ATCP 40.08(2)(a)8. 8. Other information required under this chapter.

ATCP 40.08(2)(b) (b) A manufacturer who custom mixes bulk fertilizer for a purchaser may provide the purchaser with a written statement listing the weight and grade of each ingredient included in the custom mixed fertilizer. A manufacturer of bulk custom mixed fertilizer may provide this written ingredient statement in place of a written grade statement and guaranteed analysis unless the purchaser contracts for a specified grade of custom mixed fertilizer.

ATCP 40.08(2)(c) (c) A person who sells bulk agricultural fertilizer to a landowner shall record the name and address of the nutrient management planner who prepared the landowner’s nutrient management plan, if the landowner has a nutrient management plan under s. ATCP 50.04 (3). The seller may record this information on the label statement required under par. (a) if the seller retains a copy of that statement. The seller shall keep the required information for at least 24 months after the seller files the fertilizer tonnage report required under s. ATCP 40.06 (1).

ATCP 40.08(2)(d) (d) A manufacturer or distributor who stores bulk fertilizer shall attach, to each storage bin or container, a label that clearly and conspicuously identifies the name or grade of the fertilizer stored in that bin or container. The grade, if stated, shall be stated in whole numbers.

ATCP 40.08 Note Note: See ch. SPS 343 and ch. ATCP 33 related to anhydrous ammonia systems and bulk storage of fertilizer.

ATCP 40.08(3) (3) Combination products.

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)1. 1. The label of each pesticide used to make the product.

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)(d) (d) Fertilizer-seed combinations shall be labeled according to this section and ch. ATCP 20.

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)1. 1. The purposes for which the product is effective.

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) (4) Hazard caution statement.

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 Note Note: 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) (5) Foliar fertilizers.

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: