Rule-making notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
(reprinted from 3/31/06, Wis. Adm. Register)
Rule related to minor remedial drafting changes of department rules.
The state of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold a public hearing on a proposed rule that make minor remedial drafting changes to a number of department rules.
DATCP will hold one public hearing at the time and place shown below. DATCP invites the public to attend the hearing and comment on the proposed rule. Following the public hearing, the hearing record will remain open until Friday, April 21, 2006 for additional written comments. Comments may be sent to the Office of Legal Counsel, at the address below, by email to
karen.schultz@datcp.state.wi.us or online at
https://apps4.dhfs.state.wi.us/admrules/public/Home
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Office of Legal Counsel, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-5023 or emailing
karen.schultz@datcp.state.wi.us. Copies will also be available at the hearings. To view the proposed rule online, go to:
To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to
Keeley.Moll@datcp.state.wi.us or by telephone at (608) 224-5039.
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by April 5, 2006, by writing to Karen Schultz, Office of Legal Counsel, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-5023. Alternatively, you may contact the DATCP TDD at (608) 224-5058. Handicap access is available at the hearings.
Hearing Dates and Locations
Thursday, April 13, 2006
1:00 p.m. to 3:00 p.m.
Department of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive, Room 172
Madison, WI 53718
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
This rule makes technical changes to a number of current rules administered by the Department of Agriculture, Trade and Consumer Protection (“DATCP"), related to a variety of topics. This rule describes the discretion that DATCP may exercise in the enforcement of regulations against small business.
Statutory Authority
Statutory Authority:
ss.
93.07 (1),
92.05 (3) (c),
92.14 (8),
93.50 (2) (f),
94.72 (13) (a),
95.197 (2),
95.71 (8),
97.09 (4),
97.20 (4),
97.22 (8),
97.41 (2) and
(5),
98.03 (2),
98.18 (2), and
895.59, Stats.
Statutes Interpreted: ss.
92.05,
92.14,
94.72,
95.197,
95.71,
97.20,
97.22,
97.41,
98.03,
98.18,
93.50, and
895.59, Stats.
DATCP has broad authority under 93.07(1) to adopt rules needed to implement laws under its jurisdiction. Under s.
895.59, Stats. (created by
2003 Wisconsin Act 145), DATCP is required to adopt rules describing the discretion that it may exercise in enforcement of its regulations against small businesses. DATCP has specific authority, under the provisions cited above, to adopt rules related to each of the topics addressed by this rule.
Rule Content
Small business enforcement discretion: Under s.
895.59, Stats. (created by
2003 Wisconsin Act 145), state agencies are required to adopt rules describing the discretion they may exercise when enforcing regulations against small businesses. This rule describes the discretion that DATCP may exercise when enforcing regulations against small businesses. DATCP already exercises enforcement discretion, as described in this rule.
Technical changes to current rules.
This rule also makes minor technical changes to a number of rules administered by the DATCP. This rule does all of the following:
Conforms fertilizer tonnage fee (agricultural chemical cleanup surcharge) to current statute The department is currently charging the (lower) statutory fee, not the obsolete (higher) fee that appears in the current rule (ATCP 40).
• Updates technical standards that are incorporated by reference in current commercial feed rules (ATCP 42). The updates refer to the latest edition (2006) of the official publication of the Association of American Feed Control Officials.
Updates current standards for the professional certification of agricultural engineering practitioners. The revised standards address new agricultural engineering practices, and the planning phases of engineering projects. The revisions also make minor changes to job class criteria for some existing practices, reflecting changes in technology and scale of current projects. DATCP coordinated these revisions with the United States Department of Agriculture (NRCS) and county land conservation departments, including practitioners who serve federal, state and county conservation programs.
Clarifies DATCP's meat holding order and condemnation authority (ATCP 55).
Corrects inconsistent rules related to the legal “shelf life" of smoked fish (one rule says 17 days, the other says 21 days). This rule says 21 days.
• Changes current dairy plant rules (ATCP 80) to make them consistent with current federal standards. This includes minor technical changes related to pasteurization standards, thermometers and temperature readings, as well as updates to technical standards incorporated by reference (ATCP 80 Appendix). The updates refer to the latest editions of the 3-A Sanitary Standards and Accepted Practices published by the 3-A Sanitary Standards, Inc.
• Updates technical standards that are incorporated by reference in current weights and measures rules (ATCP 92). The updates refer to the latest editions (2006) of current weights and measures handbooks published by the National Institute of Standards and Technology.
Clarifies, per current statutes, that local weights and measures inspectors must be civil service employees (conforms rule to current statute).
Eliminates minor obsolete accounting provisions (in ATCP 105) related to the calculation of cigarette “cost" for purposes of the Unfair Sales Act (“minimum markup law").
Clarifies the relationship between DATCP's home improvement code (ATCP 110) and basement waterproofing code (ATCP 111), both of which apply to basement waterproofing services.
Clarifies prohibition against misleading charity claims in coupon book schemes (ATCP 131).
• Repeals current rules related to dairy cattle grades (ATCP 158), because the rules are obsolete and no longer used.
• Corrects typographical errors and cross-references, eliminates obsolete provisions, conforms rules to current statutes, creates clarifying notes, and makes other non-substantive drafting and organizational changes to current rules.
Pursuant to s.
227.21, Stats., DATCP will request permission from the Attorney General and the Revisor of Statutes to incorporate each updated technical standards by reference.
Fiscal Estimate
DATCP already exercises enforcement discretion, as described in this rule, so the effect will be minimal. Fines and forfeitures are paid to the state school fund, not DATCP. Other provisions of this rule will have no fiscal effect on DATCP or local units of government.
Business Impact
DATCP already exercises enforcement discretion, as described in this rule. The current exercise of discretion prevents unnecessary costs to small businesses. The codification of DATCP's current enforcement policy will not change that policy, or have a major additional impact on business. The other provisions of this rule will have no significant effect on business.
Federal Regulations
Several of the technical changes in this rule will make DATCP rules consistent with current federal standards. Otherwise, there are no existing or proposed federal regulations similar to this rule.
Surrounding State Programs
Surrounding states (Illinois, Indiana, Iowa, Michigan and Minnesota) do not have comparable rules, except that some use comparable technical standards.
Notice of Hearing
Chiropractic Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Chiropractic Examining Board in ss.
15.08 (5) (b) and
227.11 (2), Stats., and interpreting s.
446.04, Stats., the Chiropractic Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s.
Chir 6.02 (6), relating to adequate education prior to application of new therapies and treatment modalities.
Hearing Date, Time and Location
Date: April 27, 2006
Time: 8:15 a.m.
Location: 1400 East Washington Avenue
Room 121A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at
pamela.haack@drl.state.wi.us. Comments must be received on or before May 11, 2006 to be included in the record of rule-making proceedings.
Statutes interpreted: Section
446.04, Stats.
