Rule-Making Notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on proposed rules
that make minor remedial drafting changes in Chapters
ATCP 3,
10,
12,
21,
29,
30,
31,
33,
40,
50,
51,
55,
60,
70,
75,
90,
92,
103,
118,
123,
124,
125,
136 and
160.
Hearing Information
The Department will hold a public hearing at the time and place shown below.
Tuesday, August 26, 2008
1:00 p.m. to 3:00 p.m.
Dept. of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive, Room 472
Madison, WI 53718
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by Friday, August 22, 2008, 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 hearing.
Analysis Prepared by the Dept. of Agriculture, Trade and Consumer Protection
Statutes interpreted
Sections
91.80, ch.
92,
93.06 (1n),
93.23,
94.64 (3r) (b) and
(4a) 5., 94.645, 94.681 (3), 94.685 (3) (a) 2., 94.69, 94.703 (3) (a) 2., 94.704 (3)(a) 2., 95.55 (6), 97.02, 97.03, 97.09 (4), 97.20, 97.22, 97.24, 97.30, 97.42, 97.43, 97.52, 98.03 (2), 98.18 (2), 98.07, 98.26 (1), 100.20, 100.45, 160.19, 160.21, 160.23, 160.25, 281.16, 344.576 (3) (a), 345.285 (5w) (a) 1., Stats.
Statutory authority
Sections
92.05 (3) (c) and
(k),
92.14 (8),
92.15 (3) (b),
92.16,
92.18 (1),
93.06 (1n) (c),
93.07 (1),
94.645 (3),
94.69 (1),
95.55 (6),
97.09 (4),
97.20 (4),
97.22 (8),
97.24 (3),
97.30 (5),
97.42 (4),
97.52,
98.03 (2),
98.07 (4),
98.18 (2),
100.20 (2),
100.45 (5) and
(5) (e),
160.19 (2),
160.21 (1),
281.16 (3) (b) and
(c),
344.576 (3) (c),
345.285 (5x), Stats.
Explanation of agency authority
DATCP has general authority, under s.
93.07(1), Stats., to adopt rules to interpret laws under its jurisdiction. DATCP also has specific rulemaking authority under the statutes listed above. This rule makes minor changes to a wide range of rules administered by the DATCP. The rule changes are, for the most part, adopted under the same authority used to adopt the existing rules.
Related rules or statutes
This rule is not substantially affected by other statutes or rules, other than those identified in this rule.
Rule contents
This rule makes minor or technical changes to a number of current DATCP rules. This rule does all of the following:
Electronic Processing of License Applications;
Cost Recovery
Authorizes DATCP to assess a $3 fee for electronic licensing transactions (in addition to other license fees), to cover DATCP's electronic licensing costs. Electronic processing, if offered, is offered as a voluntary option for license applicants.
Agricultural Chemical Cleanup Program;
Surcharge Adjustment
Reduces current agricultural chemical cleanup program surcharges paid by pesticide and fertilizer license holders, consistent with
2007 Wisconsin Act 20 (biennial budget act). DATCP has already implemented the reduced statutory surcharges (this rule merely conforms current rules to the new statutory amounts).
Atrazine Use Regulations
Revises the format of current maps showing some of the land areas where application of atrazine pesticides is currently prohibited by rule (this rule does not change the actual prohibition areas).
Restores a provision inadvertently deleted from the atrazine rule in 1993, when the rule was modified for other reasons. The restored provision allows farmers to apply an additional 0.5 lbs. of atrazine per acre on medium- or fine-textured soils (up to 1.5 lbs. per acre rather than 1.0 lb. per acre), if no atrazine was applied in the preceding year. The restored provision is consistent with how DATCP has always administered the atrazine rule, so there will be no change in actual use practices.
Land and Water Conservation Program
Updates technical standards incorporated by reference in current land and water conservation rules (ATCP 50). This rule does not substantially alter current standards or requirements.
Gives DATCP more latitude to extend land and water conservation funding for county cost-share contracts with landowners that were signed, but not completed, during the preceding year (extends signing deadline from December 1 to December 31).
Extends the current mid-year deadline for counties to file cost-share reimbursement requests with DATCP (from June 1 to July 1).
Updates current standards for the certification of agricultural engineering practitioners under the land and water conservation program, consistent with current standards published by the united states department of agriculture, natural resource conservation service (“NRCS").
Updates current standards used by certified soil testing laboratories under the land and water conservation program, consistent with updated standards published by the university of Wisconsin-extension and university of Wisconsin- Madison.
Meat Inspection
Corrects erroneous cross-references to federal meat inspection regulations in state meat inspection rules.
Dairy Inspection
Changes, from 7 days to 14 days, the time period within which dairy plants must report high somatic cell counts in goat milk and take follow-up samples related to high bacterial counts.
Weights and Measures
Updates technical standards incorporated by reference in current packaging and labeling and weights and measures rules (ATCP 90 & 92), including the latest standards published by the National Institute of Standards and Technology.
Car Rental Notices
Incorporates statutory provisions requiring car rental companies to notify prospective renters if the rental company may charge the renter's credit card for forfeitures and other costs incurred but not paid by the renter for nonmoving traffic violations (parking tickets).
Mobile Home Park Rent Disclosures
Clarifies, but does not change, current rules related to disclosure of rent and related charges in mobile home parks. This rule clarifies that park operators may disclose charges by means of a price schedule, rate or formula, provided that the renter can readily determine the amount to be paid.
Fair Premium Aids
Authorizes DATCP to pay county and district fair premium aids based on total county and district fair premiums paid (current rule requires payment based on total premiums less entry fees).
Other Technical Changes
Modifies current
notes to reflect the fact that rules and related documents are now filed with the legislative reference bureau, not the revisor of statutes or secretary of state (the revisor of statutes office was eliminated by
2007 Wis. Act 20).
Corrects minor errors in current rules.
Makes minor organizational, drafting and terminology changes.
Comparison with federal regulations
Some of the rules affected by this rule are based on federal regulations or standards including:
•
Soil and water conservation standards published by NRCS.
•
Regulations under the federal meat inspection program. State standards must be at least “equal to" the federal standards.
•
Dairy standards under the Interstate Pasteurized Milk Ordinance (PMO)
•
Weights and measures standards issued by the national institute of standards and technology.
This rule is consistent with relevant federal regulations and standards.
Comparison with rules in adjacent states
Surrounding states have programs similar to some of the programs affected by this rule, including cooperative state-federal programs related to soil and water conservation, meat inspection, dairy regulation, and weights and measures regulation. Current Wisconsin programs in these areas are substantially equivalent to programs in surrounding states. This rule does not have a significant impact on programs in this state or other states, or create any significant disparity between this state and other states.
Summary of data and analytical methodologies
