1. (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 license expires on September 30 of each year.

   Note: Since a license is not transferable between persons, a license holder must apply for a new license if it changes its legal identity.

2. (2) Exemption. The license requirement under sub. (1) does not apply to a person who merely distributes a soil or plant additive packaged and labeled by a license holder who also holds any permit required under s. ATCP 40.28 (1), provided the person makes no additional content or performance claims for the product.

3. (3) License application. A person shall apply for an annual license under sub. (1) on a form provided by the department. An application shall include all of the following:

   1. (a) The applicant’s correct legal name, and any trade name under which the applicant does business.

   2. (b) The applicant’s social security number if the applicant is an individual. If the applicant is a partnership, the application shall include the social security number of each individual partner.

      Note: A social security number is required under s. 93.135 (1) (d), Stats.

   3. (c) Each address from which the applicant proposes to do business in this state.
   4. (d) Each address at which the applicant proposes to manufacture a soil or plant additive in this state. A license holder shall notify the department in writing before manufacturing a soil or plant additive at any other address.
   5. (e) The fees required under sub. (4).

   6. (f) A current list of soil or plant additives for which the applicant requires permits under s. ATCP 40.28 (1), and the current label for each of those products.

      Note: A license under sub. (1) does not authorize the license holder to manufacture or distribute a soil or plant additive for which a permit is required under s. ATCP 40.28 unless the license holder holds that permit.

   7. (g) Other relevant information required by the department.

4. (4) License fees. A person applying for an annual soil or plant additive license shall pay the following fees and surcharges:

   1. (a) A license fee of $25.

   2. (b) A late renewal fee of $5 if the applicant fails to apply for a renewal license before the prior year’s license expires.

      Note: See s. 93.21, Stats.

5. (5) Action on license application.

   1. (a) Except as provided in par. (d), the department shall grant or deny a license application under sub. (3) within 45 working days after the department receives a complete application.
   2. (b) The department may place conditions on a license. If the department denies a license application or issues a license with conditions, the department shall give the applicant written notice of the reasons.
   3. (c) A license holder may not distribute a soil or plant additive for which a permit is required under s. ATCP 40.28 (1) unless the license holder also holds that permit.
   4. (d) If a license applicant does not manufacture soil or plant additives in Wisconsin, but seeks a license only to distribute a soil or plant additive for which a permit is required under s. ATCP 40.28 (1), the department may grant or deny the license application when it grants or denies the permit application.

History

History: CR 04-140: cr. Register September 2005 No. 597, eff. 10-1-05; CR 18-019: am. (1) Register January 2020 No. 769, eff. 2-1-20.