Wisconsin Administrative Code

ATCP 35.20 Multiple responsible persons. (1) REIMBURSEMENT LIMIT. If more than one responsible person is eligible for reimbursement under this chapter for corrective action taken in response to one or more discharges at the same discharge site, the combined amount paid to those r…

ATCP 35.22 Reimbursement amounts. (1) GEN(a) Except as provided in subs. (2) through (6), the department shall reimburse a responsible person for each discharge site an amount equal to 75% of the eligible corrective action costs that are greater than $3,000 and less than $400,000…

ATCP 35.25 Interest on approved reimbursement amounts. The department shall add interest to a reimbursement amount calculated under s. ATCP 35.22 at a rate equal to the prime interest rate on the date when the department receives a complete reimbursement application. The departme…

ATCP 35.26 Partial corrective action; reimbursement. (1) Upon completing any of the following portions of a corrective action, a responsible person may apply for and receive reimbursement of eligible corrective action costs which the responsible person pays prior to the reimburse…

ATCP 35.28 Reimbursement payments. The department shall reimburse responsible persons for approved corrective action costs, in the total amount approved for each corrective action under s. ATCP 35.08 (4) (c), in the order in which the department receives complete reimbursement ap…

ATCP 35.30 Contested insurance claim; duplicate reimbursement; repayment. If, after being reimbursed by the department for any corrective action cost, a responsible person recovers on a contested insurance claim related to the same corrective action, the responsible person shall …

ATCP 35.32 Hearing on denial of reimbursement application. (1) REQUEST FOR HEARING. A person adversely affected by the department[s disapproval of a reimbursement application under s. ATCP 35.08 (5) may, within 30 days after receiving notice of that disapproval, request a hearing…

ATCP 35.34 Agricultural chemical cleanup council. (1) CREATION. The department shall appoint an advisory council to advise the department on matters related to the administration of this chapter. The advisory council shall be called the agricultural chemical cleanup council. (2) …

ATCP 40.01 Purpose. This chapter has the following purposes: (1) To protect Wisconsin consumers, including farmers and household users, against unfair and deceptive practices in the sale of fertilizers or soil or plant additives. (2) To protect honest businesses against unfair an…

ATCP 40.02 Definitions. In this chapter: (1) XActive ingredientY means an element, chemical compound, or other substance that affects the efficacy, usefulness, or performance of a fertilizer, or soil or plant additive. XActive ingredientY includes all of the following: (a) A plan…

ATCP 40.04 Fertilizer license. (1) ANNUAL LICENSE REQUIRED. Except as provided in sub. (2), no person may manufacture or distribute a fertilizer in this state without an annual license from the department. A separate license is required for each business location or mobile unit a…

ATCP 40.06 Fertilizer; tonnage reports and fees. (1) ANNUAL TONNAGE REPORT AND FEE PAYMENT. By September 30 of each year, a person required to hold a fertilizer license under s. ATCP 40.04 shall do all of the following: (a) Report to the department the number of tons of each grad…

ATCP 40.08 Fertilizer labeling. (1) PACKAGED FERTILPackaged 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 fert…

ATCP 40.10 Fertilizer; guaranteed analysis. (1) GENERAL. (a) A fertilizer label shall contain a guaranteed analysis that complies with this section. A guaranteed analysis may guarantee any plant nutrients or enhancing elements identified in sub. (2), and shall guarantee at least …

ATCP 40.12 Fertilizer permits. (1) PERMIT REQUIRED. Except as provided in sub. (2), no person may distribute a mixed fertilizer for which the sum of the primary plant nutrient guarantees totals less than 24% unless one of the following applies: (a) The distribution is for special…

ATCP 40.14 Fertilizer content deficiencies. (1) PRIMARY NUTRIENTS. A fertilizer is mislabeled if any of the following apply, based on a sample collected and tested according to s. ATCP 40.16: (a) The fertilizer contains less than 90% of the label guarantee amount for any primary …

ATCP 40.16 Fertilizer sampling and analysis. (1) SAMPLING METHODS. The department may collect official fertilizer samples to determine compliance with plant nutrient guarantees. The department shall collect official samples using applicable methods from the Inspection Manual of t…

ATCP 40.18 Fertilizer; toxic substances. (1) No fertilizer may contain any substance that is toxic or injurious to plants, animals, or humans when the fertilizer is handled or applied under reasonably foreseeable use conditions unless the substance and hazard are disclosed on the…

ATCP 40.20 Soil or plant additives; license. (1) ANNUAL LICENSE REQUIRED. Except as provided in sub. (2), no person may manufacture or distribute a soil or plant additive in this state without an annual license from the department. A license is not transferable between persons. A…

ATCP 40.22 Soil or plant additives; tonnage reports and fees. (1) ANNUAL TONNAGE REPORT AND FEE PAYMENT. By September 30 of each year, a person required to hold a license under s. ATCP 40.20 shall do all of the following: (a) Report to the department the number of tons of each so…

ATCP 40.24 Soil or plant additives; labeling. (1) GENERAL. A soil or plant additive shall be clearly and conspicuously labeled with all of the following: (a) The name and address of the manufacturer or distributor who is licensed under s. ATCP 40.20 and who also holds a permit fo…

ATCP 40.26 Soil or plant additives; guaranteed analysis. (1) GENERAL. The label of every soil or plant additive shall include a guaranteed analysis that complies with this section. No person may represent that a soil or plant additive contains any substance unless that substance …

ATCP 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 subc…

ATCP 40.30 Soil or plant additives; content deficiencies. A soil or plant additive is mislabeled if, based on a sample collected and tested according to s. ATCP 40.32, the product contains less than 98% of the amount of any active ingredient guaranteed on the package label.

ATCP 40.32 Soil or plant additives; sampling and testing. (1) SAMPLING. The department may sample a soil or plant additive to determine whether it contains ingredients in the amounts guaranteed on the product label, or to test for toxic substances or other contaminants. The depar…

ATCP 40.34 Soil or plant additives; toxic substances. (1) No soil or plant additive may contain any substance that is toxic or injurious to plants, animals, or humans when the soil or plant additive is handled or applied under reasonably foreseeable use conditions, unless the sub…

ATCP 40.40 Complete application. Within 30 working days after a person submits a permit application under s. ATCP 40.12 or 40.28, the department shall determine whether the application is sufficiently complete to warrant further review. If the application is incomplete, the depar…

ATCP 40.42 Initial review of permit application. The department may review a permit application to the extent that it deems appropriate, based on product uses, content, labeling, and performance claims. The department may do all of the following as part of its review: (1) Review …

ATCP 40.44 Action on permit application. Within 60 working days after the department receives a complete permit application under s. ATCP 40.12 or 40.28, the department shall do one of the following: (1) ISSUE THE PERMIT. The department may limit the time period for which the per…

ATCP 40.46 Supplementary review. (1) GENERAL. (a) The department may conduct a supplementary review of a permit application under s. ATCP 40.12 or 40.28 if the department has reasonable grounds to conclude that the supplementary review is needed to determine compliance with this …

ATCP 40.48 Scientific substantiation. Test data and reports submitted in support of a permit application are not considered scientific unless all of the following apply: (1) The test data and reports result from tests conducted by competent scientific researchers, using appropria…

ATCP 40.50 Withdrawing or modifying a permit application. A permit applicant may withdraw or modify an application at any time. An applicant may modify product contents or labeling to resolve issues presented in the permit review process. The department may, in its discretion, ad…

ATCP 40.52 Permit reconsideration. The department may, at any time, reconsider the issuance of any permit under s. ATCP 40.12 or 40.28. The department may require a permit holder to submit relevant information as for a supplementary review under s. ATCP 40.46. Subchapter V — Proh…

ATCP 40.54 Prohibitions. (1) APPLICATIONS AND RENo 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…

ATCP 40.56 License or permit action. (1) The department may, for cause, deny, suspend, revoke, or impose conditions on a license or permit issued under this chapter. Cause includes any of the following: (a) Failure to comply with s. 94.64 or 94.65, Stats., or this chapter. ATCP 4…

ATCP 40.58 Stop sale and holding orders. (1) STOP SALE ORDER. The department may issue a written order prohibiting the distribution or movement of a product if the department finds that the product is distributed in violation of s. 94.64 or 94.65, Stats., or this chapter. No pers…

ATCP 40.60 Court enforcement. The department may seek court action to enforce this chapter, including any of the following actions that may be appropriate: (1) FERTILIZER SEIZURE. The department, or a district attorney at the request of the department, may ask a court to seize an…

ATCP 40.62 Administrative appeals. (1) REQUEST FOR HEARING. A person who is the subject of any of the following department actions may request a hearing and reconsideration of that action: (a) The denial or restriction of a permit or initial license under this chapter. (b) A stop…

ATCP 41.01 Definitions. (1) XGradeY as used in s. 94.66 (6) (a), Stats., means index zones as provided in these rules. (2) XNeutralizing valueY as used in s. 94.66 (6) (c), Stats., means the calcium carbonate equivalent as defined in s. 94.66 (6) (c), Stats., and used in calculat…

ATCP 41.02 Index zones. The following index zones are established for the sale of liming materials under s. 94.66, Stats.: (1) 100 or more. (2) 90-99. (3) 80-89. (4) 70-79. (5) 60-69. (6) 50-59. (7) 40-49. (8) less than 40. History: Cr. Register, July, 1970, No. 175, eff. 8-1-70.

ATCP 41.03 Sale of liming materials. (1) Liming material shall be sold and guaranteed by the producer or distributor on basis of the index zone of the material, except as provided under s. ATCP 41.04. The index zone guaranteed shall conform to the neutralizing index of the materi…

ATCP 41.04 Marl or paper mill refuse lime. (1) Marl ATCP 41.05 ATCP 41.06 ATCP 41.07 Sale by ton weight equivalent. Licensing of sellers and distributors; research fees. Authority; enforcement. or paper mill refuse lime shall be sold on basis of cubic yard equivalents of a ton, a…

ATCP 41.05 Sale by ton weight equivalent. (1) Each person distributing liming material by volume on a ton weight equivalent basis shall be responsible for the correct cubic yard capacity marking of all vehicles used to distribute liming material. (2) Persons desiring authority to…

ATCP 41.06 Licensing of sellers and distributors; research fees. (1) LICENSE REQUIREMENT. No person may engage in the business of selling or distributing liming material in this state without first obtaining a license from the department, as provided under s. 94.66 (2), Stats. No…

ATCP 41.07 Authority; enforcement. This chapter is adopted under authority of ss. 93.07 (1) and 94.66, Stats. Any person violating this chapter may be punished as provided in s. 94.77, Stats. History: Cr. Register, October, 1981, No. 310, eff. 11-1-81. the chapter was last publis…

ATCP 42.01 Definitions. In this chapter: (1) XBrand nameY means any word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor or labeler and distinguishing it from that of others. (2) XCommercial feedY means any feed, including an…

ATCP 42.02 Commercial feed license. (1) LICENSE Except as provided under sub. (2), no person may manufacture, label, or distribute a commercial feed in this state without an annual commercial feed license issued by the department. A person paid by the final retail purchaser of a …

ATCP 42.04 Commercial feed label. (1) GENERAL. Commercial feed shall be labeled according to this subchapter except that: (a) Custom-mixed feed shall be labeled according to subch. IV. (b) Mill formulated feed may be labeled in the same manner as custom-mixed feed under subch. IV…

ATCP 42.06 Product and brand names. (1) GENERAL. A commercial feed shall be labeled with its product name and its brand name if any. No product or brand name may contain any statement or representation that is false, deceptive, or misleading. (2) USE OF INGREDIENT NAMES. No produ…

ATCP 42.08 Medicated commercial feeds. (1) LABEL REQUIREMENTS. If a commercial feed contains one or more drugs, the label shall include all of the following: (a) The word Xmedicated,Y printed directly after and below the product name in a type size no smaller than one-half the ty…