Section 40.08. Fertilizer labeling.

 

(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 (P 2 O 5 ), and soluble potash (K 2 O). 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 (P 2 O 5 ), and soluble potash (K 2 O).

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.

(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.

(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:

2. The following clear and conspicuous written statement if the fertilizer label guarantees secondary nutrients or micronutrients:

(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.

(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. 68 (2015).

History: CR 04-140 : cr. Register September 2005 No. 597 , eff. 10-1-05; CR 14-047 : am. (8) Register May 2015 No. 713 , eff. 6-1-15; CR 16-012 : am. (8) Register August 2016 No. 728 , eff. 9-1-16.

Note

See ch. SPS 343 and ch. ATCP 33 related to anhydrous ammonia systems and bulk storage of fertilizer. Microsoft Windows NT 6.1.7601 Service Pack 1 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 . Microsoft Windows NT 6.1.7601 Service Pack 1 "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." Microsoft Windows NT 6.1.7601 Service Pack 1 "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." Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1 The Official Publication of the Association of American Plant Food Control Officials, No. 68 (2015) 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 . Microsoft Windows NT 6.1.7601 Service Pack 1