94.64(2)(c)
(c) In lieu of grade and guaranteed analysis, custom mixed fertilizer sold in bulk may be labeled to show the weight and grade of each material in the mixture and total weight of the mixture. Grade shall be indicated if a grade is specified by the purchaser.
94.64(2)(d)
(d) All fertilizer in bulk storage shall be identified with a label attached to the storage bin or container giving the name or grade of the product.
94.64(2)(e)1.1. Guaranteed analysis for the primary nutrients of nitrogen, phosphorus and potassium shall be expressed on the label in the following order and form:
-
See PDF for table 
94.64(2)(e)2.
2. If elemental guarantees are required by department rule under
sub. (9) (a), the guaranteed analysis shall be expressed in terms of percentage of available phosphorus and potassium.
94.64(2)(e)3.
3. Additional plant nutrients, besides nitrogen, phosphorus and potassium, claimed to be present in any form or manner shall be guaranteed on the elemental basis. Other beneficial substances or compounds, determinable by laboratory methods, may be guaranteed if approved by the department.
94.64(3)(a)1.1. Except as provided in
subd. 2., no person may manufacture or distribute fertilizer in this state without an annual license from the department. A separate license is required for each business location and each mobile unit at which the person manufactures fertilizer. A license shall expire on August 14 annually and is not transferable between persons or locations.
94.64(3)(a)2.
2. Notwithstanding
subd. 1., a person who distributes only any of the following is not required to obtain a license under
subd. 1.:
94.64(3)(a)2.a.
a. Fertilizer materials to manufacturers for further manufacturing.
94.64(3)(a)2.b.
b. Packaged fertilizer that is in its original container as packaged and labeled by the manufacturer or distributor.
94.64(3)(a)2.c.
c. Bulk fertilizer that the person obtains for resale purposes from a licensed manufacturer or distributor and that is labeled as required under
sub. (2) (b) 1.,
4.,
5. and
6., with label information furnished by the licensed manufacturer or distributor.
94.64(3)(b)
(b) An applicant for a license under
par. (a) shall submit an application on a form provided by the department. The application shall include information reasonably required by the department for licensing purposes. As part of the application, the applicant shall identify each business location or mobile unit that the applicant uses to manufacture fertilizer in this state. The application shall be accompanied by all applicable fees under
sub. (3r).
94.64(3m)
(3m) NPK Percentage requirement; exemption permits. 94.64(3m)(a)(a) No person may distribute mixed fertilizer in which the sum of the guarantees for nitrogen, available phosphate and soluble potash totals less than 24% unless:
94.64(3m)(a)1.
1. The mixed fertilizer is exempted from this requirement by department rule; or
94.64(3m)(a)2.
2. The mixed fertilizer is a nonagricultural or special-use fertilizer and the person obtains a permit from the department authorizing its distribution as a nonagricultural or special-use fertilizer.
94.64(3m)(b)
(b) An application for a permit under
par. (a) 2. shall be on a form prescribed by the department and shall be accompanied by a proposed product label and a nonrefundable fee of $25. The department may require that the applicant substantiate, by scientific evidence:
94.64(3m)(b)1.
1. The efficacy and usefulness of the nonagricultural or special-use fertilizer if applied under conditions existing in this state at the amount and frequency recommended by the applicant.
94.64(3m)(b)2.
2. The truth of any statement made in the proposed product label or in the permit application.
94.64(3m)(c)1.1. If the department finds that the applicant has fulfilled the requirements of
par. (b), the department shall issue the permit.
94.64(3m)(c)2.
2. If the department finds that the applicant has failed to meet the requirements of
par. (b), the department shall issue a notice of denial of the permit.
94.64(3m)(d)
(d) Any person who wishes to change the active ingredient contents or the recommended amount or frequency of application of a nonagricultural or special-use fertilizer for which the person has received a permit under
par. (c), shall apply to the department for an amended permit.
Paragraphs (b) and
(c) apply to the issuance of amended permits.
94.64(3m)(e)
(e) No person who has been issued a permit or amended permit under this subsection may:
94.64(3m)(e)1.
1. Transfer the permit or amended permit to another person.
94.64(3m)(e)2.
2. Distribute or promote the distribution of the nonagricultural or special-use fertilizer 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.
94.64(3m)(f)
(f) Issuance of a permit or amended permit under this subsection is neither an endorsement nor a warranty by the department.
94.64(3r)(a)(a) A person applying for a license under
sub. (3) shall pay the following annual license fees:
94.64(3r)(a)1.
1. For each business location and each mobile unit that the applicant uses to manufacture fertilizer in this state, $30.
94.64(3r)(a)2.
2. If the applicant distributes, but does not manufacture, fertilizer in this state, $30.
94.64(3r)(b)
(b) Beginning with the license year that begins on August 15, 2013, a person applying for a license under
sub. (3) shall pay the following agricultural chemical cleanup surcharges, unless the department establishes different surcharges under
s. 94.73 (15):
94.64(3r)(b)1.
1. For each business location and each mobile unit that the applicant uses to manufacture fertilizer in this state, other than a business location or mobile unit that is also licensed under
s. 94.685 or
94.703, $11.20.
94.64(3r)(b)2.
2. If the applicant distributes, but does not manufacture, fertilizer in this state, $11.20.
94.64(3r)(c)
(c) The department shall deposit the license fees collected under
par. (a) in the agrichemical management fund. The department shall deposit the surcharges collected under
par. (b) in the agricultural chemical cleanup fund.
94.64(4)
(4) Tonnage fees and surcharges. 94.64(4)(a)(a)
Requirement. Except as provided in
par. (b), a person who is required to be licensed under
sub. (3) and who sells or distributes fertilizer in this state shall pay to the department the following fees and surcharges on all fertilizer that the person sells or distributes in this state:
94.64(4)(a)1.
1. A basic fee of 30 cents per ton for fertilizer sold or distributed beginning on July 1, 2001, and ending on June 30, 2012, and 23 cents per ton for fertilizer sold or distributed after June 30, 2012, with a minimum fee of $25.
94.64(4)(a)2.
2. A research fee of 17 cents per ton, with a minimum fee of $1.
94.64(4)(a)3.
3. An additional research fee of 10 cents per ton, with a minimum fee of $1.
94.64(4)(a)4.
4. A groundwater fee of 10 cents per ton, with a minimum fee of $1.
94.64(4)(a)5.
5. An agricultural chemical cleanup surcharge of 35 cents per ton on all fertilizer that the person sells or distributes in this state after June 30, 2014, unless the department establishes a different surcharge under
s. 94.73 (15).
94.64(4)(a)6.
6. Beginning on October 29, 1999, a weights and measures inspection fee of 2 cents per ton, with a minimum fee of $1.
94.64(4)(b)
(b)
Exemptions. Paragraph (a) does not apply to any of the following:
94.64(4)(b)1.
1. Fertilizer sold or distributed to a manufacturer for use in the further manufacture or processing of fertilizer.
94.64(4)(b)2.
2. Fertilizer sold or distributed to a person licensed under
sub. (3) (a), for resale by that person.
94.64(4)(c)1.1. The department shall deposit the fee under
par. (a) 1. in the agrichemical management fund.
94.64(4)(c)3.
3. The department shall credit the fees collected under
par. (a) 3. to the appropriation account under
s. 20.285 (1) (k) for the University of Wisconsin-Extension outreach services.
94.64(4)(c)4.
4. The department shall deposit the fee under
par. (a) 4. in the environmental fund for environmental management.
94.64(4)(c)5.
5. The department shall deposit the surcharge under
par. (a) 5. in the agricultural chemical cleanup fund.
94.64(5)
(5) Tonnage report and fee payment. 94.64(5)(a)(a)
Requirement. A person who is required to pay fees or surcharges under
sub. (4) shall do all of the following by August 14 annually:
94.64(5)(a)1.
1. File with the department a report that states the number of tons of each grade of fertilizer sold or distributed in this state during the 12 months ending on June 30 of that year on which the person is required to pay those fees or surcharges.
94.64(5)(a)2.
2. Pay the fees and surcharges under
sub. (4) on the tonnage reported under
subd. 1.
94.64(5)(b)
(b)
Extended deadline. The department may extend the filing deadline under
par. (a) for up to 30 days for cause, in response to a request filed before August 14.
94.64(5)(c)
(c)
Late payment. If a person fails to pay a fee or surcharge when due under this section, the amount of the fee or surcharge is increased by $10 or 10% of the amount that the fee or surcharge would have been if paid when due, whichever is greater.
94.64(5)(d)
(d)
Tonnage equivalents. A tonnage report under
par. (a) 1. shall report liquid fertilizer tonnage in terms of dry fertilizer tonnage equivalents, as prescribed by the department.
94.64(5)(e)
(e)
Audit. The department may audit a tonnage report under
par. (a) 1., including the records on which the tonnage report is based.
94.64(6)
(6) Records. A person who manufactures, sells or distributes fertilizer in this state shall keep records showing the grades and quantities of fertilizer manufactured, sold or distributed in this state. The person shall keep the records relating to the 12 months covered by a report under
sub. (5) (a) 1. for at least 24 months following the date of filing the report. The person shall make the records available to the department for inspection and copying upon request.
94.64(6m)
(6m) Records confidential. The department may not disclose information obtained under
sub. (5) or
(6) that reveals the grades or amounts of fertilizer sold or distributed by any person. This subsection does not prohibit the department from preparing and distributing aggregate information that does not reveal the grades or amounts of fertilizer sold or distributed by individual sellers or distributors.
94.64(6p)(a)(a) The department may by written notice, without prior hearing, summarily suspend the license of any person who fails to file a report or pay a fee or surcharge as required under
sub. (5).
94.64(6p)(b)
(b) A summary license suspension under
par. (a) takes effect on the date specified in the notice, which may be no sooner than 10 days after the date on which the notice is received by the recipient.
94.64(6p)(c)
(c) A person whose license is suspended under
par. (a) may request a meeting concerning the suspension. The department shall hold an informal meeting with the requester as soon as reasonably possible and not more than 10 days after the requester makes the request in writing, unless the requester agrees to a later date. If the matter is not resolved at the informal meeting, the requester may request a formal contested case hearing under
ch. 227. A request for a hearing does not stay a summary suspension under
par. (a).
94.64(6p)(d)
(d) A person who is required to pay a fee or surcharge under
sub. (5) remains obligated to pay the fee or surcharge regardless of whether the person continues to be licensed under this section.
94.64(7)
(7) Prohibitions. It is unlawful for any person:
94.64(7)(a)
(a) To distribute any fertilizer in violation of this section or rules promulgated under this section.
94.64(7)(b)
(b) To make any false, deceptive or misleading guarantee, claim or representation in connection with the distribution of fertilizer.
94.64(7)(c)
(c) To manufacture or distribute any fertilizer without a license required by
sub. (3).
94.64(7)(d)
(d) To make any false or misleading statement in an application for a license or in any inspection fee or statistical report, or in any other statement or report filed with the department.
94.64(8)
(8) Inspection, sampling and analysis. 94.64(8)(a)(a) The department shall inspect, sample and analyze fertilizer distributed within the state at such time and place and to such extent as is necessary to determine compliance with this section.
94.64(8)(b)
(b) The department may enter, at all reasonable times, any building, conveyance or premises used in the manufacture and distribution of fertilizer in this state to determine compliance with this section and to stop any conveyance transporting fertilizer for the purpose of inspecting and sampling the fertilizer and examining its labeling.
94.64(8)(c)
(c) Manufacturers or distributors of fertilizer shall submit to the department, on request, fertilizer samples, copies of labeling or any other data or information which the department requests concerning composition and claims and representations made for fertilizer manufactured or distributed by them in this state.
94.64(8m)(a)(a)
Use of funds. At the end of each fiscal year, the moneys collected under
sub. (4) (a) 2. and
s. 94.65 (6) (a) 3. shall be forwarded to the University of Wisconsin System to be used for research on soil management, soil fertility, plant nutrition problems and for research on surface water and groundwater problems which may be related to fertilizer usage; for dissemination of the results of the research; and for other designated activities tending to promote the correct usage of fertilizer materials.
94.64(8m)(b)
(b)
Fertilizer research council. The fertilizer research council shall recommend projects to be financed by fertilizer research funds. Members of the council shall meet at least annually to select projects to recommend for funding. The recommendations shall be made by majority vote of the council. If the University of Wisconsin System is unable to carry on the projected research, the council may recommend other appropriate nonprofit research institutions or agencies for receipt of funds.
94.64(9)
(9) Rules. The department may promulgate rules:
94.64(9)(a)
(a) Requiring that the guaranteed analysis of phosphorus and potassium be expressed in the elemental form. If adopted, such rule shall not take effect prior to July 1, 1972, and shall provide for an additional period of at least 5 years during which both the oxide and the elemental guarantees for phosphorus and potassium may be given on the same label.
94.64(9)(b)
(b) Regulating the sale and labeling of fertilizer, including warning or caution statements or directions for use in connection with the labeling of fertilizer.
94.64(9)(c)
(c) Governing methods of sampling, testing, examining and analyzing fertilizer.
94.64(9)(d)
(d) Prescribing tolerances for deficiencies found in percentages of plant nutrient guaranteed to be present.
