1. (1) General. A soil or plant additive shall be clearly and conspicuously labeled with all of the following:

   1. (a) The name and address of the manufacturer or distributor who is licensed under s. ATCP 40.20 and who also holds a permit for that product under s. ATCP 40.28 (1) if a permit is required.
   2. (b) The product name of the soil or plant additive.
   3. (c) The net weight or the liquid measure and density of the package or bulk delivery to which the label applies.
   4. (d) The purposes for which the soil or plant additive is recommended and effective. This paragraph does not apply to a product that is distributed solely for organic crop production and qualifies for exemption under s. ATCP 40.28 (1) (b).
   5. (e) Complete use directions to ensure that the product is effective for the purposes recommended in par. (d). Use directions shall identify recommended application sites, methods, rates, and frequencies. If effectiveness depends on use with other products, the label shall clearly disclose that fact.
   6. (f) A guaranteed analysis that complies with s. ATCP 40.26.
   7. (g) Any other information required under this chapter.

2. (2) Combination products.

   1. (a) Fertilizer-additive combinations shall be labeled according to this section and s. ATCP 40.08.
   2. (b) Pesticide-additive combinations shall be labeled according to this section and s. ATCP 29.06.
   3. (c) Products combining a soil or plant additive with seed shall be labeled according to this section and ch. ATCP 20.
   4. (d) Products combining a soil or plant additive with liming material shall be labeled according to this section and ch. ATCP 41.

3. (3) Hazard caution statement.

   1. (a) A soil or plant additive label shall include a caution statement if the soil or plant additive may be toxic to plants or animals when the product is handled or applied under reasonably foreseeable use conditions. The label shall warn the user of the potential hazard, and shall explain how to prevent or minimize the hazard.

   2. (b) Labels for soil or plant additives, other than pesticide-additive combinations, shall comply with ch. ATCP 139 and ss. 100.37 and 100.42, Stats., as applicable.

      Note: See also sub. (4). Chapter ATCP 139 and ss. 100.37 and 100.42, Stats., regulate consumer product safety and hazardous substances.

4. (4) Implied warranty.

   1. (a) A person who distributes a soil or plant additive implicitly warrants that the soil or plant additive is effective for all of the purposes recommended in the product labeling, when applied under Wisconsin conditions according to the product label. This warranty does not limit any other express or implied warranty that may apply under Wisconsin law.
   2. (b) Paragraph (a) does not apply to a product that is distributed solely for organic crop production and qualifies for exemption under s. ATCP 40.28 (1) (b). This exemption does not limit any other express or implied warranty that may apply under Wisconsin law.
   3. (c) The department does not warrant the efficacy of any soil or plant additive, or the truth of any label statement.

5. (5) Proof of product claims.

   1. (a) A person who manufactures or distributes a soil or plant additive shall have all of the following:

      1. 1. Relevant and reliable information to substantiate all product labeling, including any claim or guarantee of product contents. The person shall have substantiation for each labeling statement before making that statement. Testimonials are not reliable information under this subdivision.
      2. 2. Relevant scientific evidence to substantiate every performance claim, including any implied warranty under sub. (4). The scientific evidence shall substantiate that the product is effective for the stated purpose when applied under Wisconsin conditions according to the product label. The person shall have that scientific evidence before making the claim or implied warranty. Testimonials are not scientific evidence under this subdivision.
   2. (b) The department may require a person to submit substantiating information under par. (a). The department may require the person to submit the information before or after the department issues a license under s. ATCP 40.20 or a permit under s. ATCP 40.28. The issuance of a license or permit does not create any finding or presumption that the license or permit holder has complied with par. (a).

History

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