ATCP 40.10(8)(b) (b) No fertilizer label may identify nitrogen as organic unless the water insoluble or slow release nitrogen guarantee is at least 60% of the non-urea nitrogen designated as organic.

ATCP 40.10(9) (9) Phosphite and phosphorous acid.

ATCP 40.10(9)(a) (a) Notwithstanding sub. (5) (a):

ATCP 40.10(9)(a)1. 1. No fertilizer labeling may identify phosphite or phosphorous acid as a fertilizer ingredient.

ATCP 40.10(9)(a)2. 2. No phosphate nutrient guarantee may include any phosphate derived from phosphite or phosphorous acid.

ATCP 40.10(9)(b) (b) Paragraph (a) does not prohibit the identification, in a fertilizer–pesticide combination, of a pesticide containing phosphite or phosphorous acid.

ATCP 40.10(10) (10) Fertilizer-additive combinations. The guaranteed analysis for a fertilizer-additive combination shall be in the format shown in Appendix A. Enhancing nutrients other than cobalt and sodium, if claimed, shall be guaranteed as soil or plant additive active ingredients.

ATCP 40.10 Note Note: See definitions of “enhancing element” and “fertilizer-additive combination” in s. ATCP 40.02 (7) and (9).

ATCP 40.10 History History: CR 04-140: cr. Register September 2005 No. 597, eff. 10-1-05; CR 14-047: am. (4) (b) 2. Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (4) (b) 2. Register August 2016 No. 728, eff. 9-1-16; CR 18-019: am. (4) (b) 2. Register January 2020 No. 769, eff. 2-1-20.

ATCP 40.12 ATCP 40.12 Fertilizer permits.

ATCP 40.12(1) (1) Permit required. Except as provided in sub. (2), no person may distribute a mixed fertilizer for which the sum of the primary plant nutrient guarantees totals less than 24% unless one of the following applies:

ATCP 40.12(1)(a) (a) The distribution is for special agricultural uses, pursuant to a permit under sub. (4).

ATCP 40.12(1)(b) (b) The distribution is for nonagricultural uses, pursuant to a permit under sub. (5).

ATCP 40.12(2) (2) Exemptions. Subsection (1) does not apply to any of the following:

ATCP 40.12(2)(a) (a) A fertilizer labeled with the statement “for further manufacturing use only” and distributed to licensed fertilizer manufacturers who use the fertilizer only for further manufacturing.

ATCP 40.12(2)(b) (b) A fertilizer provided without cost to a recognized research institution solely for the purpose of conducting scientific research.

ATCP 40.12(2)(c) (c) A fertilizer derived from a single source material of uniform plant nutrient content, provided that all of the following apply:

ATCP 40.12(2)(c)1. 1. The source material is accurately described by a term defined in the Official Publication of the Association of American Plant Food Control Officials, No. 71 (2018).

ATCP 40.12 Note Note: The Official Publication of the Association of American Plant Food Control Officials, No. 71 (2018) is on file with the department and the legislative reference bureau. Copies may be obtained from the treasurer of the Association of American Plant Food Control Officials, Inc., North Carolina Department of Agriculture, P.O. Box 33508, Raleigh, NC 33636-3508, or online at http://www.aapfco.org.

ATCP 40.12(2)(c)2. 2. The source material and the fertilizer are clearly and conspicuously labeled using the defined term under subd. 1.

ATCP 40.12(2)(d) (d) A fertilizer labeled solely for organic crop production if all of the following apply:

ATCP 40.12(2)(d)1. 1. The fertilizer qualifies, or all of its ingredients qualify, under 7 CFR 205 for use in organic crop production.

ATCP 40.12(2)(d)2. 2. The fertilizer label discloses the listing or approval under subd. 1.

ATCP 40.12(2)(d)3. 3. The fertilizer label conspicuously states that “This product is intended for use according to an approved organic system plan.”

ATCP 40.12(2)(d)4. 4. The manufacturer or distributor makes no performance claims for the product.

ATCP 40.12(2)(d)5. 5. The product label provides use directions, including use rates and methods of application.

ATCP 40.12(3) (3) Permit application. A person seeking a permit under sub. (4) or (5) shall apply on a form provided by the department. The application shall include all of the following:

ATCP 40.12(3)(a) (a) The applicant’s name, business address, and fertilizer license number under s. ATCP 40.04. If the applicant does not have a fertilizer license, the applicant shall also submit a license application under s. ATCP 40.04. No permit under sub. (4) or (5) is valid unless the permit holder also holds a current license under s. ATCP 40.04.

ATCP 40.12(3)(b) (b) The name, business address, and fertilizer license number of the fertilizer manufacturer if the applicant is not the manufacturer.