Notice of Hearing
Agriculture, Trade and Consumer Protection
(DATCP DOCKET # 11-R-07)
NOTICE IS HEREBY GIVEN THAT the state of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a on a proposed rule revising Chatper ATCP 17, related to livestock premises registration.
DATCP will hold two public hearings at the times and places shown below.
Date: Tuesday, May 1, 2012
Time: 6:00 p.m. – 7:00 p.m.
Location: Mid-State Technical College
Multipurpose Room 126
2600 West Fifth Street
Marshfield, WI 54449
Date: Wednesday, May 2, 2012
Time: 5:00 p.m. - 6:00 p.m.
Location: Department of Agriculture, Trade and
First Floor Boardroom – Room 106
2811 Agriculture Dr.
Madison, WI 53718
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by April 15, 2012, by writing to Dr. Paul McGraw, Division of Animal Health, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4884. Alternatively, you may contact the DATCP TDD at (608) 224-5058. Handicap access is available at the hearings.
Copies of Rules and Submitting Comments
DATCP invites the public to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until Wednesday, May 16, 2012
, for additional written comments. Comments may be sent to the Division of Animal Health at the address below, by email to DATCPHearingCommentsAH@wisconsin.gov
or online at http://AdminRules.Wisconsin.gov/.
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Animal Health, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-4884 or emailing email@example.com
. Copies will also be available at the hearings. To view the proposed rule online, go to http://AdminRules.Wisconsin.gov/
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@wisconsin.gov
or by telephone at (608) 224-5039.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
DATCP administers Wisconsin's animal health and disease control programs. Under current livestock premises registration law, a person who keeps livestock at a location in this state is required to register that location with DATCP.
Livestock premises registration periods are currently staggered so that some premises registrations end on December 31 of every year. This rule will end the staggering of registrations so that all
premises registrations simultaneously end during the same three-year period as a cost savings measure. It will also end all registrations on July 31 instead of December 31 to ensure that the department can hire sufficient temporary staff to handle the increase in workload once every three years. The rule also will provide a religious exemption for certain individuals with sincerely held religious beliefs against certain requirements of livestock premises registration requirements under s. 95.51 (2)
, Stats., and Ch. ATCP 17
, Wis. Adm. Code. This rule will not increase costs for livestock operators.
Explanation of Agency Authority
DATCP has broad general authority to adopt rules interpreting statutes under its jurisdiction (see
s. 93.07 (1)
, Stats.). DATCP is specifically authorized to adopt rules to protect the health of animals in this state, and to prevent, control and eradicate communicable diseases among animals. Under s. 95.51 (3m)
, Stats., DATCP has express authority to promulgate rules specifying exemptions to the livestock premises registration requirements in s. 95.51 (2)
, Stats. Also, under s. 95.51 (7)
, Stats., DATCP is authorized to promulgate rules for the administration of livestock premises registration law in s. 95.51
Related Statutes or Rules
Animal health laws administered by DATCP are found primarily in Ch. 95
, Stats. Animal health administrative rules are found primarily in Chs. ATCP 1
, Wis. Adm. Code.
Plain Language Analysis
Under current livestock premises registration law, s. 95.51
, Stats., a person keeping livestock in this state must register each location where those livestock are kept. "Livestock" includes bovine animals, equine animals, goats, poultry, sheep, swine other than wild hogs, farm-raised deer, captive game birds, camelids, ratites and fish.
Under current DATCP rules, a person's livestock premises registration expires every three years on December 31. This rule changes the expiration date for all registrants to every third July 31 after July 31, 2013. This will expedite the renewal process by only having to go through the cost of processing renewals every three years, during a time of year when temporary employees should be available.
Current rules do not provide for any exemptions to registering a livestock premises. This rule creates a limited exemption for those individuals who are members of recognized religious groups that have a sincerely held religious belief opposing certain existing livestock premises requirements. Among other things, an individual must submit an affidavit indicating that the individual is a member of an established religion with a sincerely held religious belief opposing livestock premises registration as mandated by s. 95.51
, Stats. In order to protect animal health and the security of the food chain, the individual seeking a religious exemption must provide required information that would assist the department in locating livestock.
Federal and Surrounding State Programs
Most animal health regulations are adopted and administered at the state level. However, the United States Department of Agriculture (USDA) administers federal regulations related to the interstate movement of animals, particularly with respect to certain major diseases. States regulate intrastate movement and imports into the state. States certify the disease status of certain herds, at the request of herd owners, to facilitate interstate movement of animals from those herds. States also license and regulate entities such as animal markets, animal dealers and animal truckers (regulations vary by state). Wisconsin's livestock premises registration program is a leading program in the nation and has provided a model for proposed federal programs.
State regulation of interstate animal movement is generally consistent with federal standards. However, states may impose additional import requirements if those requirements are reasonably designed to prevent the spread of disease. Wisconsin's current rules related to livestock premises registration are consistent with the federal system for registering livestock premises, although the federal program is voluntary. Premises registration is the foundation of the federal traceability law, which is scheduled to go into effect in 2012. This federal law has minimal requirements for interstate movement of livestock.
Surrounding state animal health programs are generally comparable to those in Wisconsin. However, disease regulations and control programs may reflect differences in animal populations, animal-based industries, and disease threats in the different states.
• Minnesota has mandatory livestock premises registration for farm-raised cervids and voluntary livestock premises registration for all other livestock. Any keeper of livestock can register. Information is updated if the producer provides the information.
• Iowa has voluntary livestock premises registration.
• Michigan has mandatory livestock premises registration for cattle. Cervids and aquaculture are required to be licensed by the Michigan Department of Natural Resources, and this includes a premises registration. All other livestock may be registered voluntarily. There is no specific renewal requirement for premises registration.
• Illinois has voluntary livestock premises registration. There is no renewal of premises registration.
• Indiana has mandatory livestock premises registration for cattle, sheep, goats, swine, bison and farmed cervids. Horses, aquaculture and poultry may register voluntarily. Renewal of premises registration is voluntary.
Summary of Factual Data and Analytical Methodologies
DATCP is relying on information obtained from certain religious communities, as well as staff expertise on animal disease control, to create a limited exemption to the livestock premises registration program. DATCP is extrapolating from costs of existing DATCP license and registration programs to determine a method of cost savings in the administration of the livestock premises registration program.
Analysis and Supporting Documents Used to Determine Effect on Small Business or in Preparation of Economic Impact Analysis
No specific documents were used.
Effect on Small Business
This rule will have a positive effect on the expansion of small businesses. Those individuals who may have religious objections to the premises registration requirement can obtain an exemption to registration under this rule and be eligible for business licensure for which premises registration is a prerequisite, e.g., deer farms or animal market operations.
This change of the due date to register premises from December 31 to July 31 and the elimination of staggering the due dates will have no negative impact on businesses because there is no fee to register, regardless of the date the registration is due. (See attached Business Impact Analysis).
Fiscal and Economic Impact Analysis
See the attached Fiscal Estimate and Economic Impact Analysis.
Questions and hearing comments related to this rule may be directed to:
Paul J. McGraw, DVM
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911, Madison, WI 53708-8911
Telephone (608) 224-4884
AND ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original Updated Corrected
Administrative Rule Chapter, Title and Number
Livestock Premises Registration
Fund Sources Affected
Chapter 20 , Stats. Appropriations Affected
GPR FED PRO PRS SEG SEG-S
20.155(2j) and (2(ha)
Fiscal Effect of Implementing the Rule
X No Fiscal Effect
Increase Existing Revenues
Decrease Existing Revenues
Could Absorb Within Agency's Budget
The Rule Will Impact the Following (Check All That Apply)
Local Government Units
X Specific Businesses/Sectors
Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million?
Yes X No
Policy Problem Addressed by the Rule
Livestock premises registration is mandatory in Wisconsin so that state officials would know where susceptible species of livestock are located in the event of an animal disease outbreak. Animal disease is potentially a risk to all livestock and to public health, regardless of the size of the operation. Therefore, when the rules were implemented for this program, no exemptions were granted for any keepers of livestock. Since implementation of this program, a county circuit court judge ruled that an Amish farmer does not have to register his livestock premises due to firmly held religious beliefs opposing livestock premises registration. This proposed rule creates a limited exemption for keepers of livestock from the premises registration requirement, providing that they belong to a recognized religious group that has firmly held religious beliefs opposing livestock premises registration law under Wis. Stat. s. 95.51 and Wis. Adm. Code ch. ATCP 17. They would still be required to provide the state with similar information that is required to register their premises, but the department would keep the information in a separate location.
DATCP is also proposing to change the expiration date of registered premises from the third December 31 from the date the registration is issued to every July 31 after July 31, 2013, in order to streamline the renewal process and for the department and to move the registration date to a time of the year where temporary employees should be available to assist with the renewal process.
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
Businesses and Business Sectors
This proposed rule will allow keepers of livestock whose religious groups have firmly held religious beliefs opposing livestock premises registration under Wis. Stat. s. 95.51 and Wis. Adm. Code ch. ATCP 17 to apply for an exemption to the registration. If the exemption is granted, then the keeper of livestock would be allowed to obtain a livestock-related license issued by DATCP without first being required to register their premises. This rule will likely increase the number of deer farm, animal markets, fish farms, or other livestock operations issued by the department. DATCP expects minimal implementation costs.
Local Governmental Units
These revisions will have no fiscal effect on state or local government.
Public Utility Rate Payers
The rule will have no impact on public utility rate payers as a group.
This rule will not adversely affect the economy, productivity, jobs or the economic competitiveness of the state. It may increase the number of certain livestock-related businesses as a result of the religious exemption.
Economic Impact Analysis Comments
DATCP posted the proposed rule online and sought comments from businesses and the public about the potential economic impact of the rule. The department did not receive any comments about the potential economic impact of the rule.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
If DATCP does not provide exemptions to the livestock premises registration, the rule will stay the same and some individuals may not enter livestock-related businesses that require licenses issued by the department.
Long Range Implications of Implementing the Rule
Overall, this rule continues to provide for disease control and prevention for the benefit of the entire livestock and aquaculture industry. This rule will improve flexibility for individual businesses, including small businesses. Overall, this rule has no adverse impacts on small business because there is no fee to register in the premises program or to apply for the religious exemption.
Compare With Approaches Being Used by Federal Government
Most animal health regulations are adopted and administered at the state level. However, the United States Department of Agriculture (USDA) administers federal regulations related to the interstate movement of animals, particularly with respect to certain major diseases. USDA developed the nationally unique premises identification and issue the premises code. While USDA does not require all livestock producers to register premises, they do support livestock premises registration. USDA does not have any rules that would conflict with Wisconsin exempting certain premises from registration.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Surrounding state animal health programs are broadly comparable to those in Wisconsin, but there are differences. Disease regulations and control programs may reflect differences in animal populations, animal-based industries, and disease threats in the different states
• Iowa has voluntary livestock premises registration. There is no renewal of premises registration.
• Minnesota has mandatory livestock premises registration for farm raised cervids and voluntary livestock premises registration for all other livestock. Any keeper of livestock can register, there is no required renewal. Information is updated if the producer provides the information.
• Michigan has mandatory livestock premises registration for cattle. Cervids and aquaculture are required to be licensed by the Michigan DNR and this includes a premises registration. All other livestock may be registered voluntarily. There is no specific renewal requirement for premises registration.
• Illinois has voluntary livestock premises registration. There is no renewal of premises registration.
• Indiana has mandatory livestock premises registration for cattle, sheep, goats, swine, bison and farmed cervids. Horses, aquaculture and poultry may register voluntarily. There is no required renewal of premises registration.
Name and Phone Number of Contact Person
Paul J. McGraw, DVM; Telephone: (608) 224-4884
Notice of Hearing
Environmental Protection — General, Chs. NR 100—
Environmental Protection — Investigation & Remediation of Environment, Chs. NR 700—