February 26, 2025 - Introduced by Senator Jacque, cosponsored by Representatives Mursau, Behnke, Murphy, Subeck and Tusler. Referred to Committee on Agriculture and Revenue.
SB78,1,5
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); to create 94.64 (1) 3(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:
SB78,1
1Section 1. 94.64 (1) (a) of the statutes is renumbered 94.64 (1) (ar). SB78,22Section 2. 94.64 (1) (ag) of the statutes is created to read: SB78,2,5394.64 (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. SB78,36Section 3. 94.64 (1) (u) of the statutes is created to read: SB78,2,8794.64 (1) (u) “Vermicompost” means a mixture of composted materials and 8worm castings produced from a composting process that uses earthworms. SB78,49Section 4. 94.64 (2) (f) of the statutes is created to read: SB78,3,31094.64 (2) (f) Notwithstanding pars. (a) 3. and 4., (b) 5. and 6., and (e), all of the
1following apply to a label or written or printed invoice or statement pertaining to a 2fertilizer produced from converting unmanipulated animal or vegetable manure 3into compost or vermicompost and their derivatives: SB78,3,741. If the label, invoice, or statement includes a typical analysis, as defined in s. 594.65 (1) (fm), of the plant nutrients contained in the fertilizer, the label, invoice, or 6statement is not required to include a grade or guaranteed analysis for a plant 7nutrient. SB78,3,1282. If the truthfulness of a representation made by a label, invoice, or 9statement about the amount of plant nutrients contained in the fertilizer is 10substantiated by a typical analysis, as defined in s. 94.65 (1) (fm), or other 11scientifically validated analytical method, the representation is not required to be 12substantiated by a guaranteed analysis. SB78,3,17133. If the truthfulness of a representation made by a label, invoice, or 14statement about the amount of beneficial substances contained in the fertilizer is 15substantiated by a typical analysis, as defined in s. 94.65 (1) (fm), or other 16scientifically validated analytical method, the representation is not required to be 17substantiated by a guaranteed analysis. SB78,518Section 5. 94.64 (3m) (a) (intro.) of the statutes is amended to read: SB78,3,211994.64 (3m) (a) (intro.) No person may distribute mixed fertilizer in which the 20sum of the guarantees for nitrogen, available phosphate, and soluble potash totals 21less than 24 percent unless any of the following applies: SB78,622Section 6. 94.64 (3m) (a) 1. of the statutes is amended to read: SB78,4,2
194.64 (3m) (a) 1. The mixed fertilizer is exempted from this requirement by 2department rule; or under sub. (9) (g). SB78,73Section 7. 94.64 (3m) (a) 3. of the statutes is created to read: SB78,4,6494.64 (3m) (a) 3. The mixed fertilizer is produced from converting 5unmanipulated animal or vegetable manure into compost or vermicompost and 6their derivatives. SB78,87Section 8. 94.64 (9) (c) of the statutes is amended to read: SB78,4,12894.64 (9) (c) Governing methods of sampling, testing, examining and 9analyzing fertilizer, except that no rule under this paragraph may exclude the use of 10typical analysis, as defined in s. 94.65 (1) (fm), or other scientifically validated 11analytical methods for substantiating the truthfulness of representations made 12under sub. (2) (f) 2. or 3. SB78,913Section 9. 94.65 (1) (bm) of the statutes is created to read: SB78,4,171494.65 (1) (bm) “Compost-based soil or plant additive” means a soil or plant 15additive that is produced from converting unmanipulated animal or vegetable 16manure into compost or vermicompost, as defined in s. 94.64 (1) (u), and their 17derivatives. SB78,1018Section 10. 94.65 (1) (fm) of the statutes is created to read: SB78,4,201994.65 (1) (fm) “Typical analysis” means an analysis of contents that is based 20on the average amount of substances contained. SB78,1121Section 11. 94.65 (4) (a) (intro.) of the statutes is amended to read: SB78,5,22294.65 (4) (a) (intro.) As a condition to the issuance of a permit or amended
1permit under sub. (3), the department, subject to sub. (5m), may require that the 2applicant substantiate, by scientific evidence: SB78,123Section 12. 94.65 (4) (b) of the statutes is amended to read: SB78,5,8494.65 (4) (b) The Subject to sub. (5m) (a), the department may require that the 5substantiation under par. (a) 1. include replicable results of controlled experimental 6studies using the soil or plant additive, the names and qualifications of the 7researchers performing the studies and a complete description of the conditions and 8procedures of the studies. SB78,139Section 13. 94.65 (5m) of the statutes is created to read: SB78,5,121094.65 (5m) Compost-based soil or plant additives. (a) The department 11may not require that the substantiation under sub. (4) (a) and (b) related to a 12compost-based soil or plant additive include a controlled experimental field test. SB78,5,1713(b) If the truthfulness of a statement on a proposed soil or plant additive label 14or in a permit or amended permit application is substantiated by a typical analysis 15and the proposed soil or plant additive is a compost-based soil or plant additive, the 16department may not require the truthfulness of the statement to be substantiated 17by a guaranteed analysis. SB78,5,2018(c) Notwithstanding sub. (5) (f), if a compost-based soil or plant additive is 19labeled with a typical analysis of its contents, the compost-based soil or plant 20additive is not required to be labeled with a guaranteed analysis of its contents.
