Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB93 Compare Versions

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

Old	New	Differences
1	1	2025 - 2026 LEGISLATURE
2	2	LRB-2194/1
3	3	JAM:klm
4	4	2025 ASSEMBLY BILL 93
5	5	February 28, 2025 - Introduced by Representatives MURSAU, BEHNKE, MURPHY,
6	6	SUBECK and TUSLER, cosponsored by Senator JACQUE. Referred to Committee
7	7	on Agriculture.
8	8
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to renumber 94.64 (1) (a); to amend 94.64 (3m) (a) (intro.), 94.64 (3m)
11	11	(a) 1., 94.64 (9) (c), 94.65 (4) (a) (intro.) and 94.65 (4) (b); to create 94.64 (1)
12	12	(ag), 94.64 (1) (u), 94.64 (2) (f), 94.64 (3m) (a) 3., 94.65 (1) (bm), 94.65 (1) (fm)
13	13	and 94.65 (5m) of the statutes; relating to: the distribution and labeling of
14	14	fertilizers and soil or plant additives produced from manure.
15	15	Analysis by the Legislative Reference Bureau
16	16	This bill makes the following changes to requirements that apply to fertilizers
17	17	and soil or plant additives that are produced from converting manure into compost
18	18	or vermicompost and their derivatives:
19	19	1. The bill allows a person to distribute a fertilizer that is produced from
20	20	converting manure into compost or vermicompost and their derivatives and that has
21	21	a combined weight of nitrogen, phosphorus, and potassium that is less than 24
22	22	percent of the total weight of the fertilizer. Current law requires a fertilizer
23	23	distributed in this state to be guaranteed to contain a combined weight of nitrogen,
24	24	phosphorous, and potassium that is at least 24 percent of the total weight of the
25	25	fertilizer, unless either 1) the Department of Agriculture, Trade and Consumer
26	26	Protection promulgates a rule exempting the fertilizer; or 2) DATCP grants a
27	27	1
28	28	2
29	29	3
30	30	4
31	31	5 2025 - 2026 Legislature
32	32	ASSEMBLY BILL 93
33	33	- 2 - LRB-2194/1
34	34	JAM:klm
35	35	SECTION 1
36	36	permit authorizing the distribution of the fertilizer as a nonagricultural or special-
37	37	use fertilizer.
38	38	2. The bill also exempts a fertilizer that is produced from converting manure
39	39	into compost from being required to contain a minimum amount of certain plant
40	40	nutrients. Additionally, under the bill, a label, invoice, or statement accompanying
41	41	fertilizer produced from converting manure into compost is allowed to represent the
42	42	amount of plant nutrients or other beneficial substances contained in the fertilizer
43	43	if the truthfulness of the representation is substantiated by a typical analysis or
44	44	other scientifically validated analytical method.
45	45	3. Under the bill, DATCP may not require a controlled experimental field test
46	46	to substantiate the efficacy and usefulness of a soil or plant additive produced from
47	47	converting manure into compost. Under current law, DATCP may require the
48	48	efficacy and usefulness of a soil or plant additive to be substantiated by controlled
49	49	experimental studies using the soil or plant additive.
50	50	4. The bill allows the truthfulness of a statement on a permit application or
51	51	label of a soil or plant additive produced from converting manure into compost to be
52	52	substantiated by a typical analysis. Current law requires the label of a soil or plant
53	53	additive to make a guarantee about the minimum amount of the substances that it
54	54	contains.
55	55	For further information see the state fiscal estimate, which will be printed as
56	56	an appendix to this bill.
57	57	The people of the state of Wisconsin, represented in senate and assembly, do
58	58	enact as follows:
59	59	SECTION 1. 94.64 (1) (a) of the statutes is renumbered 94.64 (1) (ar).
60	60	SECTION 2. 94.64 (1) (ag) of the statutes is created to read:
61	61	94.64 (1) (ag) XBeneficial substanceY means a substance other than a plant
62	62	nutrient that improves the nourishment of cultivated plants or improves the
63	63	physical, chemical, or biological properties of soil.
64	64	SECTION 3. 94.64 (1) (u) of the statutes is created to read:
65	65	94.64 (1) (u) XVermicompostY means a mixture of composted materials and
66	66	worm castings produced from a composting process that uses earthworms.
67	67	SECTION 4. 94.64 (2) (f) of the statutes is created to read:
68	68	94.64 (2) (f) Notwithstanding pars. (a) 3. and 4., (b) 5. and 6., and (e), all of the
69	69	1
70	70	2
71	71	3
72	72	4
73	73	5
74	74	6
75	75	7
76	76	8
77	77	9
78	78	10 2025 - 2026 Legislature
79	79	ASSEMBLY BILL 93
80	80	- 3 - LRB-2194/1
81	81	JAM:klm
82	82	SECTION 4
83	83	following apply to a label or written or printed invoice or statement pertaining to a
84	84	fertilizer produced from converting unmanipulated animal or vegetable manure
85	85	into compost or vermicompost and their derivatives:
86	86	1. If the label, invoice, or statement includes a typical analysis, as defined in s.
87	87	94.65 (1) (fm), of the plant nutrients contained in the fertilizer, the label, invoice, or
88	88	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
91	91	statement about the amount of plant nutrients contained in the fertilizer is
92	92	substantiated by a typical analysis, as defined in s. 94.65 (1) (fm), or other
93	93	scientifically validated analytical method, the representation is not required to be
94	94	substantiated by a guaranteed analysis.
95	95	3. If the truthfulness of a representation made by a label, invoice, or
96	96	statement about the amount of beneficial substances contained in the fertilizer is
97	97	substantiated by a typical analysis, as defined in s. 94.65 (1) (fm), or other
98	98	scientifically validated analytical method, the representation is not required to be
99	99	substantiated by a 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	1
106	106	2
107	107	3
108	108	4
109	109	5
110	110	6
111	111	7
112	112	8
113	113	9
114	114	10
115	115	11
116	116	12
117	117	13
118	118	14
119	119	15
120	120	16
121	121	17
122	122	18
123	123	19
124	124	20
125	125	21
126	126	22 2025 - 2026 Legislature
127	127	ASSEMBLY BILL 93
128	128	- 4 - LRB-2194/1
129	129	JAM:klm
130	130	SECTION 6
131	131	94.64 (3m) (a) 1. The mixed fertilizer is exempted from this requirement by
132	132	department rule; or under sub. (9) (g).
133	133	SECTION 7. 94.64 (3m) (a) 3. of the statutes is created to read:
134	134	94.64 (3m) (a) 3. The mixed fertilizer is produced from converting
135	135	unmanipulated animal or vegetable manure into compost or vermicompost and
136	136	their derivatives.
137	137	SECTION 8. 94.64 (9) (c) of the statutes is amended to read:
138	138	94.64 (9) (c) Governing methods of sampling, testing, examining and
139	139	analyzing fertilizer, except that no rule under this paragraph may exclude the use of
140	140	typical analysis, as defined in s. 94.65 (1) (fm), or other scientifically validated
141	141	analytical methods for substantiating the truthfulness of representations made
142	142	under sub. (2) (f) 2. or 3.
143	143	SECTION 9. 94.65 (1) (bm) of the statutes is created to read:
144	144	94.65 (1) (bm) XCompost-based soil or plant additiveY means a soil or plant
145	145	additive that is produced from converting unmanipulated animal or vegetable
146	146	manure into compost or vermicompost, as defined in s. 94.64 (1) (u), and their
147	147	derivatives.
148	148	SECTION 10. 94.65 (1) (fm) of the statutes is created to read:
149	149	94.65 (1) (fm) XTypical analysisY means an analysis of contents that is based
150	150	on the average amount of substances contained.
151	151	SECTION 11. 94.65 (4) (a) (intro.) of the statutes is amended to read:
152	152	94.65 (4) (a) (intro.) As a condition to the issuance of a permit or amended
153	153	1
154	154	2
155	155	3
156	156	4
157	157	5
158	158	6
159	159	7
160	160	8
161	161	9
162	162	10
163	163	11
164	164	12
165	165	13
166	166	14
167	167	15
168	168	16
169	169	17
170	170	18
171	171	19
172	172	20
173	173	21
174	174	22 2025 - 2026 Legislature
175	175	ASSEMBLY BILL 93
176	176	- 5 - LRB-2194/1
177	177	JAM:klm
178	178	SECTION 11
179	179	permit under sub. (3), the department, subject to sub. (5m), may require that the
180	180	applicant substantiate, by scientific evidence:
181	181	SECTION 12. 94.65 (4) (b) of the statutes is amended to read:
182	182	94.65 (4) (b) The Subject to sub. (5m) (a), the department may require that the
183	183	substantiation under par. (a) 1. include replicable results of controlled experimental
184	184	studies using the soil or plant additive, the names and qualifications of the
185	185	researchers performing the studies and a complete description of the conditions and
186	186	procedures of the studies.
187	187	SECTION 13. 94.65 (5m) of the statutes is created to read:
188	188	94.65 (5m) COMPOST-BASED SOIL OR PLANT ADDITIVES. (a) The department
189	189	may not require that the substantiation under sub. (4) (a) and (b) related to a
190	190	compost-based soil or plant additive include a controlled experimental field test.
191	191	(b) If the truthfulness of a statement on a proposed soil or plant additive label
192	192	or in a permit or amended permit application is substantiated by a typical analysis
193	193	and the proposed soil or plant additive is a compost-based soil or plant additive, the
194	194	department may not require the truthfulness of the statement to be substantiated
195	195	by a guaranteed analysis.
196	196	(c) Notwithstanding sub. (5) (f), if a compost-based soil or plant additive is
197	197	labeled with a typical analysis of its contents, the compost-based soil or plant
198	198	additive is not required to be labeled with a guaranteed analysis of its contents.
199	199	(END)
200	200	1
201	201	2
202	202	3
203	203	4
204	204	5
205	205	6
206	206	7
207	207	8
208	208	9
209	209	10
210	210	11
211	211	12
212	212	13
213	213	14
214	214	15
215	215	16
216	216	17
217	217	18
218	218	19
219	219	20
220	220	21