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 Note Note: 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 Note Note: You may obtain a permit application form from the department at the following address:

ATCP 40.28 Note Department of Agriculture, Trade and Consumer Protection

ATCP 40.28 Note ARM Division

ATCP 40.28 Note PO Box 8911

ATCP 40.28 Note Madison, WI 53708-8911

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.

ATCP 40.28(5) (5) Action on permit application. The department shall act on a permit application according to subch. IV.

ATCP 40.28 History History: CR 04-140: cr. Register September 2005 No. 597, eff. 10-1-05; CR 18-019: am. (2) (g) 1. Register January 2020 No. 769, eff. 2-1-20.

ATCP 40.30 ATCP 40.30 Soil or plant additives; content deficiencies. A soil or plant additive is mislabeled if, based on a sample collected and tested according to s. ATCP 40.32, the product contains less than 98% of the amount of any active ingredient guaranteed on the package label.

ATCP 40.30 History History: CR 04-140: cr. Register September 2005 No. 597, eff. 10-1-05.

ATCP 40.32 ATCP 40.32 Soil or plant additives; sampling and testing.

ATCP 40.32(1) (1) Sampling. The department may sample a soil or plant additive to determine whether it contains ingredients in the amounts guaranteed on the product label, or to test for toxic substances or other contaminants. The department shall use a sampling method that is appropriate to the material being sampled.

ATCP 40.32(2) (2) Testing. The department may determine appropriate methods for testing soil or plant additives. The department shall use methods identified in s. ATCP 40.28 (2) (g), if available.

ATCP 40.32 History History: CR 04-140: cr. Register September 2005 No. 597, eff. 10-1-05.

ATCP 40.34 ATCP 40.34 Soil or plant additives; toxic substances.

ATCP 40.34(1) (1) No soil or plant additive may contain any substance that is toxic or injurious to plants, animals, or humans when the soil or plant additive is handled or applied under reasonably foreseeable use conditions, unless the substance and hazards are identified on the product label.

ATCP 40.34 Note Note: See s. ATCP 40.24.

ATCP 40.34(2) (2) No soil or plant additive may contain a metal identified in Appendix C in a concentration that exceeds the maximum allowable concentration specified for that metal in Appendix C.

ATCP 40.34 History History: CR 04-140: cr. Register September 2005 No. 597, eff. 10-1-05.