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).
ATCP 40.10(1)(b)3.
3. That a fertilizer contains an enhancing element other than cobalt or sodium, unless that enhancing element is guaranteed as a soil or plant additive ingredient under sub.
(10).
ATCP 40.10 Note
Note: A fertilizer that claims enhancing elements, other than cobalt and sodium, is considered a “fertilizer-additive combination." See ATCP 40.02 (9).
ATCP 40.10(2)(a)
(a) Except as provided in par.
(b), no person may represent that a fertilizer contains any of the following plant nutrients or enhancing elements unless that plant nutrient or enhancing element is guaranteed at or above the following amount:
Plant Nutrient Minimum Guarantee
Total Nitrogen (N) 1.0%
Available Phosphate (P2O5) 1.0%
Soluble Potash (K20) 1.0%
Calcium (Ca) 1.0%
Magnesium (Mg) 0.5%
Sulfur (S) 1.0%
Boron (B) 0.02%
Chlorine (Cl) 0.1%
Cobalt (Co) 0.0005%
Copper (Cu) 0.05%
Iron (Fe) 0.1%
Manganese (Mn) 0.05%
Molybdenum (Mo) 0.0005%
Nickel (Ni) 0.05%
Sodium (Na) 0.1%
Zinc (Zn) 0.05%
ATCP 40.10(2)(b)1.
1. Ready-to-use liquid fertilizer labeled only for nonagricultural uses.
ATCP 40.10(2)(b)2.
2. Fertilizer labeled only for hydroponic or continuous plant feeding use.
ATCP 40.10(2)(c)
(c) Except as provided in sub.
(6) (b) or
(7), a fertilizer label may not identify any plant nutrient that has a guarantee of zero.
ATCP 40.10(3)
(3) Format. A guaranteed analysis shall appear in the following format:
Guaranteed Analysis
Total Nitrogen (N) ___%
_____% Ammoniacal Nitrogen
_____% Nitrate Nitrogen
_____% Water Insoluble Nitrogen
_____% (Other recognized and determinable forms of nitrogen)
Available Phosphate (P2O5) ___%
Soluble Potash (K2O) ___%
Calcium (Ca) ___%
Magnesium (Mg) ___%
Sulfur (S) ___%
Boron (B) ___%
Chlorine (Cl) ___%
Cobalt (Co) ___%
Copper (Cu) ___%
Iron (Fe) ___%
Manganese (Mn) ___%
Molybdenum (Mo) ___%
Nickel (Ni) ___%
Sodium (Na) ___%
Zinc (Zn) ___%
ATCP 40.10 Note
Note: Percentage guarantees must equal or exceed the minimum guarantees specified in sub. (2).
ATCP 40.10(4)(a)
(a) A guaranteed analysis shall include a separate nutrient source statement if any of the following apply:
ATCP 40.10(4)(a)1.
1. The sum of the guarantees for the primary plant nutrients is less than 24%.
ATCP 40.10(4)(a)3.
3. The fertilizer label represents that the fertilizer contains an organic or slowly released plant nutrient.
ATCP 40.10(4)(b)
(b) A plant nutrient source statement under par.
(a) shall do all of the following:
ATCP 40.10(4)(b)1.
1. Identify the source materials from which the guaranteed plant nutrients are derived, in descending order of content by weight of source material.
ATCP 40.10(4)(b)2.
2. Identify the source of each plant nutrient, using only terms defined in the Official Publication of the Association of American Plant Food Control Officials, No. 71 (2018
).
ATCP 40.10 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(5)(a)(a) A zero shall precede the decimal point in every guarantee that is less than one percent.
ATCP 40.10(5)(b)
(b) A minimum guarantee for a primary plant nutrient shall be stated as a whole number if the guarantee is at least 1.0%.
ATCP 40.10(6)(a)
(a) If a guaranteed analysis identifies any chemical form of a plant nutrient that has more than one chemical form, it shall identify all chemical forms of the plant nutrient and provide a percentage guarantee for each. The percentage guarantee for each chemical form shall precede the identified chemical form and may include non-zero decimal units. Subsection
(3) illustrates the correct format for nitrogen.
ATCP 40.10(6)(b)
(b) A chemical form under par.
(a) may have a percentage guarantee of zero, provided that the combined guarantee for all chemical forms of the plant nutrient equals or exceeds the minimum guarantee required under sub.
(2).
ATCP 40.10(6)(c)
(c) No person may represent that a fertilizer contains an organic or slowly released plant nutrient unless all of the following apply:
ATCP 40.10(6)(c)1.
1. The guaranteed analysis lists slowly released chemical forms of that plant nutrient.
ATCP 40.10(6)(c)2.
2. The combined guarantees for slowly released forms of the plant nutrient comprise at least 15% of the total guarantee for that plant nutrient, except as otherwise provided for nitrogen under sub.
(8) (b).
ATCP 40.10(7)(a)
(a) A fertilizer label may contain a separate written statement, not part of the guaranteed analysis, which states that the amount of a specified plant nutrient or other substance does not exceed a specified percentage by weight of the fertilizer.
ATCP 40.10(7)(b)
(b) No person may sell or distribute a fertilizer for use on tobacco unless its label states the maximum amount of chlorine that may be present in the fertilizer.
ATCP 40.10(8)(a)
(a) A nonagricultural fertilizer label shall guarantee the ammoniacal, nitrate, water insoluble, and other chemical forms of nitrogen, as illustrated in sub.
(3).
