Section ATCP 40.12 - Fertilizer permits(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:(a) The distribution is for special agricultural uses, pursuant to a permit under sub. (4).(b) The distribution is for nonagricultural uses, pursuant to a permit under sub. (5).(2) EXEMPTIONS. Subsection (1) does not apply to any of the following:(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.(b) A fertilizer provided without cost to a recognized research institution solely for the purpose of conducting scientific research.(c) A fertilizer derived from a single source material of uniform plant nutrient content, provided that all of the following apply: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). 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.
2. The source material and the fertilizer are clearly and conspicuously labeled using the defined term under subd. 1.(d) A fertilizer labeled solely for organic crop production if all of the following apply: 1. The fertilizer qualifies, or all of its ingredients qualify, under 7 CFR 205 for use in organic crop production.2. The fertilizer label discloses the listing or approval under subd. 1.3. The fertilizer label conspicuously states that "This product is intended for use according to an approved organic system plan."4. The manufacturer or distributor makes no performance claims for the product.5. The product label provides use directions, including use rates and methods of application.(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: (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.(b) The name, business address, and fertilizer license number of the fertilizer manufacturer if the applicant is not the manufacturer.(c) The fertilizer label.(d) Proposed labeling, including any advertising or promotional materials that make content or performance claims not included on the product label.(e) A statement indicating whether the applicant seeks a permit under sub. (4) or (5), or both. Note: A person may, for a single product, need permits under both subs. (4) and (5).
(f) A fee of $25 for each requested permit.(g) The following written statement signed by the applicant: "I hereby certify all the following:
1.When applied for labeled purposes according to label directions, this fertilizer provides available nutrients in amounts that are efficacious and useful under Wisconsin conditions. Except as otherwise specifically disclosed on the product label, use according to label directions provides annual nutrient amounts that equal or exceed annual plant nutrient needs.2.The statements on this fertilizer label, and in related advertising and promotional materials, are truthful. The applicant has relevant and reliable information to substantiate all product labeling, including any claim or guarantee related to product contents. The applicant has relevant scientific evidence to substantiate all express and implied performance claims.3.This fertilizer product and its labeling comply with ch. ATCP 40, Wis. Adm. Code."(h) Other relevant information required by the department. Note: You may obtain a permit application form from the department at the following address:
Department of Agriculture, Trade and Consumer Protection
ARM Division
PO Box 8911
Madison, WI 53708-8911.
(4) SPECIAL AGRICULTURAL USE PERMIT. The department may issue a special agricultural use permit if the department finds, based on a review under subch. IV, that the application is complete and the fertilizer is designed and labeled as a special agricultural-use fertilizer.(5) NONAGRICULTURAL USE PERMIT. The department may issue a nonagricultural use permit if the department finds, based on a review under subch. IV, that the application is complete and the fertilizer is designed and labeled only as a nonagricultural-use fertilizer.(6) IMPLIED WARRANTY. A person who distributes a fertilizer product pursuant to a permit under this section implicitly warrants that the product is effective for all of the purposes recommended in the product labeling, when applied under Wisconsin conditions according to the product label. This warranty does not limit any other express or implied warranty that may apply under Wisconsin law. The department does not warrant the efficacy or usefulness of any fertilizer, or the truth of any labeling statement.(7) PERMIT NOT TRANSFERABLE. A permit under this section covers only one fertilizer product. A permit is not transferable between persons or products.(8) FERTILIZER-ADDITIVE COMBINATIONS. A permit under this section does not authorize a person to distribute a fertilizer-additive combination in this state unless the person also holds a license under s. ATCP 40.20 and a permit, if required, under s. ATCP 40.28.(9) PRIMARY NUTRIENT GUARANTEES. A permit under this section may authorize a minimum guarantee of less than 1.0% for any primary plant nutrient if all of the following apply: (a) The primary plant nutrient guarantee is at least 0.1%.(b) The total of all primary plant nutrients in the product is less than 10%.(10) ACTION ON PERMIT APPLICATION. The department shall act on a permit application according to subch. IV.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 40.12
CR 04-140: cr. Register September 2005 No. 597, eff. 10-1-05.Amended by, CR 14-047: am. (2) (c) 1. Register, Register May 2015 No. 713, eff.6/1/2015Amended by, CR16-012: am. (2) (c) 1. Register August 2016 No. 728, eff. 9/1/2016Amended by, CR 18-019: am. (2) (c) 1. Register January 2020 No. 769, eff. 2/1/2020