ATCP 40.12(3)(g) (g) The following written statement signed by the applicant:

“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(3)(h) (h) Other relevant information required by the department.

ATCP 40.12 Note Note: You may obtain a permit application form from the department at the following address:

ATCP 40.12 Note Department of Agriculture, Trade and Consumer Protection

ATCP 40.12 Note ARM Division

ATCP 40.12 Note PO Box 8911

ATCP 40.12 Note Madison, 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)(a) (a) The primary plant nutrient guarantee is at least 0.1%.

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.

ATCP 40.12 History History: CR 04-140: cr. Register September 2005 No. 597, eff. 10-1-05; CR 14-047: am. (2) (c) 1. Register May 2015 No. 713, eff. 6-1-15; CR16-012: am. (2) (c) 1. Register August 2016 No. 728, eff. 9-1-16; CR 18-019: am. (2) (c) 1. Register January 2020 No. 769, eff. 2-1-20.

ATCP 40.14 ATCP 40.14 Fertilizer content deficiencies.

ATCP 40.14(1) (1) Primary nutrients. A fertilizer is mislabeled if any of the following apply, based on a sample collected and tested according to s. ATCP 40.16:

ATCP 40.14(1)(a) (a) The fertilizer contains less than 90% of the label guarantee amount for any primary nutrient.

ATCP 40.14(1)(b) (b) The actual percentage amount of any primary nutrient falls at least 2 percentage points short of the percentage amount stated on the label.

ATCP 40.14 Note Note: For example, if the label states that the fertilizer contains 30% N, but testing shows that the fertilizer contains only 27.5% N, the fertilizer is mislabeled.

ATCP 40.14(1)(c) (c) The combined nutrient index of primary nutrients actually present is less than 97% of the combined nutrient index of the amounts guaranteed, where the combined nutrient index is calculated according to sub. (3).

ATCP 40.14(2) (2) Secondary and micronutrients. A fertilizer is mislabeled if, based on a sample collected and tested according to s. ATCP 40.16, the actual amount of any secondary nutrient, micronutrient or enhancing element listed in a guaranteed analysis falls short of the label guarantee by an amount that exceeds the allowable deficiency shown in Table 1.

TABLE 1