Scope Statements
Agriculture, Trade and Consumer Protection
This statement of scope was approved by the governor on February 10, 2014.
Rule No.
Chapters
ATCP 20,
21,
29,
30,
33,
35,
40,
42,
49,
50,
71,
90,
91,
92,
94,
105,
123,
127, and
161 (revise).
Relating to
Seed labeling and sale; plant inspection and pest control, pesticide use and control; pesticide product restrictions; fertilizer and pesticide bulk storage; agricultural chemical cleanup program; fertilizer and related products; commercial feed; farmland preservation; soil and water resource management program; food warehouses and bulk milk distributors; fair packaging and labeling; selling commodities by weight, measure or count; weights and measures; petroleum and other liquid fuel products; sales below cost; electronic communication services; direct marketing; agricultural development and market promotion.
Rule Type
Permanent
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
This proposed rule will make technical changes (Non-substantive or minor substantive changes) to a number of administrative code chapters administered by DATCP. This rule may make the following technical changes to current rules:
• Update technical standards incorporated by reference in current rules (new editions of technical references cited in current rules).
• Correct erroneous and obsolete citations and cross-references.
• Correct typographical errors.
• Make non-substantive organizational and drafting changes.
• Make other minor changes to current rules to incorporate new statutory language.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
93.07 Department duties
(1) Regulations. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of chs.
93 to
100, which regulations shall have the force of law.
(12) Plant pests. To conduct surveys and inspections for the detection and control of pests injurious to plants, make, modify, and enforce reasonable rules needed to prevent the dissemination of pests, declare and manage emergencies relating to the detection and control of pests injurious to plants, provided that such declaration does not supersede the authority of the chief state forester under s.
23.114 or the department of natural resources under s.
26.30, and suggest methods of control.
(24) Enforcement of laws. To enforce chs.
88 and
93 to
100 and all other laws entrusted to its administration, and especially:
(a) To enforce the laws regarding the production, manufacture and sale, offering or exposing for sale or having in possession with intent to sell, of any dairy, food or drug product.
(b) To enforce the laws regarding the adulteration or misbranding of any articles of food, drink, condiment or drug.
(c) To inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article of food, drink, condiment or drug made or offered for sale within this state which it may suspect or have reason to believe to be impure, unhealthful, misbranded, adulterated or counterfeit, or in any way unlawful.
(d) To prosecute or cause to be prosecuted any person engaged in the manufacture or sale, offering or exposing for sale or having in possession with intent to sell, of any adulterated dairy product or of any adulterated, misbranded, counterfeit, or otherwise unlawful article or articles of food, drink, condiment or drug.
94.45 Seed Sales. (6) The department shall promulgate rules that establish and enforce the standards for labeling, distribution, sampling, inspecting, analyzing, testing, examination and sale of agricultural seed and vegetable seed.
97.09 Rules. (4) The department may, by rule, establish and enforce standards governing the production, processing, packaging, labeling, transportation, storage, handling, display, sale, including retail sale, and distribution of foods that are needed to protect the public from the sale of adulterated or misbranded foods.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates that it will use approximately 0.20 FTE staff to develop this rule. That includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings, and communicating with affected persons and groups. The department will use existing staff to develop this rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The proposed technical changes to current rules will not have any impact on persons covered by those rules. There will be no adverse impact on business or local government.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation That is Intended to Address the Activities to be Regulated by the Proposed Rule
Not applicable.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None.
Contact Person
Kelly Monaghan, Legal Assistant, (608) 224-5023.
Natural Resources
Fish, Game, etc., Chs.
1—
(DNR # FH-02-14, FH-03-14(E))
This statement of scope was approved by the governor on February 14, 2014.
Rule No.
Relating to
Modifications in daily bag limit and minimum size limit in response to tribal harvest.
Rule Type
Permanent and Emergency rules.
1. Finding/Nature of Emergency (Emergency Rule Only)
The Department of Natural Resources (Department) finds that an emergency rule is needed to promote the preservation and protection of public peace, health, safety, and welfare in the Ceded Territory of Wisconsin by minimizing regional social and economic disruption known to be associated with reductions in walleye bag limits on off-reservation waters. Pursuant to litigation arising from Lac Courte Oreilles v Voigt,
700 F. 2d 341 (7th Cir. 1983), the six Wisconsin bands of Lake Superior Ojibwe (Chippewa Bands) have the right to take walleye from off-reservation waters using efficient methods such as spearing and netting.
Authority to promulgate an emergency rule under this scope will provide the Department with the flexibility necessary to adjust angler regulations to potentially alleviate and minimize regional social and economic disruption known to be associated with reductions in walleye bag limits on off-reservation waters within the Ceded Territory.
2. Detailed Description of the Objective of the Proposed Rule
The proposed rules would allow emergency and permanent changes for making adjustments to fishing regulations in the Ceded Territory to allow more flexibility in responding to tribal declarations and harvest levels. Currently these regulations are prescribed in ss.
NR 20.18,
20.20,
20.36,
20.37, and
23.055. In particular, the Department may consider comparable alternatives to bag limit adjustments such as size limit or season adjustments.
Additional rule changes may be pursued which are reasonably related to those discussed here.
