Section ATCP 40.42 - Initial review of permit applicationThe department may review a permit application to the extent that it deems appropriate, based on product uses, content, labeling and performance claims. The department may do all of the following as part of its review:
(1) Review product labeling for compliance with this chapter.(2) Review the efficacy and usefulness of the product, under Wisconsin conditions, when the product is used according to label directions.(3) Review labeling statements, including statements related to product contents and performance, to determine whether they are accurate, truthful and properly substantiated. Note: For example, the department may review performance claims such as the following:
* "Product X helps develop stronger, deeper root systems to help plants fight against minor diseases and insect infestations."
* "Product X will provide plant nutrients needed to give your lawn a golf course look."
(4) Review for possible health, safety and environmental hazards, and for proper labeling of products containing potentially hazardous or toxic ingredients.(5) Review any analytical methodology proposed by the applicant under s. ATCP 40.28(2) (g).(6) Review for compliance with other requirements under this chapter.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 40.42
CR 04-140: cr. Register September 2005 No. 597, eff. 10-1-05.