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ATCP 40.10(4)(a)2. 2. The fertilizer is a fertilizer-additive combination.
ATCP 40.10(4)(a)3. 3. The fertilizer label represents that the fertilizer contains an organic or slowly released plant nutrient.
ATCP 40.10(4)(b) (b) A plant nutrient source statement under par. (a) shall do all of the following:
ATCP 40.10(4)(b)1. 1. Identify the source materials from which the guaranteed plant nutrients are derived, in descending order of content by weight of source material.
ATCP 40.10(4)(b)2. 2. Identify the source of each plant nutrient, using only terms defined in the Official Publication of the Association of American Plant Food Control Officials, No. 71 (2018).
ATCP 40.10 Note Note: The Official Publication of the Association of American Plant Food Control Officials, No. 71 (2018 ) is on file with the department and the legislative reference bureau. Copies may be obtained from the treasurer of the Association of American Plant Food Control Officials, Inc., North Carolina Department of Agriculture, P.O. Box 33508, Raleigh, NC 33636-3508, or online at http://www.aapfco.org.
ATCP 40.10(5) (5) Percentage guarantees; how expressed.
ATCP 40.10(5)(a) (a) A zero shall precede the decimal point in every guarantee that is less than one percent.
ATCP 40.10(5)(b) (b) A minimum guarantee for a primary plant nutrient shall be stated as a whole number if the guarantee is at least 1.0%.
ATCP 40.10(6) (6) Chemical forms.
ATCP 40.10(6)(a)(a) If a guaranteed analysis identifies any chemical form of a plant nutrient that has more than one chemical form, it shall identify all chemical forms of the plant nutrient and provide a percentage guarantee for each. The percentage guarantee for each chemical form shall precede the identified chemical form and may include non-zero decimal units. Subsection (3) illustrates the correct format for nitrogen.
ATCP 40.10(6)(b) (b) A chemical form under par. (a) may have a percentage guarantee of zero, provided that the combined guarantee for all chemical forms of the plant nutrient equals or exceeds the minimum guarantee required under sub. (2).
ATCP 40.10(6)(c) (c) No person may represent that a fertilizer contains an organic or slowly released plant nutrient unless all of the following apply:
ATCP 40.10(6)(c)1. 1. The guaranteed analysis lists slowly released chemical forms of that plant nutrient.
ATCP 40.10(6)(c)2. 2. The combined guarantees for slowly released forms of the plant nutrient comprise at least 15% of the total guarantee for that plant nutrient, except as otherwise provided for nitrogen under sub. (8) (b).
ATCP 40.10(7) (7) Maximum guarantees.
ATCP 40.10(7)(a)(a) A fertilizer label may contain a separate written statement, not part of the guaranteed analysis, which states that the amount of a specified plant nutrient or other substance does not exceed a specified percentage by weight of the fertilizer.
ATCP 40.10(7)(b) (b) No person may sell or distribute a fertilizer for use on tobacco unless its label states the maximum amount of chlorine that may be present in the fertilizer.
ATCP 40.10(8) (8) Nitrogen guarantees.
ATCP 40.10(8)(a)(a) A nonagricultural fertilizer label shall guarantee the ammoniacal, nitrate, water insoluble, and other chemical forms of nitrogen, as illustrated in sub. (3).
ATCP 40.10(8)(b) (b) No fertilizer label may identify nitrogen as organic unless the water insoluble or slow release nitrogen guarantee is at least 60% of the non-urea nitrogen designated as organic.
ATCP 40.10(9) (9) Phosphite and phosphorous acid.
ATCP 40.10(9)(a) (a) Notwithstanding sub. (5) (a):
ATCP 40.10(9)(a)1. 1. No fertilizer labeling may identify phosphite or phosphorous acid as a fertilizer ingredient.
ATCP 40.10(9)(a)2. 2. No phosphate nutrient guarantee may include any phosphate derived from phosphite or phosphorous acid.
ATCP 40.10(9)(b) (b) Paragraph (a) does not prohibit the identification, in a fertilizer–pesticide combination, of a pesticide containing phosphite or phosphorous acid.
ATCP 40.10(10) (10) Fertilizer-additive combinations. The guaranteed analysis for a fertilizer-additive combination shall be in the format shown in Appendix A. Enhancing nutrients other than cobalt and sodium, if claimed, shall be guaranteed as soil or plant additive active ingredients.
ATCP 40.10 Note Note: See definitions of “enhancing element" and “fertilizer-additive combination" in s. ATCP 40.02 (7) and (9).
ATCP 40.10 History History: CR 04-140: cr. Register September 2005 No. 597, eff. 10-1-05; CR 14-047: am. (4) (b) 2. Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (4) (b) 2. Register August 2016 No. 728, eff. 9-1-16; CR 18-019: am. (4) (b) 2. Register January 2020 No. 769, eff. 2-1-20.
ATCP 40.12 ATCP 40.12 Fertilizer permits.
ATCP 40.12(1)(1)Permit required. Except as provided in sub. (2), no person may distribute a mixed fertilizer for which the sum of the primary plant nutrient guarantees totals less than 24% unless one of the following applies:
ATCP 40.12(1)(a) (a) The distribution is for special agricultural uses, pursuant to a permit under sub. (4).
ATCP 40.12(1)(b) (b) The distribution is for nonagricultural uses, pursuant to a permit under sub. (5).
ATCP 40.12(2) (2) Exemptions. Subsection (1) does not apply to any of the following:
ATCP 40.12(2)(a) (a) A fertilizer labeled with the statement “for further manufacturing use only" and distributed to licensed fertilizer manufacturers who use the fertilizer only for further manufacturing.
ATCP 40.12(2)(b) (b) A fertilizer provided without cost to a recognized research institution solely for the purpose of conducting scientific research.
ATCP 40.12(2)(c) (c) A fertilizer derived from a single source material of uniform plant nutrient content, provided that all of the following apply:
ATCP 40.12(2)(c)1. 1. The source material is accurately described by a term defined in the Official Publication of the Association of American Plant Food Control Officials, No. 71 (2018).
ATCP 40.12 Note Note: The Official Publication of the Association of American Plant Food Control Officials, No. 71 (2018 ) is on file with the department and the legislative reference bureau. Copies may be obtained from the treasurer of the Association of American Plant Food Control Officials, Inc., North Carolina Department of Agriculture, P.O. Box 33508, Raleigh, NC 33636-3508, or online at http://www.aapfco.org.
ATCP 40.12(2)(c)2. 2. The source material and the fertilizer are clearly and conspicuously labeled using the defined term under subd. 1.
ATCP 40.12(2)(d) (d) A fertilizer labeled solely for organic crop production if all of the following apply:
ATCP 40.12(2)(d)1. 1. The fertilizer qualifies, or all of its ingredients qualify, under 7 CFR 205 for use in organic crop production.
ATCP 40.12(2)(d)2. 2. The fertilizer label discloses the listing or approval under subd. 1.
ATCP 40.12(2)(d)3. 3. The fertilizer label conspicuously states that “This product is intended for use according to an approved organic system plan."
ATCP 40.12(2)(d)4. 4. The manufacturer or distributor makes no performance claims for the product.
ATCP 40.12(2)(d)5. 5. The product label provides use directions, including use rates and methods of application.
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)(c) (c) The fertilizer label.
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 Note Note: A person may, for a single product, need permits under both subs. (4) and (5).
ATCP 40.12(3)(f) (f) A fee of $25 for each requested permit.
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 - See PDF for table PDF
ATCP 40.14(3) (3) Combined Nutrient Index. Combined nutrient index, for purposes of sub. (1) (c), equals {total nitrogen (N) guarantee} + {available phosphate (P2O5) guarantee} + {soluble potash (K2O) guarantee}.
ATCP 40.14 Note Note: The multipliers in sub. (3) are based on approximate relative average wholesale prices for primary plant nutrients in Wisconsin. The department will conduct periodic wholesale price surveys and will adjust the multipliers, as the department deems necessary, by rule.
ATCP 40.14(4) (4) Custom mixed fertilizer. Label guarantees for a custom mixed fertilizer shall be calculated from the custom mix formulation.
ATCP 40.14 History History: CR 04-140: cr. Register September 2005 No. 597, eff. 10-1-05; CR 15-045: am. (1) (c), (3) Register March 2016 No. 723, eff. 4-1-16.
ATCP 40.16 ATCP 40.16 Fertilizer sampling and analysis.
ATCP 40.16(1)(1)Sampling methods. The department may collect official fertilizer samples to determine compliance with plant nutrient guarantees. The department shall collect official samples using applicable methods from the Inspection Manual of the Association of American Plant Food Control Officials, 8th edition (2009).
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.