ATCP 40.12(3)(3) Permit application. A person seeking a permit under sub. (4) or (5) shall apply on a form provided by the department. The application shall include all of the following: ATCP 40.12(3)(a)(a) The applicant’s name, business address, and fertilizer license number under s. ATCP 40.04. If the applicant does not have a fertilizer license, the applicant shall also submit a license application under s. ATCP 40.04. No permit under sub. (4) or (5) is valid unless the permit holder also holds a current license under s. ATCP 40.04. ATCP 40.12(3)(b)(b) The name, business address, and fertilizer license number of the fertilizer manufacturer if the applicant is not the manufacturer. ATCP 40.12(3)(d)(d) Proposed labeling, including any advertising or promotional materials that make content or performance claims not included on the product label. ATCP 40.12(3)(e)(e) A statement indicating whether the applicant seeks a permit under sub. (4) or (5), or both. ATCP 40.12 NoteNote: A person may, for a single product, need permits under both subs. (4) and (5).
“I hereby certify all the following:
1. When applied for labeled purposes according to label directions, this fertilizer provides available nutrients in amounts that are efficacious and useful under Wisconsin conditions. Except as otherwise specifically disclosed on the product label, use according to label directions provides annual nutrient amounts that equal or exceed annual plant nutrient needs.
2. The statements on this fertilizer 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 fertilizer product and its labeling comply with ch. ATCP 40, Wis. Adm. Code.” ATCP 40.12 NoteNote: You may obtain a permit application form from the department at the following address:
ATCP 40.12 NoteDepartment of Agriculture, Trade and Consumer Protection
ATCP 40.12 NoteARM Division
ATCP 40.12 NotePO Box 8911
ATCP 40.12 NoteMadison, WI 53708-8911.
ATCP 40.12(4)(4) Special agricultural use permit. The department may issue a special agricultural use permit if the department finds, based on a review under subch. IV, that the application is complete and the fertilizer is designed and labeled as a special agricultural-use fertilizer. ATCP 40.12(5)(5) Nonagricultural use permit. The department may issue a nonagricultural use permit if the department finds, based on a review under subch. IV, that the application is complete and the fertilizer is designed and labeled only as a nonagricultural-use fertilizer. ATCP 40.12(6)(6) Implied warranty. A person who distributes a fertilizer product pursuant to a permit under this section implicitly warrants that the product is effective for all of the purposes recommended in the product labeling, when applied under Wisconsin conditions according to the product label. This warranty does not limit any other express or implied warranty that may apply under Wisconsin law. The department does not warrant the efficacy or usefulness of any fertilizer, or the truth of any labeling statement. ATCP 40.12(7)(7) Permit not transferable. A permit under this section covers only one fertilizer product. A permit is not transferable between persons or products. ATCP 40.12(8)(8) Fertilizer-additive combinations. A permit under this section does not authorize a person to distribute a fertilizer-additive combination in this state unless the person also holds a license under s. ATCP 40.20 and a permit, if required, under s. ATCP 40.28. ATCP 40.12(9)(9) Primary nutrient guarantees. A permit under this section may authorize a minimum guarantee of less than 1.0% for any primary plant nutrient if all of the following apply: ATCP 40.12(9)(b)(b) The total of all primary plant nutrients in the product is less than 10%. ATCP 40.12(10)(10) Action on permit application. The department shall act on a permit application according to subch. IV.