Paratuberculosis (Johne's Disease)
Paratuberculosis (Johne's disease) is an insidious and eventually fatal disease of cattle and other ruminants. Johne's disease has become a widespread problem in Wisconsin dairy herds. Young animals may become infected in utero, or by ingesting disease organisms shed by other animals (e.g., in milk or manure). Infected animals normally do not show clinical symptoms until they are 18 months to 10 years old. However, animals without apparent symptoms can spread the disease to their young or to other animals in the herd. A herd may become infected when the herd owner introduces infected, but seemingly healthy, animals to the herd.
Extensive herd testing, followed by limited culling and careful herd management, is necessary to control Johne's disease. Many Wisconsin dairy producers are not testing their herds for Johne's disease, nor are they managing their herds to prevent or control the disease. Many herd owners are reluctant to test for fear that a disease finding may reduce the value of their herd. However, sales of infected animals will continue to spread the disease.
Under s. 95.195, Wis. Stats., a seller of cattle impliedly warrants that the cattle are free of Johne's disease unless the seller does one of the following (the seller may choose either option):
○ Notifies the buyer in writing, prior to the sale, that the cattle are not warranted as being free of Johne's disease.
○ Tests the herd of origin according to Department rules and discloses the results. (Herd testing is necessary because testing of individual animals is not reliable.)
Many sellers are merely giving a warranty disclaimer (the first option), rather than testing the herd of origin (the 2nd option). The Department proposes to modify its current testing rules so that more sellers will choose the testing option. More testing would result in better disease control. It would also provide a greater pool of tested herds from which buyers could purchase with greater confidence.
The Department proposes to offer a simplified testing alternative which would demand fewer repetitive herd tests. This would provide less assurance that the tested herd is actually free of Johne's disease, but it would be preferable to no testing. The Department has not yet determined a specific test protocol, nor has it decided how sellers should disclose the test results to prospective buyers. On these issues, the Department will be seeking input from interested persons, organizations and veterinary medical experts.
Indemnities Legislation
The Legislature recently passed Assembly Bill 483, related to indemnities paid to owners of livestock condemned for disease control purposes. This legislation identifies the general types and amounts of indemnities which the Department must pay; however, the Department must adopt rules implementing AB 483, including the methods used to determine the value of certain condemned animals. The Department must begin immediately to develop the implementing rules. If the Governor vetoes all or part of the legislation, the Department will modify its rule proposal accordingly.
Other Rule Changes
The Department proposes to make a number of minor rule changes to update and clarify current rules, incorporate federal law changes, and improve program operations. These rule changes will involve nonsubstantive technical changes, or minor policy changes.
Policy Alternatives
○ Do nothing. Current low levels of testing for Johne's disease would continue, and the disease would continue to be a major source of mortality and reduced productivity for Wisconsin's dairy industry. Animal health administrative rules would be inconsistent with federal regulations, and minor changes which could clarify existing rules or improve current programs would not be made. Legislative initiatives would not be fully implemented.
○ Make more radical changes to Johne's disease control program, e.g., by eliminating a seller's option of disclaiming the implied warranty that cattle are free of Johne's disease. This would mean that all cattle would be sold subject to an implied warranty unless the herd of origin was tested and the test results were disclosed to the buyer. This would require a statutory change.
STATUTORY AUTHORITY
The Department proposes to develop animal health rules under authority of ss. 93.07 (1) and 95.195 (2). The rules would interpret chapter 95, Stats., and other applicable laws administered by the Department.
STAFF TIME REQUIRED
The Department estimates that it will use approximately .5 FTE staff time to develop this rule. This includes research, drafting, preparing related documents, holding public hearings, coordinating advisory council discussions, and communicating with affected persons and groups. The Department believes that, in the long run, the rule will save staff time and increase program efficiency. The Department will assign existing staff to develop this rule.
Scope of Proposed Rule
Agriculture, Trade & Consumer Protection
The Department of Agriculture, Trade and Consumer Protection gives notice, pursuant to s. 227.135, Stats., that it proposes to modify an administrative rule.
SUBJECT
Plant Inspection and Pest Control; Potato Late Blight
Administrative Code Reference
Ch. ATCP 21, Wis. Adm. Code (Existing)
DESCRIPTION OF POLICY ISSUES
Preliminary Objectives
Manage a serious plant disease which poses an imminent threat to Wisconsin's potato industry. This rule would require potato growers to follow certain practices which are needed to control the spread of the disease.
Preliminary Policy Analysis
In recent years, new forms of the highly virulent “Irish potato famine” fungus, Phytophthora infestans, have caused increasingly devastating losses to potato growers in the United States and Canada. The fungus causes a disease of potato plants which is commonly known as “late blight.”
The National Association of State Departments of Agriculture reports that late blight epidemics in 1992, 1993 and 1994 were the worst in decades, and that some individual farm losses have amounted to hundreds of thousands of dollars in a single year. The University of Wisconsin estimates that Wisconsin growers lost up to $10 million in 1994 and $6 million in 1995 due to late blight.
The potato industry is one of Wisconsin's most important agricultural industries. In 1995, Wisconsin was the 3rd leading state in the nation in potato production. Cash receipts to Wisconsin potato growers totalled over $150 million in 1995. Potatoes are an important food source for the people of Wisconsin and other states. Potato production also supports important processing and distribution industries in Wisconsin. The uncontrolled spread of late blight would have a devastating impact on Wisconsin potato growers, and would seriously affect the public health, safety and welfare.
Late blight appears on potato plant leaves, stems and tubers. It causes foliar lesions which are followed by severe defoliation in wet weather. It can also reduce marketable yield by directly infecting and rotting potato tubers. Once late blight appears, it spreads rapidly and can cause total crop loss.
Late blight fungal spores can be spread by many things, including wind, rain, machinery, workers, wildlife and infected seed potatoes. The University of Wisconsin reports that spores can be transported over 25 miles by storms.
There are very few registered fungicides in the United States that are effective in controlling the new forms of late blight fungus. Because of the lack of registered fungicides, and the ease with which the late blight fungus spreads, potato growers must mitigate the spread of the disease by removing sources of the overwintering inoculum. Among other things, potato growers must properly dispose of potato cull piles and “volunteer” potato plants which germinate from waste potatoes.
A failure by individual potato growers to implement necessary cultural practices to mitigate the spread of late blight will have a potentially devastating impact on other growers, and on the Wisconsin potato industry as a whole.
In order to ensure that growers take adequate steps to mitigate the spread of late blight, it is necessary to adopt rules that spell out critical practices and establish sanctions for growers who fail to comply. Among other things, this rule would require potato growers to eliminate “cull piles” by May 20th of each year.
Policy Alternatives
○ Do nothing. This could increase the possibility of the late blight disease spreading before the Department is informed of problems at a specific site. It is more difficult to control the disease after it has already spread to an identified site.
○ The Department could increase field inspections to find problems, but this effort would be limited by the lack of field staff resources. The Department is currently working with growers and asking them to help identify problems so that field staff can target their efforts.
○ The Department could significantly increase information and education efforts to teach growers about integrated pest management programs. However, the University Extension, in conjunction with the growers' association, already has an extensive education program in place, so any additional efforts by the Department would bring minimal increases in grower compliance with appropriate management practices.
STATUTORY AUTHORITY
The Department proposes to revise ch. ATCP 21, Wis. Adm. Code, under authority of ss. 93.07 (1) and (12) and 94.01 (1), Wis. Stats.
STAFF TIME REQUIRED
The Department estimates that it will use approximately 0.1 FTE staff to develop this rule. This includes drafting, communicating with affected persons and groups, preparing related documents and holding public hearings. The Department will use existing staff to develop this rule.
Scope of Proposed Rule
Agriculture, Trade & Consumer Protection
The Department of Agriculture, Trade and Consumer Protection gives notice, pursuant to s. 227.135, Stats., that it proposes to modify an administrative rule.
SUBJECT
Pesticide Use and Control
Administrative Code Reference
Chapter ATCP 29, Wis. Adm. Code (Existing). The Department may renumber and reorganize this rule.
DESCRIPTION OF POLICY ISSUES
Preliminary Objectives
Update current ch. ATCP 29 rules to protect persons, property and the environment from pesticide exposure. Revise or eliminate obsolete provisions. Reorganize rules to make it easier for persons selling, handling and using pesticides to understand and comply with applicable rules.
Preliminary Policy Analysis
More than $180 million worth of pesticides are used in Wisconsin each year. Chapter ATCP 29 regulates persons who manufacture, distribute, handle, store, apply or dispose of pesticides in this state. The current rules are designed to protect persons, property and the environment from risks associated with pesticide exposure. Chapter ATCP 29 includes rules related to:
○ Pesticide product registration and use restrictions.
○ Licensing of pesticide manufacturers and distributors.
○ Licensing and certification of pesticide applicators.
○ Regulations governing the storage, handling, use and disposal of pesticides.
Pesticide products and use practices have changed over time. The Department proposes to:
○ Update ch. ATCP 29 rules to reflect current industry practices.
○ Repeal obsolete rule provisions.
○ Renumber and reorganize ch. ATCP 29 rules to make it easier for the regulated industry to understand and comply with current requirements.
The Department is also proposing to update and reorganize a number of closely-related rules, including:
1) Ch. ATCP 30 (Atrazine pesticides; use restrictions);
2) Ch. ATCP 31 (Fertilizer or Pesticide Substances in Groundwater);
3) Ch. ATCP 32 (Fertilizer Bulk Storage);
4) Ch. ATCP 33 (Pesticide Bulk Storage); and
5) Ch. ATCP 35 (Agricultural Chemical Cleanup Program).
The Department has prepared separate scope statements for the other rules. By reorganizing all of these rules, the Department will make it easier for the regulated industry to understand and comply with applicable requirements.
Policy Alternatives
○ No Change. If the Department does not change ch. ATCP 29, the current rules will remain in effect in their current form. The current rules will become ever more outdated, complex and difficult to understand. This will reduce protection for persons, property and the environment. It will also increase compliance costs and make it more difficult for the regulated industry to comply.
STATUTORY AUTHORITY
The Department proposes to modify ch. ATCP 29 under authority of ss. 93.07 and 94.69, Wis. Stats.
STAFF TIME REQUIRED:
The Department estimates that it will use approximately .75 FTE staff time to modify this rule. This includes research, drafting, preparing related documents, coordinating advisory committee discussions, holding public hearings and communicating with affected persons and groups. The Department will use existing staff to develop this rule.
Scope of Proposed Rule
Agriculture, Trade & Consumer Protection
The Department of Agriculture, Trade and Consumer Protection gives notice, pursuant to s. 227.135, Stats., that it proposes to modify an administrative rule.
SUBJECT
Atrazine Pesticides; Use Restrictions
Administrative Code Reference
