ATCP 40.20 ATCP 40.20 Soil or plant additives; license.

ATCP 40.20(1) (1) Annual license required. Except as provided in sub. (2), no person may manufacture or distribute a soil or plant additive in this state without an annual license from the department. A license is not transferable between persons. A license expires on September 30 of each year.

ATCP 40.20 Note Note: Since a license is not transferable between persons, a license holder must apply for a new license if it changes its legal identity.

ATCP 40.20(2) (2) Exemption. The license requirement under sub. (1) does not apply to a person who merely distributes a soil or plant additive packaged and labeled by a license holder who also holds any permit required under s. ATCP 40.28 (1), provided the person makes no additional content or performance claims for the product.

ATCP 40.20(3) (3) License application. A person shall apply for an annual license under sub. (1) on a form provided by the department. An application shall include all of the following:

ATCP 40.20(3)(a) (a) The applicant’s correct legal name, and any trade name under which the applicant does business.

ATCP 40.20(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 40.20 Note Note: A social security number is required under s. 93.135 (1) (d), Stats.

ATCP 40.20(3)(c) (c) Each address from which the applicant proposes to do business in this state.

ATCP 40.20(3)(d) (d) Each address at which the applicant proposes to manufacture a soil or plant additive in this state. A license holder shall notify the department in writing before manufacturing a soil or plant additive at any other address.

ATCP 40.20(3)(e) (e) The fees required under sub. (4).

ATCP 40.20(3)(f) (f) A current list of soil or plant additives for which the applicant requires permits under s. ATCP 40.28 (1), and the current label for each of those products.

ATCP 40.20 Note Note: A license under sub. (1) does not authorize the license holder to manufacture or distribute a soil or plant additive for which a permit is required under s. ATCP 40.28 unless the license holder holds that permit.

ATCP 40.20(3)(g) (g) Other relevant information required by the department.

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):