Section 40.28. Soil or plant additives; permits.

 

(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", volume I, 17 th edition, as updated by the 2 nd revision (2003).

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.

(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 .

History: CR 04-140 : cr. Register September 2005 No. 597 , eff. 10-1-05.

Note

The "Official Methods of Analysis of AOAC International", volume I, 17 th edition as updated by the 2 nd revision (2003) is on file with the department and the legislative reference bureau. Microsoft Windows NT 6.1.7601 Service Pack 1 You may obtain a permit application form from the department at the following address: Microsoft Windows NT 6.1.7601 Service Pack 1 Department of Agriculture, Trade and Consumer Protection Microsoft Windows NT 6.1.7601 Service Pack 1 ARM Division Microsoft Windows NT 6.1.7601 Service Pack 1 PO Box 8911 Microsoft Windows NT 6.1.7601 Service Pack 1 Madison, WI 53708-8911 Microsoft Windows NT 6.1.7601 Service Pack 1