Section 40.54. Prohibitions.

 

(1)   Applications and reports. No person may do any of the following in connection with a license or permit application under this chapter, or in connection with any report or statement filed with the department under this chapter:

(a) Misrepresent or falsify any information.

(b) Make any statement that is not substantiated, to the extent required under this chapter, at the time the statement is made.

(2)   Advertising and promotional statements. No person may do any of the following in connection with the labeling, advertising, promotion, or distribution of any fertilizer or soil or plant additive:

(a) Make any representation that is false, deceptive, or misleading.

(b) Make any representation that is inconsistent with the product label.

(c) Represent that a product contains a plant nutrient or other beneficial substance, unless the guaranteed analysis includes a guarantee for that substance.

(d) Make any representation or warranty that is not substantiated, to the extent required under this chapter, at the time the representation or warranty is made.

(e) Represent that the department endorses or warrants the product.

(f) Make any performance, use, or efficacy claim for a product, distributed pursuant to a permit under s. ATCP 40.12 or 40.28 , that exceeds or is inconsistent with the product label contained in the approved permit application. This does not apply to a performance, use, or efficacy claim that the department approves in writing.

(g) Distribute a fertilizer, pursuant to the exemption in s. ATCP 40.12 (2) (a) , to a person in this state who is not licensed under s. ATCP 40.04 .

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

Note

See also s. 100.18 , Stats. A federally trademarked product name is not considered false, deceptive, or misleading under par. (a). Microsoft Windows NT 6.1.7601 Service Pack 1