° Dairy sanitation.
Comparison with federal regulations
The United States food and drug administration has adopted food safety and labeling standards for butter, including a butter “standard of identity" (a product such as margarine may not be sold as “butter"). The United States department of agriculture has also adopted grading standards for butter. Neither FDA nor USDA licenses buttermakers.
This rule is not affected by current federal rules. However, buttermakers licensed under this rule must be aware of the relevant federal rules.
Comparison with rules in adjacent states
Buttermakers are not required to hold an individual professional license any of the surrounding states (dairy plant operators must be licensed, as in Wisconsin).
Summary of data and analytical methodologies
This rule does not rely on any special data or analytical methodologies.
Small Business Impact
This rule will have a positive impact on the Wisconsin dairy industry, including Wisconsin's butter industry. The rule and will promote the development and diversification of the dairy industry, and will not have any negative impact on business. The rule will:
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Provide more options for individuals who wish to be licensed as buttermakers.
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Help relieve a current acute shortage of licensed buttermakers, which is putting the state's butter industry at risk.
•
Allow more people to enter the industry as licensed buttermakers, including makers of artisan and farmstead butter.
•
Help ensure the safety and quality of Wisconsin butter, by ensuring that buttermakers are adequately trained and qualified.
•
Make it easier for licensed cheesemakers to obtain a buttermaker license. That may give them more job flexibility, and provide more opportunities for value-added dairy enterprise.
This rule does not increase license fees, add new recordkeeping requirements, or require businesses to pay for additional professional services. Small businesses will benefit from this rule, and will not be adversely affected in any way. A complete business impact analysis is attached.
Fiscal Estimate
This rule will have no significant fiscal impact on Wisconsin state or local government. This rule does not increase buttermaker license fees. This rule may increase the number of buttermaker licenses, but the increase is not expected to have a significant impact on DATCP license revenues or administrative costs. DATCP expects to absorb any increased costs with current budget and staff. A complete fiscal estimate is attached.
Agency Contact Person
Questions or comments related to this rule may be sent to the following address:
Dept. of Agriculture, Trade and Consumer Protection
Trade and Consumer Protection Division — Food Safety
P.O. Box 8911
Madison, WI 53708-8911
Attn: Debra Mazanec
Phone: (608) 224-4712
Notice of Hearing
Agriculture, Trade and Consumer Protection
(Reprinted from 9/15/10 Register)
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold a public hearing on its proposed rule, Chapter
ATCP 20, Wis. Adm. Code, relating to agricultural and vegetable seed. DATCP will hold one public hearing at the time and place shown below.
Hearing Information
Wednesday, October 13, 2010
9:00 a.m. - 11:00 a.m.
Dept. of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive, Board Room (CR-106)
Madison, Wisconsin, 53718-6777
Hearing impaired persons may request an interpreter for this hearing. Please make reservations for a hearing interpreter by October 8, 2010, by writing to Deb Bollig, Division of Agricultural Resource Management, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4584. Alternatively, you may contact the DATCP TDD at (608) 224-5058. The hearing facility is handicap accessible.
Submittal of Written Comments
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
October 27, 2010 for additional written comments. Comments may be sent to Greg Helmbrecht, Division of Agricultural Resource Management at the address above, by email at
greg.helmbrecht@wisconsin.gov or online at
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.
Copies of Proposed Rule
You may obtain a free copy of this proposed rule by contacting the Dept. of Agriculture, Trade and Consumer Protection, Division of Agricultural Resource Management, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-4596 or emailing
greg.helmbrecht@wisconsin.gov. Copies will also be available at the hearing. To view the proposed rule online, go to:
http://AdminRules.Wisconsin.gov/.
Analysis Prepared by Dept. of Agriculture, Trade and Consumer Protection
Prior to the adoption of
2009 Wis. Act 28, Wisconsin had detailed statutes (See ss.
94.38 through
94.46, Wis. Stats.) that prescribed standards for seed germination and seed labeling. As part of
2009 Wis. Act 28, the Legislature amended the statutes that govern the regulation of seed. The changes adopted as part of
2009 Wis. Act 28 repealed those germination and labeling standards effective January 1, 2011 and gave the Department of Agriculture, Trade and Consumer Protection (DATCP) authority to establish standards for germination, labeling, distribution and sale of agricultural seed and vegetable seed by rule. This rule establishes new rules related to seed labeling and modifies current rules related to standards of germination, analysis, testing, sampling, inspection and examination. The rule also establishes new standards for native seeds. DATCP administers the seed program.
Statutes interpreted
Statutory authority
Explanation of agency authority
DATCP has general authority, under s.
93.07 (1), Stats., to interpret laws under its jurisdiction. DATCP has authority, under s.
94.45 (6), Stats., to promulgate rules to prescribe standards for the labeling, distribution, and sale of agricultural seed and vegetable seed, to govern methods of sampling, inspecting, analyzing, testing, and examining agricultural seed and vegetable seed, to prescribe tolerances for purity and rate of germination of agricultural seed and vegetable seed, to prescribe tolerances for the occurrence of noxious weed seeds in agricultural seed and vegetable seed, to identify noxious weeds and prohibited noxious weeds, to govern the issuance of seed labeler licenses and to govern the administration and enforcement of ss.
94.38 to
94.46, Stats. DATCP has authority, under s.
100.20 (2), Stats., to regulate business practices and methods of competition.
Related rules or statutes
This rule is consistent with DNR rules under ch.
NR 40, Wis. Adm. Code, for classification and control of invasive species.
Rule content
This rule modifies Wisconsin's agricultural and vegetable seed rule. Among other things, this rule:
•
Establishes new rules related to seed labeling;
•
Modifies current rules related to standards of germination, analysis, sampling, inspection, and examination;
•
Establishes new rules related to native seeds;
•
Incorporates the fees for seed labeler licenses contained in s.
94.43, Stats.
•
Makes other minor changes to update, clarify and correct current agricultural and vegetable seed rules.
The standards used for label contents, germination, weed seed and other tolerances as well as the definitions applicable to those standards that were included in the statute have changed substantially since the adoption of the seed law statutes. The primary effect of the rule is to update those standards and definitions to make them consistent with current practice throughout the U. S. and with the standards maintained by the Association of Official Seed Analysts. The standards proposed in this rule, like the statutes that exist through December 31, 2010 have the purpose of maintaining a fair marketplace for purchasers of agricultural seed and vegetable seed labeled, distributed, and sold in Wisconsin.
Comparison with federal regulations
The USDA-Agricultural marketing Service, Seed Regulatory and Testing Branch uses the published Association of Official Seed Analyst (AOSA) standards included in this rule for its regulatory work. The same seed rules are also used internationally and are published by the International Seed Trade Association.
Comparison with rules in adjacent states
Surrounding states have adopted the same AOSA published agricultural seed and vegetable seed standards as are included in this rule. The AOSA standards have been adopted by most states as the rules for testing seeds in their respective states. The AOSA's standards were developed to promote uniformity and accuracy in seed testing methods.
Data and analytical methodologies
DATCP consulted DNR, UWEX and the Association of Seed Analysts and worked with an advisory body made up of representatives of the Wisconsin seed industry and seed consumers in Wisconsin to develop the standards in the rule.
Environmental Impact
This rule will prohibit and restrict certain noxious weed seeds, some of which were previously prohibited or restricted under statute. The addition of new prohibited and restricted weed seeds may have a minor positive impact on the environment. The majority of the rule provisions have no environmental impact.
Small Business Impact
This rule updates current rules related to agricultural seeds and vegetable seeds. The primary purpose of this rule is to ensure a fair marketplace by establishing germination, labeling, examination, sampling, inspecting, and analysis standards that agricultural seeds and vegetable seeds sold in Wisconsin must meet. This rule establishes and updates these standards. The rule also establishes new standards for native seeds, a growing category of seeds not previously subject to regulation. Standards contained in the applicable statutes will be repealed as of January 1, 2011 and will be established in this rule. This rule also clarifies current seed rules, to facilitate understanding and compliance.
This rule will not have a significant impact on small businesses. This rule is expected to positively affect businesses by ensuring the all agricultural seed and vegetable seed producers, labelers, distributors, and wholesalers are using uniform standards for germination, labeling, analysis, testing, sampling, inspection and examination. The standards will ensure a fair agricultural seed and vegetable seed marketplace for businesses and consumers.
Fiscal Estimate
The proposed rule will have no fiscal impact on state or local government. Seed labeler license fees included in the proposed rule have already been created by statute. (See s.
94.43, Stats.)
Agency Contact Person
Questions and comments related to this rule may be directed to:
Greg Helmbrecht
Dept. of Agriculture, Trade and Consumer Protection
P.O. Box 8911 , Madison, WI 53708-8911
Phone: (608) 224-4596
Notice of Hearing
Agriculture, Trade and Consumer Protection
The Wisconsin Department of Agriculture, Trade and Consumer Protection (“DATCP") announces that it will hold two public hearings on rules affecting Chapter
ATCP 30 creating a new atrazine prohibition area adjacent to the Lower Wisconsin River Valley in Sauk County, and expanding and joining two current atrazine prohibition areas north of Pardeeville in Columbia County.
Hearing Information
DATCP will hold the public hearings at the times and locations shown below.
Tuesday, October 26, 2010
