Statutory authority: s. 93.07 (1)
Statutes interpreted: ss. 93.07 (10), 95.20 and 95.25
In order to protect the public from bovine tuberculosis, this emergency rule restricts the importation of animals from states that the United States Department of Agriculture (USDA) has classified as “non-modified accredited."
Background
Bovine tuberculosis (TB) is an infectious disease caused by Mycobacterium bovis (M. bovis). It is generally described as a chronic debilitating disease of cattle but it may have an acute, rapidly progressive course. It can cause disease in most warm-blooded vertebrates, including humans. If TB becomes established in Wisconsin, it will pose a significant threat to the health of domestic animals and humans in the state.
The TB eradication program is administered jointly by the Wisconsin Department of Agriculture, Trade and Consumer Protection (Department) and the USDA. After several decades of intense effort, the disease was nearly eradicated in the United States. Recently the USDA reclassified Michigan from “accredited-free" to “non-modified accredited" because TB was confirmed in several cattle herds and in several native white-tailed deer. Because of the ease of transmission of TB, the substantial number of animals imported to Wisconsin, and because the last-known incident of TB in a bovine animal in Wisconsin involved a bovine that was imported from Michigan, the Department has determined that Wisconsin needs to regulate the import of animals that originate from “non-modified accredited" states.
Rule Contents
Pre-Import Requirements:
Under this emergency rule, bovine animals, goats and cervids imported to Wisconsin from a tuberculosis “non-modified accredited" state must be accompanied by a certificate of veterinary inspection. The importer must obtain an import permit from the Department.
The veterinarian who completes the certificate of veterinary inspection must certify that the animal originates from a herd in which a whole herd TB test has been completed within the last 12 months. The veterinarian must certify that the whole herd test included every animal over 6 months of age in the herd, and that all test results were negative.
An imported animal must be individually tested for tuberculosis within 60 days (90 days for a cervid) prior to the import date, unless the animal is less than 6 months old on the import date. The test may be performed as part of a whole herd test if the whole herd test is performed within 60 days (90 days for a cervid) prior to the import date.
Post-Import Testing:
An animal imported to Wisconsin from a tuberculosis non-modified accredited state must be tested for tuberculosis not less than 90 days nor more than 120 days after it is imported. This testing requirement does not apply to feeder cattle that are confined to the receiving premises until they are shipped to slaughter. (The feeder cattle, when shipped to slaughter, must be accompanied by USDA form VS1-27.)
Post-Import Confinement:
Animals imported to Wisconsin from a tuberculosis non-modified accredited state may not be commingled with any other animals in this state, or removed from the premises at which they are first received in this state, until they test negative for tuberculosis or are shipped to slaughter.
Exception:
This emergency rule does not apply to animals that are imported directly to a slaughtering establishment for slaughter.
Finding of Emergency
(1) Bovine tuberculosis is a contagious, infectious and communicable disease caused by Mycobacterium bovis (M. bovis). It affects cattle, bison, deer, elk, goats and other species, including humans. Bovine tuberculosis in infected animals and humans manifests itself in lesions of the lung, bone, and other body parts. Bovine tuberculosis causes weight loss and general debilitation, and can be fatal.
(2) Wisconsin is currently classified by the United States Department of Agriculture (USDA) as “accredited-free" for tuberculosis.
(3) The USDA recently reclassified Michigan from “accredited-free" to “non-modified accredited," reflecting a higher risk of bovine tuberculosis.
(4) A significant number of bovine animals, goats and cervids are imported to Wisconsin from Michigan each year.
(5) The last known case of bovine tuberculosis in cattle in Wisconsin was confirmed in an animal imported from Michigan.
(6) If bovine tuberculosis becomes established in Wisconsin, it will pose a significant threat to the health of domestic animals and humans in this state.
(7) This emergency rule is needed to protect the public peace, health, safety and welfare. This emergency rule will help to control a serious disease in cattle, goats and cervids and will help protect the marketability of Wisconsin-raised animals.
Fiscal Estimate
The Department anticipates costs to the Department of approximately $2000 as a result of this emergency rule. The Department can accommodate these costs in its current budget. The Department does not anticipate any additional costs to counties or other local governments.
Initial Regulatory Flexibility Analysis
This emergency rule may have some financial impact on small business people who import bovine animals, goats or cervids. If these people import animals from states designated tuberculosis “non-modified" accredited, these people may incur additional costs associated with post-import testing of the animals. However, they may avoid additional testing costs by refraining from importing animals that originate from tuberculosis non-modified accredited states.
Despite the potential costs associated with testing, the rule is needed because the costs that would be incurred by small business people if bovine tuberculosis is imported to Wisconsin far exceeds any additional costs associated with testing animals that originate from tuberculosis non-modified accredited states.
Copies of the Emergency Rule
A copy of the emergency rule to be considered may be obtained free of charge from:
Animal Health Division
Telephone (608) 224-4883
Wis. Dept. of Agriculture, Trade & Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Notice of Hearing
Agriculture, Trade and Consumer Protection
The state of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold a public hearing on a proposed amendment to ch. ATCP 30, Wis. Adm. Code, relating to the use of atrazine pesticides.
Written Comments
The hearing will be held at the time and place shown below. The public is invited to attend the hearing and comment on the proposed rule. The Department also invites comments on the draft environmental impact statement accompanying the rule. Following the public hearing, the hearing record will remain open until Thursday, September 21, 2000 for additional written comments.
Copies of Rule
A copy of this rule may be obtained, free of charge, from the Wisconsin Department of Agriculture, Trade and Consumer Protection, Agricultural Resource Management Division, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708-8911, or by calling (608) 224-4502. Copies will also be available at the public hearing.
Contact Information
An interpreter for the hearing-impaired will be available on request for the hearing. Please make reservations for a hearing interpreter by Friday, September 8, 2000 either by writing to Bruce Rheineck, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708, (608/224-4502) or by contacting the message relay system (TTY) at 608/224-5058. Handicap access is available at the hearing.
Hearing Information
One hearing is scheduled:
Date & Time Location
September 13, 2000 Lodi City Hall
Wednesday 113 South Main St.
3:00 - 5:00 p.m. LODI, WI
6:30 - 8:00 p.m.
Handicap access is available at the hearing.
Telephone (608) 592-3247 for information on the scheduled hearing.
Written comments will be accepted until Thursday, September 21, 2000.
Analysis Prepared by Dept. of Agriculture, Trade and Consumer Protection
Statutory authority: ss. 93.07 (1), 94.69 (9), 160.19 (2), and 160.21 (1)
Statutes interpreted: ss. 94.69, 160.19 (2) and 160.21 (1)
In order to protect Wisconsin groundwater, current rules under ch. ATCP 30, Wis. Adm. Code, restrict the statewide rate at which atrazine pesticides may be applied. Current rules also prohibit the use of atrazine in areas where groundwater contamination levels attain or exceed state enforcement standards.
Based on new groundwater test data, this rule expands an area in which atrazine use is prohibited.
Atrazine Prohibition Areas
Current rules prohibit the use of atrazine where atrazine contamination of groundwater equals or exceeds the current groundwater enforcement standard under ch. NR 140, Wis. Adm. Code. Current rules prohibit atrazine use in 103 designated areas, including major prohibition areas in the lower Wisconsin river valley and much of Dane and Columbia counties.
This rule enlarges one current prohibition area. This will increase the statewide acreage of atrazine prohibition areas by about 1,000 acres. This rule includes a map describing the expanded prohibition area.
Within every prohibition area, atrazine applications are prohibited. Atrazine mixing and loading operations are also prohibited unless conducted over a spill containment surface complying with s. ATCP 29.151 (2) to (4).
Fiscal Estimate
The rule will be administered by the Agricultural Resource Management (ARM) Division of the Department of Agriculture, Trade and Consumer Protection (DATCP). The following estimate is based on enlarging 1 existing prohibition area (PA).
Administration and enforcement of the proposal will involve new costs for the Department. Specialist and field investigator staff time will be needed for inspections and enforcement in the new PAs (0.05 FTE, cost approximately $2,000). Enforcement activities will be conducted in conjunction with current compliance inspections, but at increased levels to ensure compliance with the additional prohibition areas. Compliance activities will be especially important in the first few years as growers, commercial applicators, dealers, and agricultural consultants in the PAs require education to comply with the new regulations.
Soil sampling conducted in the additional PAs to determine compliance with the rules will require an estimated $500 in analytical services. In addition, a public information effort will be needed to achieve a high degree of voluntary compliance with the rule. Direct costs to produce and distribute the informational materials will be $500.
Total Annual Costs: $3,000
The Department anticipates no additional costs for other state agencies. Water sampling programs within the Department of Natural Resources and local health agencies may receive short term increased interest by individuals requesting samples.
On Local Units of Government:
The rule does not mandate that local government resources be expended on sample collection, rule administration or enforcement. The rule is therefore not expected to have any fiscal impact on local units of government. County agricultural agents will likely receive requests for information on provisions of the rule and on weed control strategies with reduced reliance on atrazine. This responsibility will probably be incorporated into current extension programs with no net fiscal impact.
The Department anticipates no additional costs for other state agencies. Water sampling programs within the Department of Natural Resources and local health agencies may receive short-term increased interest by individuals requesting samples.
The complete fiscal estimate is available upon request.
Initial Regulatory Flexibility Analysis
Businesses Affected:
The amendments to ch. ATCP 30 Appendix A will affect small businesses in Wisconsin. The greatest small business impact of the rule will be on users of atrazine -- farmers who grow corn. The proposed prohibition area contains approximately 1,000 acres. Assuming that 50% of this land is in corn and that 50% of these acres are treated with atrazine, then 250 acres of corn will be affected. About three producers would be affected, depending on their corn acreage and their reliance on atrazine products. These producers are small businesses, as defined by s. 227.114 (1) (a), Stats. Secondary effects may be felt by distributors and applicators of atrazine pesticides, crop consultants and equipment dealers. Since the secondary effects relate to identifying and assisting farmers in implementing alternative weed control methods, these effects will most likely result in additional or replacement business and the impacts are not further discussed in this document.
Specific economic impacts of alternative pest control techniques are discussed in the environmental impact statement for this rule.
Reporting, Recordkeeping and Other Procedures Required for Compliance:
The maximum application rate for atrazine use in Wisconsin is based on soil texture. This may necessitate referring to a soil survey map or obtaining a soil test. While this activity is routine, documentation would need to be maintained to justify the selected application rate. A map delineating application areas must be prepared if the field is subdivided and variable application rates are used. This procedure is already required under the current atrazine rule.
All users of atrazine, including farmers, will need to maintain specific records for each application. This procedure is already required under the current atrazine rule.
