The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB24,1 1Section 1 . 94.64 (1) (a) of the statutes is renumbered 94.64 (1) (ar).
SB24,2 2Section 2 . 94.64 (1) (ag) of the statutes is created to read:
SB24,2,53 94.64 (1) (ag) “Beneficial substance” means a substance other than a plant
4nutrient that improves the nourishment of cultivated plants or improves the
5physical, chemical, or biological properties of soil.
SB24,3 6Section 3 . 94.64 (1) (u) of the statutes is created to read:
SB24,2,87 94.64 (1) (u) “Vermicompost” means a mixture of composted materials and
8worm castings produced from a composting process that uses earthworms.
SB24,4 9Section 4. 94.64 (2) (f) of the statutes is created to read:
SB24,2,1310 94.64 (2) (f) Notwithstanding pars. (a) 3. and 4., (b) 5. and 6., and (e), all of the
11following apply to a label or written or printed invoice or statement pertaining to a
12fertilizer produced from converting unmanipulated animal or vegetable manure into
13compost or vermicompost and their derivatives:
SB24,3,4
11. If the label, invoice, or statement includes a typical analysis, as defined in
2s. 94.65 (1) (fm), of the plant nutrients contained in the fertilizer, the label, invoice,
3or statement is not required to include a grade or guaranteed analysis for a plant
4nutrient.
SB24,3,95 2. If the truthfulness of a representation made by a label, invoice, or statement
6about the amount of plant nutrients contained in the fertilizer is substantiated by
7a typical analysis, as defined in s. 94.65 (1) (fm), or other scientifically validated
8analytical method, the representation is not required to be substantiated by a
9guaranteed analysis.
SB24,3,1410 3. If the truthfulness of a representation made by a label, invoice, or statement
11about the amount of beneficial substances contained in the fertilizer is substantiated
12by a typical analysis, as defined in s. 94.65 (1) (fm), or other scientifically validated
13analytical method, the representation is not required to be substantiated by a
14guaranteed analysis.
SB24,5 15Section 5. 94.64 (3m) (a) (intro.) of the statutes is amended to read:
SB24,3,1816 94.64 (3m) (a) (intro.) No person may distribute mixed fertilizer in which the
17sum of the guarantees for nitrogen, available phosphate, and soluble potash totals
18less than 24 percent unless any of the following applies:
SB24,6 19Section 6. 94.64 (3m) (a) 1. of the statutes is amended to read:
SB24,3,2120 94.64 (3m) (a) 1. The mixed fertilizer is exempted from this requirement by
21department rule; or under sub. (9) (g).
SB24,7 22Section 7. 94.64 (3m) (a) 3. of the statutes is created to read:
SB24,3,2523 94.64 (3m) (a) 3. The mixed fertilizer is produced from converting
24unmanipulated animal or vegetable manure into compost or vermicompost and their
25derivatives.
SB24,8
1Section 8. 94.64 (9) (c) of the statutes is amended to read:
SB24,4,62 94.64 (9) (c) Governing methods of sampling, testing, examining and analyzing
3fertilizer, except that no rule under this paragraph may exclude the use of typical
4analysis, as defined in s. 94.65 (1) (fm), or other scientifically validated analytical
5methods for substantiating the truthfulness of representations made under sub. (2)
6(f) 2. or 3
.
SB24,9 7Section 9 . 94.65 (1) (bm) of the statutes is created to read:
SB24,4,118 94.65 (1) (bm) “Compost-based soil or plant additive” means a soil or plant
9additive that is produced from converting unmanipulated animal or vegetable
10manure into compost or vermicompost, as defined in s. 94.64 (1) (u), and their
11derivatives.
SB24,10 12Section 10 . 94.65 (1) (fm) of the statutes is created to read:
SB24,4,1413 94.65 (1) (fm) “Typical analysis” means an analysis of contents that is based
14on the average amount of substances contained.
SB24,11 15Section 11 . 94.65 (4) (a) (intro.) of the statutes is amended to read:
SB24,4,1816 94.65 (4) (a) (intro.) As a condition to the issuance of a permit or amended
17permit under sub. (3), the department, subject to sub. (5m), may require that the
18applicant substantiate, by scientific evidence:
SB24,12 19Section 12 . 94.65 (4) (b) of the statutes is amended to read:
SB24,4,2420 94.65 (4) (b) The Subject to sub. (5m) (a), the department may require that the
21substantiation under par. (a) 1. include replicable results of controlled experimental
22studies using the soil or plant additive, the names and qualifications of the
23researchers performing the studies and a complete description of the conditions and
24procedures of the studies.
SB24,13 25Section 13 . 94.65 (5m) of the statutes is created to read:
SB24,5,3
194.65 (5m) Compost-based soil or plant additives. (a) The department may
2not require that the substantiation under sub. (4) (a) and (b) related to a
3compost-based soil or plant additive include a controlled experimental field test.
SB24,5,84 (b) If the truthfulness of a statement on a proposed soil or plant additive label
5or in a permit or amended permit application is substantiated by a typical analysis
6and the proposed soil or plant additive is a compost-based soil or plant additive, the
7department may not require the truthfulness of the statement to be substantiated
8by a guaranteed analysis.
SB24,5,119 (c) Notwithstanding sub. (5) (f), if a compost-based soil or plant additive is
10labeled with a typical analysis of its contents, the compost-based soil or plant
11additive is not required to be labeled with a guaranteed analysis of its contents.
SB24,5,1212 (End)
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