Register

Analysis prepared by the Dept. of Agriculture, Trade and Consumer Protection

Statutory Authority:   s. 93.07 (1)

Statute Interpreted:   ss. 93.07 (10), 95.20 and 95.25

In order to protect animals and the public from bovine tuberculosis, this rule restricts the importation of animals from states that the United States department of agriculture (USDA) has classified as tuberculosis “non-modified accredited".

Background

Bovine tuberculosis (TB) is an infectious disease caused by Mycobacterium bovis (M. bovis). It is generally described as a chronic debilitating disease of cattle but it may have an acute, rapidly progressive course. It can cause disease in most warm-blooded vertebrates, including humans. If TB becomes established in Wisconsin, it will pose a significant threat to the health of domestic animals and humans in the state.

The Wisconsin department of agriculture, trade and consumer protection (department) administers a TB eradication program in cooperation with USDA. After several decades of intense effort, the disease was nearly eradicated in the United States. But recently, the USDA reclassified Michigan from “accredited-free" to “non-modified accredited" because TB was confirmed in several cattle herds and in several native white-tailed deer.

TB is easily transmitted. Wisconsin imports a substantial number of animals from Michigan, and the last known incident of TB in a bovine animal in Wisconsin involved an animal that was imported from Michigan. For these reasons, the department proposes to regulate the import of animals that originate from “non-modified accredited" states.

Pre-Import Requirements

Under this rule, bovine animals, goats and cervids imported to Wisconsin from a tuberculosis “non-modified accredited" state must be accompanied by a certificate of veterinary inspection. The importer must obtain an import permit from the department.

The veterinarian who completes the certificate of veterinary inspection must certify that the animal originates from a herd in which a whole herd TB test has been completed within the last 12 months. The veterinarian must certify that the whole herd test included every animal over 6 months of age in the herd, and that all test results were negative.

An imported animal must be individually tested for tuberculosis within 60 days (90 days for a cervid) prior to the import date, unless the animal is less than 6 month old on the import date. The test may be performed as part of a whole herd test if the whole herd test is performed within 60 days (90 days for a cervid) prior to the import date.

Post-Import Testing

An animal imported to Wisconsin from a tuberculosis non-modified accredited state must be tested for tuberculosis not less than 90 days nor more than 120 days after it is imported. This testing requirement does not apply to feeder cattle that are confined to the receiving premises until they are shipped to slaughter. (The feeder cattle, when shipped to slaughter, must be accompanied by USDA form VS1-27.)

Post-Import Confinement

Animals imported to Wisconsin from a tuberculosis non-modified accredited state may not be commingled with any other animals in this state, or removed from the premises at which they are first received in this state, until they test negative for tuberculosis or are shipped to slaughter.

Exception

This rule does not apply to animals that are imported directly to a slaughtering establishment for slaughter.

Fiscal Estimate

The Department anticipates costs to the Department of approximately $2000 as a result of this rule. The Department can accommodate these costs in its current budget. The Department does not anticipate any additional costs to counties or other local governments.

Initial Regulatory Flexibility Analysis

This rule will affect small businesses that import bovine animals, goats or cervids into this state. It requires the operator of those businesses to either refrain from importing bovine animals, goats or cervids from states the United States department of agriculture has designated as tuberculosis non-modified accredited states, or to comply with the standards this rule establishes to assure that the animals that are imported are not infected with bovine tuberculosis.

At the present time, the USDA has only designated one state, Michigan, as non-modified accredited. If the small business operator imports bovine animals, goats or cervids from Michigan, the operator will need to assure that the animal originates from a herd which has tested negative for tuberculosis within the past 12 months and that the animal has tested negative within the past 60 days (90 days for cervids). This places a burden on the business operator but it does not completely prohibit import of animals from Michigan. The burden of assuring that the animals have been properly tested is minimal compared to the burden that would be experienced by Wisconsin's animal agriculture industry if bovine tuberculosis is introduced to Wisconsin by an animal imported from a non-modified accredited state.

This rule requires persons, including small business operators, who import animals from non-modified accredited states to have the animals retested for tuberculosis after being imported. The imported animals must be kept segregated from other animals until the retest is completed. These requirements add costs for the importer, but the costs that would be incurred if infected animals are imported without these precautions are substantially higher. And, the importer has the ability to avoid these costs entirely by importing animals from other states of origin rather than from a non-modified accredited state.

Notice of Hearings

Agriculture, Trade and Consumer Protection

[CR 00-146]

(Reprinted from mid-November Wis. Adm. Register)

The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on a proposed rule relating to reimbursement of Johne's Disease testing costs. The hearings will be held at the times and places shown below. The public is invited to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until December 8, 2000, for additional written comments.

A copy of this rule may be obtained free of charge, from the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Animal Health, 2811 Agriculture Drive, P.O. Box 8911, Madison WI 53708, or by calling [phone]. Copies will also be available at the hearings.

An interpreter for the hearing impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by Friday, November 17, 2000, by writing to Lynn Miller, Division of Animal Health, P.O. Box 8911, Madison WI 53708-8911, telephone [phone]. Alternatively, you may contact the Department TDD at [phone]. Handicap access is available at the hearings.

Two hearings are scheduled:

Tuesday, November 28, 2000, 2:00 pm until 4:00 pm
Dept. of Agriculture, Trade and Consumer Protection
Board Room
2811 Agriculture Drive
Madison, WI 53704
Handicapped accessible

Thursday, November 30, 2000, 2:00 pm until 4:00 pm
Dept. of Agriculture, Trade and Consumer Protection
Conference Room
3610 Oakwood Hills Parkway
Eau Claire, WI 54701-7754
Handicapped accessible

Analysis prepared by the Dept. of Agriculture, Trade and Consumer Protection

Statutory Authority:   ss. 93.07 (1) and 95.197 (2)

Statute Interpreted:   s. 95.197

Johne's disease (paratuberculosis) is a serious disease of cattle. The 1999-2001 biennial budget act (1999 Wis. Act 9) established a grant program to help cattle owners pay for Johne's disease testing. The department of agriculture, trade and consumer protection (DATCP) administers the grant program. This rule establishes standards for the grant program, as required by the biennial budget act.

Background

Under s. 95.197, Stats., and current DATCP rules, a seller warrants that cattle are free of Johne's disease at the time of sale unless the seller discloses to the prospective buyer the current Johne's disease herd classification of the source herd. Every herd of cattle has a Johne's disease herd classification.

A herd is automatically classified “maximum risk for Johne's disease" unless DATCP assigns a different herd classification based on an annual herd test. DATCP may assign one of several herd classification, based on annual herd test results. An annual herd test is voluntary. A herd owner may arrange and pay for an annual herd test, and may ask the department to classify the herd based on the test results.

Grant Program

The biennial budget act (1999 Wis. Act 9) provided $100,000 in grant funds FY 2000-01 to help cattle owners pay for annual Johne's disease herd tests. Under this rule, a herd owner who asks the department to classify a herd based on an annual herd test may apply for reimbursement of laboratory costs associated with the annual test. When DATCP classifies the herd, it will tell the herd owner how to apply for reimbursement.

To obtain reimbursement, a herd owner must file a claim by February 1 of the year following the year in which the herd owner tests the herd. The herd owner must submit copies of bills that establish the amount of laboratory costs charged to the herd owner. DATCP will distribute available funds by June 30 (following the February 1 annual application deadline).

DATCP may reimburse all or part of an applicant's claim, depending on available funding. If allowed claims exceed available funding, DATCP will pay each herd owner a pro rata share based on the amount of each herd owner's allowed claim. A herd owner may not resubmit the unpaid portion of a claim in a subsequent year.

Fiscal Estimate

The Department estimates that 2400 herds will be classified over a 12 month period and that 80% of the herd owners will file a reimbursement claim. If each claim requires 20 minutes to review and enter data for payment, the cost for salary and fringe will be $12,600. We estimate postage will cost $600 per year. The department will absorb these costs in the existing budget by reprioritizing staff assignments and expenses.

This estimate covers costs for the first year of the program only. Herd participation is expected to increase approximately 20 to 50% each year. This will also increase costs incurred by the department at a similar rate. At some point in time, the department may not be able to absorb the costs.

Small Business Analysis

This rule will help cattle owners by reimbursing Johne's disease testing costs. The department has minimized procedural requirements related to reimbursement application, so that it will be easy for herd owners to apply. The department has included only those requirements that are necessary to ensure financial accountability in the distribution of public funds. This rule gives herd owners a substantial amount of time to apply for reimbursement. Hear owners must simply document the laboratory costs for which they seek reimbursement. DATCP will give herd owners information on how to apply.

Initial Regulatory Flexibility Analysis

This rule establishes standards for the grant program created by 1999 Wis. Act 9 to assist cattle owners in paying for Johne's disease testing. It will affect cattle owners who wish to obtain reimbursement for a portion of the costs incurred to test their herds for Johne's disease.

When a herd owner has his herd tested for Johne's disease and requests that the herd be classified on the basis of that test, the department will advise the herd owner that he or she is eligible to participate in the grant program. To participate in the grant program, the herd owner must file a claim no later than February 1 of the year following the calendar year in which the herd was tested. The owner must provide copies of bills from either the veterinarian or the laboratory to establish amount of laboratory costs incurred.

This claim filing process is the least onerous possible that is consistent with the state's need to audit and assure that grants are only given in appropriate amounts to eligible owners. The rule permits filing the claim anytime between the date their herd is classified and February 1 of the year after the testing is conducted. This allows significant flexibility for the animal owner.

It is not anticipated that the animal owner will need any significant professional skills to complete the claim form and become eligible for a grant under this rule.

Notice of Hearing

Commerce

(Uniform Dwelling, Chs. Comm 20-25)

[CR 00-159]

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 (1), 101.63 (1), 101.64 (3), 101.651, 101.72 and 101.74, Stats., the Department of Commerce will hold a public hearing on proposed rules relating to Uniform Dwelling Code Inspection Agencies.

The public hearing will be held as follows:

Date & Time	Location
December 12, 2000 Tuesday 9:00 A.M.	Room 3B Thompson Commerce Center 201 W. Washington Avenue Madison, WI

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 rulemaking will remain open until Friday, December 22, 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.

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.

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

Analysis of Proposed Rules

Statutory Authority: ss. 101.02 (1), 101.63 (1), 101.64 (3), 101.72 and 101.74

Statute Interpreted: s. 101.651 (2m)

The last budget bill, 1999 Wisconsin Act 9, created s. 101.651 (2m), Stats., which requires municipalities with less than 2,500 population to adopt and enforce the Uniform Dwelling Code (UDC) unless they take certain specified steps. However, there is no time limit specified for these steps to be taken. Section 101.651 (3) (b), Stats., was created at the same time which requires the department to enforce the UDC and to provide inspection services in those municipalities that have not otherwise provided for enforcement and inspection services under 101.651 (2m) (intro.) and (a), Stats., or that have not adopted an ordinance forgoing all enforcement and inspection as allowed under s. 101.651 (2m) (b), Stats.

The department plans to enforce the UDC and provide inspection services in those municipalities through the use of UDC Inspection Agencies registered with the department. The UDC Inspection Agency would be responsible for the issuance of building permits and UDC seals, and the performance of plan reviews and dwelling inspections. The dwelling owner would be responsible for hiring the UDC Inspection Agency to enforce the UDC for that dwelling.

Treatment sections 5 to 9 of this rule have an earlier effective date than the remainder of the sections to allow the department to register these agencies prior to requiring a homeowner to use them to inspect his or her dwelling.

Initial Regulatory Flexibility Analysis

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

Homebuilders who have previously done business only in non-enforcing municipalities will now be subject to permitting, plan review, and inspection activities.

Independent inspection firms will be affected. There will be a greater demand for their services.

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

Homebuilders who have previously done business only in non-enforcing municipalities will have to comply with rules for obtaining permits and for complying with plan review requirements.

A larger number of inspectors will have to obtain seals from the department or municipality and will be required to forward completed permit applications to the department.

The procedures and records of the UDC Inspection Agencies will be subject to audit by the department.

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

There should be no additional professional skills needed to comply with these rules.

Notice of Environmental Analysis - Dept. of Commerce

Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter 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.

Fiscal Estimate

1999 Wisconsin Act 9 expanded the Uniform Dwelling Code (UDC) permit and inspection program to apply mandatorily to cities, villages and towns with populations of 2,500 or less. Effective May 1, 2000, the Department of Commerce is required to provide a UDC permit and inspection program for newly constructed homes in municipalities with populations of 2,500 or less in which the county or the municipality does not take action. Cities, villages and towns with populations of 2,500 or less are able to opt out of the county or state permit and inspection program by resolution of the governing board filed with the Department.

Based on census data, it is anticipated that there will be 11,500 new housing starts annually that are currently not under permit. Commerce estimates that 35 % of these housing starts (4,025 homes per year) will secure UDC permits and have a permit and inspection activity associated with each permit. That means municipalities, counties or Commerce will be providing permit and inspection programs for the new housing starts. Municipalities and counties that provide permit and inspection programs will administer their own programs. Municipalities and counties that do not administer their own programs will have the permit and inspection programs administered by Commerce. It is anticipated that 50 percent of the UDC permits issued (2,000 homes per year) will have permit and inspection programs administered through Commerce.

For those permit and inspection programs that Commerce will be responsible for, Commerce will establish a registration program for UDC inspection agencies. The agencies, which will utilize UDC-certified building inspectors, will review building plans, perform field inspections, issue permits and collect fees. The agencies will fund their costs from the fee. The agents will purchase uniform building permit seals from Commerce at a cost of $25.00 each.

Although it is anticipated that all permit and inspection programs administered through Commerce will be through registered inspection agencies, there will be added duties for Commerce staff. Added duties include consultation, registration administration, education and training, contractor and local government auditing, permit handling, and review of petitions for variance. The recently authorized additional 1.5 FTE positions (1.0 FTE building inspector and 0.5 FTE program assistant) will provide the Division with the ability to meet the demands of the expanded program.

Municipalities and agencies will purchase Uniform Building Permit Seals with every new housing start that secures a UDC permit. It is anticipated that increased revenue generated from the purchase of the Uniform Building Permit Seal, at a fee of $25 each, will cover the projected costs.

There are no long-range fiscal implications anticipated.