Register

2:00 p.m.   Prairie Oak State
  Office Bldg.

  2811 Agriculture Dr.

  Madison, WI

Public comment is being sought on the Department's emergency rule, pursuant to s. 227.24(4), Stats., which requires that a public hearing be held within 45 days after an emergency rule is adopted. Following the public hearing, the hearing record will remain open until August 4, 2000 to receive additional written comments.

An interpreter for the hearing impaired will be available on request for this public hearing. Please make reservations for a hearing interpreter by July 20, 2000 either by writing to Dr. Robert Ehlenfeldt, Division of Animal Health, P.O. Box 8911, Madison, WI 53708-8911 (telephone [phone]) or by calling the Department TDD at 608-224-5058.

Analysis prepared by the Department of Agriculture, Trade and Consumer Protection

Statutory authority: ss. 93.07(1) and 95.195 as affected by 1999 Wis. Act. 160

Statutes interpreted: s. 95.195 as affected by 1999 Wis. Act 160

The department of agriculture, trade and consumer protection administers the “implied warranty" law under s. 95.195, Stats., related to sales of animals. This emergency rule implements 1999 Wis. Act 160, which modified the “implied warranty" law. This emergency rule maintains the current coverage of the law by clarifying that the law applies to paratuberculosis (Johne's disease) in cattle and goats. This emergency rule does not expand the coverage of the current law.

Background

Paratuberculosis, also known as Johne's disease, is a serious and widespread disease of cattle and goats. The disease is slow to develop, and an infected animal may go for years without showing symptoms. An infected animal, which is free of symptoms at the time of sale, may spread the disease to a buyer's herd. The disease has a serious impact on milk production, and is ultimately fatal to infected animals.

1989 Wis. Act 277 established a Johne's disease “implied warranty" in the sale of cattle and goats. Under the “implied warranty" law, a seller implicitly warrants to a buyer that cattle and goats are free of Johne's disease unless the seller complies with certain testing and disclosure requirements. If cattle or goats are infected with Johne's disease at the time of sale, and the seller has not complied with those testing and disclosure requirements, the buyer may sue the seller for damages under the “implied warranty."

The “implied warranty" law protects buyers, and gives sellers an incentive to test their animals for Johne's disease. A seller may avoid the “implied warranty" by testing and disclosing. Testing is important for controlling this serious disease.

1999 Wis. Act 160 changed the “implied warranty" law, effective July 1, 2000. It changed prior testing and disclosure requirements to make the law more effective and workable. It also authorized DATCP to cover other diseases and animal species by rule. DATCP must implement the new law by rule. The “implied warranty" will no longer apply to any animals or diseases (including Johne's disease in cattle or goats) unless DATCP identifies those animals and diseases by rule.

DATCP, the livestock industry and the Legislature intended that the new law would apply, at a minimum, to Johne's disease in cattle and goats. DATCP has in fact adopted new Johne's disease rules for cattle and goats, in anticipation of the July 1, 2000 effective date of the new law. However, the new rules are technically flawed, in that they imply but do not explicitly state that the new law applies to Johne's disease in cattle and goats. This emergency rule remedies that technical flaw on a temporary basis, pending the adoption of “permanent" remedial rules. This emergency rule does not change the substance or intended application of DATCP's Johne's disease rules.

Text of Rule

SECTION 1. ATCP 10.21(1m) is created to read:

ATCP 10.21(1m) Implied warranty. Section 95.195, Stats., covers paratuberculosis in cattle and applies to sales of cattle.

SECTION 2. ATCP 10.63(1m) is created to read:

ATCP 10.63(1m) Implied warranty. Section 95.195, Stats., covers paratuberculosis in goats and applies to sales of goats.

Fiscal Estimate

The department does not expect this emergency rule to have any fiscal effect on state or local governments.

Initial Regulatory Flexibility Analysis

This emergency rule will have little or no impact on small businesses. It does not change the extent of coverage of the implied warranty rule. It merely makes explicit the coverage which was previously only implied in the Johne's disease rules.

Notice of Hearings

Commerce

(Mines, Pits and Quarries, Ch. Comm 8)

[CR 00-115]

Notice is hereby given that pursuant to s. 101.15 (2) (e), Stats., the Department of Commerce will hold public hearings on proposed rules repealing and recreating ch. Comm 8, relating to mines, pits and quarries.

Hearing Information

The public hearings will be held as follows:

Date & Time   Location

August 16, 2000   Room 105

Wednesday   Eau Claire State

11:00 a.m.   Office Building

  718 W. Clairemont Ave.

  EAU CLAIRE, WI

August 17, 2000   Room 152A

Thursday   Green Bay State

11:00 a.m.   Office Building

  200 N. Jefferson St.

  GREEN BAY, WI

August 18, 2000   Room 3C

Friday   Thompson Commerce

10:00 a.m.   Center

  201 W. Washington Ave.

  MADISON, WI

These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call [phone] or TTY at [phone] at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.

Written Comments

Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rule-making will remain open until Friday, September 1, 2000, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing.

Analysis of Proposed Rules

Statutory authority: Section 101.15 (2) (e)

Statute interpreted: Section 101.15 (2) (e)

The Safety and Buildings Division within the Department of Commerce is responsible for adopting and enforcing rules to effect the safety of mines, explosives, quarries and related activities. Chapter Comm 8 contains safety and health standards for the operation of all new and existing mines, pits and quarries in the state.

The proposed rules consist of a complete update of chapter Comm 8. Because the federal Mine Safety and Health Administration (MSHA) issues extensive safety and health regulations covering the operation of surface and underground mines, chapter Comm 8 contains a reference to those MSHA regulations along with basic administrative requirements relating to the operation of mines, pits and quarries. The proposed rules update and clarify several administrative procedures, such as the notification to begin operation, the payment of fees and the performance of inspections.

The requirements relating to the notification to begin operation are clarified by specifying that the person responsible for the crushing work is the person who must notify the department that work is about to begin. The payment of fees is made consistent with the department's fee schedule by clarifying that the safety service fee is to be paid by the person or firm operating the crushing, screening or washing equipment. The fee rules are also revised by clarifying that an inspection fee and a training fee are only paid by persons who do not pay the safety service fee. The requirements for inspections are revised by indicating that the department will not duplicate inspections performed by MSHA, but will notify MSHA when a required inspection has not been performed.

The proposed rules have been developed with the assistance of the Mines, Pits and Quarries Code Advisory Council. At the time the proposed rules were developed, the members of that citizen advisory council were as follows:

Name   Representing

Christine K. Culligan   Wisconsin Underground
  Contractors Association

Michael Erickson   Aggregate Producers of
  Wisconsin

Todd Every   Wisconsin County
  Highway Association

Scott Janssen   Aggregate Producers of
  Wisconsin

Robert M. Shea   Wisconsin Ready Mixed
  Concrete Association

Carl Thiesen   Wisconsin Asphalt
  Pavement Association

Robert B. Willder   Wisconsin Transportation
  Builders Association

Copies of Rules

A copy of the proposed rules may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, Wisconsin 53701-2689, telephone [phone] or [phone] (TTY), or e-mail at [e-mail]. Copies will also be available at the public hearings.

Environmental Analysis

Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with ch. Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

Initial Regulatory Flexibility Analysis

1.   Types of small businesses that will be affected by the rules:

  The rules will affect any business involved with the ownership or operation of a mine, pit or quarry.

2.   Reporting, bookkeeping and other procedures required for compliance with the rules:

  The rules clarify a current notification requirement, but they do not create any new reporting or bookkeeping requirements.

3.   Types of professional skills necessary for compliance with the rules:

  There are no types of professional skills necessary for compliance with the rules.

Fiscal Estimate

The Safety and Buildings Division is responsible for administering and enforcing ch. Comm 8. The proposed rules do not contain any changes in the Division's fees charged for administering and enforcing ch. Comm 8. Also, the proposed rules will not create any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division.

Notice of Hearing

Health and Family Services