Chapter ATCP 40

ATCP 40.20(4) (4) License fees. A person applying for an annual soil or plant additive license shall pay the following fees and surcharges:

ATCP 40.20(4)(a) (a) A license fee of $25.

ATCP 40.20(4)(b) (b) A late renewal fee of $5 if the applicant fails to apply for a renewal license before the prior year’s license expires.

ATCP 40.20 Note Note: See s. 93.21, Stats.

ATCP 40.20(5) (5) Action on license application.

ATCP 40.20(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 40.20(5)(b) (b) The department may place conditions on a license. If the department denies a license application or issues a license with conditions, the department shall give the applicant written notice of the reasons.

ATCP 40.20(5)(c) (c) A license holder may not distribute a soil or plant additive for which a permit is required under s. ATCP 40.28 (1) unless the license holder also holds that permit.

ATCP 40.20(5)(d) (d) If a license applicant does not manufacture soil or plant additives in Wisconsin, but seeks a license only to distribute a soil or plant additive for which a permit is required under s. ATCP 40.28 (1), the department may grant or deny the license application when it grants or denies the permit application.

ATCP 40.20 History History: CR 04-140: cr. Register September 2005 No. 597, eff. 10-1-05; CR 18-019: am. (1) Register January 2020 No. 769, eff. 2-1-20.

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

ATCP 40.22(1) (1) Annual tonnage report and fee payment. By September 30 of each year, a person required to hold a license under s. ATCP 40.20 shall do all of the following:

ATCP 40.22(1)(a) (a) Report to the department the number of tons of each soil or plant additive the person distributed in this state 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.

ATCP 40.22(1)(b) (b) Pay fees and surcharges under sub. (2). The person shall include the payment with the tonnage report under par. (a).

ATCP 40.22(2) (2) Fee amounts. A person shall pay the following fees and surcharges on tonnage reported under sub. (1) (a):

ATCP 40.22(2)(a) (a) A basic fee of 25 cents per ton, or $25, whichever is greater.

ATCP 40.22(2)(b) (b) A research fee of 10 cents per ton, or $1, whichever is greater.

ATCP 40.22(2)(c) (c) A groundwater fee of 10 cents per ton, or $1, whichever is greater.

ATCP 40.22(3) (3) Combinations and fillers. A person shall include all of the following in the tonnage reported under sub. (1) (a):

ATCP 40.22(3)(a) (a) Combination products that contain a soil or plant additive, if any.

ATCP 40.22(3)(b) (b) All fillers, carriers, and fluids included with a soil or plant additive at the time of distribution.

ATCP 40.22(4) (4) Penalties for late filing. A person who fails to comply with sub. (1) by September 30 shall pay an additional fee of 10 percent of the tonnage fees due, but not less than $10.

ATCP 40.22 Note Note: The department may also suspend a license or permit for nonpayment of fees.

ATCP 40.22 History History: CR 04-140: cr. Register September 2005 No. 597, eff. 10-1-05; CR 18-019: am. (1) (intro.), (a), (4) Register January 2020 No. 769, eff. 2-1-20.

ATCP 40.24 ATCP 40.24 Soil or plant additives; labeling.

ATCP 40.24(1) (1) General. A soil or plant additive shall be clearly and conspicuously labeled with all of the following:

ATCP 40.24(1)(a) (a) The name and address of the manufacturer or distributor who is licensed under s. ATCP 40.20 and who also holds a permit for that product under s. ATCP 40.28 (1) if a permit is required.

ATCP 40.24(1)(b) (b) The product name of the soil or plant additive.

ATCP 40.24(1)(c) (c) The net weight or the liquid measure and density of the package or bulk delivery to which the label applies.

ATCP 40.24(1)(d) (d) The purposes for which the soil or plant additive is recommended and effective. This paragraph does not apply to a product that is distributed solely for organic crop production and qualifies for exemption under s. ATCP 40.28 (1) (b).

ATCP 40.24(1)(e) (e) Complete use directions to ensure that the product is effective for the purposes recommended in par. (d). Use directions shall identify recommended application sites, methods, rates, and frequencies. If effectiveness depends on use with other products, the label shall clearly disclose that fact.

ATCP 40.24(1)(f) (f) A guaranteed analysis that complies with s. ATCP 40.26.

ATCP 40.24(1)(g) (g) Any other information required under this chapter.

ATCP 40.24(2) (2) Combination products.

ATCP 40.24(2)(a) (a) Fertilizer-additive combinations shall be labeled according to this section and s. ATCP 40.08.

ATCP 40.24(2)(b) (b) Pesticide-additive combinations shall be labeled according to this section and s. ATCP 29.06.

ATCP 40.24(2)(c) (c) Products combining a soil or plant additive with seed shall be labeled according to this section and ch. ATCP 20.

ATCP 40.24(2)(d) (d) Products combining a soil or plant additive with liming material shall be labeled according to this section and ch. ATCP 41.

ATCP 40.24(3) (3) Hazard caution statement.

ATCP 40.24(3)(a) (a) A soil or plant additive label shall include a caution statement if the soil or plant additive may be toxic to plants or animals when the product 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 40.24(3)(b) (b) Labels for soil or plant additives, other than pesticide-additive combinations, shall comply with ch. ATCP 139 and ss. 100.37 and 100.42, Stats., as applicable.

ATCP 40.24 Note Note: See also sub. (4). Chapter ATCP 139 and ss. 100.37 and 100.42, Stats., regulate consumer product safety and hazardous substances.

ATCP 40.24(4) (4) Implied warranty.

ATCP 40.24(4)(a) (a) A person who distributes a soil or plant additive implicitly warrants that the soil or plant additive is effective for all of the purposes recommended in the product labeling, when applied under Wisconsin conditions according to the product label. This warranty does not limit any other express or implied warranty that may apply under Wisconsin law.

ATCP 40.24(4)(b) (b) Paragraph (a) does not apply to a product that is distributed solely for organic crop production and qualifies for exemption under s. ATCP 40.28 (1) (b). This exemption does not limit any other express or implied warranty that may apply under Wisconsin law.

ATCP 40.24(4)(c) (c) The department does not warrant the efficacy of any soil or plant additive, or the truth of any label statement.

ATCP 40.24(5) (5) Proof of product claims.

ATCP 40.24(5)(a) (a) A person who manufactures or distributes a soil or plant additive shall have all of the following:

ATCP 40.24(5)(a)1. 1. Relevant and reliable information to substantiate all product labeling, including any claim or guarantee of product contents. The person shall have substantiation for each labeling statement before making that statement. Testimonials are not reliable information under this subdivision.

ATCP 40.24(5)(a)2. 2. Relevant scientific evidence to substantiate every performance claim, including any implied warranty under sub. (4). The scientific evidence shall substantiate that the product is effective for the stated purpose when applied under Wisconsin conditions according to the product label. The person shall have that scientific evidence before making the claim or implied warranty. Testimonials are not scientific evidence under this subdivision.

ATCP 40.24(5)(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 40.20 or a permit under s. ATCP 40.28. 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 40.24 History History: CR 04-140: cr. Register September 2005 No. 597, eff. 10-1-05.

ATCP 40.26 ATCP 40.26 Soil or plant additives; guaranteed analysis.

ATCP 40.26(1) (1) General. The label of every soil or plant additive shall include a guaranteed analysis that complies with this section. No person may represent that a soil or plant additive contains any substance unless that substance is listed in the guaranteed analysis.

ATCP 40.26(2) (2) Format.

ATCP 40.26(2)(a) (a) A guaranteed analysis for a soil or plant additive shall have the following format:

GUARANTEED ANALYSIS

ACTIVE INGREDIENTS

Common Name (Chemical Name)   _____%

Common Name (Chemical Name)   _____%

Common Name (Chemical Name)   _____%

INERT INGREDIENTS

Common Name (Chemical Name)   _____%

Common Name (Chemical Name)   _____%

Common Name (Chemical Name)   _____%

ATCP 40.26(2)(b) (b) The combined guarantees for active and inert ingredients shall total 100% unless the guaranteed analysis includes one or more active microorganism ingredients identified according to sub. (3) (b). A zero shall precede the decimal on any guarantee that is less than one percent.

ATCP 40.26(3) (3) Active ingredients.

ATCP 40.26(3)(a) (a) The guaranteed analysis shall identify, under the “active ingredients” subtitle, each ingredient that actively and directly contributes to the performance of the soil or plant additive. Except as provided in par. (b), the guaranteed analysis shall guarantee the amount of each active ingredient as a percentage of the soil or plant additive.

ATCP 40.26(3)(b) (b) If an active ingredient is a microorganism, the guaranteed analysis shall do all of the following:

ATCP 40.26(3)(b)1. 1. Identify the active microorganism genus. If any activity is unique to a species of the genus, the guaranteed analysis shall also identify that species.

ATCP 40.26(3)(b)2. 2. Guarantee the number of viable microorganisms or colony forming units (CFU’s), of each identified genus or species, per milliliter of liquid product or per gram of non-liquid product.

ATCP 40.26(4) (4) Inert ingredients. The guaranteed analysis shall identify, under the “inert ingredients” subtitle, the name and amount of each ingredient that does not contribute directly to the performance of the soil or plant additive.

ATCP 40.26(5) (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, 15th edition (2013). If an ingredient is not sufficiently defined in the Merck Index, the department may approve an additional or alternative name for the ingredient.

ATCP 40.26 Note Note: The Merck Index, 15th edition (2013) is on file with the department and the legislative reference bureau.

ATCP 40.26(6) (6) Minimum guarantees. No soil or plant additive label may identify any ingredient for which the guaranteed analysis shows a zero guarantee.

ATCP 40.26(7) (7) Fertilizer-additive combinations. The guaranteed analysis for a fertilizer-additive combination shall be in the format shown in Appendix A. Plant nutrients shall be guaranteed according to s. ATCP 40.10. Other ingredients shall be guaranteed according to this section.

ATCP 40.26(8) (8) Format exemptions. The department may exempt a soil or plant additive from any guaranteed analysis format requirement under this section if the person requesting the exemption demonstrates all of the following to the department’s satisfaction:

ATCP 40.26(8)(a) (a) Another state, which has authorized sale of the soil or plant additive, has a conflicting statute or regulation.

ATCP 40.26(8)(b) (b) The format exemption will reconcile the conflict under par. (a).

ATCP 40.26(8)(c) (c) The format exemption will not affect, to the detriment of purchasers in this state, any claim or disclosure related to product performance, use, purpose, efficacy, or active ingredients.

ATCP 40.26(8)(d) (d) The format exemption will not cause the product label to be false, deceptive, or misleading in any respect.

ATCP 40.26(8)(e) (e) The format required by the other state satisfies the objectives of this section.

ATCP 40.26(8)(f) (f) The format required by the other state does not violate applicable labeling requirements, if any, under chs. ATCP 20, 29 and 41.

ATCP 40.26 History History: CR 04-140: cr. Register September 2005 No. 597, eff. 10-1-0; CR 18-019: am. (5) Register January 2020 No. 769, eff. 2-1-2020.

ATCP 40.28 ATCP 40.28 Soil or plant additives; permits.

ATCP 40.28(1) (1) General.

ATCP 40.28(1)(a) (a) Except as provided in par. (b), no person may distribute a soil or plant additive in this state without a permit from the department under this section. The department shall review permit applications according to subch. IV.

ATCP 40.28(1)(b) (b) Paragraph (a) does not apply to a soil or plant additive labeled solely for organic crop production if all of the following apply:

ATCP 40.28(1)(b)1. 1. The product qualifies, or all of its active ingredients qualify, under 7 CFR 205 for use in organic crop production.