Current through August 26, 2024
(1) PACKAGED FERTILIZER. Packaged fertilizer
shall be clearly and conspicuously labeled with all of the following:
(a) The name and address of the licensed
manufacturer or distributor.
(b)
The fertilizer product name.
(c)
The fertilizer grade if the fertilizer is represented as containing any primary
nutrients. The fertilizer grade shall conform to the guaranteed analysis for
total nitrogen (N), available phosphate
(P2O5), and soluble potash
(K2O). The grade shall be stated in whole numbers except
that a grade value may be stated in decimal units with a preceding zero when
the guarantee is less than one percent.
(d) A guaranteed analysis that complies with
s.
ATCP 40.10.
(e)
The net weight of the fertilizer contained in the package.
(f) Any statements or disclaimers required
under subs. (4) to (6).
(g) Any
other information required under this chapter.
(2) BULK FERTILIZER.
(a) A person distributing bulk fertilizer to
another person shall give the recipient a written label statement with each
delivery. The written label statement shall clearly and conspicuously disclose
all of the following:
1. The name and address
of the licensed manufacturer or distributor.
2. The name and address of the
recipient.
3. The date of
delivery.
4. The product name, if
any.
5. The fertilizer grade,
except as provided in par. (b). The fertilizer grade shall be stated in whole
numbers and shall conform to the guaranteed analysis for total nitrogen (N),
available phosphate (P2O5), and
soluble potash (K2O).
6. A guaranteed analysis, except as provided
in par. (b). The guaranteed analysis shall comply with s.
ATCP 40.10.
7.
The net weight of each lot or load included in the delivery.
8. Other information required under this
chapter.
(b) A
manufacturer who custom mixes bulk fertilizer for a purchaser may provide the
purchaser with a written statement listing the weight and grade of each
ingredient included in the custom mixed fertilizer. A manufacturer of bulk
custom mixed fertilizer may provide this written ingredient statement in place
of a written grade statement and guaranteed analysis unless the purchaser
contracts for a specified grade of custom mixed fertilizer.
(c) A person who sells bulk agricultural
fertilizer to a landowner shall record the name and address of the nutrient
management planner who prepared the landowner's nutrient management plan, if
the landowner has a nutrient management plan under s.
ATCP 50.04(3). The seller may record this
information on the label statement required under par. (a) if the seller
retains a copy of that statement. The seller shall keep the required
information for at least 24 months after the seller files the fertilizer
tonnage report required under s.
ATCP 40.06(1).
(d) A manufacturer or distributor who stores
bulk fertilizer shall attach, to each storage bin or container, a label that
clearly and conspicuously identifies the name or grade of the fertilizer stored
in that bin or container. The grade, if stated, shall be stated in whole
numbers.
Note: See ch. SPS 343 and ch. ATCP 33 related
to anhydrous ammonia systems and bulk storage of fertilizer.
(3) COMBINATION PRODUCTS.
(a) Fertilizer-additive combinations shall be
labeled according to this section and s.
ATCP 40.24. The label format shall be as shown in
Appendix A.
(b)
Fertilizer-pesticide combinations that are not custom mixed shall be labeled
according to this section and s.
ATCP 29.06.
(c)
Fertilizer-pesticide combinations that are custom mixed shall be labeled
according to this section. A person who sells or distributes a custom mixed
fertilizer-pesticide combination shall provide all of the following to the
person who receives that product from the seller or distributor:
1. The label of each pesticide used to make
the product.
2. The product's
written formula. The formula shall identify all of the pesticides and other
ingredients contained in the product, together with the amount by weight of
each ingredient.
(d)
Fertilizer-seed combinations shall be labeled according to this section and ch.
ATCP 20.
(e) Fertilizer-liming
material combinations shall be labeled according to this section and ch. ATCP
41.
(f) Combination products shall
be labeled with all the following:
1. The
purposes for which the product is effective.
2. Complete use directions to ensure
efficacy, usefulness, and safety, under Wisconsin conditions, for each purpose
identified under subd. 1. Use directions shall include recommended application
sites, rates, frequency, timing, and methods.
(g) A combination product label shall
accurately state the contents of the combination product, not just the
components of the combination product.
(4) HAZARD CAUTION STATEMENT.
(a) A fertilizer label shall include a
caution statement if the fertilizer may be toxic to plants or animals when the
fertilizer is handled or applied under reasonably foreseeable use conditions.
The label shall warn the user of the potential hazard, and shall explain how to
prevent or minimize the hazard.
(b)
Labels for fertilizer products, other than fertilizer-pesticide combination
products, shall comply with ch. ATCP 139 and ss.
100.37 and
100.42, Stats., as
applicable.
Note: For example, boron, molybdenum, and
nickel may be toxic to crops and crop-consuming animals when applied at
excessive rates or at inappropriate sites. Fertilizers containing these
substances may need caution statements to prevent or minimize toxicity hazards.
Chapter
ATCP
139 and ss.
100.37 and
100.42, Stats.,
regulate consumer product safety and hazardous substances (pesticides are
separately regulated under ss.
94.67-71,
Stats.). See also sub. (5) and s.
ATCP 40.18.
(5) FOLIAR FERTILIZERS.
(a) Except as provided in par. (b), a foliar
fertilizer label shall disclose all of the following:
1. The purposes for which the labeler claims
that foliar application is effective and useful.
2. Complete use directions to ensure that
foliar application will be effective and useful for each recommended purpose,
under Wisconsin conditions. Use directions shall identify recommended
application sites, rates, frequency, timing, and methods.
(b) Paragraph (a) does not apply if the
foliar fertilizer label includes all of the following that apply:
1. The following clear and conspicuous
written statement if the fertilizer label guarantees primary plant nutrients:
"Foliar fertilization with primary nutrients will not
provide the quantities of nutrients required for normal plant growth. This
product may cause foliar burn if applied in higher than recommended rates or
concentrations. Use only as a supplement to a regular fertilization
program."
2. The
following clear and conspicuous written statement if the fertilizer label
guarantees secondary nutrients or micronutrients:
"Foliar fertilization can be an effective remedy for
diagnosed plant deficiencies of secondary nutrients and micronutrients, but may
cause plant damage if applied at more than recommended rates or concentrations.
Use of this product is recommended only as a supplement to a regular
fertilization program and only on plants with confirmed secondary nutrient or
micronutrient deficiencies."
(6) USE DIRECTIONS.
(a) The label of a fertilizer product for
which a permit is required under s.
ATCP 40.12(1) shall clearly disclose all
of the following:
1. The purposes for which
the fertilizer product is recommended.
2. Use directions to ensure effectiveness,
under Wisconsin conditions, for each recommended purpose. Use directions for
non-agricultural fertilizers shall identify recommended application sites,
rates, frequency, timing, and methods.
(b) The department may require supplementary
label disclosures if the department finds that, in the absence of those
disclosures, the label statements under par. (a) may be deceptive or
misleading. A failure to require supplementary disclosures does not constitute
a finding, by the department, that the product is properly labeled.
Note: For example, if a label implies that a
product is effective for an entire season, but the product does not provide
enough nutrients for season-long effectiveness when applied according to label
directions, the department might require supplementary disclosures to remedy
the deceptive or misleading implication. Disclosures might include, for
example, a limitation of efficacy claims or a disclosure of nutrient amounts
compared to annual plant nutrient needs.
(7) SUBSTANTIATING FERTILIZER CLAIMS.
(a) A person who is required to hold a
license under s.
ATCP 40.04
shall have all of the following:
1. Relevant
and reliable information to substantiate all fertilizer labeling, including any
claim or guarantee related to fertilizer contents. The person shall have
substantiation for each labeling statement before making that statement.
Testimonials are not reliable information under this subdivision.
2. Relevant scientific evidence to
substantiate every performance claim made for a fertilizer product for which a
permit is required under s.
ATCP 40.12(1). Performance claims include
implied warranties, if any, under s.
ATCP 40.12(6). The scientific evidence
shall substantiate each performance claim under Wisconsin conditions, assuming
that the product is applied for recommended purposes according to label
directions. The person shall have that scientific evidence before making the
performance claim. Testimonials are not scientific evidence under this
subdivision.
(b) The
department may require a person to submit substantiating information under par.
(a). The department may require the person to submit the information before or
after the department issues a license under s.
ATCP 40.04 or
a permit under s.
ATCP 40.12.
The issuance of a license or permit does not create any finding or presumption
that the license or permit holder has complied with par. (a).
(8) TERMS AND DEFINITIONS. Terms
used in fertilizer labeling shall be consistent with the fertilizer terms and
definitions contained in the Official Publication of the Association of
American Plant Food Control Officials, No. 71 (2018
).
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.
