ATCP 50.50(4) (4) Nutrient recommendations. If a certified laboratory recommends nutrient applications to a landowner that exceed the amounts required to achieve applicable crop fertility levels recommended by the University of Wisconsin Extension in Nutrient Application Guidelines for Field, Vegetable and Fruit Crops in Wisconsin, UWEX publication A2809 (2012), the laboratory shall make those recommendations in writing and shall disclose all of the following in the same document:

ATCP 50.50(4)(a) (a) The landowner’s name and address.

ATCP 50.50(4)(b) (b) The nutrient application amounts required to achieve applicable crop fertility levels recommended by the University of Wisconsin-Extension. The laboratory shall disclose these amounts so the landowner can easily compare them with the laboratory’s recommended amounts.

ATCP 50.50(4)(c) (c) The following statement, clearly and conspicuously printed adjacent to the laboratory’s recommended nutrient applications:

IMPORTANT NOTICE

Our recommended nutrient applications exceed the amounts required to achieve applicable crop fertility levels recommended by the University of Wisconsin. The amounts required to achieve the UW’s recommended crop fertility levels are shown for comparison. Excessive nutrient applications may increase your costs, and may cause surface water and groundwater pollution. If you apply nutrients at the rates we recommend, you will not comply with state soil and water conservation standards. You may contact your county land conservation committee for more information.

ATCP 50.50 Note Note: To obtain a copy of A2809, see s. ATCP 50.04 (3) (f) 4. (Note).

ATCP 50.50(5) (5) Records. A certified soil testing laboratory shall keep records of all of the following for at least 4 years, and shall make those records available for inspection and copying by the department upon request:

ATCP 50.50(5)(a) (a) Records of all soil tests conducted at the laboratory.

ATCP 50.50(5)(b) (b) Copies of all nutrient application recommendations made by the laboratory.

ATCP 50.50(6) (6) Laboratory evaluation.

ATCP 50.50(6)(a) (a) The department or its agent may review the performance of a soil testing laboratory certified under this section. The department or its agent may do any of the following as part of its review:

ATCP 50.50(6)(a)1. 1. Review relevant laboratory records.

ATCP 50.50(6)(a)2. 2. Evaluate laboratory facilities and methods.

ATCP 50.50(6)(a)3. 3. Evaluate the proficiency of laboratory analysts.

ATCP 50.50(6)(a)4. 4. Evaluate the laboratory’s proficiency in testing check samples provided by the department or its agent.

ATCP 50.50(6)(b) (b) A laboratory operator shall cooperate with a reasonable review under par. (a).

ATCP 50.50(7) (7) Denying or withdrawing certification.

ATCP 50.50(7)(a) (a) The department may deny, suspend, revoke, or impose conditions on a certification under this section if the department finds that the laboratory has done any of the following:

ATCP 50.50(7)(a)1. 1. Failed to submit a complete application under sub. (2).

ATCP 50.50(7)(a)2. 2. Failed to perform soil tests with reasonable accuracy.

ATCP 50.50(7)(a)3. 3. Failed to comply with applicable requirements under this section.

ATCP 50.50(7)(a)4. 4. Falsified relevant information.

ATCP 50.50(7)(b) (b) If the department denies, suspends, revokes, or imposes conditions on a laboratory certification, the department shall give the laboratory operator written notice of the department’s reasons for that action.

ATCP 50.50(7)(c) (c) A laboratory operator may request a contested case hearing under s. 227.42, Stats. and ch. ATCP 1 on the department’s action under this subsection.

ATCP 50.50(8) (8) Manure testing laboratories. Manure nutrient values determined by laboratory analyses do not qualify under s. ATCP 50.04 (3) (dm) 2. unless the laboratory performing those analyses complies with all of the following:

ATCP 50.50(8)(a) (a) The laboratory participates in the manure analysis proficiency program administered by the Minnesota department of agriculture, or in an equivalent proficiency program administered by the University of Wisconsin soil analysis laboratory, and provides copies of proficiency reports to the department upon request.

ATCP 50.50 Note Note: A manure testing laboratory may qualify under sub. (8), regardless of whether the laboratory is certified as a soil testing laboratory under sub. (1). A laboratory may contact the department, at the following address, for information on how to enroll in a manure analysis proficiency program under par. (a):

ATCP 50.50 Note Wis. Department of Agriculture, Trade and Consumer Protection
Agricultural Resource Management Division
Nutrient Management Program
PO Box 8911
Madison, WI 53708-8911