Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 20-54 - Agricultural Resource Management
Chapter ATCP 40 - Fertilizer And Related Products
Subchapter VI - Enforcement and Appeals
Section ATCP 40.58 - Stop sale and holding orders

Universal Citation: WI Admin Code ยง ATCP 40.58

Current through August 26, 2024

(1) STOP SALE ORDER. The department may issue a written order prohibiting the distribution or movement of a product if the department finds that the product is distributed in violation of s. 94.64 or 94.65, Stats., or this chapter. No person may distribute or move a product in violation of the department's order.

Note: See ss. 94.64(11) (a) and (b) and 94.65(10) (b), Stats.

(2) TEMPORARY HOLDING ORDER.

(a) The department may issue a written holding order, temporarily prohibiting the distribution or movement of a product, if the department has reason to believe that the product is distributed in violation of s. 94.64 or 94.65, Stats., or this chapter. The department may issue a temporary holding order pending further examination or analysis to determine whether there is a violation of s. 94.64 or 94.65, Stats., or this chapter. No person may distribute or move a product in violation of a temporary holding order.

Note: See ss. 94.64(11) (b) and 94.65(10) (a), Stats.

(b) A temporary holding order on a fertilizer remains in effect for 15 days unless the department extends or withdraws the order. The department may extend the temporary holding order for up to 15 days to complete sampling, analysis and evaluation of the fertilizer and its labeling.

(c) A temporary holding order on a soil or plant additive or a fertilizer-additive combination remains in effect for 60 days unless the department withdraws the order.

(3) SERVING AN ORDER. The department shall serve an order under sub. (1) or (2) by delivering or mailing a copy to the owner or custodian of the product, or by posting a copy in a conspicuous place on or near the product.

(4) RELEASING AN ORDER. The department may release an order if any of the following apply:

(a) The department finds that the violation has been corrected.

(b) The department determines, upon further investigation, that there is no violation.

(c) The department determines that the order is not necessary or appropriate, or is no longer necessary or appropriate.

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