(1) GENERAL.
(a) Except as provided in par. (b), no person
may distribute a soil or plant additive in this state without a permit from the
department under this section. The department shall review permit applications
according to subch. IV.
(b)
Paragraph (a) does not apply to a soil or plant additive labeled solely for
organic crop production if all of the following apply:
1. The product qualifies, or all of its
active ingredients qualify, under 7 CFR 205 for use in organic crop
production.
2. The product label
discloses the listing or approval under subd. 1.
3. The product 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.
(2) PERMIT APPLICATIONS. A person seeking a
permit under sub. (1) 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 license number under s.
ATCP 40.20. If the applicant does not have a license under
s.
ATCP 40.20, the applicant shall also submit a license
application under s.
ATCP 40.20(3). No permit under this
section is valid unless the permit holder also holds a current license under s.
ATCP 40.20.
(b)
The name, business address, and license number under s.
ATCP 40.20 of the person who manufactures the soil or plant
additive, if the applicant is not the manufacturer.
(c) The product label, including all of the
information required under s.
ATCP 40.24.
(d)
Proposed labeling, including any advertising or promotional materials that make
content or performance claims not included on the product label.
(e) A fee of $100.
(f) The following written statement signed by
the applicant:
"I hereby certify all the following:
1.
This product is effective and useful
for all labeled purposes when applied under Wisconsin conditions according to
label directions.
2.
The statements on the product 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
product and its labeling comply with ch. ATCP 40, Wis. Adm.
Code."
(g) A
method of analysis for each guaranteed active ingredient in the soil or plant
additive. The method shall be one of the following:
1. A method contained in the "Official
Methods of Analysis of AOAC International", 20th edition (2016).
Note: The "Official Methods of Analysis of
AOAC International", 20th edition (2016) is on file with the department and the
legislative reference bureau.
2. For humic substances, the method contained
in Appendix B.
3.
A method provided by the applicant and approved in writing by the department.
The department may not approve a method under this subdivision if a method
applies under subd. 1. or 2. A method approved under this subdivision must be
relevant and scientifically defensible.
(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
(3) PERMIT NOT TRANSFERABLE. A permit under
this section covers only one soil or plant additive product. A permit is not
transferable between persons or products.
(4) FERTILIZER-ADDITIVE COMBINATIONS. A
permit under this section does not authorize a person to distribute a
fertilizer-additive combination unless the person also holds a fertilizer
license under s.
ATCP 40.04 and
a fertilizer permit, if required, under s.
ATCP 40.12.
(5)
ACTION ON PERMIT APPLICATION. The department shall act on a permit application
according to subch. IV.
