Under this rule, no person may misrepresent the classification of the herd from which cattle or goats are being sold. A seller who misrepresents a herd classification is not exempt from the implied warranty under s. 95.195, Stats., and is subject to possible penalties under s. 95.99, Stats. The Department may investigate alleged misrepresentations.
Department Disclosure of Herd Classification
Under this rule, the Department may disclose a herd classification to a 3rd party with the written authorization of the herd owner.
Interstate Sales
Wisconsin's implied warranty law and this rule apply to cattle and goats from outside Wisconsin that are sold in this state (subject to Wisconsin contract law). Wisconsin's implied warranty law and this rule do not apply to sales of cattle and goats that occur outside this state (subject to another state's contract law).
Delayed Effective Date
This rule has a delayed effective date of July 1, 2000. The delayed effective date is intended to give producers time to complete testing and receive classifications before the new disclosure provisions take effect.
Fiscal Estimate
The complete fiscal note is available on request.
For purposes of this fiscal estimate, it is estimated that Johne's disease testing in Wisconsin will increase by 20,000 tests in SFY 2001 (State Fiscal Year 2001) due to the proposed rule.
Revenue:
Presently, the Wisconsin Animal Health Laboratory charges a user fee for Johne's disease tests. The user fee offsets the cost of performing the tests. An increase of 20,000 tests would generate an estimated PR fund revenue increase of $105,300.
Expense:
The Wisconsin Animal Health Laboratory will incur $105,300 of salary, fringe and supply expense in performing an additional 20,000 Johne's disease tests. Additionally, the Department will expend $15,500 of GPR funds to support the Johne's disease program purposed in this rule. Veterinary staff time will increase to cover classifying the additional herds testing for Johne's disease and to provide education to the state's producers and private veterinarians on Johne's disease and the proposed rules. Program assistant staff time will increase due to the increased testing, with increased computer entry of test information, herd classification certificate issuing, correspondence and filing.
Initial Regulatory Flexibility Analysis
General Overview
Johne's disease (paratuberculosis) causes significant financial losses for Wisconsin's cattle (both dairy and beef) and goat producers. In the past, the producers have been unable to make informed judgments about the risk of Johne's disease in the animals they purchase because the information was not available. This rule establishes a voluntary program designed to permit producers who want to make informed decisions to obtain the necessary information. It is also designed to permit people who will be selling cattle or goats to provide beneficial information to potential buyers, avoid the threat of an implied warranty claim, and fairly represent the extent to which his animals have tested negative for Johne's disease.
Section 95.195, Stats., establishes an implied warranty that animals sold are free of Johne's disease and gives the purchaser a cause of action against a seller if the animal is infected unless the seller has either sold the animal “as is" or has complied with the Department's rules for avoiding the implied warranty. This rule modifies existing rules by implementing a herd risk based classification and exempting the animal seller from the implied warranty if the seller discloses the herd risk classification in writing prior to the sale. (The Department intends to seek legislation to eliminate the “as is" loophole in the implied warranty statute since it is no longer needed to permit sellers to sell animals without testing or being subject to the implied warranty provision.)
Since this program is totally voluntary, it won't have any impact on farmers or producers unless the person chooses to participate. If the person chooses to participate in the program the rule will have effects. Its primary impact is to give people more choices and to provide information to assist them in making those choices.
Cattle and Goat Sellers
All herds of cattle and goats will be classified as to risk level for Johne's disease based on test results. If the herd owner chooses not to test, or not to request classification on the basis of a test, the herd will be classified “Maximum risk for Johne's disease." If the herd owner tests and requests classification the Department will classify the herd “Johne's Preventative Management Level A, B, C, or D" based on the prevalence of disease in the animals and the number of animals tested.
The most desirable classification “Johne's Preventative Management Level A" may be obtained by testing 30 animals or 10% of the herd, whichever is a larger number. If all of the animals test negative, the herd will be classified at the “A" level. If any animal tests positive, the herd will be classified at the “D" level. Levels “B" and “C" will only be assigned if the whole herd was tested and will reflect the prevalence of test positive animals in the herd.
This program specifically permits the herd owner to have tests performed without being used for classification. Therefore, the owner may have a random test (30 animals or 10% of the herd) performed without seeking classification. If no positive animals are identified, the owner may seek classification and will receive the “A" classification. If there are positive animals identified, the owner may undertake an immediate whole herd test to determine whether he can be classified upward to a level “B" or level “C." It also permits the owner to undertake a whole herd test and cull approach and once all positive animals are culled the herd would be eligible for the “A" classification. In this way, this rule increases the choices available to the herd owners and permits the herd owner to attain the most desirable classification in a relatively short time.
Herd owners who choose to participate in the program will incur the costs of testing at least 30 animals annually. However, since the program is voluntary, the owner would be able to weigh that cost against the benefits to be gained by having information on the status of the herd.
Cattle and Goat Purchasers
At the present time, the person who plans to purchase cattle or goats has no way of determining the risk that the purchased animals are infected with Johne's disease. Producers who have experienced the financial impact of having their herds become infected with Johne's disease and have incurred the expense required to clean up their herds will frequently seek to purchase animals which they have reason to believe have a lower risk of being infected. This rule provides a way for those producers to make an informed judgment about which animals have the lower risk.
Since the program is completely voluntary, no producer is required to purchase animals of any specific classification. For example, if the purchaser already has a herd which is classified as a level “B" herd and adds animals from a level “C" herd, the combined herd retains its “B" classification (although the “C" animals do not achieve the “B" classification until they have been in the herd for 120 days).
The producer can decide for himself or herself what level risk the producer is willing to undertake and refuse to purchase animals with a level of risk higher than the level the producer is willing to accept. If purchasers produce more demand for low risk animals than sellers are putting on the market, the purchaser will decide for himself or herself whether to bid up the price to get the more desirable animals or to accept higher risk animals at a price the purchaser finds more acceptable. The effect of the rule is to create options for the purchaser, and to provide information the purchaser can use to evaluate the risk associated with purchasing specific animals.
Veterinarians
The third group of small business people potentially affected by this rule are veterinarians. They may experience an increase in their business associated with additional testing to be performed. The rule does not change reporting requirements for the veterinarians. Nor does it require veterinarians to expend additional money for the supplies and services they utilize to provide their service to the producers, except that the veterinarian may need to obtain a new supply item to be used for permanently identifying reactor animals.
Notice to Dept. of Commerce
Notice of the proposed rule has been delivered to the Department of Commerce, as required by s. 227.114 (5), Stats.
Notice of Hearings
Commerce
(Explosive Materials, Ch. Comm 7)
Notice is hereby given that pursuant to s. 101.15 (2) (e), Stats., the Department of Commerce announces that it will hold public hearings on proposed rules affecting ch. Comm 7, relating to explosive materials.
Hearing Information
The public hearings will be held as follows:
Date and Time: Location:
March 15, 1999 Conference Room 3B
Monday WHEDA Building
10:00 a.m. 201 W. Washington Ave.
Madison, WI
March 16, 1999 Room E102
Tuesday Northcentral Tech. College
10:30 a.m. 1000 W. Campus Dr.
Wausau, WI
March 17, 1999 Room B115
Wednesday Fox Valley Tech. College
10:30 a.m. 1825 N. Bluemound Dr.
Appleton, WI
These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or TTY at (608) 264-8777 at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.
Written Comments
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rule-making will remain open until March 31, 1999, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing.
Analysis of Proposed Rules
Statutory authority: Section 101.15 (2) (e), Stats.
Statute interpreted: Section 101.15 (2) (e), Stats.
The Division of Safety and Buildings within the Department of Commerce is responsible for adopting and enforcing rules to effect the safety of mines, explosives, quarries and related activities. Ch. Comm 7 contains safety and health standards for the manufacture, storage, handling and use of explosive materials, including the regulation of blasting resultants, in public buildings and at places of employment.
The proposed rules consist of a complete update of ch. Comm 7 in order to bring the chapter into conformance with current technology, federal standards, and nationally recognized practices published by the Institute of Makers of Explosives. The following is a summary of the major changes being proposed in ch. Comm 7.
1. Clarifying that ch. Comm 7 applies in public buildings and at places of employment. [Comm 7.01]
2. Updating the definitions for consistency with nationally recognized terminology. [Comm 7.04]
3. Requiring notification within 24 hours to local authorities, of the initial storage of explosive materials and of any subsequent changes in the location of that storage. [Comm 7.20 (1)]
4. Eliminating the requirement for obtaining a storage permit from the Department of Commerce for storing explosive materials in a community. [Comm 7.20 (2)]
5. Revising the transportation requirements and clarifying that the requirements apply only to on-site transportation of explosive materials. [Comm 7.25]
6. Updating the rules for blasting with non-electric systems by revising the requirements for blasting with cap and fuse, and adding new requirements for blasting with detonating cord and shock tube. [Comm 7.32]
7. Updating the rules for blasting with electric systems by revising the wording and separation distances to be consistent with nationally recognized terminology and practices. [Comm 7.33 and Tables 7.33-1 to 7.33-7]
8. Clarifying the requirements relating to surface blasting warnings and guarding of access roads to the blast area. [Comm 7.34 (1)]
9. Updating the minimum information required to be contained in each blasting log. [Comm 7.37 (3)]
10. Removal of the rules relating to smokeless propellants. [Comm 7.55 and 7.56]
11. Revising the rules for preblasting surveys and decreasing the required distance to determine the affected dwellings that would be offered a preblasting survey. [Comm 7.61]
12. Removing the rules for the maximum peak particle velocity limits and the scaled-distance equation as options for establishing the maximum ground vibration, and requiring the maximum ground vibration to be established in accordance with the currently optional blasting-level chart. [Comm 7.64 (4)]
13. Requiring a seismographic record to be made for all blasts. [Comm 7.64 (4)]
Copies of Rule and Contact Information
A copy of the proposed rules may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, Wisconsin 53701, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with ch. ILHR 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules:
Any business involved with the manufacture, storage, handling or use of explosive materials will be affected by the rules.
2. Reporting, bookkeeping and other procedures required for compliance with the rules:
The rules require reporting the initial storage of explosive materials, and any subsequent change in the location of that storage, to the local fire department and local law enforcement agency.
3. Types of professional skills necessary for compliance with the rules:
There are no types of professional skills necessary for compliance with the rules.
