Statements of Scope of Proposed Rules
Agriculture, Trade and Consumer Protection
Subject:
Ch. ATCP 40 - Relating to fertilizer and related products.
Description of policy issues:
Preliminary objectives:
Update and clarify current rules regulating the sale of fertilizer and related products.
Preliminary policy analysis:
DATCP regulates fertilizer sales under s. 94.64, Stats. Fertilizers are plant growth products that contain recognized plant nutrients such as nitrogen (N), phosphorus (P) and potassium (K). The fertilizer law does not apply to unmanipulated manure, liming materials or other exempt products.
DATCP also regulates soil and plant additives under s. 94.65, Stats. “Soil or plant additives" are other products sold to improve plant growth, crop yield or soil conditions. The soil and plant additive law does not apply to unmanipulated manure, fertilizer, registered pesticides, liming materials or other exempt products.
DATCP regulates sales of fertilizer, soil additives and plant additives to prevent fraudulent sales claims, and to prevent sales of worthless or hazardous products. Companies must be licensed. Product contents must be disclosed on the product label, and ingredients must be present in the amounts guaranteed on the label.
Except as provided by rule, a company must obtain a DATCP permit to sell a fertilizer product that contains less than 24% NPK. (DATCP may issue a permit only for nonagricultural or special use purposes). A company must also obtain a DATCP permit to sell any soil or plant additive. Before issuing a permit, DATCP may demand scientific proof of efficacy and usefulness. DATCP may also require proof of sales claims and product safety.
DATCP has adopted rules under ch. ATCP 40 to regulate fertilizers and soil and plant additives. DATCP proposes to revise its current rules to:
• Clarify permit application procedures.
• Clarify standards for reviewing permit applications.
• Clarify standards for documenting product efficacy and label claims.
• Clarify the conditions under which a company may sell a fertilizer product containing less than 24% NPK without obtaining a DATCP permit for that product.
• Clarify and improve labeling and distribution requirements, including disclosure of product hazards.
• Improve compliance monitoring.
• Make other changes to clarify and update current rule provisions.
Policy alternatives:
No change. If DATCP takes no action, current rules will remain in effect. This may result in unnecessary misunderstandings and conflict related to the regulation of fertilizer and related products. Product labeling may be inadequate, and DATCP may have difficulty monitoring product compliance.
Statutory authority:
DATCP proposes to revise ch. ATCP 40, Wis. Adm. Code, under authority of ss. 93.07, 94.64, 95.65, 100.37, 100.42 and 100.43, Stats.
Estimate of staff time required:
DATCP estimates that it will use approximately 0.8 FTE staff to develop this rule. This includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
Contact information:
If you have specific questions or comments regarding the proposed rule-making, please contact:
Carolyn Gallagher, Paralegal
Office of Legal Counsel
Dept. of Agriculture, Trade and Consumer Protection
Telephone: (608) 224-5023
2811 Agriculture Dr.
Madison, WI 53718
Commerce
(Licenses, Certifications and Registrations, Ch. Comm 5)
(Uniform Dwelling, Chs. Comm 20-25)
Subject:
Chs. Comm 5 and 20-25 - Relating to the Uniform Dwelling Code.
Description of policy issues:
Description of the objective of the rule:
The Uniform Dwelling Code establishes statewide uniform construction and inspection rules for one- and 2-family dwellings.
The statutes require the Department to review the rules of the Uniform Dwelling Code every two years. The Department is required to revise the rules after consultation with the Uniform Dwelling Code Council, which is appointed by the Governor. Code changes currently under development are expected to go into effect in early 2001. The code update being scoped herein is expected to be implemented in April 2003.
The objective of the rule is to:
• Have a clearly understood code that reflects application of current construction practices, products, standards, model codes, and materials.
• Have in place appropriate minimum standards for qualifications and responsibilities of persons and businesses that are required or permitted to obtain credentials.
Description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives:
a) Existing policies. The Uniform Dwelling Code, chs. Comm 20-25, establishes statewide uniform construction and inspection rules for one- and 2-family dwellings. To ensure the health, safety and welfare of Wisconsin citizens using and residing in one- and 2-family dwellings, the Department believes that its codes and adopted standards must be viable and current.
b) New policies. This code review will identify potential code revisions necessary to:
• Address code requirement clarity problems that have been discovered since the last code review.
• Clarify administrative requirements.
• Address code requirements for credentialing, including continuous education.
• Reflect new construction practices, products, standards, and materials, including heating, ventilating and air conditioning, fire safety systems, dwelling egress and structural components.
• Address code requirements relative to safety, health, and welfare which are substantially different from the national model building codes.
c) Analysis of policy alternatives. The Department has identified the following alternatives:
• The Department could leave the code as written. However, the Department believes that using the code as it stands now would leave designers, builders and local inspectors unsure of how to comply with the code, and unaware of how newer materials and standards should be regulated and applied. This alternative conflicts with s. 101.63 (5), Stats.
• The Department could, after consulting with the council, adopt current standards, correct code clarity problems, incorporate code interpretations that have developed since the last code change, incorporate new construction practices, products, standards or materials, and incorporate new code requirements into the next code package. These proposed changes would fulfill the objective of protecting public health, safety and welfare. The Department recommends this alternative.
Statutory authority for the rule:
Applicable sections of Wisconsin Statutes:
Section 101.60 - Establishes statewide construction standards for 1-2 family dwellings.
Section 101.63 - Requires Department to establish standards for construction and inspection.
Section 101.63 (5) - Requires Department to biennially review rules.
Section 101.64 (3) - Permits Department to revise rules after consulting with UDC council.
Section 101.73
- Establishes statewide standards for manufactured 1-2 family dwellings.
Section101.74
- Requires Department to establish standards for construction and inspection.
Section 101.73 (8) - Requires Department to biennially review rules.
Section 101.74 (3) - Permits Department to revise rules after consulting with UDC council.
Estimate of the amount of time necessary to develop the rule:
The following is the estimated work time between 11/00 and 4/03 that staff will be involved in these code change issues.
Dwelling code council meetings -
(Average of 40 hr. x 8 meetings) = 320 hr.
Code topics research, language drafts = 450 hr.
Hearings, responses, revisions, etc. = 375 hr.
Environmental assessment - = 40 hr.
Total = 1,185 hr.
Contact information:
If you have specific questions or comments regarding the proposed rule-making, please contact:
Duane Hubeler
Safety and Buildings Division
Program Development Bureau
Dept. of Commerce
