94.65(3)(a)2.a.
a. Distributes the soil or plant additive under the name of the permit holder and in the original container packaged and labeled by the permit holder; and
94.65(3)(a)2.b.
b. Makes no content or performance claim for the soil or plant additive other than the written claim of the permit holder.
94.65(3)(a)3.
3. No permit is required for the landspreading of sewage sludge under a pollutant discharge elimination system permit issued by the department of natural resources under
s. 283.31 or
283.35.
94.65(3)(b)
(b) The applicant shall apply for a permit on a form provided by the department and shall submit with the application a proposed product label and a nonrefundable fee of $100. The department may require that the applicant provide substantiation of application information under
sub. (4). The department may also require the applicant to make affirmative label and advertising disclosures if, in the absence of the disclosures, the department determines that the label or advertising of a soil or plant additive is deceptive or misleading.
94.65(3)(c)1.1. Except as provided in
s. 93.135, if the department finds that the applicant has fulfilled the requirements of
par. (b), the department shall issue a permit.
94.65(3)(c)2.
2. If the department finds that the applicant has failed to fulfill the requirements of
par. (b), the department shall issue a notice of denial of the permit.
94.65(3)(d)1.1. Any person who wishes to change the active ingredient contents or the recommended amount or frequency of application of a soil or plant additive for which the person has received a permit under
par. (c) 1. shall apply to the department for an amended permit.
Paragraphs (b) and
(c) apply to the issuance of amended permits.
94.65(3)(d)2.
2. Any person who wishes to revise the label of a soil or plant additive for which the person has received a permit under
par. (c) 1., including a label revision which does not necessitate the issuance of an amended permit, shall file the revised label with the department prior to distributing the soil or plant additive bearing the revised label.
94.65(3)(e)
(e) No person who has been issued a permit or amended permit under this subsection may:
94.65(3)(e)1.
1. Transfer the permit or amended permit to another person.
94.65(3)(e)2.
2. Distribute or promote the distribution of the soil or plant additive using any performance, use or efficacy claim which exceeds that allowed by the permit or amended permit or which is inconsistent with the approved product label.
94.65(3)(f)
(f) Issuance of a permit or amended permit under this subsection is neither an endorsement nor a warranty by the department.
94.65(4)
(4) Substantiation requirements. 94.65(4)(a)(a) As a condition to the issuance of a permit or amended permit under
sub. (3), the department may require that the applicant substantiate, by scientific evidence:
94.65(4)(a)1.
1. The efficacy and usefulness of the soil or plant additive if applied under conditions existing in this state at the amount and frequency recommended by the applicant.
94.65(4)(a)2.
2. The truthfulness of any statement made on the proposed soil or plant additive label or in a permit or amended permit application.
94.65(4)(b)
(b) The department may require that the substantiation under
par. (a) 1. include replicable results of controlled experimental studies using the soil or plant additive, the names and qualifications of the researchers performing the studies and a complete description of the conditions and procedures of the studies.
94.65(4)(c)
(c) The department may request assistance from the University of Wisconsin-Madison College of Agricultural and Life Sciences in evaluating any substantiating evidence required under this subsection.
94.65(5)
(5) Label. Every soil or plant additive distributed in this state shall be clearly and conspicuously labeled with the following information:
94.65(5)(a)
(a) The name and address of the permit holder under
sub. (3).
94.65(5)(b)
(b) The brand or product name of the soil or plant additive.
94.65(5)(c)
(c) The net weight or liquid measure of the soil or plant additive contained in the package, container or bulk shipment to which the label refers.
94.65(5)(d)
(d) The specific purpose or use for which the soil or plant additive is claimed to be effective.
94.65(5)(e)
(e) Complete directions for use of the soil or plant additive, including the recommended amount and frequency of application.
94.65(5)(f)
(f) A guaranteed analysis of the contents of the soil or plant additive which shall include:
94.65(5)(f)1.
1. The name and percentage by weight of each active ingredient, listed under the heading "ACTIVE INGREDIENTS". For microbiological products, the statement of active ingredients shall state the number and kind of viable microorganisms per milliliter of liquid product, or per gram of nonliquid product.
94.65(5)(f)2.
2. The name and percentage by weight of each inert ingredient, listed under the heading "INERT INGREDIENTS".
94.65(5)(g)
(g) Any other information required by department rule.
94.65(6)(a)(a) Each person holding a permit for the distribution of a soil or plant additive under
sub. (3) shall:
94.65(6)(a)1.
1. Annually by March 31, file with the department a tonnage report setting forth the number of tons of each soil or plant additive distributed during the preceding year by that person or by any other person authorized under
sub. (3) (a) 2. to distribute under the name of that person and pay to the department a fee of 25 cents per ton so distributed. The minimum total fee is $25.
94.65(6)(a)2.
2. Maintain, for 2 years following the date the tonnage report required under
subd. 1. is filed, distribution records upon which the tonnage report is based. The permit holder shall make the distribution records available for inspection, copying and audit by the department upon request.
94.65(6)(a)3.
3. Annually by March 31, pay to the department a research fee of 10 cents for each ton of soil or plant additive distributed as described in the tonnage report filed under
subd. 1. The minimum research fee is $1 for 10 tons or less. The department shall credit this fee to the appropriation account under
s. 20.115 (7) (h).
94.65(6)(a)4.
4. Annually by March 31, pay to the department a groundwater fee of 10 cents for each ton of soil or plant additive distributed, as described in the tonnage report filed under
subd. 1. The minimum groundwater fee is $1 for 10 tons or less. All groundwater fees shall be credited to the environmental fund for environmental management.
94.65(6)(b)
(b) If by March 31 a person holding a permit under
sub. (3) has failed to file a tonnage report or to pay the inspection fee required under
par. (a), the department may summarily suspend or revoke the permit or license issued under this section. A penalty of 10% of the inspection fee due shall be assessed against the permit holder for all inspection fees not paid when due. The minimum total penalty is $10. An unpaid inspection fee or penalty shall constitute a debt owed the department by the permit holder until paid. The department may not issue or renew a license or issue a permit or amended permit to a person owing an unpaid inspection fee or penalty.
94.65(7)
(7) Prohibitions. No person may:
94.65(7)(a)
(a) Distribute a soil or plant additive in violation of this section or of rules promulgated under this section.
94.65(7)(b)
(b) Distribute a soil or plant additive which is toxic or injurious to plants when applied according to label directions.
94.65(7)(c)
(c) Make, in connection with the distribution or promotion of a soil or plant additive, any false, deceptive or misleading claim, representation or label statement.
94.65(7)(d)
(d) Make, in connection with the distribution or promotion of a soil or plant additive, any performance, use or efficacy claim:
94.65(7)(d)1.
1. Which exceeds the authorization of a permit issued for distribution of the soil or plant additive under this section;
94.65(7)(d)2.
2. Which is inconsistent with the product label; or
94.65(7)(d)3.
3. Without having scientific substantiation for the claim at the time the claim is made.
94.65(7)(e)
(e) Make any false, deceptive or misleading statement in a permit application or in a report or other document submitted to the department under this section.
94.65(7)(f)
(f) Distribute a soil or plant additive under a label which has not been filed with the department.
94.65(7)(g)
(g) Imply or directly state that the department endorses or warrants the efficacy of a soil or plant additive.
94.65(8)
(8) Inspection, sampling and analysis. 94.65(8)(a)(a) The department may inspect, sample and analyze a soil or plant additive distributed in this state and investigate possible violations of this section and of rules promulgated under this section.
94.65(8)(b)
(b) The department may enter at all reasonable times any building, conveyance or premises used in the manufacture or distribution of soil or plant additives in this state to inspect or sample a soil or plant additive.
94.65(8)(c)
(c) Upon request of the department, a distributor of a soil or plant additive shall provide the department with a product sample, copy of advertising or label or any other data or information concerning the composition of the soil or plant additive or concerning any claim or representation made in connection with the soil or plant additive.
94.65(9)
(9) Rules. The department may promulgate rules to implement and administer this section.
94.65(10)(a)1.1. If the department has reasonable cause to believe that a soil or plant additive is being distributed in this state in violation of this section or of rules promulgated under this section, the department may serve a written order upon the owner or custodian of the soil or plant additive, temporarily prohibiting the distribution or movement of the product, pending further inspection, sampling or laboratory analysis. No person may distribute or move for any purpose the soil or plant additive described in the temporary holding order while the order is in effect unless the department has approved the distribution or movement.
94.65(10)(a)2.
2. The temporary holding order remains in effect for 60 days after the date of service, unless the order is terminated earlier by the department under
subd. 3.
94.65(10)(a)3.
3. If the department determines that the distribution of the soil or plant additive does not violate this section or rules promulgated under this section, the department shall promptly terminate the temporary holding order by giving written notice to the owner or custodian.
94.65(10)(b)1.1. If the department determines that the distribution of the soil or plant additive is in violation of this section or of rules promulgated under this section, the department may extend the order by serving written notice on the owner or custodian of the soil or plant additive. No person may distribute, move or dispose of the soil or plant additive described in the extended holding order unless the department has approved the distribution, movement or disposition.
94.65(10)(b)2.
2. An extended holding order remains in effect until the department and the owner or custodian of the soil or plant additive have agreed on conditions of final disposition of the soil or plant additive or until the department authorizes or directs other disposition.
94.65(10)(c)
(c)
Right to hearing. Holding orders under
pars. (a) and
(b) are subject to a right of hearing before the department if a request for hearing is made within 10 days after the date of service of the notice of the temporary or extended holding order.
94.65(10)(d)
(d)
Injunction. Upon petition of the department, any court having equity jurisdiction may grant an injunction or order under
s. 813.025 (2) for any violation of this section or of rules promulgated under this section.
94.65(11)(a)(a) Any person who violates this section or a rule promulgated under this section shall forfeit not more than $500 for each violation.
94.65(11)(b)
(b) Any person who willfully violates this section shall be fined not more than $5,000 or imprisoned not more than one year in the county jail or both. Restitution shall be in accordance with
s. 973.20, except that an injured party shall receive the amount determined under
s. 973.20 plus $50.
94.65(12)
(12) Damages. Any person suffering damages because of a violation of this section by another person may sue for damages in any court of competent jurisdiction and may recover twice the amount of the proven loss, together with costs including reasonable attorney fees, notwithstanding
s. 814.04 (1).
94.66
94.66
Sale of agricultural lime; license; penalty. 94.66(1)(1) Unless the context requires otherwise:
94.66(1)(am)
(am) "Liming material" means any material which contains calcium or calcium and magnesium compounds, is capable of neutralizing soil acidity and is manufactured, sold or distributed for the purpose of neutralizing soil acidity or liming barns. "Liming material" includes any form of limestone, quicklime, hydrated lime, marl, paper mill refuse lime, blast furnace slag or mine tailings.
94.66(1)(b)
(b) "Person" means an individual, firm, association, limited liability company, corporation or county.
94.66(2)
(2) No person may engage in the business of selling or distributing liming material in this state without first obtaining a license therefor from the department unless the person is engaged in the business of selling or distributing such product produced by another already licensed to do business under this section.
94.66(3)
(3) Application for license shall be made upon forms furnished upon request by the department and shall state the applicant's name and business address, the exact location of places of manufacture of the applicant's products, a description of the products that are to be sold, and any other information that the department requires. An application may be amended upon written notice from the applicant.
94.66(4)
(4) Each application shall be accompanied by a fee of $10.
94.66(5)
(5) Licenses to engage in the selling or distribution of liming material shall expire on December 31 next following date of issue.
94.66(6)(a)(a) Every person engaged in the business of selling or distributing liming material shall furnish each purchaser on final delivery of a lot or order of liming material a written statement showing total amount delivered in tons and the grade thereof as defined in
par. (b). A written statement setting forth the grade of the liming material being transported shall accompany each vehicle when making delivery. All liming material shall be distributed on a scale weight basis, except that where no weighing facilities are readily available and on prior approval of the department, liming materials may be distributed by volume if each vehicle transporting liming materials is accurately and conspicuously marked to show cubic yard capacity from which the seller must guarantee a ton weight equivalent based on rules established by the department. This paragraph does not apply to marl or paper mill refuse lime as these materials are distributed on an equivalent cubic yard basis as prescribed by department rule.
94.66(6)(b)1.1. "Neutralizing index" means the effectiveness of liming material to change soil acidity expressed as a whole number calculated by the following method. The summation of the following 3 quantities is obtained:
94.66(6)(b)1.a.
a. The percentage of material passing a U.S. standard 8 mesh sieve, but retained by a U.S. standard 20 mesh sieve is multiplied by 0.2;
94.66(6)(b)1.b.
b. The percentage of material passing a U.S. standard 20 mesh sieve, but retained by a U.S. standard 60 mesh sieve is multiplied by 0.6; and
94.66(6)(b)1.c.
c. The percentage of material passing a U.S. standard 60 mesh sieve is multiplied by 1.0.
94.66(6)(b)2.
2. This summation is multiplied by the calcium carbonate equivalent of the liming material under consideration to obtain the neutralizing index. The formula is: Neutralizing index = [(%8-20 mesh × 0.2) + (%20-60 mesh × 0.6) + (%finer than 60 mesh × 1.0)] × % calcium carbonate equivalent.
94.66(6)(b)3.
3. "Index zones" means the classification of liming material into numerical ranges of neutralizing indexes.
94.66(6)(c)
(c) All weights as called for under
par. (a) shall be expressed on the basis of not more than 8% of moisture. For the purposes of the specifications in
par. (b), "calcium carbonate equivalent" means the acid neutralizing capacity of oven-dried material expressed as the percentage by weight of calcium carbonate. In addition to the grade designation, the actual screen analysis and neutralizing value may be given. Any misleading representation on the written statement of guarantee is unlawful.
94.66(7)
(7) The department shall enforce this section by inspectors, chemical analyses and other appropriate methods and for such purposes employees and agents of the department shall have free access during business hours to all places of business, buildings and vehicles used in the manufacture, transportation, sale or storage of liming material.
94.66(8)
(8) Except as provided in
s. 93.135, the department may revoke a license, after reasonable notice, only for willful failure to comply with any of the provisions of this section and in the event the license is revoked the licensee may have the order of revocation reviewed by the circuit court of the county wherein the producing plant is located and the review by the court shall be of all questions therein whether of fact or law; any such appeal must be taken within 20 days of the date of the service of the order of revocation upon the licensee.
