ATCP 40.08 NoteNote: See ch. SPS 343 and ch. ATCP 33 related to anhydrous ammonia systems and bulk storage of fertilizer. ATCP 40.08(3)(a)(a) Fertilizer-additive combinations shall be labeled according to this section and s. ATCP 40.24. The label format shall be as shown in Appendix A. ATCP 40.08(3)(b)(b) Fertilizer-pesticide combinations that are not custom mixed shall be labeled according to this section and s. ATCP 29.06. ATCP 40.08(3)(c)(c) Fertilizer-pesticide combinations that are custom mixed shall be labeled according to this section. A person who sells or distributes a custom mixed fertilizer-pesticide combination shall provide all of the following to the person who receives that product from the seller or distributor: ATCP 40.08(3)(c)2.2. The product’s written formula. The formula shall identify all of the pesticides and other ingredients contained in the product, together with the amount by weight of each ingredient. ATCP 40.08(3)(e)(e) Fertilizer-liming material combinations shall be labeled according to this section and ch. ATCP 41. ATCP 40.08(3)(f)(f) Combination products shall be labeled with all the following: ATCP 40.08(3)(f)2.2. Complete use directions to ensure efficacy, usefulness, and safety, under Wisconsin conditions, for each purpose identified under subd. 1. Use directions shall include recommended application sites, rates, frequency, timing, and methods. ATCP 40.08(3)(g)(g) A combination product label shall accurately state the contents of the combination product, not just the components of the combination product. ATCP 40.08(4)(a)(a) A fertilizer label shall include a caution statement if the fertilizer may be toxic to plants or animals when the fertilizer is handled or applied under reasonably foreseeable use conditions. The label shall warn the user of the potential hazard, and shall explain how to prevent or minimize the hazard. ATCP 40.08(4)(b)(b) Labels for fertilizer products, other than fertilizer-pesticide combination products, shall comply with ch. ATCP 139 and ss. 100.37 and 100.42, Stats., as applicable. ATCP 40.08 NoteNote: For example, boron, molybdenum, and nickel may be toxic to crops and crop-consuming animals when applied at excessive rates or at inappropriate sites. Fertilizers containing these substances may need caution statements to prevent or minimize toxicity hazards. Chapter ATCP 139 and ss. 100.37 and 100.42, Stats., regulate consumer product safety and hazardous substances (pesticides are separately regulated under ss. 94.67-71, Stats.). See also sub. (5) and s. ATCP 40.18. ATCP 40.08(5)(a)(a) Except as provided in par. (b), a foliar fertilizer label shall disclose all of the following: ATCP 40.08(5)(a)1.1. The purposes for which the labeler claims that foliar application is effective and useful. ATCP 40.08(5)(a)2.2. Complete use directions to ensure that foliar application will be effective and useful for each recommended purpose, under Wisconsin conditions. Use directions shall identify recommended application sites, rates, frequency, timing, and methods. ATCP 40.08(5)(b)(b) Paragraph (a) does not apply if the foliar fertilizer label includes all of the following that apply: ATCP 40.08(5)(b)1.1. The following clear and conspicuous written statement if the fertilizer label guarantees primary plant nutrients: “Foliar fertilization with primary nutrients will not provide the quantities of nutrients required for normal plant growth. This product may cause foliar burn if applied in higher than recommended rates or concentrations. Use only as a supplement to a regular fertilization program.”
ATCP 40.08(5)(b)2.2. The following clear and conspicuous written statement if the fertilizer label guarantees secondary nutrients or micronutrients: “Foliar fertilization can be an effective remedy for diagnosed plant deficiencies of secondary nutrients and micronutrients, but may cause plant damage if applied at more than recommended rates or concentrations. Use of this product is recommended only as a supplement to a regular fertilization program and only on plants with confirmed secondary nutrient or micronutrient deficiencies.”
ATCP 40.08(6)(a)(a) The label of a fertilizer product for which a permit is required under s. ATCP 40.12 (1) shall clearly disclose all of the following: ATCP 40.08(6)(a)2.2. Use directions to ensure effectiveness, under Wisconsin conditions, for each recommended purpose. Use directions for non-agricultural fertilizers shall identify recommended application sites, rates, frequency, timing, and methods. ATCP 40.08(6)(b)(b) The department may require supplementary label disclosures if the department finds that, in the absence of those disclosures, the label statements under par. (a) may be deceptive or misleading. A failure to require supplementary disclosures does not constitute a finding, by the department, that the product is properly labeled. ATCP 40.08 NoteNote: For example, if a label implies that a product is effective for an entire season, but the product does not provide enough nutrients for season-long effectiveness when applied according to label directions, the department might require supplementary disclosures to remedy the deceptive or misleading implication. Disclosures might include, for example, a limitation of efficacy claims or a disclosure of nutrient amounts compared to annual plant nutrient needs.
ATCP 40.08(7)(a)1.1. Relevant and reliable information to substantiate all fertilizer labeling, including any claim or guarantee related to fertilizer contents. The person shall have substantiation for each labeling statement before making that statement. Testimonials are not reliable information under this subdivision. ATCP 40.08(7)(a)2.2. Relevant scientific evidence to substantiate every performance claim made for a fertilizer product for which a permit is required under s. ATCP 40.12 (1). Performance claims include implied warranties, if any, under s. ATCP 40.12 (6). The scientific evidence shall substantiate each performance claim under Wisconsin conditions, assuming that the product is applied for recommended purposes according to label directions. The person shall have that scientific evidence before making the performance claim. Testimonials are not scientific evidence under this subdivision. ATCP 40.08(7)(b)(b) The department may require a person to submit substantiating information under par. (a). The department may require the person to submit the information before or after the department issues a license under s. ATCP 40.04 or a permit under s. ATCP 40.12. The issuance of a license or permit does not create any finding or presumption that the license or permit holder has complied with par. (a). ATCP 40.08(8)(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. 71 (2018). ATCP 40.08 NoteNote: The Official Publication of the Association of American Plant Food Control Officials, No. 71 (2018) 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. ATCP 40.10ATCP 40.10 Fertilizer; guaranteed analysis. ATCP 40.10(1)(a)(a) A fertilizer label shall contain a guaranteed analysis that complies with this section. A guaranteed analysis may guarantee any plant nutrients or enhancing elements identified in sub. (2), and shall guarantee at least one of the plant nutrients identified in sub. (2). Each guarantee shall be expressed as a minimum guaranteed percentage by weight of the fertilizer. ATCP 40.10 NoteNote: All of the materials identified in sub. (2), except cobalt and sodium, are plant nutrients. Cobalt and sodium are “enhancing elements.” See ATCP 40.02 (7).
ATCP 40.10(1)(b)1.1. That a fertilizer contains any plant nutrient unless that plant nutrient is identified in sub. (2) and in the guaranteed analysis under par. (a). ATCP 40.10(1)(b)2.2. That a fertilizer contains the enhancing element cobalt or sodium unless that enhancing element is included in the guaranteed analysis under par. (a). ATCP 40.10(1)(b)3.3. That a fertilizer contains an enhancing element other than cobalt or sodium, unless that enhancing element is guaranteed as a soil or plant additive ingredient under sub. (10). ATCP 40.10 NoteNote: A fertilizer that claims enhancing elements, other than cobalt and sodium, is considered a “fertilizer-additive combination.” See ATCP 40.02 (9).
ATCP 40.10(2)(a)(a) Except as provided in par. (b), no person may represent that a fertilizer contains any of the following plant nutrients or enhancing elements unless that plant nutrient or enhancing element is guaranteed at or above the following amount: Plant Nutrient Minimum Guarantee
Total Nitrogen (N) 1.0%
Available Phosphate (P2O5) 1.0%
Soluble Potash (K20) 1.0%
Calcium (Ca) 1.0%
Magnesium (Mg) 0.5%
Sulfur (S) 1.0%
Boron (B) 0.02%
Chlorine (Cl) 0.1%
Cobalt (Co) 0.0005%
Copper (Cu) 0.05%
Iron (Fe) 0.1%
Manganese (Mn) 0.05%
Molybdenum (Mo) 0.0005%
Nickel (Ni) 0.05%
Sodium (Na) 0.1%
Zinc (Zn) 0.05%
ATCP 40.10(2)(b)1.1. Ready-to-use liquid fertilizer labeled only for nonagricultural uses. ATCP 40.10(2)(b)2.2. Fertilizer labeled only for hydroponic or continuous plant feeding use. ATCP 40.10(2)(c)(c) Except as provided in sub. (6) (b) or (7), a fertilizer label may not identify any plant nutrient that has a guarantee of zero. ATCP 40.10(3)(3) Format. A guaranteed analysis shall appear in the following format: Guaranteed Analysis
Total Nitrogen (N) ___%
_____% Ammoniacal Nitrogen
_____% Nitrate Nitrogen
_____% Water Insoluble Nitrogen
_____% (Other recognized and determinable forms of nitrogen)
Available Phosphate (P2O5) ___%
Soluble Potash (K2O) ___%
Calcium (Ca) ___%
Magnesium (Mg) ___%
Sulfur (S) ___%
Boron (B) ___%
Chlorine (Cl) ___%
Cobalt (Co) ___%
