Scope statements
Agriculture, Trade and Consumer Protection
Subject
Ch.
ATCP 29, relating to pesticide use and control.
Objective of the rule. Update and clarify current rules regulating the use of pesticides, certification of pesticide applicators, registration of pesticide products, and fees administered under this rule.
Policy analysis
DATCP regulates distribution and use pesticides under ss.
94.67 to
94.71, Stats. Pesticides are substances or mixtures of substances labeled or intended for use in preventing, destroying, repelling or mitigating any pest, or as a plant regulator, defoliant or desiccant.
Companies who manufacture and label pesticides must be licensed to distribute pesticides in Wisconsin. These pesticides must be properly labeled, and in most cases registered with the US Environmental Protection Agency (EPA). DATCP may register pesticides for use in Wisconsin to address special local needs (SLN). These SLN registrations are subject to EPA review. Fees are assessed and collected by DATCP for pesticides registered for use in Wisconsin based on the type and quantity of pesticide distributed.
Applicators of those pesticides classified as “Restricted-Use" by EPA, and all commercial applicators of any pesticide must be certified as competent by DATCP in the appropriate category for the intended pesticide use and site. The current rule identifies 19 categories and sub-categories of pesticide use.
The rule includes requirements related to; labeling of pesticides; general prohibitions; pesticide use including recordkeeping and reporting, posting of treated areas, providing notice of pesticide application; and spill containment and recovery at mixing/loading sites.
DATCP has adopted rules under ch.
ATCP 29, Wis. Adm. Code, to regulate pesticides and their use. DATCP proposes to revise its current rules to:
• Clarify and update pesticide applicator certification categories and consider creating additional categories.
• Clarify requirements related to pesticide use in schools and on school grounds.
• Clarify standards for issuing special local needs registrations and consider a fee increase for these registrations.
• Clarify and update requirements related to pesticide spill containment and recovery.
• Require development of integrated pest management plans prior to making pesticide applications to urban sites that are five acres or larger in size.
• Make other changes to clarify and update current rule provisions.
Policy alternatives
No change. If DATCP takes no action, current rules will remain in effect. This may result in unnecessary confusion related to the regulation of pesticide and their use. The current rule does not address recent statutory changes, changes in the pesticide use industry, and new pesticide issues.
Statutory authority
Staff time required
DATCP estimates that it will use approximately 0.5 FTE staff to develop this rule. This includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
Agriculture, Trade and Consumer Protection
Subject
Ch.
ATCP 60, relating to unpasteurized milk sales to consumers; prohibition and exemptions.
Objective of the rule. Codify current law regulating the sale of unpasteurized milk and fluid milk products to consumers.
Policy analysis
DATCP regulates dairy farms and enforces food safety requirements under ch.
97, Stats., and ch.
ATCP 60, Wis. Adm. Code. Section
97.24 (2), Stats., prohibits the sale of unpasteurized milk and fluid milk products to consumers. However, the statute provides certain exemptions, including an exemption for “incidental sales" of unpasteurized milk at the dairy farm where the milk is produced.
This rule will codify and clarify current law related to the sale of unpasteurized milk, including the current exemption for “incidental sales." This rule is consistent with DATCP's longstanding interpretation, which was inadvertently deleted from DATCP rules when those rules were comprehensively revised in 1994. This rule also codifies a recent contested case decision which held that a dairy farm owner may distribute raw milk produced on that farm to other owners of that farm.
Policy alternatives
Do nothing. This is not an acceptable alternative. Although this rule will not change current law, it will provide a clear statement of that law for dairy farmers and others. The DATCP Secretary, in a contested case decision, ordered the department to codify the decision by rule. A clear rule will protect public health, safeguard the existing rights of dairy farm owners, provide clear notice to affected persons, and avoid unnecessary legal conflicts.
Statutory authority
Staff time required
DATCP estimates that it will use approximately 0.1 FTE staff time to develop this rule change. This includes research, drafting, preparing related documents, holding public hearings, and communicating with affected persons and groups. DATCP will assign existing staff to develop this rule.
Controlled Substances Board
Subject
Reschedule buprenorphine from a schedule V controlled substance to a schedule III controlled substance.
Objective of the rule. By final rule of the Drug Enforcement Administration (DEA), adopted effective October 7, 2002, buprenorphine was reclassified from a schedule V controlled substance to a schedule III controlled substance under the federal Controlled Substances Act (CSA). Buprenorphine is currently only classified as a schedule V controlled substance under the Wisconsin Controlled Substances Act in ch.
961, Stats. The objective of the rule is to bring state classification of buprenorphine into conformity with federal law.
Policy analysis
Drugs that are classified as “controlled substances" under federal and state laws are subject to higher civil and criminal penalties for their illicit possession, distribution and use. Health care providers are also subject to greater record keeping requirements respecting their obtaining, prescribing and dispensing of such drugs. This is due to the fact that certain drugs have a greater likelihood of abuse, addiction and adverse consequences to patient health if utilized inappropriately, than do other drugs. In December 2001, the federal Department of Health and Human Services forwarded a recommendation to reschedule buprenorphine to schedule III of the Controlled Substances Act (CSA). The recommendation was based on a reevaluation of buprenorphine's abuse potential and dependence profile in light of numerous scientific studies and years of human experience with the drug. The DEA completed n independent either factor analysis in accordance with
21 U.S.C. 811 (c). The DEA made findings in accordance with
21 U.S.C. 812 (b) that buprenorphine has potential for abuse less than the drugs or other substances in schedules I and II, has currently accepted medical use in treatment in the United States, and abuse may lead to moderate or low physical dependence or high psychological dependence. These findings form the basis for the DEA action in rescheduling buprenorphine.
Statutory authority
Staff time required
It is estimated 50 hours will be needed to promulgate the rule.
Elections Board
Subject
To create ch. ElBd 11, relating to the certification and training of chief election inspectors.
Policy analysis
Elections in the State of Wisconsin are conducted at an estimated 3500 polling places. Supervision of voting at each polling place is under the direction of the election inspectors and, particularly, the chief election inspector, appointed to serve that polling place.
2001 Wisconsin Act 16 requires the Elections Board to develop and implement a training and certification program for these chief election inspectors who are responsible for the conduct of elections at Wisconsin polling places. To implement the training program, the Elections Board's staff has drafted a set of administrative rules regarding qualification and certification as a chief election inspector. Although the rule is required to be in place immediately, the state's fiscal crisis has delayed the Board's ability to implement the training and certification of the estimated 3500 chief inspectors. Adoption of the rules regarding training and certification is the first step in implementation.
Statutory authority
Staff time required
20 Hours.
Health and Family Services
(Medical Assistance, Chs.
HFS 100—)
Subject
To create and amend rules implementing the Family Planning Waiver as approved by the federal Centers for Medicare and Medicaid Services.
Policy analysis
The Department must create and amend selected provisions under chs.
HFS 101,
102,
103 and
107, relating to Medical Assistance to implement a waiver of federal regulations that allows the Department to provide family planning coverage for females of child-bearing age. The federal waiver allows for the expansion of Medicaid services for a limited array of services to specific individuals who would not otherwise be eligible for Medicaid coverage. Through this expansion of coverage, the Department hopes to reduce the number of unwanted pregnancies in Wisconsin. Under the waiver, a woman of child-bearing age whose income does not exceed 185% of the federal poverty line will be eligible for most of the family planning services currently available under Medicaid, as described in existing s.
HFS 107.21.
