2021 - 2022 LEGISLATURE
March 31, 2021 - Introduced by Representatives Krug, Armstrong, Edming,
Horlacher, Kitchens, Moses, Murphy, Mursau, Rozar, Thiesfeldt and
Tusler, cosponsored by Senators Jacque, Cowles and Stroebel. Referred to
Committee on Agriculture.
AB229,1,5 1An Act to renumber 94.64 (1) (a); to amend 94.64 (3m) (a) (intro.), 94.64 (3m)
2(a) 1., 94.64 (9) (c), 94.65 (4) (a) (intro.) and 94.65 (4) (b); and to create 94.64
3(1) (ag), 94.64 (1) (u), 94.64 (2) (f), 94.64 (3m) (a) 3., 94.65 (1) (bm), 94.65 (1) (fm)
4and 94.65 (5m) of the statutes; relating to: the distribution and labeling of
5fertilizers and soil or plant additives produced from manure.
Analysis by the Legislative Reference Bureau
This bill makes the following changes to requirements that apply to fertilizers
and soil or plant additives that are produced from converting manure into compost
or vermicompost and their derivatives:
1. The bill allows a person to distribute a fertilizer that is produced from
converting manure into compost or vermicompost and their derivatives and that has
a combined weight of nitrogen, phosphorus, and potassium that is less than 24
percent of the total weight of the fertilizer. Current law requires a fertilizer
distributed in this state to be guaranteed to contain a combined weight of nitrogen,
phosphorous, and potassium that is at least 24 percent of the total weight of the
fertilizer, unless either 1) the Department of Agriculture, Trade and Consumer
Protection promulgates a rule exempting the fertilizer; or 2) DATCP grants a permit
authorizing the distribution of the fertilizer as a nonagricultural or special-use
fertilizer.
2. The bill also exempts a fertilizer that is produced from converting manure
into compost from being required to contain a minimum amount of certain plant

nutrients. Additionally, under the bill, a label, invoice, or statement accompanying
fertilizer produced from converting manure into compost is allowed to represent the
amount of plant nutrients or other beneficial substances contained in the fertilizer
if the truthfulness of the representation is substantiated by a typical analysis or
other scientifically validated analytical method.
3. Under the bill, DATCP may not require a controlled experimental field test
to substantiate the efficacy and usefulness of a soil or plant additive produced from
converting manure into compost. Under current law, DATCP may require the
efficacy and usefulness of a soil or plant additive to be substantiated by controlled
experimental studies using the soil or plant additive.
4. The bill allows the truthfulness of a statement on a permit application or
label of a soil or plant additive produced from converting manure into compost to be
substantiated by a typical analysis. Current law requires the label of a soil or plant
additive to make a guarantee about the minimum amount of the substances that it
contains.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB229,1 1Section 1 . 94.64 (1) (a) of the statutes is renumbered 94.64 (1) (ar).
AB229,2 2Section 2 . 94.64 (1) (ag) of the statutes is created to read:
AB229,2,53 94.64 (1) (ag) “Beneficial substance” means a substance other than a plant
4nutrient that improves the nourishment of cultivated plants or improves the
5physical, chemical, or biological properties of soil.
AB229,3 6Section 3 . 94.64 (1) (u) of the statutes is created to read:
AB229,2,87 94.64 (1) (u) “Vermicompost” means a mixture of composted materials and
8worm castings produced from a composting process that uses earthworms.
AB229,4 9Section 4. 94.64 (2) (f) of the statutes is created to read:
AB229,2,1310 94.64 (2) (f) Notwithstanding pars. (a) 3. and 4., (b) 5. and 6., and (e), all of the
11following apply to a label or written or printed invoice or statement pertaining to a
12fertilizer produced from converting unmanipulated animal or vegetable manure into
13compost or vermicompost and their derivatives:
AB229,3,2
11. The label, invoice, or statement is not required to contain a grade or
2guaranteed analysis for a plant nutrient.
AB229,3,63 2. The label, invoice, or statement may make representations about the amount
4of plant nutrients contained in the fertilizer if the truthfulness of the representations
5is substantiated by a typical analysis, as defined in s. 94.65 (1) (fm), or other
6scientifically validated analytical method.
AB229,3,107 3. The label, invoice, or statement may make representations about the amount
8of beneficial substances contained in the fertilizer if the truthfulness of the
9representations is substantiated by a typical analysis, as defined in s. 94.65 (1) (fm),
10or other scientifically validated analytical method.
AB229,5 11Section 5. 94.64 (3m) (a) (intro.) of the statutes is amended to read:
AB229,3,1412 94.64 (3m) (a) (intro.) No person may distribute mixed fertilizer in which the
13sum of the guarantees for nitrogen, available phosphate, and soluble potash totals
14less than 24 percent unless any of the following applies:
AB229,6 15Section 6. 94.64 (3m) (a) 1. of the statutes is amended to read:
AB229,3,1716 94.64 (3m) (a) 1. The mixed fertilizer is exempted from this requirement by
17department rule; or under sub. (9) (g).
AB229,7 18Section 7. 94.64 (3m) (a) 3. of the statutes is created to read:
AB229,3,2119 94.64 (3m) (a) 3. The mixed fertilizer is produced from converting
20unmanipulated animal or vegetable manure into compost or vermicompost and their
21derivatives.
AB229,8 22Section 8. 94.64 (9) (c) of the statutes is amended to read:
AB229,4,223 94.64 (9) (c) Governing methods of sampling, testing, examining and analyzing
24fertilizer, except that no rule under this paragraph may exclude the use of typical
25analysis, as defined in s. 94.65 (1) (fm), or other scientifically validated analytical

1methods for substantiating the truthfulness of representations made under sub. (2)
2(f) 2. or 3
.
AB229,9 3Section 9 . 94.65 (1) (bm) of the statutes is created to read:
AB229,4,74 94.65 (1) (bm) “Compost-based soil or plant additive” means a soil or plant
5additive that is produced from converting unmanipulated animal or vegetable
6manure into compost or vermicompost, as defined in s. 94.64 (1) (u), and their
7derivatives.
AB229,10 8Section 10 . 94.65 (1) (fm) of the statutes is created to read:
AB229,4,109 94.65 (1) (fm) “Typical analysis” means an analysis of contents that is based
10on the average amount of substances contained.
AB229,11 11Section 11 . 94.65 (4) (a) (intro.) of the statutes is amended to read:
AB229,4,1412 94.65 (4) (a) (intro.) As a condition to the issuance of a permit or amended
13permit under sub. (3), the department, subject to sub. (5m), may require that the
14applicant substantiate, by scientific evidence:
AB229,12 15Section 12 . 94.65 (4) (b) of the statutes is amended to read:
AB229,4,2016 94.65 (4) (b) The Subject to sub. (5m) (a), the department may require that the
17substantiation under par. (a) 1. include replicable results of controlled experimental
18studies using the soil or plant additive, the names and qualifications of the
19researchers performing the studies and a complete description of the conditions and
20procedures of the studies.
AB229,13 21Section 13 . 94.65 (5m) of the statutes is created to read:
AB229,4,2422 94.65 (5m) Compost-based soil or plant additives. (a) The department may
23not require that the substantiation under sub. (4) (a) and (b) related to a
24compost-based soil or plant additive include a controlled experimental field test.
AB229,5,5
1(b) If the truthfulness of a statement on a proposed soil or plant additive label
2or in a permit or amended permit application is substantiated by a typical analysis
3and the proposed soil or plant additive is a compost-based soil or plant additive, the
4department may not require the truthfulness of the statement to be substantiated
5by a guaranteed analysis.
AB229,5,86 (c) Notwithstanding sub. (5) (f), if a compost-based soil or plant additive is
7labeled with a typical analysis of its contents, the compost-based soil or plant
8additive is not required to be labeled with a guaranteed analysis of its contents.
AB229,5,99 (End)
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