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)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(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(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 HistoryHistory: CR 04-140: cr. Register September 2005 No. 597, eff. 10-1-05. 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 NoteNote: 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 NoteNote: 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.