ATCP 40.20(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 40.20(5)(b)(b) The department may place conditions on a license. If the department denies a license application or issues a license with conditions, the department shall give the applicant written notice of the reasons.

ATCP 40.20(5)(c)(c) A license holder may not distribute a soil or plant additive for which a permit is required under s. ATCP 40.28 (1) unless the license holder also holds that permit.

ATCP 40.20(5)(d)(d) If a license applicant does not manufacture soil or plant additives in Wisconsin, but seeks a license only to distribute a soil or plant additive for which a permit is required under s. ATCP 40.28 (1), the department may grant or deny the license application when it grants or denies the permit application.

ATCP 40.22ATCP 40.22 Soil or plant additives; tonnage reports and fees.

ATCP 40.22(1)(1) Annual tonnage report and fee payment. By September 30 of each year, a person required to hold a license under s. ATCP 40.20 shall do all of the following:

ATCP 40.22(1)(a)(a) Report to the department the number of tons of each soil or plant additive the person distributed in this state from July 1 to June 30 of the preceding year. The person shall file the report in writing, on a form provided by the department.

ATCP 40.22(1)(b)(b) Pay fees and surcharges under sub. (2). The person shall include the payment with the tonnage report under par. (a).

ATCP 40.22(2)(2) Fee amounts. A person shall pay the following fees and surcharges on tonnage reported under sub. (1) (a):

ATCP 40.22(2)(a)(a) A basic fee of 25 cents per ton, or $25, whichever is greater.

ATCP 40.22(2)(b)(b) A research fee of 10 cents per ton, or $1, whichever is greater.

ATCP 40.22(2)(c)(c) A groundwater fee of 10 cents per ton, or $1, whichever is greater.

ATCP 40.22(3)(3) Combinations and fillers. A person shall include all of the following in the tonnage reported under sub. (1) (a):

ATCP 40.22(3)(a)(a) Combination products that contain a soil or plant additive, if any.

ATCP 40.22(3)(b)(b) All fillers, carriers, and fluids included with a soil or plant additive at the time of distribution.

ATCP 40.22(4)(4) 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 40.22 NoteNote: The department may also suspend a license or permit for nonpayment of fees.

ATCP 40.22 HistoryHistory: CR 04-140: cr. Register September 2005 No. 597, eff. 10-1-05; CR 18-019: am. (1) (intro.), (a), (4) Register January 2020 No. 769, eff. 2-1-20.

ATCP 40.24(1)(1) General. A soil or plant additive shall be clearly and conspicuously labeled with all of the following:

ATCP 40.24(1)(a)(a) The name and address of the manufacturer or distributor who is licensed under s. ATCP 40.20 and who also holds a permit for that product under s. ATCP 40.28 (1) if a permit is required.

ATCP 40.24(1)(b)(b) The product name of the soil or plant additive.

ATCP 40.24(1)(c)(c) The net weight or the liquid measure and density of the package or bulk delivery to which the label applies.

ATCP 40.24(1)(d)(d) The purposes for which the soil or plant additive is recommended and effective. This paragraph does not apply to a product that is distributed solely for organic crop production and qualifies for exemption under s. ATCP 40.28 (1) (b).

ATCP 40.24(1)(e)(e) Complete use directions to ensure that the product is effective for the purposes recommended in par. (d). Use directions shall identify recommended application sites, methods, rates, and frequencies. If effectiveness depends on use with other products, the label shall clearly disclose that fact.

ATCP 40.24(1)(f)(f) A guaranteed analysis that complies with s. ATCP 40.26.