ATCP 40.28(1)(b)1.1. The product qualifies, or all of its active ingredients qualify, under 7 CFR 205 for use in organic crop production.

ATCP 40.28(1)(b)2.2. The product label discloses the listing or approval under subd. 1.

ATCP 40.28(1)(b)3.3. The product label conspicuously states that “This product is intended for use according to an approved organic system plan.”

ATCP 40.28(1)(b)4.4. The manufacturer or distributor makes no performance claims for the product.

ATCP 40.28(1)(b)5.5. The product label provides use directions, including use rates and methods of application.

ATCP 40.28(2)(2) Permit applications. A person seeking a permit under sub. (1) shall apply on a form provided by the department. The application shall include all of the following:

ATCP 40.28(2)(a)(a) The applicant’s name, business address, and license number under s. ATCP 40.20. If the applicant does not have a license under s. ATCP 40.20, the applicant shall also submit a license application under s. ATCP 40.20 (3). No permit under this section is valid unless the permit holder also holds a current license under s. ATCP 40.20.

ATCP 40.28(2)(b)(b) The name, business address, and license number under s. ATCP 40.20 of the person who manufactures the soil or plant additive, if the applicant is not the manufacturer.

ATCP 40.28(2)(c)(c) The product label, including all of the information required under s. ATCP 40.24.

ATCP 40.28(2)(d)(d) Proposed labeling, including any advertising or promotional materials that make content or performance claims not included on the product label.

ATCP 40.28(2)(f)(f) The following written statement signed by the applicant:

“I hereby certify all the following:

1. This product is effective and useful for all labeled purposes when applied under Wisconsin conditions according to label directions.

2. The statements on the product 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.

3. This product and its labeling comply with ch. ATCP 40, Wis. Adm. Code.”

ATCP 40.28(2)(g)(g) A method of analysis for each guaranteed active ingredient in the soil or plant additive. The method shall be one of the following:

ATCP 40.28(2)(g)1.1. A method contained in the “Official Methods of Analysis of AOAC International”, 20th edition (2016).

ATCP 40.28 NoteNote: The “Official Methods of Analysis of AOAC International”, 20th edition (2016) is on file with the department and the legislative reference bureau.

ATCP 40.28(2)(g)2.2. For humic substances, the method contained in Appendix B.

ATCP 40.28(2)(g)3.3. A method provided by the applicant and approved in writing by the department. The department may not approve a method under this subdivision if a method applies under subd. 1. or 2. A method approved under this subdivision must be relevant and scientifically defensible.

ATCP 40.28(2)(h)(h) Other relevant information required by the department.

ATCP 40.28 NoteNote: You may obtain a permit application form from the department at the following address:

ATCP 40.28(3)(3) Permit not transferable. A permit under this section covers only one soil or plant additive product. A permit is not transferable between persons or products.

ATCP 40.28(4)(4) Fertilizer-additive combinations. A permit under this section does not authorize a person to distribute a fertilizer-additive combination unless the person also holds a fertilizer license under s. ATCP 40.04 and a fertilizer permit, if required, under s. ATCP 40.12.