk fertilizer obtained from a supplier licensed under sub.
(1) if all of the following apply:
ATCP 40.04(2)(c)1.
1. The person does not mix or blend bulk fertilizer, except to combine identically labeled lots of bulk fertilizer received from the same licensed supplier.
ATCP 40.04(2)(c)2.
2. The bulk fertilizer bears the label information provided by the licensed supplier, including the supplier's name, product name, fertilizer grade, and guaranteed analysis.
ATCP 40.04(3)
(3) License application. A person shall apply for an annual fertilizer license on a form provided by the department. A license application shall include all of the following:
ATCP 40.04(3)(a)
(a) The applicant's correct legal name, and any trade name under which the applicant does business.
ATCP 40.04(3)(b)
(b) The applicant's social security number if the applicant is an individual. If the applicant is a partnership, the application shall include the social security number of each individual partner.
ATCP 40.04 Note
Note: A social security number is required under s.
93.135 (1) (cm), Stats.
ATCP 40.04(3)(c)
(c) Each address from which the applicant proposes to do business in this state.
ATCP 40.04(3)(d)
(d) Each address and mobile unit at which the applicant proposes to manufacture fertilizer in this state. Before adding a manufacturing location or mobile manufacturing unit during a license year, a license holder shall obtain an additional license for that location or unit.
ATCP 40.04(3)(f)
(f) A current list of fertilizer products which the applicant proposes to manufacture or distribute, and for which the applicant is required to have permits under s.
ATCP 40.12. The application shall include a current label for each of those products.
ATCP 40.04 Note
Note: A license under sub. (1) does not authorize the license holder to manufacture or distribute a fertilizer product for which a permit is required under s.
ATCP 40.12 unless the license holder also holds that permit.
ATCP 40.04(4)
(4) License fees. A person applying for an annual fertilizer license shall pay the following fees and surcharges:
ATCP 40.04(4)(a)
(a) A $30 license fee for each business location and each mobile unit at which the applicant proposes to manufacture fertilizer in this state. If the applicant distributes but does not manufacture fertilizer in this state, the applicant shall pay a single license fee of $30.
ATCP 40.04(4)(b)
(b) Except as adjusted under s.
94.73 (15), Stats., a $20 agricultural chemical cleanup surcharge for each business location and each mobile unit at which the applicant proposes to manufacture fertilizer in this state, other than a business location or mobile unit licensed under s.
94.685 or s.
94.703, Stats. If the applicant distributes but does not manufacture fertilizer in this state, the applicant shall pay a single agricultural chemical cleanup surcharge of $20.
ATCP 40.04(4)(c)
(c) A late renewal fee equal to 20% of the combined license fees and surcharges required under pars.
(a) and
(b), if the applicant fails to apply for a renewal license before the prior year's license expires.
ATCP 40.04 Note
Note: The late fee under par. (c) is required by s.
93.21, Stats.
ATCP 40.04(5)(a)
(a) Except as provided in par.
(d), the department shall grant or deny a license application under sub.
(3) within 45 working days after the department receives a complete application.
ATCP 40.04(5)(b)
(b) The department may place conditions on a license. If the department denies a license or issues a license with conditions, the department shall give the applicant written notice of its reasons.
ATCP 40.04(5)(c)
(c) A license holder may not distribute a fertilizer for which a permit is also required under s.
ATCP 40.12, unless the license holder also holds that permit.
ATCP 40.04(5)(d)
(d) If a license applicant does not manufacture fertilizer in Wisconsin, but seeks a license only to distribute a fertilizer for which a permit is required under s.
ATCP 40.12, the department may grant or deny the license application when it grants or denies the permit application.
ATCP 40.04 History
History: CR 04-140: cr.
Register September 2005 No. 597, eff. 10-1-05;
CR 08-075: am. (4) (b)
Register April 2009 No. 640, eff. 5-1-09;
CR 14-047: am. (4) (b)
Register May 2015 No. 713, eff. 6-1-15; correction in (4) (b) made under s.
35.17, Stats.,
Register May 2015 No. 713;
CR 18-019: am. (1), (4) (b), (c) Register January 2020 No. 769, eff. 2-1-20; corrections in (4) (b) made under s. 35.17, Stats., Register January 2020 No. 769. ATCP 40.06
ATCP 40.06
Fertilizer; tonnage reports and fees. ATCP 40.06(1)(1)
Annual tonnage report and fee payment. By September 30 of each year, a person required to hold a fertilizer license under s.
ATCP 40.04 shall do all of the following:
ATCP 40.06(1)(a)
(a) Report to the department the number of tons of each grade of fertilizer that the person distributed in this state in the 12 months ending June 30 of that year. The person shall file the report in writing, on a form prescribed by the department.
ATCP 40.06(1)(b)
(b) Pay fees and surcharges under sub.
(2). The person shall include the payment with the tonnage report under par.
(a).
ATCP 40.06(2)
(2) Fee amounts. Except as provided in sub.
(3), a person shall pay the following fees and surcharges on tonnage reported under sub.
(1) (a):
ATCP 40.06(2)(a)
(a) A basic fee of 23 cents per ton, or $25, whichever is greater.
ATCP 40.06(2)(b)
(b) A research fee of 17 cents per ton, or $1, whichever is greater.
ATCP 40.06(2)(c)
(c) An additional research fee of 10 cents per ton, or $1, whichever is greater.
ATCP 40.06(2)(d)
(d) A groundwater fee of 10 cents per ton, or $1, whichever is greater.
ATCP 40.06(2)(e)
(e) A weights and measures inspection fee of 2 cents per ton, or $1, whichever is greater.
ATCP 40.06(2)(f)
(f) An agricultural chemical cleanup surcharge of 11 cents per ton, or the adjusted amount under s.
94.73 (15), Stats.
ATCP 40.06(3)
(3) Fee exemptions. The fees under sub.
(2) do not apply to fertilizer sold, for resale or further manufacturing, to a person licensed under s.
ATCP 40.04.
ATCP 40.06(4)
(4) Combinations and fillers. A person shall include all of the following in the tonnage reported under sub.
(1) (a):
ATCP 40.06(4)(b)
(b) All fillers, carriers, and fluids included with a fertilizer at the time of distribution.
ATCP 40.06(5)
(5) Penalties for late filing. A person who fails to comply with sub.
(1) by September 30 shall pay an additional fee of 10 percent of the tonnage fees due, but not less than $10.
ATCP 40.06 Note
Note: The department may also suspend a license or permit for nonpayment of fees.
ATCP 40.06(6)
(6) Tonnage information confidential. The department may not release information showing the grades or amounts of fertilizer that an individual license holder has sold, or the fees or surcharges that an individual license holder has paid under this section. The department may publish aggregate summaries that do not reveal individual license holder information.
ATCP 40.06 History
History: CR 04-140: cr.
Register September 2005 No. 597, eff. 10-1-05;
CR 06-028: am. (2) (f)
Register November 2006 No. 611, eff. 12-1-06;
CR 08-075: am. (2) (f)
Register April 2009 No. 640, eff. 5-1-09;
CR 14-047: am. (2) (a), (b)
Register May 2015 No. 713, eff. 6-1-15;
CR 18-019: am. (1) (intro.), (2) (f), (5) Register January 2020 No. 769, eff. 2-1-20; correction in (2) (f) made under s. 35.17, Stats., Register January 2020 No. 769.
ATCP 40.08(1)(1)
Packaged fertilizer. Packaged fertilizer shall be clearly and conspicuously labeled with all of the following:
ATCP 40.08(1)(a)
(a) The name and address of the licensed manufacturer or distributor.
ATCP 40.08(1)(c)
(c) The fertilizer grade if the fertilizer is represented as containing any primary nutrients. The fertilizer grade shall conform to the guaranteed analysis for total nitrogen (N), available phosphate (P
2O
5), and soluble potash (K
2O). The grade shall be stated in whole numbers except that a grade value may be stated in decimal units with a preceding zero when the guarantee is less than one percent.
ATCP 40.08(2)(a)
(a) A person distributing bulk fertilizer to another person shall give the recipient a written label statement with each delivery. The written label statement shall clearly and conspicuously disclose all of the following:
ATCP 40.08(2)(a)5.
5. The fertilizer grade, except as provided in par.
(b). The fertilizer grade shall be stated in whole numbers and shall conform to the guaranteed analysis for total nitrogen (N), available phosphate (P
2O
5), and soluble potash (K
2O).
ATCP 40.08(2)(b)
(b) A manufacturer who custom mixes bulk fertilizer for a purchaser may provide the purchaser with a written statement listing the weight and grade of each ingredient included in the custom mixed fertilizer. A manufacturer of bulk custom mixed fertilizer may provide this written ingredient statement in place of a written grade statement and guaranteed analysis unless the purchaser contracts for a specified grade of custom mixed fertilizer.
ATCP 40.08(2)(c)
(c) A person who sells bulk agricultural fertilizer to a landowner shall record the name and address of the nutrient management planner who prepared the landowner's nutrient management plan, if the landowner has a nutrient management plan under s.
ATCP 50.04 (3). The seller may record this information on the label statement required under par.
(a) if the seller retains a copy of that statement. The seller shall keep the required information for at least 24 months after the seller files the fertilizer tonnage report required under s.
ATCP 40.06 (1).
ATCP 40.08(2)(d)
(d) A manufacturer or distributor who stores bulk fertilizer shall attach, to each storage bin or container, a label that clearly and conspicuously identifies the name or grade of the fertilizer stored in that bin or container. The grade, if stated, shall be stated in whole numbers.
ATCP 40.08 Note
Note: See ch.
SPS 343 and ch.
ATCP 33 related to anhydrous ammonia systems and bulk storage of fertilizer.
ATCP 40.08(3)(a)
(a) Fertilizer-additive combinations shall be labeled according to this section and s.
ATCP 40.24. The label format shall be as shown in
Appendix A.
ATCP 40.08(3)(b)
(b) Fertilizer-pesticide combinations that are not custom mixed shall be labeled according to this section and s.
ATCP 29.06.
ATCP 40.08(3)(c)
(c) Fertilizer-pesticide combinations that are custom mixed shall be labeled according to this section. A person who sells or distributes a custom mixed fertilizer-pesticide combination shall provide all of the following to the person who receives that product from the seller or distributor:
ATCP 40.08(3)(c)2.
2. The product's written formula. The formula shall identify all of the pesticides and other ingredients contained in the product, together with the amount by weight of each ingredient.
