Wisconsin Legislature: 001 - CR 18-019 Rule Text

(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.

Section 5 ATCP 40.04 (4) (b) and (c) are amended to read:

(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 6 ATCP 40.06(1) is amended to read:

(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:

Section 7 ATCP 40.06 (2) (f) is amended to read:

(f) An agricultural chemical cleanup surcharge of 44 11 cents per ton, or the adjusted amount under s. 94.73(15).

Section 8 ATCP 40.06 (5) is amended to read

(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 9 ATCP 40.08 (8) and (Note) are amended to read:

(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 71 (20152018).

Note: The Official Publication of the Association of American Plant Food Control Officials, No. 68 71 (20152018) 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 40.10 (4) (b) 2. and (Note) are amended to read:

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 71 (20152018).

Section 11 ATCP 40.12 (2) (c) 1. and (Note) are amended to read:

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 71 (2015 2018).

Section 12 ATCP 40.16 (2) and (Note) are amended to read:

(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 (2003 2016).

Note: The “Official Methods of Analysis of AOAC International," volume I, 17 20th edition as updated by the 2nd revision (2003 2016) 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 13 ATCP 40.18 (2) and (Note) are amended to read:

(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 71 (2018), statement of uniform interpretation and policy number 25, (2015).

Note: Statement of uniform interpretation and policy number 25, from the The Official Publication of the Association of American Plant Food Control Officials, No. 68 71 (20152018), which contains the statement of uniform interpretation and policy number 25, 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 14 ATCP 40.20 (1) is amended to read:

(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 15 ATCP 40.22 (1) and (1) (a) are amended to read:

(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.

Section 16 ATCP 40.22 (4) is amended to read:

(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 17 ATCP 40.26 (5) and (Note) are amended to read:

(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, 12th 15th 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, 12th 15th edition (19962013) is on file with the department and the legislative reference bureau.

Section 18 ATCP 40.28 (2) (g)1. and (Note) are amended to read:

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 (20032016) is on file with the department and the legislative reference bureau.

Section 19 ATCP 42.06 (3) is amended to read:

(3) Single-ingredient feeds. Product names for single-ingredient commercial feeds shall be consistent with the feed ingredient definitions specified in the 2015 2018 Official Publication of the Association of American Feed Control Officials.

Section 20 ATCP 42.16 (1) (b) is amended to read:

(b) Paragraph (a) does not apply to a commercial feed which is defined as a single ingredient feed product by the 2015 2018 Official Publication of the Association of American Feed Control Officials.

Section 21 ATCP 42.16 (2) (b) is amended to read:

(b) The official name of that ingredient as stated in the 2015 2018 Official Publication of the Association of American Feed Control Officials.

Section 22 ATCP 42.32 (2) (b) is amended to read:

(b) The official name of that ingredient as stated in the 2015 2018 Official Publication of the Association of American Feed Control Officials.

Section 23 ATCP 42.40 (4) (b) is amended to read:

(b) By a testing procedure published in the 2015 2018 Official Publication of the Association of American Feed Control Officials.

Section 24 ATCP 42.44 (6) (a) and (b) are amended to read:

(a) The dog or cat food, when fed in recommended amounts, meets all nutrient requirements established in applicable pet nutrient profiles specified in the 2015 2018 Official Publication of the Association of American Feed Control Officials.

(b) The dog or cat food is adequate as a sole source of nourishment for dogs or cats when fed according to label directions and according to feeding protocols for dogs and cats specified in the 2015 2018 Official Publication of the Association of American Feed Control Officials.

Section 25 ATCP 42.48 (2) (a) 6. is amended to read:

6. Nutrient Requirements of Beef Cattle (7th 8th revised edition, 1996, update 2000 2016).

Section 26 ATCP 42.54 (1) (a) is amended to read:

(a) The non-protein nitrogen ingredients are identified in the 2015 2018 Official Publication of the Association of American Feed Control Officials.

Section 26. ATCP 65.23 (1) (a) is amended to read:

(a) A grade A dairy plant that is a qualified facility shall comply with the requirements of 21 CFR 117 Subparts A, B and E, and 21 CFR 117.201.

Section 27. ATCP 65.23 (2) (a) and (b) are amended to read:

(a) A grade B dairy plant that is a qualified facility shall comply with the requirements of 21 CFR 117 Subparts A, B, E and F, and 21 CFR 117.201.

(b) A grade B dairy plant that is a facility shall comply with the requirements of 21 CFR 117 Subparts A, B, C, F, and G.

Section 28. ATCP 71.02 (11) (a), (b) and (c) are amended to read:

(a) A food warehouse which is also a qualified facility shall comply with the requirements of this chapter and 21 CFR 117 Subparts A, B, E, and F, and 21 CFR 117.5(a).

(b) A food warehouse that is a facility, but is not a qualified facility, and only stores unexposed packaged potentially hazardous food shall comply with the requirements of this chapter, and 21 CFR 117.7 117 Subparts A, B, E, and F and 117.206.

(c) A food warehouse that is a facility, but is not a qualified facility, and stores exposed food shall comply with the requirements of this chapter and 21 CFR 117, Subparts A, B, C, F, and G.

Section 29. ATCP 72, TABLE OF CONTENTS, is amended to read:

HOTELS, MOTELS, AND TOURIST ROOMING HOUSES

ATCP 72.01 Authority and purpose.

ATCP 72.02 Scope of rules.

ATCP 72.03 Definitions.

ATCP 72.04 Permits Licenses.

ATCP 72.05 Department fees.

ATCP 72.06 Enforcement.

ATCP 72.07 Suspension or revocation of permit licenses.

ATCP 72.08 Appeals of actions by the department.

ATCP 72.09 Appeals of actions by agent health departments.

ATCP 72.10 Water supply and waste disposal.

ATCP 72.11 Furnishings, equipment and utensils.

ATCP 72.12 Food.

ATCP 72.13 Employee health.

ATCP 72.14 Building structure and safety.

ATCP 72.145 Carbon monoxide detectors.

ATCP 72.15 Maintenance.

ATCP 72.16 Registration of guests.