94.64 Fertilizer.
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/wi/chapter-94/94-64-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
94.64 Fertilizer.
(1)Definitions. As used in this section:
(ag)“Beneficial substance” means a substance other than a plant nutrient that improves the nourishment of cultivated plants or improves the physical, chemical, or biological properties of soil.
(ar)“Brand or product name” means a name term, design or trademark used in connection with one or more grades of fertilizer and which identifies the product as fertilizer.
(b)“Bulk fertilizer” means fertilizer distributed in a nonpackaged form.
(c)“Custom mixed fertilizer” means a mixed fertilizer formulated according to individual specifications furnished by the consumer prior to mixing.
(d)“Distribute” means to import, consign, sell, offer for sale, solicit orders for sale, or otherwise supply fertilizer for sale or use in this state.
(e)“Fertilizer” means any substance, containing one or more plant nutrients, which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal or vegetable manures, marl, liming material, sewage sludge other than finished sewage sludge products, and wood ashes. “Fertilizer” includes fertilizer materials, mixed fertilizers, custom mixed fertilizers, nonagricultural fertilizers and all other fertilizers or mixtures of fertilizers, regardless of type or form.
(f)“Fertilizer material” means an element or chemical compound, or a substance manufactured by chemical reaction, which:
1. Contains one or more plant nutrients; and
2. Constitutes a component of fertilizer or is used to compound fertilizer.
(fm)“Finished sewage sludge product” means a product consisting in whole or in part of sewage sludge that is distributed to the public and that is disinfected by means of composting, pasteurization, wet air oxidation, heat treatment or other means.
(g)“Grade” means the percentage guarantee of total nitrogen, available phosphorus or available phosphate, and soluble potassium or soluble potash stated in the same order as listed in this paragraph.
(h)“Guaranteed analysis” means the percentage of each plant nutrient guaranteed or claimed to be present.
(i)“Label” means any written, printed or graphic matter on or attached to packaged fertilizer or which is used to identify fertilizer distributed in bulk or held in bulk storage.
(j)“Labeling” means all labels and other written, printed or graphic matter upon or accompanying fertilizer at any time, and includes advertising or sales literature.
(k)“Manufacture” means to process, granulate, compound, produce, mix, blend or alter the composition of fertilizer or fertilizer materials.
(L)“Mixed fertilizer” means a fertilizer containing any combination or mixture of fertilizer materials, or a fertilizer material and any other substance. A fertilizer material that contains impurities incident to the normal manufacturing or processing operations of that fertilizer material is not a mixed fertilizer as a result of the presence of such impurities unless the impurities are claimed as plant nutrients or fertilizer materials.
(Lm)“Nonagricultural fertilizer” means any fertilizer distributed for nonfarm use, such as for home gardens, lawns, shrubbery, flowers, golf courses, parks, cemeteries, greenhouses or nurseries or for research or experimental purposes.
(m)“Official sample” means a sample of fertilizer taken by a representative of the department in accordance with methods prescribed by department rules.
(n)“Packaged fertilizer” means any type of fertilizer sold in closed containers.
(o)“Percent” and “percentage” mean the percentage by weight.
(p)“Plant nutrient” means boron, calcium, chlorine, copper, iron, magnesium, manganese, molybdenum, nitrogen, phosphorus or available phosphate, potassium or potash, sodium, sulfur, zinc or any other chemical element recognized as a plant nutrient by department rule.
(pm)“Sewage sludge” means the residue material resulting from the treatment of sewage. In this paragraph, “sewage” has the meaning specified in s. 281.01
(13).
(q)“Special-use fertilizer” means fertilizer designed and labeled for use in remedying nutrient deficiencies which are unique to certain crops or certain local areas.
(r)“Ton” means a net ton of 2,000 pounds avoirdupois.
(t)“Unmanipulated animal or vegetable manure” means animal or vegetable manure which has not been treated by mechanical drying, grinding or pelletizing, by adding a substance or by any other means.
(u)“Vermicompost” means a mixture of composted materials and worm castings produced from a composting process that uses earthworms.
(2)Labeling.
(a)Any packaged fertilizer, including packaged custom mixed fertilizer, distributed in this state shall have placed on or affixed to the package a label setting forth in clearly legible and conspicuous form the following information:
1. Name and address of the licensed manufacturer or distributor.
2. Brand or product name.
3. Grade.
4. Guaranteed analysis.
5. Net weight.
(b)Any fertilizer distributed in this state in bulk shall be accompanied by a written or printed invoice or statement to be furnished to purchaser at time of delivery containing in clearly legible and conspicuous form the following information:
1. Name and address of the licensed manufacturer or distributor.
2. Name and address of the purchaser.
3. Date of sale.
4. Brand or product name.
5. Grade.
6. Guaranteed analysis.
7. Net weight.
(c)In lieu of grade and guaranteed analysis, custom mixed fertilizer sold in bulk may be labeled to show the weight and grade of each material in the mixture and total weight of the mixture. Grade shall be indicated if a grade is specified by the purchaser.
(d)All fertilizer in bulk storage shall be identified with a label attached to the storage bin or container giving the name or grade of the product.
1. Guaranteed analysis for the primary nutrients of nitrogen, phosphorus and potassium shall be expressed on the label in the following order and form:
- See PDF for table
2. If elemental guarantees are required by department rule under sub.
(a), the guaranteed analysis shall be expressed in terms of percentage of available phosphorus and potassium.
3. Additional plant nutrients, besides nitrogen, phosphorus and potassium, claimed to be present in any form or manner shall be guaranteed on the elemental basis. Other beneficial substances or compounds, determinable by laboratory methods, may be guaranteed if approved by the department.
(f)Notwithstanding pars.
(a)3. and 4. ,
(b)5. and 6. , and
(e), all of the following apply to a label or written or printed invoice or statement pertaining to a fertilizer produced from converting unmanipulated animal or vegetable manure into compost or vermicompost and their derivatives:
1. If the label, invoice, or statement includes a typical analysis, as defined in s. 94.65
(fm), of the plant nutrients contained in the fertilizer, the label, invoice, or statement is not required to include a grade or guaranteed analysis for a plant nutrient.
2. If the truthfulness of a representation made by a label, invoice, or statement about the amount of plant nutrients contained in the fertilizer is substantiated by a typical analysis, as defined in s. 94.65
(fm), or other scientifically validated analytical method, the representation is not required to be substantiated by a guaranteed analysis.
3. If the truthfulness of a representation made by a label, invoice, or statement about the amount of beneficial substances contained in the fertilizer is substantiated by a typical analysis, as defined in s. 94.65
(fm), or other scientifically validated analytical method, the representation is not required to be substantiated by a guaranteed analysis.
(3)Fertilizer license.
1. Except as provided in subd. 2. , no person may manufacture or distribute fertilizer in this state without an annual license from the department. A separate license is required for each business location and each mobile unit at which the person manufactures fertilizer. A license expires on September 30 annually and is not transferable between persons or locations.
2. Notwithstanding subd. 1. , a person who distributes only any of the following is not required to obtain a license under subd. 1. :
a. Fertilizer materials to manufacturers for further manufacturing.
b. Packaged fertilizer that is in its original container as packaged and labeled by the manufacturer or distributor.