Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB25 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 25
5	5	February 10, 2023 - Introduced by Representatives KRUG, ARMSTRONG, KITCHENS,
6	6	MURPHY, MURSAU and WICHGERS, cosponsored by Senator JACQUE. Referred to
7	7	Committee on Agriculture.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to renumber 94.64 (1) (a); to amend 94.64 (3m) (a) (intro.), 94.64 (3m)
10	10	(a) 1., 94.64 (9) (c), 94.65 (4) (a) (intro.) and 94.65 (4) (b); and to create 94.64
11	11	(1) (ag), 94.64 (1) (u), 94.64 (2) (f), 94.64 (3m) (a) 3., 94.65 (1) (bm), 94.65 (1) (fm)
12	12	and 94.65 (5m) of the statutes; relating to: the distribution and labeling of
13	13	fertilizers and soil or plant additives produced from manure.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill makes the following changes to requirements that apply to fertilizers
16	16	and soil or plant additives that are produced from converting manure into compost
17	17	or vermicompost and their derivatives:
18	18	1. The bill allows a person to distribute a fertilizer that is produced from
19	19	converting manure into compost or vermicompost and their derivatives and that has
20	20	a combined weight of nitrogen, phosphorus, and potassium that is less than 24
21	21	percent of the total weight of the fertilizer. Current law requires a fertilizer
22	22	distributed in this state to be guaranteed to contain a combined weight of nitrogen,
23	23	phosphorous, and potassium that is at least 24 percent of the total weight of the
24	24	fertilizer, unless either 1) the Department of Agriculture, Trade and Consumer
25	25	Protection promulgates a rule exempting the fertilizer; or 2) DATCP grants a permit
26	26	authorizing the distribution of the fertilizer as a nonagricultural or special-use
27	27	fertilizer.
28	28	2. The bill also exempts a fertilizer that is produced from converting manure
29	29	into compost from being required to contain a minimum amount of certain plant
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36	36	ASSEMBLY BILL 25
37	37	nutrients. Additionally, under the bill, a label, invoice, or statement accompanying
38	38	fertilizer produced from converting manure into compost is allowed to represent the
39	39	amount of plant nutrients or other beneficial substances contained in the fertilizer
40	40	if the truthfulness of the representation is substantiated by a typical analysis or
41	41	other scientifically validated analytical method.
42	42	3. Under the bill, DATCP may not require a controlled experimental field test
43	43	to substantiate the efficacy and usefulness of a soil or plant additive produced from
44	44	converting manure into compost. Under current law, DATCP may require the
45	45	efficacy and usefulness of a soil or plant additive to be substantiated by controlled
46	46	experimental studies using the soil or plant additive.
47	47	4. The bill allows the truthfulness of a statement on a permit application or
48	48	label of a soil or plant additive produced from converting manure into compost to be
49	49	substantiated by a typical analysis. Current law requires the label of a soil or plant
50	50	additive to make a guarantee about the minimum amount of the substances that it
51	51	contains.
52	52	For further information see the state fiscal estimate, which will be printed as
53	53	an appendix to this bill.
54	54	The people of the state of Wisconsin, represented in senate and assembly, do
55	55	enact as follows:
56	56	SECTION 1. 94.64 (1) (a) of the statutes is renumbered 94.64 (1) (ar).
57	57	SECTION 2. 94.64 (1) (ag) of the statutes is created to read:
58	58	94.64 (1) (ag) “Beneficial substance” means a substance other than a plant
59	59	nutrient that improves the nourishment of cultivated plants or improves the
60	60	physical, chemical, or biological properties of soil.
61	61	SECTION 3. 94.64 (1) (u) of the statutes is created to read:
62	62	94.64 (1) (u) “Vermicompost” means a mixture of composted materials and
63	63	worm castings produced from a composting process that uses earthworms.
64	64	SECTION 4. 94.64 (2) (f) of the statutes is created to read:
65	65	94.64 (2) (f) Notwithstanding pars. (a) 3. and 4., (b) 5. and 6., and (e), all of the
66	66	following apply to a label or written or printed invoice or statement pertaining to a
67	67	fertilizer produced from converting unmanipulated animal or vegetable manure into
68	68	compost or vermicompost and their derivatives:
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84	84	SECTION 4
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86	86	1. If the label, invoice, or statement includes a typical analysis, as defined in
87	87	s. 94.65 (1) (fm), of the plant nutrients contained in the fertilizer, the label, invoice,
88	88	or statement is not required to include a grade or guaranteed analysis for a plant
89	89	nutrient.
90	90	2. If the truthfulness of a representation made by a label, invoice, or statement
91	91	about the amount of plant nutrients contained in the fertilizer is substantiated by
92	92	a typical analysis, as defined in s. 94.65 (1) (fm), or other scientifically validated
93	93	analytical method, the representation is not required to be substantiated by a
94	94	guaranteed analysis.
95	95	3. If the truthfulness of a representation made by a label, invoice, or statement
96	96	about the amount of beneficial substances contained in the fertilizer is substantiated
97	97	by a typical analysis, as defined in s. 94.65 (1) (fm), or other scientifically validated
98	98	analytical method, the representation is not required to be substantiated by a
99	99	guaranteed analysis.
100	100	SECTION 5. 94.64 (3m) (a) (intro.) of the statutes is amended to read:
101	101	94.64 (3m) (a) (intro.) No person may distribute mixed fertilizer in which the
102	102	sum of the guarantees for nitrogen, available phosphate, and soluble potash totals
103	103	less than 24 percent unless any of the following applies:
104	104	SECTION 6. 94.64 (3m) (a) 1. of the statutes is amended to read:
105	105	94.64 (3m) (a) 1. The mixed fertilizer is exempted from this requirement by
106	106	department rule; or under sub. (9) (g).
107	107	SECTION 7. 94.64 (3m) (a) 3. of the statutes is created to read:
108	108	94.64 (3m) (a) 3. The mixed fertilizer is produced from converting
109	109	unmanipulated animal or vegetable manure into compost or vermicompost and their
110	110	derivatives.
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137	137	SECTION 8 ASSEMBLY BILL 25
138	138	SECTION 8. 94.64 (9) (c) of the statutes is amended to read:
139	139	94.64 (9) (c) Governing methods of sampling, testing, examining and analyzing
140	140	fertilizer, except that no rule under this paragraph may exclude the use of typical
141	141	analysis, as defined in s. 94.65 (1) (fm), or other scientifically validated analytical
142	142	methods for substantiating the truthfulness of representations made under sub. (2)
143	143	(f) 2. or 3.
144	144	SECTION 9. 94.65 (1) (bm) of the statutes is created to read:
145	145	94.65 (1) (bm) “Compost-based soil or plant additive” means a soil or plant
146	146	additive that is produced from converting unmanipulated animal or vegetable
147	147	manure into compost or vermicompost, as defined in s. 94.64 (1) (u), and their
148	148	derivatives.
149	149	SECTION 10. 94.65 (1) (fm) of the statutes is created to read:
150	150	94.65 (1) (fm) “Typical analysis” means an analysis of contents that is based
151	151	on the average amount of substances contained.
152	152	SECTION 11. 94.65 (4) (a) (intro.) of the statutes is amended to read:
153	153	94.65 (4) (a) (intro.) As a condition to the issuance of a permit or amended
154	154	permit under sub. (3), the department, subject to sub. (5m), may require that the
155	155	applicant substantiate, by scientific evidence:
156	156	SECTION 12. 94.65 (4) (b) of the statutes is amended to read:
157	157	94.65 (4) (b) The Subject to sub. (5m) (a), the department may require that the
158	158	substantiation under par. (a) 1. include replicable results of controlled experimental
159	159	studies using the soil or plant additive, the names and qualifications of the
160	160	researchers performing the studies and a complete description of the conditions and
161	161	procedures of the studies.
162	162	SECTION 13. 94.65 (5m) of the statutes is created to read:
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192	192	94.65 (5m) COMPOST-BASED SOIL OR PLANT ADDITIVES. (a) The department may
193	193	not require that the substantiation under sub. (4) (a) and (b) related to a
194	194	compost-based soil or plant additive include a controlled experimental field test.
195	195	(b) If the truthfulness of a statement on a proposed soil or plant additive label
196	196	or in a permit or amended permit application is substantiated by a typical analysis
197	197	and the proposed soil or plant additive is a compost-based soil or plant additive, the
198	198	department may not require the truthfulness of the statement to be substantiated
199	199	by a guaranteed analysis.
200	200	(c) Notwithstanding sub. (5) (f), if a compost-based soil or plant additive is
201	201	labeled with a typical analysis of its contents, the compost-based soil or plant
202	202	additive is not required to be labeled with a guaranteed analysis of its contents.
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