Chapter ATCP 40

Chapter ATCP 40

FERTILIZER AND RELATED PRODUCTS

Subchapter I — General Provisions

ATCP 40.01   Purpose.

ATCP 40.02   Definitions.

Subchapter II — Fertilizer

ATCP 40.04   Fertilizer license.

ATCP 40.06   Fertilizer; tonnage reports and fees.

ATCP 40.08   Fertilizer labeling.

ATCP 40.10   Fertilizer; guaranteed analysis.

ATCP 40.12   Fertilizer permits.

ATCP 40.14   Fertilizer content deficiencies.

ATCP 40.16   Fertilizer sampling and analysis.

ATCP 40.18   Fertilizer; toxic substances.

Subchapter III — Soil or Plant Additives

ATCP 40.20   Soil or plant additives; license.

ATCP 40.22   Soil or plant additives; tonnage reports and fees.

ATCP 40.24   Soil or plant additives; labeling.

ATCP 40.26   Soil or plant additives; guaranteed analysis.

ATCP 40.28   Soil or plant additives; permits.

ATCP 40.30   Soil or plant additives; content deficiencies.

ATCP 40.32   Soil or plant additives; sampling and testing.

ATCP 40.34   Soil or plant additives; toxic substances.

Subchapter IV — Reviewing Permit Applications

ATCP 40.40   Complete application.

ATCP 40.42   Initial review of permit application.

ATCP 40.44   Action on permit application.

ATCP 40.46   Supplementary review.

ATCP 40.48   Scientific substantiation.

ATCP 40.50   Withdrawing or modifying a permit application.

ATCP 40.52   Permit reconsideration.

Subchapter V — Prohibitions

ATCP 40.54   Prohibitions.

Subchapter VI — Enforcement and Appeals

ATCP 40.56   License or permit action.

ATCP 40.58   Stop sale and holding orders.

ATCP 40.60   Court enforcement.

ATCP 40.62   Administrative appeals.

Ch. ATCP 40 Note Note: Chapter ATCP 40 as it existed on September 30, 2005 was repealed and a new chapter ATCP 40 was created effective October 1, 2005.

subch. I of ch. ATCP 40 Subchapter I — General Provisions

ATCP 40.01 ATCP 40.01 Purpose. This chapter has the following purposes:

ATCP 40.01(1) (1) To protect Wisconsin consumers, including farmers and household users, against unfair and deceptive practices in the sale of fertilizers or soil or plant additives.

ATCP 40.01(2) (2) To protect honest businesses against unfair and deceptive methods of competition.

ATCP 40.01(3) (3) To prevent certain hazards to persons, property, and the environment.

ATCP 40.01 Note Note: See s. 94.64, Stats. (fertilizer), s. 94.65, Stats. (soil or plant additives), s. 100.18, Stats. (fraudulent representations), s. 100.37, Stats. (hazardous substances), s. 100.42, Stats. (product safety), and ch. ATCP 139 (consumer product safety).

ATCP 40.01 History History: CR 04-140: cr. Register September 2005 No. 597, eff. 10-1-05.

ATCP 40.02 ATCP 40.02 Definitions. In this chapter:

ATCP 40.02(1) (1) “Active ingredient” means an element, chemical compound, or other substance that affects the efficacy, usefulness, or performance of a fertilizer, or soil or plant additive. “Active ingredient” includes all of the following:

ATCP 40.02(1)(a) (a) A plant nutrient.

ATCP 40.02(1)(b) (b) A living microorganism.

ATCP 40.02(1)(c) (c) Any other component declared, or required to be declared under this chapter, as an active ingredient on the product label.

ATCP 40.02(2) (2) “Bulk fertilizer” or “bulk soil or plant additive” means a fertilizer or soil or plant additive that is distributed in unpackaged form, or in a container that holds more than 55 gallons of liquid or 100 lbs. of dry material.

ATCP 40.02(3) (3) “Combination product” means any of the following:

ATCP 40.02(3)(a) (a) A fertilizer-additive combination.

ATCP 40.02(3)(b) (b) A fertilizer-pesticide combination.

ATCP 40.02(3)(c) (c) A pesticide-additive combination.

ATCP 40.02(3)(d) (d) A fertilizer or soil or plant additive combined with seed.

ATCP 40.02(3)(e) (e) A fertilizer or soil or plant additive combined with liming material.

ATCP 40.02(4) (4) “Custom mixed fertilizer” means a fertilizer that a manufacturer mixes for a retail customer according to individual specifications provided by the retail customer.

ATCP 40.02(5) (5) “Department” means Wisconsin department of agriculture, trade and consumer protection.

ATCP 40.02(6) (6) “Distribute” means to import, consign, sell, offer for sale, solicit orders for sale, or supply for sale or use in this state. “Distribute” does not include the sale or delivery of manure represented only as manure, by the person who owns or operates the farm that produces the manure, for application on any of the following:

ATCP 40.02(6)(a) (a) Land owned or controlled by that person.

ATCP 40.02(6)(b) (b) Land covered by a nutrient management plan under s. ATCP 50.04 (3).

ATCP 40.02(7) (7) “Enhancing element” means aluminum, cobalt, selenium, silicon, or sodium.

ATCP 40.02(8) (8) “Fertilizer” means any substance that contains one or more plant nutrients, is used for its plant nutrient content, and is designed for use or claimed to have value in promoting plant growth. “Fertilizer” includes agricultural and nonagricultural fertilizers, fertilizer materials, mixed fertilizers, custom mixed fertilizers, and combination products containing fertilizer. “Fertilizer” does not include unmanipulated animal or vegetable manure, marl, liming material, wood ashes, or sewage sludge other than finished sewage sludge products.

ATCP 40.02(9) (9) “Fertilizer-additive combination” means a fertilizer combined with a soil or plant additive, or a fertilizer that is represented as having plant growth benefits beyond those attributable to the fertilizer’s plant nutrient contents. “Fertilizer-additive combination” includes a fertilizer that is represented to contain enhancing elements other than cobalt or sodium.

ATCP 40.02(10) (10) “Fertilizer material” means a substance that meets all of the following criteria: