Effective 3-1-98.
An order repealing and recreating ch. HEA 9, relating to the academic excellence higher education scholarships.
Effective 03-01-98.
An order affecting s. NR 102.10 (1m) 6., 9., 9m. and 11., relating to waters classified as outstanding resource waters.
Effective 03-01-98.
Final Regulatory Flexibility Analyses
Ch. Adm. 66 - Financial qualifications of manufactured home dealer license applicants.
Summary of Final Regulatory Flexibility Analysis:
Pursuant to s. 227.114, Stats., the department has determined that the proposed rule will not have any adverse impact on small businesses.
Summary of Comments:
No comments were reported.
Ch. Adm 67 - Manufactured home dealer trade practices, facilities and records.
Summary of Final Regulatory Flexibility Analysis:
Pursuant to s. 227.114, Stats., the department has determined that the proposed rule will not have any adverse impact on small businesses.
Summary of Comments:
No comments were reported.
3.
Agriculture, Trade & Consumer Protection
(CR 97-86)
Ch. ATCP 42 - Commercial feed revisions.
Summary of Final Regulatory Flexibility Analysis:
1. Type of businesses that will be affected by the proposed rule changes:
Affected businesses will be commercial feed manufacturers and distributors including persons acting as nutritional consultants who receive compensation for the preparation of commercial feed labels or formulas.
Commercial Feed Manufacturers and Distributors
There are currently 1000 commercial feed facilities in Wisconsin. Approximately 700 of these facilities engage in manufacturing commercial feed. The remainder are distribution points or labelers. A firm that identifies itself on the label as the party responsible for the feed and distributes a product that is manufactured by another is a a distributor. The, department estimates that about 70% of the manufacturing facilities also engage in other agri-business activities such as sales of fertilizer and pesticides. The department also estimates that about 70% of the manufacturing facilities are small businesses.
Feed Manufacturers Distribution of Labeled Feed Per Year
700 firms distribute from 0 and 2000 tons of commercial feed.
200 firms distribute from 2000 and 20,000 tons of commercial feed.
30 firms distribute more than 20,000 tons of commercial feed.
Feed Manufacturers - Category of Feed Produced
300 firms produce medicated animal feed.
400 firms only produce non-medicated animal feeds.
Poultry and Livestock Farm Operations
There are a number of small businesses in the poultry and livestock operator business that depend greatly on the feed manufacturing industry to provide correct and useful information on animal nutrition and the use of commercial feed products. The impact of the proposed rule amendment on these businesses will be to provide them with product labeling suitable for their production practices and expertise.
Commercial Feed Consultants
Commercial feed consultants that operate in Wisconsin provide farmers and manufactures with information related to the formulation and use of feed products. The number of consultants operating in Wisconsin is unknown at this time.
Many consultants are independent or work in cooperation with a feed manufacturer, but are not employed by a feed manufacturer. Other consultants are employees of the feed manufacturer and their employer must comply with all feed regulations. This includes: licensing, labeling and good manufacturing practices.
Through the current definition of ”distributor” consultants who are compensated by the final purchaser of the feed for providing a label or formula for a product will have to be licensed by the department and comply with the appropriate regulations. This proposed rule amendment will only affect the label formatting of ”mill-formulated feed” at the request of their customers.
2. Reporting, record keeping and other procedures required for compliance with the rules:
Commercial Feed Manufacturers and Distributors
The proposed rule amendment should require little or no modification to current labeling practices. In most cases the proposal will reduce the difficulty that small feed manufacturers are currently facing in providing the required labeling for “mill formulated” and “custom-mixed” feeds.
Commercial Feed Consultants
Consultants that are required to become licensed commercial feed distributors will have to comply with the same labeling requirements affecting commercial feed manufacturers.
3. Types of professional skills necessary for compliance with the rules:
Commercial Feed Manufacturers and Distributors
Manufacturers, who do not employ consultants or have access to nutrition program services, may have to develop additional skills to assist them in formulating feeds that meet the labeling requirement when a customer of a “mill formulated feed requests full labeling including, nutrient and adequacy guarantees.
The majority of persons marketing commercial feed have expertise in the calculation of feed formulas. Those who need to develop this expertise have several options available at little of no cost. The University of Wisconsin Extension Service can provide training and assistance in feed formulation. Nutritional consultants can be employed by firms needing this service. Low cost computer software nutrition and product formulation packages are available from national and regional feed suppliers and cooperatives.
4. Special accommodations to reduce small business impact:
The proposed rule amendment has been developed to minimize the impact on small business interests, recognizing that most feed manufacturers, consultants and their customers are small business operations.
The proposed rule amendment establishes options for manufacturers and customers alike. The flexibility of this rule will allow ease of compliance and still provide the customer with the product information they need.
Summary of Comments:
No comments were reported.
Ch. DOC 332 - Registration and community notification of sex offenders.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule does not require small business to perform any duties and will have no impact on small businesses as defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments were reported.
5. Higher Educational Aids Board (97-111)
Ch. HEA 9 - Academic excellence higher education scholarships.
Summary of Final Regulatory Flexibility Analysis:
These rules will affect high school seniors, high schools, school districts and the Higher Educational Aids Board. They will not directly affect small businesses as “small businesses” are defined in s. 227.114 (1)(a), Stats.
Summary of Comments:
No comments were reported.
S. NR 102.10 - Waters classified as outstanding resource waters.
Summary of Final Regulatory Flexibility Analysis:
The proposed additions to ch. NR 102 would affect small businesses which propose a new discharge to one of the four water bodies on the list. Proposed new discharges to these flowages would be more strictly regulated based on the outstanding resource water designation than the existing fish and aquatic life classification. The four flowages on the list are not likely candidates for new wastewater discharges from small businesses.
Summary of Comments by Legislative Review Committee:
The rules were reviewed by the Assembly Natural Resources Committee and the Senate Agriculture and Environmental Resources Committee. There were no comments.
The State of Wisconsin
Department of Administration
Document Sales Unit
P.O. Box 7840
Dated Material. Please Do Not Delay!
