(1) CERTIFIED
LABORATORY. A nutrient management plan shall be based on soil tests conducted
at the University of Wisconsin or another soil testing laboratory certified by
the department. The department may certify a laboratory according to this
section.
(2) APPLYING FOR
CERTIFICATION. A laboratory operator may apply to the department for
certification under sub. (1). An operator shall submit a separate application,
on a form provided by the department, for each laboratory for which the
operator seeks certification. The application shall include all of the
following:
(a) The name of the laboratory
operator.
(b) The address of the
laboratory.
(c) The name and
telephone number of the individual who is responsible for on-site
administration of the laboratory.
(d) The soil tests, test methods, and
nitrogen estimation methods used by the laboratory. The laboratory shall be
capable of performing the following tests according to methods prescribed by
the University of Wisconsin-Extension in Nutrient Application Guidelines for
Field, Vegetable, and Fruit Crops in Wisconsin, UWEX Publication A2809 (2012),
and by the University of Wisconsin-Madison soil science department in
Wisconsin Procedures for Soil Testing, Plant Analysis and Feed &
Forage Analysis, Soil Fertility Series (October, 2013) and shall be
capable of estimating nitrogen levels based on those tests:
1. Soil pH.
2. Buffer pH.
3. Phosphorus (P).
4. Potassium (K).
5. Organic matter (OM).
Note: Copies of the Nutrient Application
Guidelines for Field, Vegetable, and Fruit Crops in Wisconsin. UWEX
Publication A2809 (2012) and the Wisconsin Procedures for Soil
Testing, Plant Analysis and Feed & Forage Analysis, Soil Fertility
Series (October, 2013) are on file at the department and legislative
reference bureau. To obtain a copy of the A2809, see s.
ATCP 50.04 (3) (f) 4. (note). Copies of
the Wisconsin Procedures publication are available at the University of
Wisconsin website at:
https://uwlab.soils.wisc.edu/about-us/lab-procedures-and-methods/.
(e) Documentation
showing that the laboratory is qualified and equipped to perform accurate soil
tests and nitrogen estimates under par. (d).
(f) License conditions specified by the
department, including compliance with subs. (4) to (6).
(3) ACTION ON
CERTIFICATION REQUEST. The department shall grant or deny a certification
request under sub. (2) within 30 days after the department receives a complete
request. The department may grant a certification request based on information
provided under sub. (2). A certification is nontransferable. A certification
remains in effect until withdrawn by the department.
(4) NUTRIENT RECOMMENDATIONS. If a certified
laboratory recommends nutrient applications to a landowner that exceed the
amounts required to achieve applicable crop fertility levels recommended by the
University of Wisconsin Extension in
Nutrient Application Guidelines
for Field, Vegetable and Fruit Crops in Wisconsin, UWEX publication
A2809 (2012)
, the laboratory shall make those recommendations
in writing and shall disclose all of the following in the same document:
(a) The landowner's name and
address.
(b) The nutrient
application amounts required to achieve applicable crop fertility levels
recommended by the University of Wisconsin-Extension. The laboratory shall
disclose these amounts so the landowner can easily compare them with the
laboratory's recommended amounts.
(c) The following statement, clearly and
conspicuously printed adjacent to the laboratory's recommended nutrient
applications:
IMPORTANT
NOTICE
Our recommended nutrient applications exceed the
amounts required to achieve applicable crop fertility levels recommended by the
University of Wisconsin. The amounts required to achieve the UW's recommended
crop fertility levels are shown for comparison. Excessive nutrient applications
may increase your costs, and may cause surface water and groundwater pollution.
If you apply nutrients at the rates we recommend, you will not comply with
state soil and water conservation standards. You may contact your county land
conservation committee for more information.
Note:To obtain a copy of A2809, see s.
ATCP 50.04 (3) (f) 4.
(Note).
(5) RECORDS. A certified soil testing
laboratory shall keep records of all of the following for at least 4 years, and
shall make those records available for inspection and copying by the department
upon request:
(a) Records of all soil tests
conducted at the laboratory.
(b)
Copies of all nutrient application recommendations made by the
laboratory.
(6)
LABORATORY EVALUATION.
(a) The department or
its agent may review the performance of a soil testing laboratory certified
under this section. The department or its agent may do any of the following as
part of its review:
1. Review relevant
laboratory records.
2. Evaluate
laboratory facilities and methods.
3. Evaluate the proficiency of laboratory
analysts.
4. Evaluate the
laboratory's proficiency in testing check samples provided by the department or
its agent.
(b) A
laboratory operator shall cooperate with a reasonable review under par.
(a).
(7) DENYING OR
WITHDRAWING CERTIFICATION.
(a) The department
may deny, suspend, revoke, or impose conditions on a certification under this
section if the department finds that the laboratory has done any of the
following:
1. Failed to submit a complete
application under sub. (2).
2.
Failed to perform soil tests with reasonable accuracy.
3. Failed to comply with applicable
requirements under this section.
4.
Falsified relevant information.
(b) If the department denies, suspends,
revokes, or imposes conditions on a laboratory certification, the department
shall give the laboratory operator written notice of the department's reasons
for that action.
(c) A laboratory
operator may request a contested case hearing under s.
227.42, Stats. and ch. ATCP 1 on
the department's action under this subsection.
(8) MANURE TESTING LABORATORIES. Manure
nutrient values determined by laboratory analyses do not qualify under s.
ATCP 50.04 (3) (dm) 2. unless the
laboratory performing those analyses complies with all of the following:
(a) The laboratory participates in the manure
analysis proficiency program administered by the Minnesota department of
agriculture, or in an equivalent proficiency program administered by the
University of Wisconsin soil analysis laboratory, and provides copies of
proficiency reports to the department upon request.
Note: A manure testing laboratory may qualify
under sub. (8), regardless of whether the laboratory is certified as a soil
testing laboratory under sub. (1). A laboratory may contact the department, at
the following address, for information on how to enroll in a manure analysis
proficiency program under par. (a):
Wis. Department of Agriculture, Trade and Consumer
Protection
Agricultural Resource Management Division
Nutrient Management Program
PO Box 8911
Madison, WI 53708-8911
(b) The laboratory is capable of performing
all of the following manure analyses according to methods prescribed by the
University of Wisconsin-Extension in
Recommended Methods of Manure
Analysis, UWEX publication A3769 (2003):
1. Percent dry matter (DM).
2. Total nitrogen.
3. Total phosphorus expressed as P 20
5.
4. Total potassium expressed as
K 20.
Note: The University of Wisconsin-Extension
publication, Recommended Methods of Manure Analysis, UWEX
publication A3769 (2003), is on file with the department and legislative
reference bureau. Copies may be obtained by visiting the UWEX website at:
http://learningstore.uwex.edu.
(c) The laboratory is
capable of estimating total and available nutrient levels based on the manure
tests under par. (b) and the availability percentages shown in Nutrient
Application Guidelines for Field, Vegetable and Fruit Crops in
Wisconsin, UWEX publication A2809 (2012).
(9) CONFLICT OF INTEREST. For the purpose of
complying with s.
ATCP 50.04 (3) a privately owned
laboratory certified under this section shall not perform soil test analysis on
cropland managed or owned by a person managing or having a substantial
financial interest in the laboratory.
Notes
Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection
ATCP 50.50
CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02; CR 05-013: am. (2) (intro.),
(b), (c), (d) 2., and (f), cr. (8) Register May 2007 No. 617, eff. 6-1-07; CR
08-075: am. (2) (d) (intro.) and (8) (c) Register April 2009 No. 640, eff.
5-1-09; CR 13-016: am. (2) (intro.), (d), (4) (intro.) Register February 2014
No. 698, eff. 5-1-14.
Amended by,
correction in (2) (g) (Note) under s.
13.92(4) (b) 6, Stats.,
Register
August 2016 No. 728, eff.
9/1/2016.
Amended by,
CR 16-083: am. (2) (d) (intro.), (8) (c), cr. (9)
Register
January 2018 No. 745, eff.
2/1/2018
Amended by, CR 23-024: cr. (7) (c)
Register
May 28 No. 821, eff. 6/1/2024
To obtain copies of the NRCS technical guide nutrient
management standard 590 (September, 2005) and the Wisconsin conservation
planning technical note WI-1, see s.
ATCP 50.04(3) (dm) 1.
(Note).
