Rule-Making Notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
(DATCP # 09-R-20)
The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold a public hearing on revisions to Chapter
ATCP 160 relating to County and District Fairs.
Hearing Information
DATCP will hold the public hearing at the time and location shown below.
Date: Tuesday, July 26, 2011
Time: 1:00 P.M. to 4:00 P.M.
Location: Department of Agriculture, Trade and
Consumer Protection
Board Room (1st Floor)
2811 Agriculture Drive
Madison, WI 53718-6777
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by
July 10, 2011 by writing to Cindy Rein, Division of Agricultural Market Development, P.O. Box 8911, Madison, WI 53708-8911,
cindy.rein@wisconsin.gov or telephone (608) 224-5116. Alternatively, you may contact the DATCP TDD at (608) 224-5058. Handicap access is available at the hearings.
Appearances at the Hearing and Submittal of Written Comments
DATCP invites the public to attend the hearing and comment on the rules. Following the hearing, the hearing record will remain open until Wednesday,
August 10, 2011 for additional written comments. Comments may be sent to the Division of Agricultural Development at the address below, or by email to
linda.merrimanhitchman@wisconsin.gov.
Copies of Proposed Rule
You may obtain free copies of the proposed permanent rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Market Development, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You may also obtain copies by calling (608) 224-5132 or emailing
linda.merrimanhitchman@wisconsin.us. Copies will also be available at the hearing. To view the proposed rule online, go to:
https://health.wisconsin.gov/admrules/public/Home.
Analysis Prepared by Department of Agriculture, Trade and Consumer Protection
The Department of Agriculture, Trade and Consumer Protection (DATCP) provides financial assistance (fair aids) to county and district fairs, pursuant to s.
93.23, Stats. Fair aids are used to fund prizes (premiums) awarded to fair exhibitors. DATCP has adopted rules for the use of fair aids, in consultation with the Wisconsin association of fairs.
This rule updates current rules related to the use of fair aids. Among other things, this rule establishes new and revised entry classes and premium categories, and gives fairs more flexibility to allow new types of youth projects.
Statutes interpreted
Statutory authority
Explanation of Statutory Authority
DATCP has general authority, under section
93.07 (1), Stats., to interpret laws under its jurisdiction.
DATCP has specific authority under 93.23 (1) (a)2., Stats., to adopt rules related to the use of county and district fair aids.
Related rules or statutes
Plain language analysis
Background
DATCP currently provides fair aids to 76 county and district fairs. State aid moneys are used to reimburse fairs for premiums awarded to fair exhibitors. The legislature appropriated $375,500 in general purpose revenue and $20,000 in segregated revenue for fair aids in each year of the FY 2009-11biennium.
Under s.
93.23, Stats., DATCP may reimburse 95% of the first $8,000 in net premiums awarded by a fair, and 70% of all net premiums over $8,000, up to a maximum total reimbursement amount of $10,000. In order to qualify for state aid, fairs must award premiums according to DATCP rules. If combined reimbursement claims from all fairs exceed available appropriations, DATCP reimburses claims on a pro rata basis.
Current rules specify entry classes for county and district fair exhibits. For each entry class, current rules specify uniform premiums for first place to fourth place premium awards. A fair may award higher premiums, but DATCP will pay state aids only on that portion of a premium award that is within the maximum amount specified by rule.
DATCP updates its county and district fair rules periodically, based on recommendations from the Wisconsin association of fairs. Current rules were last updated in 2000.
Rule Overview
This rule does all of the following:
•
Creates new and revised entry classes for some fair exhibits. Changes are designed to keep entry classes current with exhibition trends and needs.
• Revises some current premium amounts. Under current rules and this rule, reimbursable premiums for most exhibits are under $10.00 (higher amounts may be awarded for some exhibits).
• Makes minor organizational and drafting changes to clarify current rules.
Dairy Cattle
This rule does not change current dairy cattle entry classes, except that in the junior fair division it eliminates required distinctions between “grade" and “registered" cattle within certain entry classes. A fair board may establish “grade" and “registered" subclasses within any entry class if it wishes to do so.
Beef Cattle
This rule modifies market beef entry classes in both the open and junior divisions. Under this rule, market beef animals are raised for market and shown by weight. Entry classes are not limited by breed, sex or age, except that this rule includes the following market beef categories based on age:
• “
Feeder calf" (under 17 weeks old). The fair board may create up to 2 “feeder calf" entry classes based on weight.
• “
Market steer or heifer" (at least 17 weeks old). The fair board may create up to 3 “market steer or heifer" entry classes based on weight.
Under this rule, an exhibitor may enter up to 3 market beef animals in all market beef entry classes, and may receive up to 2 premiums in any market beef entry class.
Swine
This rule clarifies, but does not substantially alter, current rule provisions related to market swine entry classes in both the open and junior fair divisions. Under this rule:
•
Market swine are raised for market and shown by weight (entry classes are not limited by breed, sex or age).
•
A fair board may establish up to 3 market swine entry classes, based on weight.
•
An exhibitor may enter up to 3 market swine in all market swine entry classes, and may receive up to 2 premiums in any entry class.
This rule clarifies, but does not substantially alter, the current swine carcass entry class in the junior fair division. This rule clarifies that an exhibitor may enter only one market pig in the swine carcass class, but may enter that same market pig in a market swine class.
Sheep
This rule expands the current sheep department in the open division to include a dairy sheep entry category (that category already exists in the junior fair division). The fair board may create one or more entry classes within the new “dairy sheep" category. This rule specifies premiums for the new category.
This rule clarifies, but does not substantially alter, current rule provisions related to market lamb entry classes in both the open and junior fair divisions. Under this rule:
•
Market lambs are raised for market and shown by weight (entry classes are not limited by breed, sex or age).
•
A fair board may establish up to 3 market lamb entry classes, based on weight.
•
A single exhibitor may enter up to 3 market lambs in all market lamb entry classes, and may receive up to 2 premiums in any entry class.
This rule clarifies shearing standards for sheep exhibited in both the open and junior fair divisions (different standards apply to fleece, meat and other breeds).
Goats
In both the open and junior fair divisions, this rule expands the current dairy goats department to create a more general goats department. Within the goats department, this rule creates dairy goat, meat goat and
other goat entry categories. Within each entry category, this rule specifies allowed entry classes and premiums (this rule clarifies but does not change the current dairy goat entry classes and premiums). This rule eliminates goat department entry classes for pygmy and angora goats (pygmy and angora goats may instead be exhibited as “domesticated exotic animals").
Llamas, Alpacas and Domesticated Exotic Animals
This rule re-names the domesticated exotic animals department as the llamas, alpacas and domesticated exotic animals department, to put more emphasis on llamas and alpacas (which are widely shown at fairs). Under this rule, the exhibitor of a llama or alpaca may win premiums for both exhibitor showmanship and animal performance.
Self-Determined Projects
