Chapter ATCP 40

ATCP 40.02(16) (16) “Inert ingredient” means a component that does not affect product efficacy or performance.

ATCP 40.02(17) (17) “Label” means a written, printed, graphic, or pictorial statement that is one of the following:

ATCP 40.02(17)(a) (a) Part of, or attached to, a package containing fertilizer or a soil or plant additive.

ATCP 40.02(17)(b) (b) Used to identify, for distribution or storage, a bulk fertilizer or a bulk soil or plant additive.

ATCP 40.02(18) (18) “Labeling” means labels and other written, graphic or pictorial statements that accompany a fertilizer or a soil or plant additive, or that promote the sale or distribution of fertilizer or soil or plant additives. “Labeling” includes advertising and website materials that promote the sale or distribution of a fertilizer or soil or plant additive.

ATCP 40.02(19) (19) “Landowner” has the meaning given in s. ATCP 50.01 (15).

ATCP 40.02(20) (20) “Manipulated manure” means manure that is ground, pelletized, mechanically dried, packaged, supplemented with plant nutrients or other substances, or otherwise treated in a manner designed to facilitate sale or distribution as a fertilizer or soil or plant additive. “Manipulated manure” does not include unpackaged manure that is modified solely as an incidental result of normal on-farm practices such as the following:

ATCP 40.02(20)(a) (a) Addition of bedding, sand, or water for purposes of animal husbandry or barn cleaning.

ATCP 40.02(20)(b) (b) Shredding, grinding, or agitating for purposes of manure handling or removal from a manure storage system.

ATCP 40.02(20)(c) (c) Drying incidental to mechanical ventilation of animal confinement areas.

ATCP 40.02(21) (21) “Manufacture” means any of the following:

ATCP 40.02(21)(a) (a) To process, granulate, compound, formulate, produce, mix, blend, or alter the composition of a fertilizer, fertilizer material, or soil or plant additive for distribution.

ATCP 40.02(21)(b) (b) To package or label, for distribution, a fertilizer, fertilizer material, or soil or plant additive.

ATCP 40.02(22) (22) “Micronutrient” means boron, chlorine, copper, iron, manganese, molybdenum, nickel, or zinc.

ATCP 40.02(23) (23) “Mixed fertilizer” means a fertilizer containing any combination or mixture of fertilizer materials, or a fertilizer material and any other substance. A fertilizer material containing impurities inherent in the manufacture of that fertilizer material does not constitute a “mixed fertilizer” unless the distributor claims that the impurities are plant nutrients, fertilizer materials, or soil or plant additives.

ATCP 40.02(24) (24) “Nonagricultural fertilizer” means a fertilizer designed, labeled, and distributed for non-farm use, including use for home gardens, lawns, shrubbery, flowers, golf courses, parks, cemeteries, greenhouses, nurseries, or scientific research or experimentation.

ATCP 40.02(25) (25) “Nutrient management plan” means a plan that complies with s. ATCP 50.04 (3).

ATCP 40.02(26) (26) “Packaged fertilizer” means a fertilizer that is sold in a closed package or container. “Packaged fertilizer” includes packaged custom mixed fertilizer.

ATCP 40.02(27) (27) “Packaged soil or plant additive” means a soil or plant additive that is sold in a closed package or container.

ATCP 40.02(28) (28) “Percent” or “percentage” means percentage by weight.

ATCP 40.02(29) (29) “Pesticide” has the meaning given in s. 94.67, Stats. “Pesticide” includes a fertilizer-pesticide combination and a pesticide-additive combination.

ATCP 40.02(30) (30) “Pesticide-additive combination” means a pesticide combined with a soil or plant additive.

ATCP 40.02(31) (31) “Plant nutrient” or “nutrient” means any of the following:

ATCP 40.02(31)(a) (a) A primary plant nutrient.

ATCP 40.02(31)(b) (b) A secondary plant nutrient.

ATCP 40.02(31)(c) (c) A micronutrient.

ATCP 40.02(32) (32) “Primary plant nutrient” means nitrogen (N), available phosphate (P2O5), or soluble potash (K2O).

ATCP 40.02(33) (33) “Product” means a fertilizer or a soil or plant additive.

ATCP 40.02(34) (34) “Product name” means a name, designation or trademark that identifies a product.

ATCP 40.02(35) (35) “Ready-to-use liquid fertilizer” means a liquid fertilizer that is designed and labeled to be applied without prior mixing or dilution by the user.

ATCP 40.02(36) (36) “Represent” means to state or imply by any means, including any oral, written, graphic or broadcast means.

ATCP 40.02(37) (37) “Scientific evidence” means evidence that is logically derived from controlled experiments designed, conducted and reported according to the scientific method, using relevant experimental and statistical analytical procedures that are generally recognized and defensible as valid and appropriate among peers in the relevant scientific community. Testimonials are not “scientific evidence.”

ATCP 40.02(38) (38) “Secondary plant nutrient” means calcium, magnesium or sulfur.

ATCP 40.02(39) (39) “Sewage” has the meaning given in s. 281.01 (13), Stats.

ATCP 40.02(40) (40) “Sewage sludge” means the solid, semi-solid, or liquid residue generated during the treatment of sewage in a treatment works. Sewage sludge includes scum or solids recovered in primary, secondary, or advanced wastewater treatment processes, and also includes material derived from sewage sludge. Sewage sludge does not include ash generated during the firing of a sewage sludge incinerator, or grit or screenings generated during preliminary treatment of domestic sewage in a treatment works.

ATCP 40.02(41) (41) “Soil or plant additive” or “additive” means a substance, intended for application to seeds, soil, or plants, that is designed for use or claimed to have value in promoting or sustaining plant growth, improving crop yield or quality, promoting or sustaining the fertility of soil, or favorably modifying the structural, physical, or biological properties of the soil for agronomic or horticultural purposes. “Soil or plant additive” includes a combination product containing a soil or plant additive, and also includes any product represented to contain humate, humin, humic acid, fulvic acid, or other humic substances. “Soil or plant additive” does not include any of the following:

ATCP 40.02(41)(a) (a) Fertilizer, other than a fertilizer-additive combination. A fertilizer is not considered a fertilizer-additive combination merely because its guaranteed analysis includes guarantees under s. ATCP 40.10 for cobalt or sodium.

ATCP 40.02(41)(b) (b) Liming material that is distributed solely for the purposes stated in s. 94.66 (1) (am), Stats., and is not part of a combination product.

ATCP 40.02(41)(c) (c) Wood ashes, unmanipulated animal manure, or unmanipulated vegetable manure. This exemption does not apply to wood ashes or manure distributed under another name or description.

ATCP 40.02(41)(d) (d) A pesticide registered under 7 USC 136 or by the department, other than a pesticide-additive combination.

ATCP 40.02(41)(e) (e) Mulches distributed only as soil covers or weed barriers.

ATCP 40.02(41)(f) (f) Perlite labeled as perlite, or vermiculite labeled as vermiculite, that is not mixed with any other substance.

ATCP 40.02(41)(g) (g) Potting soil or similar mixtures of readily identifiable organic substances, unless labeled with performance claims associated with its use as a soil amendment.

ATCP 40.02(41)(h) (h) Compost, peat moss, tree bark, wood shavings, and other readily identifiable organic substances that are commonly applied to soil, provided that all the following apply:

ATCP 40.02(41)(h)1. 1. The substance is distributed under its common name. Composts must identify the material composted, such as animal manure, yard waste, or urban refuse.

ATCP 40.02(41)(h)2. 2. The product labeling does not make performance claims related to plant growth, plant health, crop yield or soil fertility.

ATCP 40.02(41)(i) (i) Seed, labeled according to ch. ATCP 20, that has been treated or coated with a soil or plant additive. This exemption does not apply to any of the following:

ATCP 40.02(41)(i)1. 1. Substances sold for later application to seed.

ATCP 40.02(41)(i)2. 2. Substances, containing seeds or seed parts, that are sold as soil or plant additives.

ATCP 40.02(41)(j) (j) An adjuvant sold only to improve the mixing, handling, or application of fertilizers or pesticides. This exemption does not apply if a distributor makes any other benefit claims for the adjuvant, other than a precautionary written statement on the product label that says the adjuvant may increase the contact effects of products applied with it.

ATCP 40.02(41)(k) (k) Sewage sludge other than a finished sewage sludge product.

ATCP 40.02(42) (42) “Special agricultural-use fertilizer” means a fertilizer that is any of the following:

ATCP 40.02(42)(a) (a) Designed and labeled to remedy only plant nutrient deficiencies unique to certain agricultural crops or local Wisconsin agricultural areas.

ATCP 40.02(42)(b) (b) Designed and labeled solely for organic crop production.

ATCP 40.02(43) (43) “Substantiate” means to demonstrate clearly and convincingly, with satisfactory and sufficient evidence.

ATCP 40.02(44) (44) “Unmanipulated animal or vegetable manure” means animal or vegetable manure that is not manipulated.

ATCP 40.02(45) (45) “Wisconsin conditions” means plant growing conditions, including conditions related to soil, climate, growing season, plant species, plant varieties, and plant growing practices, that are similar or identical to those commonly found in Wisconsin.

ATCP 40.02(46) (46) “Working days” means the days designated in s. 230.35 (4), Stats.

ATCP 40.02 History History: CR 04-140: cr. Register September 2005 No. 597, eff. 10-1-05.

subch. II of ch. ATCP 40 Subchapter II — Fertilizer

ATCP 40.04 ATCP 40.04 Fertilizer license.

ATCP 40.04(1) (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 September 30 of each year.

ATCP 40.04 Note Note: Since a license is not transferable between persons, a license holder must re-apply for a license if it changes its legal identity.

ATCP 40.04(2) (2) License exemptions. Subsection (1) does not apply to a person who does only the following:

ATCP 40.04(2)(a) (a) Distributes fertilizer materials to a licensed fertilizer manufacturer for further manufacturing.

ATCP 40.04(2)(b) (b) Distributes packaged fertilizer in its original package, as packaged and labeled by a person who holds a fertilizer license under sub. (1) and a product permit if required for that fertilizer under s. ATCP 40.12. A person does not qualify for this exemption if the person makes any additional content or performance claims for the packaged fertilizer.

ATCP 40.04(2)(c) (c) Distributes bulk fertilizer obtained from a supplier licensed under sub. (1) if all of the following apply:

ATCP 40.04(2)(c)1. 1. The person does not mix or blend bulk fertilizer, except to combine identically labeled lots of bulk fertilizer received from the same licensed supplier.

ATCP 40.04(2)(c)2. 2. The bulk fertilizer bears the label information provided by the licensed supplier, including the supplier’s name, product name, fertilizer grade, and guaranteed analysis.

ATCP 40.04(3) (3) License application. A person shall apply for an annual fertilizer license on a form provided by the department. A license application shall include all of the following:

ATCP 40.04(3)(a) (a) The applicant’s correct legal name, and any trade name under which the applicant does business.

ATCP 40.04(3)(b) (b) The applicant’s social security number if the applicant is an individual. If the applicant is a partnership, the application shall include the social security number of each individual partner.

ATCP 40.04 Note Note: A social security number is required under s. 93.135 (1) (cm), Stats.

ATCP 40.04(3)(c) (c) Each address from which the applicant proposes to do business in this state.

ATCP 40.04(3)(d) (d) Each address and mobile unit at which the applicant proposes to manufacture fertilizer in this state. Before adding a manufacturing location or mobile manufacturing unit during a license year, a license holder shall obtain an additional license for that location or unit.

ATCP 40.04(3)(e) (e) The fees and surcharges required under sub. (4).

ATCP 40.04(3)(f) (f) A current list of fertilizer products which the applicant proposes to manufacture or distribute, and for which the applicant is required to have permits under s. ATCP 40.12. The application shall include a current label for each of those products.

ATCP 40.04 Note Note: A license under sub. (1) does not authorize the license holder to manufacture or distribute a fertilizer product for which a permit is required under s. ATCP 40.12 unless the license holder also holds that permit.

ATCP 40.04(3)(g) (g) Other relevant information required by the department.

ATCP 40.04(4) (4) License fees. A person applying for an annual fertilizer license shall pay the following fees and surcharges:

ATCP 40.04(4)(a) (a) A $30 license fee for each business location and each mobile unit at which the applicant proposes to manufacture fertilizer in this state. If the applicant distributes but does not manufacture fertilizer in this state, the applicant shall pay a single license fee of $30.

ATCP 40.04(4)(b) (b) Except as adjusted under s. 94.73 (15), Stats., a $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 $20.

ATCP 40.04(4)(c) (c) A late renewal fee equal to 20% of the combined license fees and surcharges required under pars. (a) and (b), if the applicant fails to apply for a renewal license before the prior year’s license expires.

ATCP 40.04 Note Note: The late fee under par. (c) is required by s. 93.21, Stats.

ATCP 40.04(5) (5) Action on license application.

ATCP 40.04(5)(a) (a) Except as provided in par. (d), the department shall grant or deny a license application under sub. (3) within 45 working days after the department receives a complete application.

ATCP 40.04(5)(b) (b) The department may place conditions on a license. If the department denies a license or issues a license with conditions, the department shall give the applicant written notice of its reasons.

ATCP 40.04(5)(c) (c) A license holder may not distribute a fertilizer for which a permit is also required under s. ATCP 40.12, unless the license holder also holds that permit.

ATCP 40.04(5)(d) (d) If a license applicant does not manufacture fertilizer in Wisconsin, but seeks a license only to distribute a fertilizer for which a permit is required under s. ATCP 40.12, the department may grant or deny the license application when it grants or denies the permit application.