ATCP 40.12 ATCP 40.12 Fertilizer permits.

ATCP 40.12(1) (1) Permit required. Except as provided in sub. (2), no person may distribute a mixed fertilizer for which the sum of the primary plant nutrient guarantees totals less than 24% unless one of the following applies:

ATCP 40.12(1)(a) (a) The distribution is for special agricultural uses, pursuant to a permit under sub. (4).

ATCP 40.12(1)(b) (b) The distribution is for nonagricultural uses, pursuant to a permit under sub. (5).

ATCP 40.12(2) (2) Exemptions. Subsection (1) does not apply to any of the following:

ATCP 40.12(2)(a) (a) A fertilizer labeled with the statement “for further manufacturing use only” and distributed to licensed fertilizer manufacturers who use the fertilizer only for further manufacturing.

ATCP 40.12(2)(b) (b) A fertilizer provided without cost to a recognized research institution solely for the purpose of conducting scientific research.

ATCP 40.12(2)(c) (c) A fertilizer derived from a single source material of uniform plant nutrient content, provided that all of the following apply:

ATCP 40.12(2)(c)1. 1. The source material is accurately described by a term defined in the Official Publication of the Association of American Plant Food Control Officials, No. 71 (2018).

ATCP 40.12 Note Note: 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 40.12(2)(c)2. 2. The source material and the fertilizer are clearly and conspicuously labeled using the defined term under subd. 1.

ATCP 40.12(2)(d) (d) A fertilizer labeled solely for organic crop production if all of the following apply:

ATCP 40.12(2)(d)1. 1. The fertilizer qualifies, or all of its ingredients qualify, under 7 CFR 205 for use in organic crop production.

ATCP 40.12(2)(d)2. 2. The fertilizer label discloses the listing or approval under subd. 1.

ATCP 40.12(2)(d)3. 3. The fertilizer label conspicuously states that “This product is intended for use according to an approved organic system plan.”

ATCP 40.12(2)(d)4. 4. The manufacturer or distributor makes no performance claims for the product.

ATCP 40.12(2)(d)5. 5. The product label provides use directions, including use rates and methods of application.

ATCP 40.12(3) (3) Permit application. A person seeking a permit under sub. (4) or (5) shall apply on a form provided by the department. The application shall include all of the following:

ATCP 40.12(3)(a) (a) The applicant’s name, business address, and fertilizer license number under s. ATCP 40.04. If the applicant does not have a fertilizer license, the applicant shall also submit a license application under s. ATCP 40.04. No permit under sub. (4) or (5) is valid unless the permit holder also holds a current license under s. ATCP 40.04.

ATCP 40.12(3)(b) (b) The name, business address, and fertilizer license number of the fertilizer manufacturer if the applicant is not the manufacturer.

ATCP 40.12(3)(c) (c) The fertilizer label.

ATCP 40.12(3)(d) (d) Proposed labeling, including any advertising or promotional materials that make content or performance claims not included on the product label.

ATCP 40.12(3)(e) (e) A statement indicating whether the applicant seeks a permit under sub. (4) or (5), or both.

ATCP 40.12 Note Note: A person may, for a single product, need permits under both subs. (4) and (5).

ATCP 40.12(3)(f) (f) A fee of $25 for each requested permit.

ATCP 40.12(3)(g) (g) The following written statement signed by the applicant:

“I hereby certify all the following:

1.   When applied for labeled purposes according to label directions, this fertilizer provides available nutrients in amounts that are efficacious and useful under Wisconsin conditions. Except as otherwise specifically disclosed on the product label, use according to label directions provides annual nutrient amounts that equal or exceed annual plant nutrient needs.

2. The statements on this fertilizer label, and in related advertising and promotional materials, are truthful. The applicant has relevant and reliable information to substantiate all product labeling, including any claim or guarantee related to product contents. The applicant has relevant scientific evidence to substantiate all express and implied performance claims.