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.
ATCP 40.08(3)(e)
(e) Fertilizer-liming material combinations shall be labeled according to this section and ch.
ATCP 41.
ATCP 40.08(3)(f)
(f) Combination products shall be labeled with all the following:
ATCP 40.08(3)(f)2.
2. Complete use directions to ensure efficacy, usefulness, and safety, under Wisconsin conditions, for each purpose identified under subd.
1. Use directions shall include recommended application sites, rates, frequency, timing, and methods.
ATCP 40.08(3)(g)
(g) A combination product label shall accurately state the contents of the combination product, not just the components of the combination product.
ATCP 40.08(4)(a)
(a) A fertilizer label shall include a caution statement if the fertilizer may be toxic to plants or animals when the fertilizer is handled or applied under reasonably foreseeable use conditions. The label shall warn the user of the potential hazard, and shall explain how to prevent or minimize the hazard.
ATCP 40.08(4)(b)
(b) Labels for fertilizer products, other than fertilizer-pesticide combination products, shall comply with ch.
ATCP 139 and ss.
100.37 and
100.42, Stats., as applicable.
ATCP 40.08 Note
Note: For example, boron, molybdenum, and nickel may be toxic to crops and crop-consuming animals when applied at excessive rates or at inappropriate sites. Fertilizers containing these substances may need caution statements to prevent or minimize toxicity hazards. Chapter
ATCP 139 and ss.
100.37 and
100.42, Stats., regulate consumer product safety and hazardous substances (pesticides are separately regulated under ss.
94.67-71, Stats.). See also sub. (5) and s.
ATCP 40.18.
ATCP 40.08(5)(a)
(a) Except as provided in par.
(b), a foliar fertilizer label shall disclose all of the following:
ATCP 40.08(5)(a)1.
1. The purposes for which the labeler claims that foliar application is effective and useful.
ATCP 40.08(5)(a)2.
2. Complete use directions to ensure that foliar application will be effective and useful for each recommended purpose, under Wisconsin conditions. Use directions shall identify recommended application sites, rates, frequency, timing, and methods.
ATCP 40.08(5)(b)
(b) Paragraph
(a) does not apply if the foliar fertilizer label includes all of the following that apply:
ATCP 40.08(5)(b)1.
1. The following clear and conspicuous written statement if the fertilizer label guarantees primary plant nutrients:
“Foliar fertilization with primary nutrients will not provide the quantities of nutrients required for normal plant growth. This product may cause foliar burn if applied in higher than recommended rates or concentrations. Use only as a supplement to a regular fertilization program."
ATCP 40.08(5)(b)2.
2. The following clear and conspicuous written statement if the fertilizer label guarantees secondary nutrients or micronutrients:
“Foliar fertilization can be an effective remedy for diagnosed plant deficiencies of secondary nutrients and micronutrients, but may cause plant damage if applied at more than recommended rates or concentrations. Use of this product is recommended only as a supplement to a regular fertilization program and only on plants with confirmed secondary nutrient or micronutrient deficiencies."
ATCP 40.08(6)(a)
(a) The label of a fertilizer product for which a permit is required under s.
ATCP 40.12 (1) shall clearly disclose all of the following:
ATCP 40.08(6)(a)2.
2. Use directions to ensure effectiveness, under Wisconsin conditions, for each recommended purpose. Use directions for non-agricultural fertilizers shall identify recommended application sites, rates, frequency, timing, and methods.
ATCP 40.08(6)(b)
(b) The department may require supplementary label disclosures if the department finds that, in the absence of those disclosures, the label statements under par.
(a) may be deceptive or misleading. A failure to require supplementary disclosures does not constitute a finding, by the department, that the product is properly labeled.
ATCP 40.08 Note
Note: For example, if a label implies that a product is effective for an entire season, but the product does not provide enough nutrients for season-long effectiveness when applied according to label directions, the department might require supplementary disclosures to remedy the deceptive or misleading implication. Disclosures might include, for example, a limitation of efficacy claims or a disclosure of nutrient amounts compared to annual plant nutrient needs.
ATCP 40.08(7)(a)1.
1. Relevant and reliable information to substantiate all fertilizer labeling, including any claim or guarantee related to fertilizer contents. The person shall have substantiation for each labeling statement before making that statement. Testimonials are not reliable information under this subdivision.
ATCP 40.08(7)(a)2.
2. Relevant scientific evidence to substantiate every performance claim made for a fertilizer product for which a permit is required under s.
ATCP 40.12 (1). Performance claims include implied warranties, if any, under s.
ATCP 40.12 (6). The scientific evidence shall substantiate each performance claim under Wisconsin conditions, assuming that the product is applied for recommended purposes according to label directions. The person shall have that scientific evidence before making the performance claim. Testimonials are not scientific evidence under this subdivision.
ATCP 40.08(7)(b)
(b) The department may require a person to submit substantiating information under par.
(a). The department may require the person to submit the information before or after the department issues a license under s.
ATCP 40.04 or a permit under s.
ATCP 40.12. The issuance of a license or permit does not create any finding or presumption that the license or permit holder has complied with par.
(a).
ATCP 40.08(8)
(8) Terms and definitions. Terms used in fertilizer labeling shall be consistent with the fertilizer terms and definitions contained in the
Official Publication of the Association of American Plant Food Control Officials, No.
71 (2018
).
ATCP 40.08 Note
Note:
The Official Publication of the Association of American Plant Food Control Officials, No. 71 (2018
) is on file with the department and the legislative reference bureau. Copies may be obtained from the treasurer of the Association of American Plant Food Control Officials, Inc., North Carolina Department of Agriculture, P.O. Box 33508, Raleigh, NC 33636-3508, or online at http://www.aapfco.org. ATCP 40.10
ATCP 40.10
Fertilizer; guaranteed analysis. ATCP 40.10(1)(a)(a) A fertilizer label shall contain a guaranteed analysis that complies with this section. A guaranteed analysis may guarantee any plant nutrients or enhancing elements identified in sub.
(2), and shall guarantee at least one of the plant nutrients identified in sub.
(2). Each guarantee shall be expressed as a minimum guaranteed percentage by weight of the fertilizer.
ATCP 40.10 Note
Note: All of the materials identified in sub. (2), except cobalt and sodium, are plant nutrients. Cobalt and sodium are “enhancing elements." See ATCP 40.02 (7).
ATCP 40.10(1)(b)1.
1. That a fertilizer contains any plant nutrient unless that plant nutrient is identified in sub.
(2) and in the guaranteed analysis under par.
(a).
ATCP 40.10(1)(b)2.
2. That a fertilizer contains the enhancing element cobalt or sodium unless that enhancing element is included in the guaranteed analysis under par.
(a).
