$100,000-$200,000 150 $100,000-$200,000 200 150
$200,000-$500,000 200 $200,000-$500,000 350 250
$500,000-$2,000,000 300 $500,000-$2,000,000 600 450
Over $2,000,000 400 Over $2,000,000 1,200 900
Requirements for Nursery Growers and Dealers. Licensing fees and requirements would be changed, including the annual license expiration, which would move from March 31 to February 20. Include bulbs in the definition of nursery stock. Clarify that license fees would be based on sales in the applicants' prior fiscal year. The applicant would determine the fiscal year and would base first-year fees of a new operation on predicted sales. Clarify that grower and dealer records must include the type and quantity of nursery stock shipped to other nursery growers and dealers, along with the address of the recipient. Specify that all required records be retained for at least three years.
Dealer Requirements. Specify that a dealer license is nontransferable and clarify that the applicant's name and address and the address of each of their selling locations must appear on the license application. Also, require dealers to notify DATCP of the address of any new selling location, prior to beginning such sales. Further, clarify that records must include the type and quantity of nursery stock received along with the address of the shipper. As drafted, the bill expands the definition of a nursery dealer to include all people selling for a dealer. Under current law, employes of a dealer are specifically excluded in the definition and therefore, do not have to pay a license fee. Administration officials indicate this change was not intended.
Grower Requirements. Clarify that the applicant's name and address and the address of each of their operating and selling locations must appear on the application. Also, require growers to write to DATCP the address of any new operating and selling locations prior to beginning operation. Remove the requirement that growers keep records of all nursery stock shipments received.
Labeling Requirements. Require nursery growers and nursery dealers, rather than the carrier, to report nursery stock shipments that are not fully labeled to DATCP. Under current law, it is unlawful for growers and dealers to accept uncertified shipments, but the carrier is required to report and hold uncertified shipments. As drafted, the bill would prohibit shipping improperly labeled nursery stock only to nursery dealers (not growers) and prohibit nursery dealers from accepting improperly labeled nursery stock. Administration officials indicate the Governor intended to prohibit shipping improperly labeled nursery stock to both nursery dealers and growers and to prohibit both nursery dealers and growers from accepting improperly labeled nursery stock (as under current law). The bill would repeal the current law exemption from labeling of nursery stock sold and delivered at a place of business where the license certificate is posted.
Department Powers. Allow, rather than require, DATCP to inspect nursery and distribution sites. Allow the Department to order a grower or dealer to refrain from importing certain weeds or pests. Allow DATCP to order a grower or dealer to destroy or recall nursery stock. Require DATCP to hold an informal hearing, rather than a public hearing of a contested case, within 10 days, unless the person requesting the hearing consents to a later date. If a disputed matter is not resolved at the informal hearing, the grower or dealer may demand a contested case hearing.
[Bill Sections: 187 thru 189, 1932, 1934 and 9204(1)]
13. AGRICULTURAL RESOURCE MANAGEMENT GIFTS
Governor: Allow DATCP to enter into cooperative agreements with corporations, associations, foundations and individuals to carry out plant protection activities. Create a continuing PR appropriation to accept gifts, grants and bequests for agricultural resource management to be used for the purposes specified. Under current law, gifts and grants are deposited into a similar, central administrative services appropriation. No estimate of revenues is made.
[Bill Sections: 186, 190 and 1930]
14. WEIGHTS AND MEASURES PROGRAM
PR-REV $286,000
Governor: Establish new fertilizer and feed tonnage fees of 2¢ per ton (with a minimum fee of $1) that would generate approximately $86,000 annually. These fees reflect a corresponding reduction in fertilizer and feed tonnage fees currently deposited to the agrichemical management fund.
Increase the vehicle scale operator annual license fee from $30 to $60. The fee change would generate approximately $57,000 annually. The Department would continue to have authority to establish a different fee by rule. 1997 Act 27 increased the fees from $30 to $60 for the 1997-99 biennium only.
Allow municipalities with populations over 5,000 to contract with DATCP to enforce weights and measures provisions. Allow (rather than require under current law) the Department to charge a municipality to cover the cost of the contract. Further, require that population estimates be based on the most recent estimates made by the Department of Administration rather than federal census data. Current law requires municipalities having a population of more than 5,000 to enforce weights and measures provisions, unless DATCP chooses to contract to do the enforcing.
As drafted, the bill would require DATCP to contract with municipalities at their request. Under current law, the Department enters into contracts with municipalities at DATCP's discretion. Administration officials indicate the Governor did not intend to make this change.
[Bill Sections: 176, 1938, 1939, 1945, 1951 thru 1953 and 9304(1)]
15. WEIGHTS AND MEASURES FUNDING
Funding Positions
PR - $187,800 - 3.50
SEG 187,800 3.50
Total $0 0.00
Governor: Transfer 3.5 positions and $93,900 annually from PR to petroleum inspection fund SEG to align funding sources with staff inspection activities. Additionally, transfer 2.0 positions and $192,300 annually from recycling fund SEG to petroleum inspection fund SEG. Petroleum inspection fund revenues come from a 3¢ per gallon fee on all petroleum products entering the state. The state recycling surcharge, which provides revenue for the recycling fund, is scheduled to expire in April, 1999.
16. LIQUID PETROLEUM GAS METER LICENSE
PR-REV $27,400
Governor: Require an annual license for persons who operate a meter to measure liquefied petroleum gas (LPG) for sale or delivery. A license fee of $25 per meter would be charged, unless DATCP establishes a different fee by administrative rule. The license would expire on July 31 of each year. A surcharge of $200 for operating a meter without a license would also apply. Estimate program revenues for weights and measures inspection at $13,700 annually. The bill would repeal a $25 one-time registration fee (created in the 1997-99 budget) for each new meter.
The meter operator (rather than the owner under current law) would be required to have the meter annually tested by a DATCP licensed tester, who must test the meter for accuracy as specified in DATCP rule. The meter tester would also be required to report the results in writing to DATCP within 15 days (rather than 30 days under current law) of the meter inspection, or be subject to a fee of up to $100 and possible license revocation or suspension. Require the Department to issue a written notice to a meter operator (rather than the owner) who fails to annually test a meter and requires the operator to have the meter tested within 30 days of notification or be subject to a fee of up to $100 per untested meter and possible license revocation or suspension.
[Bill Sections: 1954 thru 1959]
17. GRAIN, FRUIT AND VEGETABLE INSPECTION TRANSFER
Governor: Transfer $8,371,400 PR annually with 77.10 staff from the Marketing Services Division to the Trade and Consumer Protection Division to realign grain inspection and fruit and vegetable inspection funding with the division where such inspections now occur. Funding of $5,590,000 and 52.05 positions would be reallocated for grain inspection and certification and $2,781,400 and 25.05 positions for fruit and vegetable inspection.
Separate fruit and vegetable inspection into a new, continuing (rather than annual currently) appropriation in the Division of Trade and Consumer Protection. Fruit and vegetable inspection revenue would come from currently assessed fees for registration of produce procurement contracts and for inspection of farm products for the purpose of standardization, grading or certification.
Deposit current contractor (one who buys vegetables from a producer or who contracts with a producer to grow vegetables) fees of 1¢ per $100 in total paid and unpaid contractual obligations to producers to an appropriation which regulates vegetable procurement and dairy trade practices. Currently these fees are appropriated to the marketing services appropriation from which the bill transfers revenues to the fruit and vegetable inspection account. DATCP received $13,000 PR from this fee in 1997-98.
As drafted, the bill would require all fees of 1¢ per $100 in contractual obligations be deposited to the dairy and vegetable security and trade practices appropriation, but, due to a technical error, also to the fruit and vegetable inspection appropriation.
[Bill Sections: 173 thru 175, 180 and 181]
18. LIVESTOCK AND AQUACULTURE INSPECTION
Funding Positions
GPR - $195,800 - 2.00
PR 167,600 0.00
Total - $28,200 - 2.00
Governor: Delete 2.0 GPR positions and $97,900 GPR each year for a fish farm microbiologist and a health inspector position that were frozen by the Governor from the 1997-99 budget adjustment act.
Further, provide $83,800 PR annually in expenditure authority for field staff travel, increased license printing and new equipment purchases for livestock and aquaculture inspection, testing and enforcement activities. Revenues are collected from livestock market, dealer and trucker licenses, livestock vehicle registrations, livestock health certificates and deer and fish farm registrations.
19. DOG LICENSES AND RABIES CONTROL
PR-REV $3,000
Governor: Allow the Department to train local rabies control administrators and to charge a fee to cover training costs. Fees would be credited to an existing appropriation for dog licenses, rabies control, humane activities and related services. Program revenue is estimated at $1,500 annually. Specify that fees collected for humane officer training and certification under 1997 Act 192 be deposited to this appropriation.
[Bill Sections: 178, 179, 1946 and 9404(2)]
20. CONSUMER PROTECTION ASSESSMENT
PR-REV $150,000
PR $150,000
Governor: Provide $75,000 annually and create an appropriation for consumer protection information and education. Revenue would come from a new 15% surcharge on all fines and forfeitures for violations relating to consumer protection that occur beginning on the effective date of the bill. Fines and forfeitures related to weights and measures violations and marketing and trade practices would include the assessment. Examples of weights and measures fines and forfeitures assessed would be on one who obstructs an inspector, uses an incorrect weight or measure in sales, falsely advertises a quantity or price of any good or service, falsely tests milk for butterfat content or generally violates any provision under the weights and measures statutes (Chapter 98) or corresponding administrative rules. Examples of marketing and trade practice fines include false advertising, business to business violations, dairy industry violations, unfair trading methods, contracting infractions and plastic container labeling infractions, as well as any provision under the marketing and trade practice statutes (Chapter 100) or corresponding administrative rules. The 15% assessment would also apply to local ordinances enacted under the marketing and trade practice and weights and measures statutes and corresponding administrative rules. The 15% would be based on the total amount of fines and forfeitures imposed in any court, and if collected by a local court, it would be forwarded to the county treasurer and paid to the state in the same method as similar forfeitures.
[Bill Sections: 177, 1576, 1577, 1609 thru 1616, 1960, 3066 thru 3072, 3074 thru 3080, 3082, 3084, 3085, 3094, 3095, 3098, 3203 thru 3205 and 9304(2)]
21. TRADE AND CONSUMER PROTECTION POSITIONS
Funding Positions
PR $34,200 0.20
SEG - 34,200 - 0.20
Total $0 0.00
Governor: Transfer 0.2 position and $17,100 annually from recycling SEG to PR and make other adjustments to realign trade and consumer protection staff. The positions and funding affected would be as follows:
Appropriation Positions Annual Funding
Grain inspection and certification 0.35 $34,200
Warehouse keeper and grain dealer regulation 0.19 6,500
Vegetable procurement and dairy trade regulation -0.39 -23,700
Weights and measures inspection 0.35 25,800
Ozone-depleting refrigerants and products regulation -0.3 -25,700
Recycling products regulation (SEG) -0.2 -17,100
TOTAL 0.00 $0
22. GINSENG FEES
Governor: Specify that ginseng dealer and grower annual registration fees and fees collected by DATCP to cover costs related to providing mandatory shipment certificates and report forms be deposited into an existing agricultural resource management appropriation used to publish informational materials. Although current law does not specify where the revenue is to be deposited, it has been deposited to this appropriation. In 1997-98, DATCP received $550 in ginseng related fees.
[Bill Sections: 185, 1935 and 1936]
23. MEAT PROCESSING
Governor: Require state licensed animal, poultry and carcass slaughter and processing facilities to comply with the standards that federally licensed facilities must meet, unless specified otherwise by DATCP rule. These standards generally deal with facilities for inspection, sanitation, ante-mortem inspection, post-mortem inspection, disposal of diseased or otherwise adulterated carcasses and parts, humane slaughtering, handling and disposal of condemned or other inedible products, rendering or other disposal of carcasses and parts passed for cooking, labeling, marking devices and containers, entry into official establishments, definitions and standards of identity or composition, sanitation, hazard analysis and critical control point systems and parts of poultry products inspection regulations. Under current law, the Department is required to issue various administrative rules for animal, poultry and carcass slaughter and processing facilities. The bill would allow, rather than require DATCP to issue any of those rules. These changes would take effect on January 1, 2000.
Allow DATCP to promulgate a retail food regulation or DHFS to promulgate a restaurant rule based on the model food code of the federal Food and Drug Administration under that format rather than according to the current statutory format.
[Bill Sections: 1949, 1950, 2356 and 9404(4)]
24. HAZARDOUS FOODS
Governor: Expand the definition of "potentially hazardous food" under food regulations of retail food establishments to clarify that it includes any food that requires temperature control because it is capable of supporting growth and toxin production of Clostridium botulinum (a bacteria commonly found in soil which causes the paralytic illness, botulism) or the growth of Salmonella enteritidis in raw shell eggs. DATCP currently considers these items to be potentially hazardous foods. Retail food establishment license fees depend on whether or not the establishment sells potentially hazardous food. The change would take effect on January 1, 2001.
[Bill Sections: 1947 and 9404(5)]
25. MERCURY THERMOMETERS
Governor: Ban any fever thermometer containing elemental mercury from being sold or distributed in the state. The ban would begin on the first day of the 13th month after publication of the bill.
