Wisconsin § 94.65 - Soil and plant additives.

§ 94.65. Soil and plant additives.

94.65(1) (1) Definitions. In this section: 94.65(1)(a) (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: 94.65(1)(a)1. 1. A living microorganism; or 94.65(1)(a)2. 2. Defined as an active ingredient by department rule. 94.65(1)(b) (b) “Brand or product name” means a name, term, design or trademark which identifies the product. 94.65(1)(bm) (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. 94.65(1)(c) (c) “Distribute” means to import, consign, sell, offer for sale, solicit orders for sale or otherwise supply for use in this state. 94.65(1)(d) (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. 94.65(1)(e) (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. 94.65(1)(em) (em) “Sewage sludge” has the meaning specified in s. 94.64 (1) (pm) . 94.65(1)(f) (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: 94.65(1)(f)1. 1. Fertilizer, as defined in s. 94.64 (1) (e) . 94.65(1)(f)2. 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) . 94.65(1)(f)3. 3. Wood ashes or unmanipulated animal or vegetable manure, unless distributed under another name or description. 94.65(1)(f)4. 4. Pesticides registered under 7 USC 136 or by the department. 94.65(1)(f)5. 5. Any other substance exempted by department rule. 94.65(1)(fm) (fm) “Typical analysis” means an analysis of contents that is based on the average amount of substances contained. 94.65(1)(g) (g) “Unmanipulated animal or vegetable manure” has the meaning specified in s. 94.64 (1) (t) . 94.65(2) (2) License. 94.65(2)(a) (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. 94.65(2)(b) (b) No license is required of a person who distributes a soil or plant additive of a license holder, if the person: 94.65(2)(b)1. 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 94.65(2)(b)2. 2. Makes no content or performance claim for the soil or plant additive other than the written claim of the license holder. 94.65(3) (3) Permit. 94.65(3)(a) (a) 94.65(3)(a)1. 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. 94.65(3)(a)2. 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: 94.65(3)(a)2.a. 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 94.65(3)(a)2.b. b. Makes no content or performance claim for the soil or plant additive other than the written claim of the permit holder. 94.65(3)(a)3. 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.