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March 16, 2020 - Offered by Senator Jacque.
AB753-SA1,1,11 At the locations indicated, amend the bill as follows:
AB753-SA1,1,4 21. Page 1, line 4: on page 1, line 2 of the material inserted by assembly
3amendment 3, delete “of fertilizer" and substitute “and labeling of fertilizers and soil
4or plant additives produced from manure".
AB753-SA1,1,6 52. Page 3, line 8: before the material inserted by assembly amendment 2 and
6assembly amendment 3, after that line insert:
AB753-SA1,1,7 7 Section 5c. 94.64 (1) (a) of the statutes is renumbered 94.64 (1) (ar).
AB753-SA1,5d 8Section 5d. 94.64 (1) (ag) of the statutes is created to read:
AB753-SA1,1,119 94.64 (1) (ag) “Beneficial substance” means a substance other than a plant
10nutrient that improves the nourishment of cultivated plants or improves the
11physical, chemical, or biological properties of soil.
AB753-SA1,5e 12Section 5e. 94.64 (1) (u) of the statutes is created to read:
AB753-SA1,2,2
194.64 (1) (u) “Vermicompost” means a mixture of composted materials and
2worm castings produced from a composting process that uses earthworms.
AB753-SA1,5f 3Section 5f. 94.64 (2) (f) of the statutes is created to read:
AB753-SA1,2,74 94.64 (2) (f) Notwithstanding pars. (a) 3. and 4., (b) 5. and 6., and (e), all of the
5following apply to a label or written or printed invoice or statement pertaining to a
6fertilizer produced from converting unmanipulated animal or vegetable manure into
7compost or vermicompost and their derivatives:
AB753-SA1,2,98 1. The label, invoice, or statement is not required to contain a grade or
9guaranteed analysis for a plant nutrient.
AB753-SA1,2,1310 2. The label, invoice, or statement may make representations about the amount
11of plant nutrients contained in the fertilizer if the truthfulness of the representations
12is substantiated by a typical analysis, as defined in s. 94.65 (1) (fm), or other
13scientifically validated analytical method.
AB753-SA1,2,1714 3. The label, invoice, or statement may make representations about the amount
15of beneficial substances contained in the fertilizer if the truthfulness of the
16representations is substantiated by a typical analysis, as defined in s. 94.65 (1) (fm),
17or other scientifically validated analytical method.
AB753-SA1,5g 18Section 5g. 94.64 (3m) (a) (intro.) of the statutes is amended to read:
AB753-SA1,2,2119 94.64 (3m) (a) (intro.) No person may distribute mixed fertilizer in which the
20sum of the guarantees for nitrogen, available phosphate, and soluble potash totals
21less than 24 percent unless any of the following applies:
AB753-SA1,5h 22Section 5h. 94.64 (3m) (a) 1. of the statutes is amended to read:
AB753-SA1,2,2423 94.64 (3m) (a) 1. The mixed fertilizer is exempted from this requirement by
24department rule; or under sub. (9) (g).
AB753-SA1,5i 25Section 5i. 94.64 (3m) (a) 3. of the statutes is created to read:
AB753-SA1,3,3
194.64 (3m) (a) 3. The mixed fertilizer is produced from converting
2unmanipulated animal or vegetable manure into compost or vermicompost and their
3derivatives.”.
AB753-SA1,3,5 43. Page 3, line 8: before the material inserted by assembly amendment 2 and
5after the material inserted by assembly amendment 3, after that line insert:
AB753-SA1,3,6 6 Section 5o. 94.64 (9) (c) of the statutes is amended to read:
AB753-SA1,3,117 94.64 (9) (c) Governing methods of sampling, testing, examining and analyzing
8fertilizer, except that no rule under this paragraph may exclude the use of typical
9analysis, as defined in s. 94.65 (1) (fm), or other scientifically validated analytical
10methods for substantiating the truthfulness of representations made under sub. (2)
11(f) 2. or 3
.
AB753-SA1,5q 12Section 5q. 94.65 (1) (bm) of the statutes is created to read:
AB753-SA1,3,1613 94.65 (1) (bm) “Compost-based soil or plant additive” means a soil or plant
14additive that is produced from converting unmanipulated animal or vegetable
15manure into compost or vermicompost, as defined in s. 94.64 (1) (u), and their
16derivatives.
AB753-SA1,5s 17Section 5s. 94.65 (1) (fm) of the statutes is created to read:
AB753-SA1,3,1918 94.65 (1) (fm) “Typical analysis” means an analysis of contents that is based
19on the average amount of substances contained.
AB753-SA1,5u 20Section 5u. 94.65 (4) (a) (intro.) of the statutes is amended to read:
AB753-SA1,3,2321 94.65 (4) (a) (intro.) As a condition to the issuance of a permit or amended
22permit under sub. (3), the department, subject to sub. (5m), may require that the
23applicant substantiate, by scientific evidence:
AB753-SA1,5w 24Section 5w. 94.65 (4) (b) of the statutes is amended to read:
AB753-SA1,4,5
194.65 (4) (b) The Subject to sub. (5m) (a), the department may require that the
2substantiation under par. (a) 1. include replicable results of controlled experimental
3studies using the soil or plant additive, the names and qualifications of the
4researchers performing the studies and a complete description of the conditions and
5procedures of the studies.
AB753-SA1,5y 6Section 5y. 94.65 (5m) of the statutes is created to read:
AB753-SA1,4,97 94.65 (5m) Compost-based soil or plant additives. (a) The department may
8not require that the substantiation under sub. (4) (a) and (b) related to a
9compost-based soil or plant additive include a controlled experimental field test.
AB753-SA1,4,1410 (b) If the truthfulness of a statement on a proposed soil or plant additive label
11or in a permit or amended permit application is substantiated by a typical analysis
12and the proposed soil or plant additive is a compost-based soil or plant additive, the
13department may not require the truthfulness of the statement to be substantiated
14by a guaranteed analysis.
AB753-SA1,4,1715 (c) Notwithstanding sub. (5) (f), if a compost-based soil or plant additive is
16labeled with a typical analysis of its contents, the compost-based soil or plant
17additive is not required to be labeled with a guaranteed analysis of its contents.”.
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