This rule modifies Wisconsin's agricultural and vegetable seed rule. Among other things, this rule:
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Establishes new rules related to seed labeling;
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Modifies current rules related to standards of germination, analysis, sampling, inspection, and examination;
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Establishes new rules related to native seeds;
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Incorporates the fees for seed labeler licenses contained in s.
94.43, Stats.
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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
3:00 - 5:00 PM and 6:00 - 8:00 PM
Prairie du Sac Town Hall
S9903 Highway 12
Prairie du Sac, WI 53578
Wednesday, October 27, 2010
3:00 - 5:00 PM and 6:00 - 8:00 PM
Angie W. Cox Public Library
119 N. Main Street
Pardeeville, WI 53954
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by October 16, 2010 by writing to Claire Fried, Division of Agricultural Resource Management, P.O. Box 8911, Madison, WI 53708-8911,
Claire.Fried@wi.gov, telephone (608) 224-4523. Alternatively, you may contact the DATCP TDD at (608) 224-5058. Handicap access is available at the hearings.
Submittal of Written Comments
DATCP invites the public to attend the hearings and comment on the rules. Following the hearings, the hearing record will remain open until
November 12, 2010 for additional written comments. Comments may be sent to the Division of Agricultural Resource Management at the address below, by email to
Rick.Graham@wi.gov or online at
https://health.wisconsin.gov/admrules/public/Home.
To provide comments or concerns relating to small business, you may also contact DATCP's small business regulatory coordinator Keeley Moll at the address above, or by emailing to
Keeley.Moll@wi.gov or by telephone at (608) 224-5039.
Copies of Proposed Rule
You may obtain free copies of the proposed rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Resource Management, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You may also obtain copies by calling (608) 224-4502 or emailing
Rick.Graham@wi.gov or you can view online at
https://health.wisconsin.gov.admrules/ public/Home. Copies will also be available at the hearing.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
In order to protect Wisconsin groundwater, the Department of Agriculture, Trade and Consumer Protection (“DATCP") administers rules that limit atrazine herbicide application rates throughout the state, and prohibit atrazine applications in areas where groundwater contamination levels attain or exceed state enforcement standards adopted by the Department of Natural Resources (DNR"). Based on new groundwater test data, this rule will add one new atrazine prohibition area in Sauk County, and expand and join two current atrazine prohibition areas in Columbia County.
Statutes interpreted
Statutory authority
Explanation of agency authority
DATCP has broad authority, under s.
93.07 (1), Stats., to adopt rules to implement programs under its jurisdiction. DATCP has authority to adopt pesticide rules under s.
94.69 (1), Stats. Under ss.
160.19 (2) and
160.21 (1), Stats., DATCP must regulate pesticide use, as necessary, to prevent groundwater contamination and restore groundwater quality.
Related rules or statutes
Under the state groundwater law, ch.
160, Stats., DATCP must regulate pesticide use as necessary to prevent groundwater contamination and restore groundwater quality. DATCP has adopted general rules for its groundwater protection program under ch.
ATCP 31, Wis. Adm. Code. DNR has adopted groundwater enforcement standards and preventive action limits for atrazine and its metabolites under ch.
NR 140, Wis. Adm. Code.
This rule is consistent with the state groundwater law (ch.
160, Stats.) and DATCP's general groundwater protection rules (ch.
ATCP 31, Wis. Adm. Code), and is designed to attain compliance with the groundwater enforcement standards and preventive action limits specified by DNR rules (ch.
NR 140, Wis. Adm. Code).
Background
Atrazine is a widely used agricultural herbicide that has been found in groundwater throughout the state. Current DATCP rules under ch.
ATCP 30, Wis. Adm. Code, limit atrazine application rates throughout the state to
½ the current federal label rate. The current rules also
prohibit the use of atrazine where atrazine contamination of groundwater has attained or exceeded the state groundwater enforcement standard under ch.
NR 140, Wis. Adm. Code. Current rules prohibit atrazine use in 101 designated areas, including major prohibition areas in the lower Wisconsin River Valley and much of Dane and Columbia counties.
Rule content
Based on new groundwater sampling data, this rule creates one new atrazine prohibition area in Sauk County and expands and joins two existing atrazine prohibition areas in Columbia County. The total statewide acreage of atrazine prohibition areas will increase by approximately 8,640 acres. By creating one new atrazine prohibition area in Sauk County and expanding and joining two existing atrazine prohibition areas in Columbia County, there will be no change to the total number of atrazine prohibition areas in Wisconsin, which remains at 101.
Within every prohibition area, atrazine applications are prohibited. Atrazine mixing and loading operations are also prohibited unless conducted over a spill containment surface that complies with s.
ATCP 29.45, Wis. Adm. Code.
Comparison with federal regulations
Pesticides and pesticide labels must be registered with the federal Environmental Protection Agency (“EPA"). Persons may not use pesticides in a manner inconsistent with the federal label.
The maximum atrazine application rate in Wisconsin is ½
of the maximum federal rate. However, the current federally-registered atrazine label suggests that atrazine should not be used on permeable soils with groundwater near the soil surface. Wisconsin has clearer, more definite restrictions on atrazine use, based on actual findings of groundwater contamination in this state.
The EPA recently announced that it will conduct a new evaluation of atrazine to assess any possible links between atrazine and cancer, as well as other health problems, such as premature births. The EPA may determine that new restrictions for the product are necessary, which will be reflected on product use labels. These rule changes are not anticipated to be affected by EPA's review and any subsequent actions.
Comparison with rules in adjacent states
Wisconsin atrazine regulations are stronger than those in adjacent states:
Iowa:
Iowa restricts atrazine application rates to 1/2 the federal label rate in 23 counties (7 with county-wide restrictions and 16 with restrictions in some townships).
Minnesota:
Minnesota has a program of voluntary use limitations when surface water or groundwater contamination exceeds a level of concern. This program suggests pesticide use restrictions or “best management practices" will reduce surface water or groundwater contamination.
Illinois and Michigan:
Illinois and Michigan have no atrazine regulations.
Summary of data and analytical methodologies
This rule is based on groundwater sample results for atrazine and atrazine metabolites obtained from the affected areas during the past year. Groundwater samples contained atrazine contamination in excess of 3.0 ug/L (the state enforcement standard established by DNR groundwater rules under ch.
NR 140, Wis. Adm. Code).
Preliminary contamination findings for the atrazine prohibition expansions were based on groundwater samples analyzed by the University of Wisconsin – Stevens Point. DATCP confirmed the existence of groundwater contamination, in excess of the state enforcement standard, based on DATCP analysis of groundwater samples collected by DATCP. DATCP collected and analyzed the samples using official collection and analytical methods.
Environmental Impact
This rule will not have any adverse environmental impacts, and will help to protect and restore groundwater quality in Sauk and Columbia counties. This rule is consistent with the state groundwater law, and with the overall protocol for atrazine regulations that has been in effect since 1991.
Small Business Impact
This rule will affect between 20 to 30 farmers in the new and expanded prohibition areas who currently use atrazine to control weeds in corn. Those farmers, who are “small businesses," will no longer be able to use atrazine. However, other effective weed control products are available, so the rule will not have a significant effect on the affected farmers. This rule may also have a slight effect on distributors and applicators of atrazine herbicides, crop consultants and equipment dealers, but the effect will not be significant.
This rule will not have a significant adverse impact on small business, and is not subject to the delayed small business effective date provided in s.
227.22(2)(e), Stats.
Small business regulatory coordinator
Keeley Moll
Wisconsin DATCP
Division of Agricultural Resource Management,
