Current through August 26, 2024
(1) ANNUAL LICENSE REQUIRED. Except as
provided in sub. (2), no person may manufacture or distribute a fertilizer in
this state without an annual license from the department. A separate license is
required for each business location or mobile unit at which a person
manufactures fertilizer in this state. A license is not transferable between
persons or locations. A license expires on September 30 of each year.
Note: Since a license is not transferable
between persons, a license holder must re-apply for a license if it changes its
legal identity.
(2) LICENSE
EXEMPTIONS. Subsection (1) does not apply to a person who does only the
following:
(a) Distributes fertilizer
materials to a licensed fertilizer manufacturer for further
manufacturing.
(b) Distributes
packaged fertilizer in its original package, as packaged and labeled by a
person who holds a fertilizer license under sub. (1) and a product permit if
required for that fertilizer under s.
ATCP 40.12. A
person does not qualify for this exemption if the person makes any additional
content or performance claims for the packaged fertilizer.
(c) Distributes bulk fertilizer obtained from
a supplier licensed under sub. (1) if all of the following apply:
1. The person does not mix or blend bulk
fertilizer, except to combine identically labeled lots of bulk fertilizer
received from the same licensed supplier.
2. The bulk fertilizer bears the label
information provided by the licensed supplier, including the supplier's name,
product name, fertilizer grade, and guaranteed analysis.
(3) LICENSE APPLICATION. A person
shall apply for an annual fertilizer license on a form provided by the
department. A license application shall include all of the following:
(a) The applicant's correct legal name, and
any trade name under which the applicant does business.
(b) The applicant's social security number if
the applicant is an individual. If the applicant is a partnership, the
application shall include the social security number of each individual
partner.
Note:A social security number is required
under s.
93.135(1) (cm), Stats.
(c) Each address from which the applicant
proposes to do business in this state.
(d) Each address and mobile unit at which the
applicant proposes to manufacture fertilizer in this state. Before adding a
manufacturing location or mobile manufacturing unit during a license year, a
license holder shall obtain an additional license for that location or
unit.
(e) The fees and surcharges
required under sub. (4).
(f) A
current list of fertilizer products which the applicant proposes to manufacture
or distribute, and for which the applicant is required to have permits under s.
ATCP 40.12.
The application shall include a current label for each of those products.
Note: A license under sub. (1) does not
authorize the license holder to manufacture or distribute a fertilizer product
for which a permit is required under s.
ATCP 40.12
unless the license holder also holds that permit.
(g) Other relevant information required by
the department.
(4)
LICENSE FEES. A person applying for an annual fertilizer license shall pay the
following fees and surcharges:
(a) A $30
license fee for each business location and each mobile unit at which the
applicant proposes to manufacture fertilizer in this state. If the applicant
distributes but does not manufacture fertilizer in this state, the applicant
shall pay a single license fee of $30.
(b) Except as adjusted under s.
94.73(15),
Stats., a $20 agricultural chemical cleanup surcharge for each business
location and each mobile unit at which the applicant proposes to manufacture
fertilizer in this state, other than a business location or mobile unit
licensed under s.
94.685 or s.
94.703,
Stats. If the applicant distributes but does not manufacture fertilizer in this
state, the applicant shall pay a single agricultural chemical cleanup surcharge
of $20.
(c) A late renewal fee
equal to 20% of the combined license fees and surcharges required under pars.
(a) and (b), if the applicant fails to apply for a renewal license before the
prior year's license expires.
Note: The late fee under par. (c) is required
by s.
93.21,
Stats.
(5) ACTION
ON LICENSE APPLICATION.
(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.
(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.
(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.
(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.
