ATCP 40.26(2)(b)(b) The combined guarantees for active and inert ingredients shall total 100% unless the guaranteed analysis includes one or more active microorganism ingredients identified according to sub. (3) (b). A zero shall precede the decimal on any guarantee that is less than one percent.

ATCP 40.26(3)(3) Active ingredients.

ATCP 40.26(3)(a)(a) The guaranteed analysis shall identify, under the “active ingredients” subtitle, each ingredient that actively and directly contributes to the performance of the soil or plant additive. Except as provided in par. (b), the guaranteed analysis shall guarantee the amount of each active ingredient as a percentage of the soil or plant additive.

ATCP 40.26(3)(b)(b) If an active ingredient is a microorganism, the guaranteed analysis shall do all of the following:

ATCP 40.26(3)(b)1.1. Identify the active microorganism genus. If any activity is unique to a species of the genus, the guaranteed analysis shall also identify that species.

ATCP 40.26(3)(b)2.2. Guarantee the number of viable microorganisms or colony forming units (CFU’s), of each identified genus or species, per milliliter of liquid product or per gram of non-liquid product.

ATCP 40.26(4)(4) Inert ingredients. The guaranteed analysis shall identify, under the “inert ingredients” subtitle, the name and amount of each ingredient that does not contribute directly to the performance of the soil or plant additive.

ATCP 40.26(5)(5) Ingredient identification. Except as provided in sub. (3) (b), the guaranteed analysis shall identify each ingredient by its common name, if any, followed in parentheses by its chemical name as stated in the Merck Index, 15th edition (2013). If an ingredient is not sufficiently defined in the Merck Index, the department may approve an additional or alternative name for the ingredient.

ATCP 40.26 NoteNote: The Merck Index, 15th edition (2013) is on file with the department and the legislative reference bureau.

ATCP 40.26(6)(6) Minimum guarantees. No soil or plant additive label may identify any ingredient for which the guaranteed analysis shows a zero guarantee.

ATCP 40.26(7)(7) Fertilizer-additive combinations. The guaranteed analysis for a fertilizer-additive combination shall be in the format shown in Appendix A. Plant nutrients shall be guaranteed according to s. ATCP 40.10. Other ingredients shall be guaranteed according to this section.

ATCP 40.26(8)(8) Format exemptions. The department may exempt a soil or plant additive from any guaranteed analysis format requirement under this section if the person requesting the exemption demonstrates all of the following to the department’s satisfaction:

ATCP 40.26(8)(a)(a) Another state, which has authorized sale of the soil or plant additive, has a conflicting statute or regulation.

ATCP 40.26(8)(b)(b) The format exemption will reconcile the conflict under par. (a).

ATCP 40.26(8)(c)(c) The format exemption will not affect, to the detriment of purchasers in this state, any claim or disclosure related to product performance, use, purpose, efficacy, or active ingredients.

ATCP 40.26(8)(d)(d) The format exemption will not cause the product label to be false, deceptive, or misleading in any respect.

ATCP 40.26(8)(e)(e) The format required by the other state satisfies the objectives of this section.

ATCP 40.26(8)(f)(f) The format required by the other state does not violate applicable labeling requirements, if any, under chs. ATCP 20, 29 and 41.

ATCP 40.28(1)(1) General.

ATCP 40.28(1)(a)(a) Except as provided in par. (b), no person may distribute a soil or plant additive in this state without a permit from the department under this section. The department shall review permit applications according to subch. IV.

ATCP 40.28(1)(b)(b) Paragraph (a) does not apply to a soil or plant additive labeled solely for organic crop production if all of the following apply: