Wis. Stat. § 94.65 — WI Code / Chapter 94 / Section 94.65
Soil and plant additives.
Status: in_force

(1) Definitions. In this section:

(a) “Active ingredient” means a component of a soil or plant additive from which the soil or plant additive derives all or part of its value or effectiveness and which is:

1. A living microorganism; or

2. Defined as an active ingredient by department rule.

(b) “Brand or product name” means a name, term, design or trademark which identifies the product.

(bm) “Compost-based soil or plant additive” means a soil or plant additive that is produced from converting unmanipulated animal or vegetable manure into compost or vermicompost, as defined in s. 94.64 (1) (u) , and their derivatives.

(c) “Distribute” means to import, consign, sell, offer for sale, solicit orders for sale or otherwise supply for use in this state.

(d) “Inert ingredient” means a component of a soil or plant additive which does not affect the performance or efficacy of the soil or plant additive.

(e) “Label” means the display of written, printed or graphic matter which is attached to, or forms a part of, the immediate container of a soil or plant additive, or which accompanies a bulk distribution of soil or plant additive.

(em) “Sewage sludge” has the meaning specified in s. 94.64 (1) (pm) .

(f) “Soil or plant additive” means any substance which is intended to be applied to seeds, soil or plants and which is designed for use or claimed to have value in promoting or sustaining plant growth; improving crop yield or quality; promoting or sustaining the fertility of the soil; or favorably modifying the structural, physical or biological properties of the soil for agricultural purposes. “Soil or plant additive” does not include:

1. Fertilizer, as defined in s. 94.64 (1) (e) .

2. Liming material, as defined in s. 94.66 (1) (am) , if the liming material is distributed solely for the purposes stated in s. 94.66 (1) (am) .

3. Wood ashes or unmanipulated animal or vegetable manure, unless distributed under another name or description.

4. Pesticides registered under 7 USC 136 or by the department.

5. Any other substance exempted by department rule.

(fm) “Typical analysis” means an analysis of contents that is based on the average amount of substances contained.

(g) “Unmanipulated animal or vegetable manure” has the meaning specified in s. 94.64 (1) (t) .

(2) License.

(a) Except as provided under par. (b) , no person may manufacture or distribute a soil or plant additive in this state unless the person first obtains an annual license from the department. Application for a license or for renewal of a license shall be made on forms provided by the department and shall be accompanied by an annual license fee of $25. A license expires on September 30 annually.

(b) No license is required of a person who distributes a soil or plant additive of a license holder, if the person:

1. Distributes the soil or plant additive under the name of the license holder and in the original container packaged and labeled by the license holder; and

2. Makes no content or performance claim for the soil or plant additive other than the written claim of the license holder.

(3) Permit.

(a)

1. Except as provided under subds. 2. and 3. , no person may distribute a soil or plant additive in this state unless the person first obtains a permit from the department. A separate permit must be obtained for the distribution of each soil or plant additive.

2. No permit is required of a person who distributes a soil or plant additive for which a permit has been issued to a permit holder, if the person:

a. Distributes the soil or plant additive under the name of the permit holder and in the original container packaged and labeled by the permit holder; and

b. Makes no content or performance claim for the soil or plant additive other than the written claim of the permit holder.

3. No permit is required for the landspreading of sewage sludge under a pollutant discharge elimination system permit issued by the department of natural resources under s. 283.31 or 283.35 .

(b) The applicant shall apply for a permit on a form provided by the department and shall submit with the application a proposed product label and a nonrefundable fee of $100. The department may require that the applicant provide substantiation of application information under sub. (4) . The department may also require the applicant to make affirmative label and advertising disclosures if, in the absence of the disclosures, the department determines that the label or advertising of a soil or plant additive is deceptive or misleading.

(c)

1. Except as provided in s. 93.135 , if the department finds that the applicant has fulfilled the requirements of par. (b) , the department shall issue a permit.

2. If the department finds that the applicant has failed to fulfill the requirements of par. (b) , the department shall issue a notice of denial of the permit.

(d)

1. Any person who wishes to change the active ingredient contents or the recommended amount or frequency of application of a soil or plant additive for which the person has received a permit under par. (c) 1. shall apply to the department for an amended permit. Paragraphs (b) and (c) apply to the issuance of amended permits.

2. Any person who wishes to revise the label of a soil or plant additive for which the person has received a permit under par. (c) 1. , including a label revision which does not necessitate the issuance of an amended permit, shall file the revised label with the department prior to distributing the soil or plant additive bearing the revised label.

(e) No person who has been issued a permit or amended permit under this subsection may:

1. Transfer the permit or amended permit to another person.

2. Distribute or promote the distribution of the soil or plant additive using any performance, use or efficacy claim which exceeds that allowed by the permit or amended permit or which is inconsistent with the approved product label.

(f) Issuance of a permit or amended permit under this subsection is neither an endorsement nor a warranty by the department.

(4) Substantiation requirements.

(a) As a condition to the issuance of a permit or amended permit under sub. (3) , the department, subject to sub. (5m) , may require that the applicant substantiate, by scientific evidence:

1. The efficacy and usefulness of the soil or plant additive if applied under conditions existing in this state at the amount and frequency recommended by the applicant.

2. The truthfulness of any statement made on the proposed soil or plant additive label or in a permit or amended permit application.

(b) Subject to sub. (5m) (a) , the department may require that the substantiation under par. (a) 1. include replicable results of controlled experimental studies using the soil or plant additive, the names and qualifications of the researchers performing the studies and a complete description of the conditions and procedures of the studies.

(c) The department may request assistance from the University of Wisconsin-Madison College of Agricultural and Life Sciences in evaluating any substantiating evidence required under this subsection.

(5) Label. Every soil or plant additive distributed in this state shall be clearly and conspicuously labeled with the following information:

(a) The name and address of the permit holder under sub. (3) .

(b) The brand or product name of the soil or plant additive.

(c) The net weight or liquid measure of the soil or plant additive contained in the package, container or bulk shipment to which the label refers.

(d) The specific purpose or use for which the soil or plant additive is claimed to be effective.

(e) Complete directions for use of the soil or plant additive, including the recommended amount and frequency of application.

(f) A guaranteed analysis of the contents of the soil or plant additive which shall include:

1. The name and percentage by weight of each active ingredient, listed under the heading “ACTIVE INGREDIENTS”. For microbiological products, the statement of active ingredients shall state the number and kind of viable microorganisms per milliliter of liquid product, or per gram of nonliquid product.

2. The name and percentage by weight of each inert ingredient, listed under the heading “INERT INGREDIENTS”.

(g) Any other information required by department rule.

(5m) Compost-based soil or plant additives.

(a) The department may not require that the substantiation under sub. (4) (a) and (b) related to a compost-based soil or plant additive include a controlled experimental field test.