ATCP 40.04(5)(a)(a) Except as provided in par. (d), the department shall grant or deny a license application under sub. (3) within 45 working days after the department receives a complete application.

ATCP 40.04(5)(b)(b) The department may place conditions on a license. If the department denies a license or issues a license with conditions, the department shall give the applicant written notice of its reasons.

ATCP 40.04(5)(c)(c) A license holder may not distribute a fertilizer for which a permit is also required under s. ATCP 40.12, unless the license holder also holds that permit.

ATCP 40.04(5)(d)(d) If a license applicant does not manufacture fertilizer in Wisconsin, but seeks a license only to distribute a fertilizer for which a permit is required under s. ATCP 40.12, the department may grant or deny the license application when it grants or denies the permit application.

ATCP 40.04 HistoryHistory: CR 04-140: cr. Register September 2005 No. 597, eff. 10-1-05; CR 08-075: am. (4) (b) Register April 2009 No. 640, eff. 5-1-09; CR 14-047: am. (4) (b) Register May 2015 No. 713, eff. 6-1-15; correction in (4) (b) made under s. 35.17, Stats., Register May 2015 No. 713; CR 18-019: am. (1), (4) (b), (c) Register January 2020 No. 769, eff. 2-1-20; corrections in (4) (b) made under s. 35.17, Stats., Register January 2020 No. 769.

ATCP 40.06(1)(1) Annual tonnage report and fee payment. By September 30 of each year, a person required to hold a fertilizer license under s. ATCP 40.04 shall do all of the following:

ATCP 40.06(1)(a)(a) Report to the department the number of tons of each grade of fertilizer that the person distributed in this state in the 12 months ending June 30 of that year. The person shall file the report in writing, on a form prescribed by the department.

ATCP 40.06(1)(b)(b) Pay fees and surcharges under sub. (2). The person shall include the payment with the tonnage report under par. (a).

ATCP 40.06(2)(2) Fee amounts. Except as provided in sub. (3), a person shall pay the following fees and surcharges on tonnage reported under sub. (1) (a):

ATCP 40.06(2)(c)(c) An additional research fee of 10 cents per ton, or $1, whichever is greater.

ATCP 40.06(2)(e)(e) A weights and measures inspection fee of 2 cents per ton, or $1, whichever is greater.

ATCP 40.06(2)(f)(f) An agricultural chemical cleanup surcharge of 11 cents per ton, or the adjusted amount under s. 94.73 (15), Stats.

ATCP 40.06(3)(3) Fee exemptions. The fees under sub. (2) do not apply to fertilizer sold, for resale or further manufacturing, to a person licensed under s. ATCP 40.04.

ATCP 40.06(4)(4) Combinations and fillers. A person shall include all of the following in the tonnage reported under sub. (1) (a):

ATCP 40.06(4)(b)(b) All fillers, carriers, and fluids included with a fertilizer at the time of distribution.

ATCP 40.06(5)(5) Penalties for late filing. A person who fails to comply with sub. (1) by September 30 shall pay an additional fee of 10 percent of the tonnage fees due, but not less than $10.

ATCP 40.06 NoteNote: The department may also suspend a license or permit for nonpayment of fees.

ATCP 40.06(6)(6) Tonnage information confidential. The department may not release information showing the grades or amounts of fertilizer that an individual license holder has sold, or the fees or surcharges that an individual license holder has paid under this section. The department may publish aggregate summaries that do not reveal individual license holder information.

ATCP 40.06 HistoryHistory: CR 04-140: cr. Register September 2005 No. 597, eff. 10-1-05; CR 06-028: am. (2) (f) Register November 2006 No. 611, eff. 12-1-06; CR 08-075: am. (2) (f) Register April 2009 No. 640, eff. 5-1-09; CR 14-047: am. (2) (a), (b) Register May 2015 No. 713, eff. 6-1-15; CR 18-019: am. (1) (intro.), (2) (f), (5) Register January 2020 No. 769, eff. 2-1-20; correction in (2) (f) made under s. 35.17, Stats., Register January 2020 No. 769.

ATCP 40.08(1)(1) Packaged fertilizer. Packaged fertilizer shall be clearly and conspicuously labeled with all of the following: