2811 Agriculture Drive
Madison, WI 53718
Telephone: (608) 224-5006
Section 1 ATCP 21.21 (1) (c) 1. and (Note) are amended to read:
ATCP 21.21 (1) (c) 1. The states of Arizona, California, Colorado, Idaho, Maryland, Nevada, New Mexico, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee, Utah, Virginia, and Washington.
Section 2 ATCP 21 Appendix A is amended to read:
APPENDIX A
AREAS INFESTED BY HEMLOCK WOOLLY ADELGID
Entire States (entire state) and Provinces
• Alaska
• California
• Connecticut
• Delaware
• Maryland
• Massachusetts
• New Jersey
• Oregon
• Rhode Island
• Washington
• District of Columbia
• British Columbia
Counties
• In the state of Georgia, the counties of Banks, Dade, Dawson, Fannin, Gilmer, Gordon, Habersham, Hall, Lumpkin, Murray, Pickens, Rabun, Stephens, Towns, Union, Walker, White.
• In the state of Kentucky, the counties of Bell, Breathitt, Carter, Clay, Elliott, Fayette, Floyd, Harlan, Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, Martin, Madison, Magoffin, Marin, McCreary, Menifee, Morgan, Owsley, Perry, Pike, Powell, Pulaski, Rockcastle, Rowan, Wayne, Whitley, Wolfe.
• In the state of Maine, the counties of Androscoggin, Cumberland, Kennebec, Knox, Lincoln, Sagadahoc, York.
• In the state of Michigan, the counties of Allegan, Muskegon, Oceana, Ottawa.
• In the state of New Hampshire, the counties of Belknap, Carroll, Cheshire, Hillsborough, Merrimack, Rockingham, Strafford, Sullivan.
• In the state of New York, the counties of Albany, Bronx, Broome, Cattaraugus, Cayuga, Chemung, Chenango, Columbia, Delaware, Dutchess, Greene, Kings, Livingstone, Monroe, Nassau, New York, Onondaga, Orange, Otsego, Putnam, Queens, Rensselaer, Richmond, Rockland, Schenectady, Schoharie, Schuyler, Seneca, Steuben, Suffolk, Sullivan, Tioga, Tompkins, Ulster, Westchester, Wyoming, Yates.
• In the state of North Carolina, the counties of Alamance, Alexander, Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Caswell, Catawba, Cherokee, Clay, Durham, Forsyth, Graham, Haywood, Henderson, Iredell, Jackson, Macon, Madison, McDowell, Mitchell, Orange, Polk, Rockingham, Rutherford, Stokes, Surry, Swain, Transylvania, Wake, Watauga, Wilkes, Yancey.
• In the state of Ohio, the counties of Athens, Geaugua, Gallia, Hocking, Jackson, Lake, Lawrence, Meigs, Monroe, Vinton, and Washington.
•In the state of Pennsylvania, the counties of Adams, Allegheny, Armstrong, Beaver, Bedford, Berks, Blair, Bradford, Bucks, Cambria, Cameron, Carbon, Centre, Chester, Clarion, Clearfield, Clinton, Columbia, Cumberland, Dauphin, Delaware, Elk, Fayette, Forest, Franklin, Fulton, Huntingdon, Indiana, Jefferson, Juniata, Lackawanna, Lancaster, Lebanon, Lehigh, Luzerne, Lycoming, McKean, Mifflin, Monroe, Montgomery, Montour, Northampton, Northumberland, Perry, Philadelphia, Pike, Potter, Schuylkill, Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union, Warren, Wayne, Westmoreland, Wyoming, York.
• In the state of South Carolina, the counties of Greenville, Oconee, Pickens, Spartanburg.
• In the state of Tennessee, the counties of Anderson, Bledsoe, Blount, Bradley, Campbell, Carter, Claiborne, Cocke, Cumberland, Fentress, Franklin, Grainger, Greene, Grundy, Hamblen, Hamilton, Hancock, Hawkins, Jefferson, Johnson, Knox, Loudon, Marion, McMinn, Meigs, Monroe, Morgan, Overton, Pickett, Polk, Putnam, Rhea, Roane, Scott, Sequatchie, Sevier, Sullivan, Unicoi, Union, Van Buren, Warren, Washington, White.
• In the state of Vermont, the counties of Bennington, and Windham, Windsor.
• In the state of Virginia, the counties of Albemarle, Alexandria, Alleghany, Amherst, Appomattox, Arlington, Augusta, Bath, Bedford, Bland, Botetourt, Bristol, Buchanan, Buckingham, Buena Vista, Campbell, Caroline, Carroll, Charlottesville, Chesterfield, Clarke, Craig, Culpeper, Danville, Dickenson, Essex, Fairfax, Falls Church, Fauquier, Floyd, Fluvanna, Franklin, Frederick, Galax, Giles, Grayson, Greene, Halifax, Hanover, Harrisonburg, Henrico, Henry, Highland, King William, Lee, Lexington, Loudon, Lunenburg, Lynchburg, Madison, Manassas, Manassas Park, Martinsville, Montgomery, Nelson, Northumberland, Norton, Orange, Page, Patrick, Pittsylvania, Prince William, Pulaski, Radford, Rappahannock, Richmond, Roanoke, Rockbridge, Rockingham, Russell, Salem, Scott, Shenandoah, Smyth, Spotsylvania, Staunton, Tazewell, Warren, Washington, Waynesboro, Winchester, Wise, Wythe.
• In the state of West Virginia, the counties of Barbour, Berkeley, Boone, Braxton, Cabell, Clay, Fayette, Grant, Greenbrier, Hampshire, Hardy, Harrison, Jefferson, Kanawha, Lewis, Lincoln, Logan, Marion, Mason, McDowell, Mercer, Mineral, Mingo, Monongalia, Monroe, Morgan, Nicholas, Ohio, Pendleton, Pocahontas, Pleasants, Preston, Raleigh, Randolph, Roane, Summers, Taylor, Tucker, Tyler, Upshur, Wayne, Webster, Wirt, Wood, Wyoming.
Section 3 ATCP 40.04(1) is amended to read:
ATCP 40.04(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 August 14 September 30 of each year. (4)(b) Except as adjusted under 94.73(15), a $11.20 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 $11.20. (c) A late renewal fee equal to 20% of the combined license fees and surcharges required under pars. (a) and (b), whichever is greater, if the applicant fails to apply for a renewal license before the prior year's license expires. Section 4 ATCP 40.06(1), (2)(f), and (5) are amended to read:
ATCP 40.06 (1) Annual tonnage report and fee payment. By August 14 September 30 of each year, a person required to hold a fertilizer license under s. ATCP 40.04 shall do all of the following: (2)(f) An agricultural chemical cleanup surcharge of 44 11 cents per ton, or the adjusted amount under s. 94.73(15). (5) Penalties for late filing. A person who fails to comply with sub. (1) by August 14 September 30 shall pay an additional fee of 10 percent of the tonnage fees due, but not less than $10. Section 5 ATCP 40.08 (8) and (Note) are amended to read:
ATCP 40.08 (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. 68 70 (20157).
Note: The Official Publication of the Association of American Plant Food Control Officials, No. 68 70 (20157) 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. Section 6 ATCP 40.10 (4) (b) 2. and (Note) are amended to read:
ATCP 40.10 (4) (b) 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. 68 70 (20157).
Note: The Official Publication of the Association of American Plant Food Control Officials, No. 68 70 (20157) 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. Section 7 ATCP 40.12 (2) (c) 1. and (Note) are amended to read:
ATCP 40.10 (2) (c) 1. The source material is accurately described by a term defined in the Official Publication of the Association of American Plant Food Control Officials, No. 68 70 (20157).
Note: The Official Publication of the Association of American Plant Food Control Officials, No. 68 70 (20157) 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. Section 8 ATCP 40.16 (2) and (Note) are amended to read:
ATCP 40.16 (2) Test methods. The department may test official fertilizer samples to determine compliance with nutrient guarantees. The department shall test official samples using applicable methods from the “Official Methods of Analysis of AOAC International," volume I, 17 20th edition as updated by the 2nd revision (200316).
Note: The “Official Methods of Analysis of AOAC International," volume I, 17 20th edition as updated by the 2nd revision (200316) is on file with the department and the legislative reference bureau. Copies are available from AOAC International at 481 N. Frederick Ave., Suite 500, Gaithersburg, MD 20877-2417.
Section 9 ATCP 40.18 (2) and (Note) are amended to read:
ATCP 40.18 (2) No fertilizer may contain a metal in a concentration that exceeds the maximum allowable concentration specified for that metal in the Official Publication of the Association of American Plant Food Control Officials, No. 68 70, statement of uniform interpretation and policy number 25, (20157)
Note: Statement of uniform interpretation and policy number 25, from the Official Publication of the Association of American Plant Food Control Officials, No. 68 70 (20157), 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. Section 10 ATCP 40.20 (1) is amended to read:
ATCP 40.20 (1) Annual license required. Except as provided in sub. (2), no person may manufacture or distribute a soil or plant additive in this state without an annual license from the department. A license is not transferable between persons. A license expires on March 31 September 30 of each year. Section 11 ATCP 40.22 (1), (1)(a), and (4) are amended to read:
ATCP 40.22 (1) Annual tonnage report and fee payment. By March 31 September 30 of each year, a person required to hold a license under s. ATCP 40.20 shall do all of the following: (a) Report to the department the number of tons of each soil or plant additive the person distributed in this state in the preceding calendar year from July 1 to June 30 of the preceding year. The person shall file the report in writing, on a form provided by the department.
(4) Penalties for late filing. A person who fails to comply with sub. (1) by March 31 September 30 shall pay an additional fee of 10 percent of the tonnage fees due, but not less than $10. Section 12 ATCP 40.26 (5) and (Note) are amended to read:
ATCP 40.26 (5) Ingredient identification. Except as provided in sub. (3) (b), the guaranteed analysis shall identify each ingredient by its common name, if any, followed in parentheses by its chemical name as stated in the Merck Index, 125th edition (1996 2013). If an ingredient is not sufficiently defined in the Merck Index, the department may approve an additional or alternative name for the ingredient. Note: The Merck Index, 125th edition (19962013) is on file with the department and the legislative reference bureau.
Section 13 ATCP 40.28 (2)(g)1. and (Note) are amended to read:
ATCP 40.28 (2)(g)1. A method contained in the “Official Methods of Analysis of AOAC International", volume I, 17th 20th edition, as updated by the 2nd revision (200316).
Note: The “Official Methods of Analysis of AOAC International", ", volume I, 17th 20th edition, as updated by the 2nd revision (200316) is on file with the department and the legislative reference bureau.
Section 14 ATCP 42.06 (3) is amended to read:
ATCP 42.06 (3) Single-ingredient feeds. Product names for single-ingredient commercial feeds shall be consistent with the feed ingredient definitions specified in the 201518 Official Publication of the Association of American Feed Control Officials.
