Rule-Making Notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
(DATCP DOCKET # 11-R-07)
NOTICE IS HEREBY GIVEN THAT the state of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a on a proposed rule revising Chatper ATCP 17, related to livestock premises registration.
Hearing Information
DATCP will hold two public hearings at the times and places shown below.
Date: Tuesday, May 1, 2012
Time: 6:00 p.m. – 7:00 p.m.
Location: Mid-State Technical College
Marshfield Campus
Multipurpose Room 126
2600 West Fifth Street
Marshfield, WI 54449
Date: Wednesday, May 2, 2012
Time: 5:00 p.m. - 6:00 p.m.
Location: Department of Agriculture, Trade and
Consumer Protection
First Floor Boardroom – Room 106
2811 Agriculture Dr.
Madison, WI 53718
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by April 15, 2012, by writing to Dr. Paul McGraw, Division of Animal Health, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4884. Alternatively, you may contact the DATCP TDD at (608) 224-5058. Handicap access is available at the hearings.
Copies of Rules and Submitting Comments
DATCP invites the public to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until Wednesday,
May 16, 2012, for additional written comments. Comments may be sent to the Division of Animal Health at the address below, by email to
DATCPHearingCommentsAH@wisconsin.gov or online at
http://AdminRules.Wisconsin.gov/.
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Animal Health, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-4884 or emailing
paul.mcgraw@wisconsin.gov. Copies will also be available at the hearings. To view the proposed rule online, go to
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.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
DATCP administers Wisconsin's animal health and disease control programs. Under current livestock premises registration law, a person who keeps livestock at a location in this state is required to register that location with DATCP.
Livestock premises registration periods are currently staggered so that some premises registrations end on December 31 of every year. This rule will end the staggering of registrations so that
all premises registrations simultaneously end during the same three-year period as a cost savings measure. It will also end all registrations on July 31 instead of December 31 to ensure that the department can hire sufficient temporary staff to handle the increase in workload once every three years. The rule also will provide a religious exemption for certain individuals with sincerely held religious beliefs against certain requirements of livestock premises registration requirements under s.
95.51 (2), Stats., and Ch.
ATCP 17, Wis. Adm. Code. This rule will not increase costs for livestock operators.
Statutes Interpreted
Statutory Authority
Explanation of Agency Authority
DATCP has broad general authority to adopt rules interpreting statutes under its jurisdiction (
see s.
93.07 (1), Stats.). DATCP is specifically authorized to adopt rules to protect the health of animals in this state, and to prevent, control and eradicate communicable diseases among animals. Under s.
95.51 (3m), Stats., DATCP has express authority to promulgate rules specifying exemptions to the livestock premises registration requirements in s.
95.51 (2), Stats. Also, under s.
95.51 (7), Stats., DATCP is authorized to promulgate rules for the administration of livestock premises registration law in s.
95.51, Stats.
Related Statutes or Rules
Animal health laws administered by DATCP are found primarily in Ch.
95, Stats. Animal health administrative rules are found primarily in Chs.
ATCP 1 to
17, Wis. Adm. Code.
Plain Language Analysis
Under current livestock premises registration law, s.
95.51, Stats., a person keeping livestock in this state must register each location where those livestock are kept. “Livestock" includes bovine animals, equine animals, goats, poultry, sheep, swine other than wild hogs, farm-raised deer, captive game birds, camelids, ratites and fish.
Under current DATCP rules, a person's livestock premises registration expires every three years on December 31. This rule changes the expiration date for all registrants to every third July 31 after July 31, 2013. This will expedite the renewal process by only having to go through the cost of processing renewals every three years, during a time of year when temporary employees should be available.
Current rules do not provide for any exemptions to registering a livestock premises. This rule creates a limited exemption for those individuals who are members of recognized religious groups that have a sincerely held religious belief opposing certain existing livestock premises requirements. Among other things, an individual must submit an affidavit indicating that the individual is a member of an established religion with a sincerely held religious belief opposing livestock premises registration as mandated by s.
95.51, Stats. In order to protect animal health and the security of the food chain, the individual seeking a religious exemption must provide required information that would assist the department in locating livestock.
Federal and Surrounding State Programs
Most animal health regulations are adopted and administered at the state level. However, the United States Department of Agriculture (USDA) administers federal regulations related to the interstate movement of animals, particularly with respect to certain major diseases. States regulate intrastate movement and imports into the state. States certify the disease status of certain herds, at the request of herd owners, to facilitate interstate movement of animals from those herds. States also license and regulate entities such as animal markets, animal dealers and animal truckers (regulations vary by state). Wisconsin's livestock premises registration program is a leading program in the nation and has provided a model for proposed federal programs.
State regulation of interstate animal movement is generally consistent with federal standards. However, states may impose additional import requirements if those requirements are reasonably designed to prevent the spread of disease. Wisconsin's current rules related to livestock premises registration are consistent with the federal system for registering livestock premises, although the federal program is voluntary. Premises registration is the foundation of the federal traceability law, which is scheduled to go into effect in 2012. This federal law has minimal requirements for interstate movement of livestock.
Surrounding state animal health programs are generally comparable to those in Wisconsin. However, disease regulations and control programs may reflect differences in animal populations, animal-based industries, and disease threats in the different states.
• Minnesota has mandatory livestock premises registration for farm-raised cervids and voluntary livestock premises registration for all other livestock. Any keeper of livestock can register. Information is updated if the producer provides the information.
• Iowa has voluntary livestock premises registration.
• Michigan has mandatory livestock premises registration for cattle. Cervids and aquaculture are required to be licensed by the Michigan Department of Natural Resources, and this includes a premises registration. All other livestock may be registered voluntarily. There is no specific renewal requirement for premises registration.
• Illinois has voluntary livestock premises registration. There is no renewal of premises registration.
• Indiana has mandatory livestock premises registration for cattle, sheep, goats, swine, bison and farmed cervids. Horses, aquaculture and poultry may register voluntarily. Renewal of premises registration is voluntary.
Summary of Factual Data and Analytical Methodologies
DATCP is relying on information obtained from certain religious communities, as well as staff expertise on animal disease control, to create a limited exemption to the livestock premises registration program. DATCP is extrapolating from costs of existing DATCP license and registration programs to determine a method of cost savings in the administration of the livestock premises registration program.
Analysis and Supporting Documents Used to Determine Effect on Small Business or in Preparation of Economic Impact Analysis
No specific documents were used.
Effect on Small Business
This rule will have a positive effect on the expansion of small businesses. Those individuals who may have religious objections to the premises registration requirement can obtain an exemption to registration under this rule and be eligible for business licensure for which premises registration is a prerequisite, e.g., deer farms or animal market operations.
This change of the due date to register premises from December 31 to July 31 and the elimination of staggering the due dates will have no negative impact on businesses because there is no fee to register, regardless of the date the registration is due. (See attached Business Impact Analysis).
Fiscal and Economic Impact Analysis
See the attached Fiscal Estimate and Economic Impact Analysis.
DATCP Contact
Questions and hearing comments related to this rule may be directed to:
Paul J. McGraw, DVM
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911, Madison, WI 53708-8911
