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.