“Labeling" means labels and other written, graphic or pictorial statements that accompany a fertilizer or a soil or plant additive, or that promote the sale or distribution of fertilizer or soil or plant additives. “Labeling" includes advertising and website materials that promote the sale or distribution of a fertilizer or soil or plant additive.
“Manipulated manure" means manure that is ground, pelletized, mechanically dried, packaged, supplemented with plant nutrients or other substances, or otherwise treated in a manner designed to facilitate sale or distribution as a fertilizer or soil or plant additive. “Manipulated manure" does not include unpackaged manure that is modified solely as an incidental result of normal on-farm practices such as the following:
Addition of bedding, sand, or water for purposes of animal husbandry or barn cleaning.
Shredding, grinding, or agitating for purposes of manure handling or removal from a manure storage system.
Drying incidental to mechanical ventilation of animal confinement areas.
To process, granulate, compound, formulate, produce, mix, blend, or alter the composition of a fertilizer, fertilizer material, or soil or plant additive for distribution.
To package or label, for distribution, a fertilizer, fertilizer material, or soil or plant additive.
“Micronutrient" means boron, chlorine, copper, iron, manganese, molybdenum, nickel, or zinc.
“Mixed fertilizer" means a fertilizer containing any combination or mixture of fertilizer materials, or a fertilizer material and any other substance. A fertilizer material containing impurities inherent in the manufacture of that fertilizer material does not constitute a “mixed fertilizer" unless the distributor claims that the impurities are plant nutrients, fertilizer materials, or soil or plant additives.
“Nonagricultural fertilizer" means a fertilizer designed, labeled, and distributed for non-farm use, including use for home gardens, lawns, shrubbery, flowers, golf courses, parks, cemeteries, greenhouses, nurseries, or scientific research or experimentation.
“Packaged fertilizer" means a fertilizer that is sold in a closed package or container. “Packaged fertilizer" includes packaged custom mixed fertilizer.
“Packaged soil or plant additive" means a soil or plant additive that is sold in a closed package or container.
“Percent" or “percentage" means percentage by weight.
“Pesticide" has the meaning given in s. 94.67
, Stats. “Pesticide" includes a fertilizer-pesticide combination and a pesticide-additive combination.
“Pesticide-additive combination" means a pesticide combined with a soil or plant additive.
“Plant nutrient" or “nutrient" means any of the following:
“Primary plant nutrient" means nitrogen (N), available phosphate (P2
), or soluble potash (K2
“Product" means a fertilizer or a soil or plant additive.
“Product name" means a name, designation or trademark that identifies a product.
“Ready-to-use liquid fertilizer" means a liquid fertilizer that is designed and labeled to be applied without prior mixing or dilution by the user.
“Represent" means to state or imply by any means, including any oral, written, graphic or broadcast means.
“Scientific evidence" means evidence that is logically derived from controlled experiments designed, conducted and reported according to the scientific method, using relevant experimental and statistical analytical procedures that are generally recognized and defensible as valid and appropriate among peers in the relevant scientific community. Testimonials are not “scientific evidence."
“Secondary plant nutrient" means calcium, magnesium or sulfur.
“Sewage sludge" means the solid, semi-solid, or liquid residue generated during the treatment of sewage in a treatment works. Sewage sludge includes scum or solids recovered in primary, secondary, or advanced wastewater treatment processes, and also includes material derived from sewage sludge. Sewage sludge does not include ash generated during the firing of a sewage sludge incinerator, or grit or screenings generated during preliminary treatment of domestic sewage in a treatment works.
“Soil or plant additive" or “additive" means a substance, intended for application to seeds, soil, or plants, that is designed for use or claimed to have value in promoting or sustaining plant growth, improving crop yield or quality, promoting or sustaining the fertility of soil, or favorably modifying the structural, physical, or biological properties of the soil for agronomic or horticultural purposes. “Soil or plant additive" includes a combination product containing a soil or plant additive, and also includes any product represented to contain humate, humin, humic acid, fulvic acid, or other humic substances. “Soil or plant additive" does not include any of the following:
Fertilizer, other than a fertilizer-additive combination. A fertilizer is not considered a fertilizer-additive combination merely because its guaranteed analysis includes guarantees under s. ATCP 40.10
for cobalt or sodium.
Liming material that is distributed solely for the purposes stated in s. 94.66 (1) (am)
, Stats., and is not part of a combination product.
Wood ashes, unmanipulated animal manure, or unmanipulated vegetable manure. This exemption does not apply to wood ashes or manure distributed under another name or description.
Perlite labeled as perlite, or vermiculite labeled as vermiculite, that is not mixed with any other substance.
Potting soil or similar mixtures of readily identifiable organic substances, unless labeled with performance claims associated with its use as a soil amendment.
Compost, peat moss, tree bark, wood shavings, and other readily identifiable organic substances that are commonly applied to soil, provided that all the following apply:
The substance is distributed under its common name. Composts must identify the material composted, such as animal manure, yard waste, or urban refuse.
The product labeling does not make performance claims related to plant growth, plant health, crop yield or soil fertility.
Seed, labeled according to ch. ATCP 20
, that has been treated or coated with a soil or plant additive. This exemption does not apply to any of the following:
Substances, containing seeds or seed parts, that are sold as soil or plant additives.
An adjuvant sold only to improve the mixing, handling, or application of fertilizers or pesticides. This exemption does not apply if a distributor makes any other benefit claims for the adjuvant, other than a precautionary written statement on the product label that says the adjuvant may increase the contact effects of products applied with it.
“Special agricultural-use fertilizer" means a fertilizer that is any of the following:
Designed and labeled to remedy only plant nutrient deficiencies unique to certain agricultural crops or local Wisconsin agricultural areas.
“Substantiate" means to demonstrate clearly and convincingly, with satisfactory and sufficient evidence.
“Unmanipulated animal or vegetable manure" means animal or vegetable manure that is not manipulated.
“Wisconsin conditions" means plant growing conditions, including conditions related to soil, climate, growing season, plant species, plant varieties, and plant growing practices, that are similar or identical to those commonly found in Wisconsin.
ATCP 40.02 History
History: CR 04-140
: cr. Register September 2005 No. 597
, eff. 10-1-05.
Annual license required.
Except as provided in sub. (2)
, no person may manufacture or distribute a fertilizer in this state without an annual license from the department. A separate license is required for each business location or mobile unit at which a person manufactures fertilizer in this state. A license is not transferable between persons or locations. A license expires on September 30 of each year.
ATCP 40.04 Note
Note: Since a license is not transferable between persons, a license holder must re-apply for a license if it changes its legal identity.
does not apply to a person who does only the following:
Distributes fertilizer materials to a licensed fertilizer manufacturer for further manufacturing.
Distributes packaged fertilizer in its original package, as packaged and labeled by a person who holds a fertilizer license under sub. (1)
and a product permit if required for that fertilizer under s. ATCP 40.12
. A person does not qualify for this exemption if the person makes any additional content or performance claims for the packaged fertilizer.
Distributes bulk fertilizer obtained from a supplier licensed under sub. (1)
if all of the following apply:
The person does not mix or blend bulk fertilizer, except to combine identically labeled lots of bulk fertilizer received from the same licensed supplier.
The bulk fertilizer bears the label information provided by the licensed supplier, including the supplier's name, product name, fertilizer grade, and guaranteed analysis.
A person shall apply for an annual fertilizer license on a form provided by the department. A license application shall include all of the following:
The applicant's correct legal name, and any trade name under which the applicant does business.
The applicant's social security number if the applicant is an individual. If the applicant is a partnership, the application shall include the social security number of each individual partner.
ATCP 40.04 Note
A social security number is required under s. 93.135 (1) (cm)
Each address from which the applicant proposes to do business in this state.
Each address and mobile unit at which the applicant proposes to manufacture fertilizer in this state. Before adding a manufacturing location or mobile manufacturing unit during a license year, a license holder shall obtain an additional license for that location or unit.
A current list of fertilizer products which the applicant proposes to manufacture or distribute, and for which the applicant is required to have permits under s. ATCP 40.12
. The application shall include a current label for each of those products.
ATCP 40.04 Note
A license under sub. (1) does not authorize the license holder to manufacture or distribute a fertilizer product for which a permit is required under s. ATCP 40.12
unless the license holder also holds that permit.
A person applying for an annual fertilizer license shall pay the following fees and surcharges:
A $30 license fee for each business location and each mobile unit at which the applicant proposes to manufacture fertilizer in this state. If the applicant distributes but does not manufacture fertilizer in this state, the applicant shall pay a single license fee of $30.
Except as adjusted under s. 94.73 (15)
, Stats., a $20 agricultural chemical cleanup surcharge for each business location and each mobile unit at which the applicant proposes to manufacture fertilizer in this state, other than a business location or mobile unit licensed under s. 94.685
or s. 94.703
, Stats. If the applicant distributes but does not manufacture fertilizer in this state, the applicant shall pay a single agricultural chemical cleanup surcharge of $20.
A late renewal fee equal to 20% of the combined license fees and surcharges required under pars. (a)
, if the applicant fails to apply for a renewal license before the prior year's license expires.
ATCP 40.04 Note
The late fee under par. (c) is required by s. 93.21
Except as provided in par. (d)
, the department shall grant or deny a license application under sub. (3)
within 45 working days after the department receives a complete application.
The department may place conditions on a license. If the department denies a license or issues a license with conditions, the department shall give the applicant written notice of its reasons.
A license holder may not distribute a fertilizer for which a permit is also required under s. ATCP 40.12
, unless the license holder also holds that permit.
If a license applicant does not manufacture fertilizer in Wisconsin, but seeks a license only to distribute a fertilizer for which a permit is required under s. ATCP 40.12
, the department may grant or deny the license application when it grants or denies the permit application.
ATCP 40.04 History
History: CR 04-140
: cr. Register September 2005 No. 597
, eff. 10-1-05; CR 08-075
: am. (4) (b) Register April 2009 No. 640
, eff. 5-1-09; CR 14-047
: am. (4) (b) Register May 2015 No. 713
, eff. 6-1-15; correction in (4) (b) made under s. 35.17
, Stats., Register May 2015 No. 713
; CR 18-019: am. (1), (4) (b), (c) Register January 2020 No. 769, eff. 2-1-20; corrections in (4) (b) made under s. 35.17, Stats., Register January 2020 No. 769.
Fertilizer; tonnage reports and fees. ATCP 40.06(1)(1)
Annual tonnage report and fee payment.
By September 30 of each year, a person required to hold a fertilizer license under s. ATCP 40.04
shall do all of the following:
Report to the department the number of tons of each grade of fertilizer that the person distributed in this state in the 12 months ending June 30 of that year. The person shall file the report in writing, on a form prescribed by the department.