This rule assumes the final version of this rule would be published either November 1, 2001 or December 1, 2001. Based on numbers of licenses issued and dollar values of nonhousehold pesticides sold, the department anticipates that this rule could generate $1,560,000 in annual surcharge fee revenues, beginning in FY 2001/2002. Publication after December 1, 2001 would not provide revenues during FY 2001/2002, since all affected licenses are issued during December.
Note: Separate from this rule, fertilizer license and tonnage revenue for the ACCP fund will first be collected during FY 2002/2003, providing an additional $500,000 annually to the ACCP Fund.
Initial regulatory flexibility analysis
The proposed changes to ATCP 29, Wis. Adm. Code will have an effect on small businesses that sell or use pesticides in Wisconsin.
Businesses Affected:
Currently all manufactures and labelers of pesticides used in agricultural crop production must register those pesticides and pay certain fees for those pesticides, with the fees based on the value of Wisconsin sales. Agricultural coops and farm centers that sell or apply pesticides must be licensed to do these activities. A portion of these fees, known as the Agricultural Chemical Cleanup Program (ACCP) surcharge, are used to clean up sites that have been contaminated by spills of pesticides and fertilizers. Most of the surcharge fees are passed to farmers through distributor imposed surcharges on the products.
The product and license surcharge fees have not been collect since December of 1997 because the balance of funds that were available in the ACCP fund exceeded the anticipated costs of cleaning up contaminated sites. This is no longer the case, and as a result, the proposed changes to ATCP 29, Wis. Adm. Code, reinstate the product and license surcharge fees.
Most manufacturers of pesticides and many manufacturers of fertilizers, as well as many agricultural coops and farm centers are not small businesses. Some smaller coops and farm centers are small businesses. Since most of these fees are passed on to farmers, the greatest impact should be at the farm level, most of which are small businesses.
Anticipated Impacts
The department estimates this rule will increase farm costs by $1,560,000 per year. Based on 30,000 farms, the department anticipates average per farm cost of about $52. Separate from this rule, increases in fertilizer tonnage will commence in July 2001, simultaneously adding $500,000 to the ACCP fund and $90,000 to the ACM fund.
There are no anticipated changes in recordkeeping, reporting, or other practices as a result of this rule.
Notice of Hearing
Pharmacy Examining Board
The state of Wisconsin Pharmacy Examining Board will hold a public hearing on a proposed rule revising s. Phar 6.06, relating to minimum equipment. The hearing will be held:
Tuesday, April 10, 2001 at 9:15 a.m.
Wisconsin Department of Regulation and Licensing
1400 East Washington Avenue
Room 179A
Madison, WI 53708
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by April 21, 2001 to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
Statutory authority: ss. 15.08 (5) (b), 227.11 (2), 450.02 (3) (e) and 450.09 (3).
Statutes interpreted: s. 450.09 (3)
Rule Contents
Currently, s. Phar 6.06 references equipment and standards that are out-of-date with current pharmacy practice. A problem has arisen in providing pharmacists guidance on acceptable equipment which is currently available which meets the intent of the board as comporting with good pharmacy practice. Modifying s. Phar 6.06 clarifies the standards for minimum equipment to be contained in the service area of a pharmacy. The modification to s. Phar 6.06 (1) (a) recognizes that an electronic as well as a torsion prescription balance is permitted, and the corresponding sensitivity for each. Section Phar 6.06 (1) (b) requires that an appropriate set of accurate weights be maintained for any mechanical torsion prescription balance used, according to the purpose of compounding. This modification acknowledges the wide range of types of compounding undertaken by pharmacists and allows discretion and professional judgment in the selection of weights appropriate to use. Section Phar 6.06 (1) (c) requires a range of single metric scale graduates capable of weighing 5 ml. to 100 ml. The reference to handbook 44 has been deleted as unnecessary. Section Phar 6.06 (1) (j) recognizes that statutes and rules may be made available via electronic means and therefore now allows for immediate accessibility to those statutes and rules as satisfying that portion of the rule.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Contact Person:
Copies of this proposed rule are available without cost upon request to:
Pamela Haack,
Department of Regulation and Licensing,
Office of Administrative Rules
1400 East Washington Avenue, Room 171
P.O. Box 8935
Madison, Wisconsin 53708 (608 266-0495
Submission of proposed rules to the legislature
Please check the Bulletin of Proceedings for further information on a particular rule.
Ch. Chir 4 - Relating to utilization reviews.
Geologists, Hydrologists and Soil Scientists
(CR 00-139)
Ch. GHSS 1 - Relating to a rules committee.
Ch. HFS 112 - Relating to licensing of emerency medical technicians-paramedic operational plans.
Chs. Psy 2 and 4 - Relating to continuing education and temporary practice
Social Workers, Marriage and Family Therapists and Professional Counselors
(CR 00-158)
Ch. SFC 1 - Relating to the state jurisprudence examination.
Ch. Trans 131 - Relating to a motor vehicle emissions inspection program.
Ch. Trans 158 - Relating to placement of Wisconsin-issued motor vehicle identification numbers (VINs).
Ch. DWD 14 - Relating to continuing education requirements.
Rule orders filed with the
revisor of statutes bureau
The following administrative rule orders have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication date of these rules could be changed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rule orders.
An order to repeal s. DFI-Bk 8.04 relating to stating name and location of office on bank checks.
Effective 4-1-01
An order to repeal and recreate HFS 97, relating to complaint procedures for inmates of the Wisconsin Resource Center
Effective 4-1-01
An order renumbering, amending and creating rules pertaining to deer management unit boundaries and population goals.
Effective 3-1-01
The State of Wisconsin
Department of Administration
Bureau of Document Services
Document Sales and Distribution Section
P.O. Box 7840
Dated Material. Please Do Not Delay!
