Rule-making notices
Notice of Hearings
Agriculture, Trade and Consumer Protection
[
CR 02-121]
(reprinted from Mid-October Wis. Adm. Register)
Rule Related to Plant Inspection and Pest Control.
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on a proposed rule to repeal s.
ATCP 21.05 (3) (c); to renumber s.
ATCP 21.01 (10) to
(15); to repeal and recreate s.
ATCP 21.05 (3) (a) and
(b) and to create s.
ATCP 21.01 (9) and
(10) and s.
ATCP 21.16; relating to plant pests and certification and service fees. The department will hold two hearings at the time and places shown below. The department invites the public to attend the hearings and comment on the proposed rule. Following the public hearing, the hearing record will remain open until December 2, 2002, for additional written comments.
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Resource Management, 2811 Agriculture Drive, P.O. Box 8911, Madison WI 53708, or by calling (608) 224-4574. Copies will also be available at the hearings.
Hearing impaired persons may request an interpreter for these hearing. Please make reservations for a hearing interpreter by October 22, 2002, by contacting Paula Noel, Division of Agricultural Resource Management, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4574 or email
paula.noel@datcp.state.wi.us. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearings.
Hearing Date, Time and Location
Tuesday, October 29, 2002, 1:00 p.m. until 3:00 p.m.
WI Dept. of Agriculture, Trade & Consumer Protection
Room 266
2811 Agriculture Drive
Madison, WI 53718
Handicapped accessible
Wednesday, October 30, 2002, 1:00 p.m. until 3:00 p.m.
WI Dept. of Natural Resources Service Center
5301 Rib Mountain Road
Wausau, WI 54401
Handicapped accessible
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
This rule modifies fees for plant inspection and certification services. It also establishes import controls on hemlock plants and plant products, to prevent the introduction of a serious hemlock pest in this state.
Fees for Plant Inspection and Certification
The Wisconsin department of agriculture, trade and consumer protection (DATCP) inspects plants, plant products and bees (apiaries) at the request of persons who wish to export those products. DATCP provides this inspection service, for a fee, under ch.
94, Stats. Based on its inspection, DATCP certifies that the plants, plant products or bees are apparently free of harmful diseases and pests. DATCP establishes inspection and certification fees by rule. This rule modifies DATCP's current fee formula. This rule will increase fees for some requesters, and reduce fees for others.
Under the current fee formula, DATCP charges for mileage (32.5¢ per mile), food and lodging costs, plus $20 per hour for staff time. There is a minimum fee of $20 per inspection. Because most inspectors are based in Madison, charges increase with distance from Madison. DATCP also charges a fee of $15 per certificate issued. Current fees do not cover indirect costs related to general pest surveys, trapping and testing, although those activities provide important information for the certification process.
This rule establishes a new “flat" fee of $50 for each inspection certificate that it issues. There will be no other charge for inspection, travel, food or lodging costs (except for field inspections of crops). The flat fee will cover these costs, as well as a portion of DATCP's indirect costs for pest surveys, pest trapping and laboratory analysis. The flat fee is expected to generate approximately $30,000 in additional revenues for the program as a whole.
This rule establishes a lower fee of $15 for certificates that merely certify the identity or origin of plants or plant materials, without certifying that they are disease-free or pest-free. This rule maintains the current fee of $15 for ginseng shipment certificates issued under s.
94.50 (3), Stats.
The following table shows the current and proposed fees.
Activity or Certificate
|
Current Fee
|
Proposed Fee
|
Requested inspections of plants, plant products, bee colonies and related materials.
|
$20/hour for inspection and travel time plus vehicle mileage, meal and lodging expenses. Minimum charge is $20.
|
No separate fee, except for field inspections of crops (see below). Aggregate costs are covered by certificate charges (see below).
|
Field inspection of crops such as corn, sunflowers, soybeans, onions, potatoes, snap beans and turf.
|
$1.50 per acre (minimum $50), plus mileage, food and lodging expenses.
|
$1.50 per acre (minimum $50) plus mileage, food and lodging expenses.
|
Certification that materials are disease-free or pest-free (phytosanitary certificate, plant health certificate or apiary inspection certificate).
|
$15 per certificate.
|
$50 per certificate.
|
Ginseng shipment certificate.
|
$15 per certificate.
|
$15 per certificate.
|
Hemlock Woolly Adelgid; Import Controls
DATCP regulates the movement of plant pests under s.
94.01(1), Stats. Currently, the states of Alaska, California, Oregon and Washington, and portions of 13 other states, are infested with hemlock woolly adelgid. Hemlock woolly adelgid is a serious pest that kills native and ornamental hemlock trees, an important Wisconsin resource. This rule prohibits imports of the following items from infested areas identified in the rule:
•
Hemlock seedlings or nursery stock.
•
Hemlock logs or lumber with bark.
•
Uncomposted hemlock chips with bark.
•
Uncomposted hemlock bark.
This prohibition does not apply if any of the following apply:
•
A pest control official in the state of origin inspects the imported items and certifies any of the following in a phytosanitary certificate that accompanies the import shipment:
- That the items originate from non-infested premises and have not been exposed to hemlock woolly adelgid.
- That the items were found, at the time of inspection, to be free of hemlock woolly adelgid.
- That the items have been effectively treated to destroy hemlock woolly adelgid. The phytosanitary certificate shall specify the pesticide or other treatment used.
- That the items are produced, processed, stored, handled or used under conditions, described in the phytosanitary certificate, that effectively preclude the transmission of hemlock woolly adelgid.
•
The items are imported under a written agreement between the importer and DATCP. DATCP may cancel the agreement at any time. The agreement must specify import terms and conditions including:
- The name and address of the importer and import recipient.
- The proposed source and destination of each import shipment.
- The proposed import dates or time period.
- The items to be imported in each proposed shipment.
- The proposed size and frequency of import shipments.
- The proposed method of import.
- Required import conditions that will, in the department's opinion, effectively prevent the spread of hemlock woolly adelgid.
These import controls imposed by the rule would have some costs in terms of notifying affected industries but could be absorbed by existing staff. The department will present information through development of written material, press releases, and cooperative efforts with affected industries. Ongoing duties would be to monitor industry compliance with the rule. Industry compliance is already monitored for other sections of
ATCP 21 and this new section would be a small addition.
Fiscal Estimate
The changes in the inspection and certification service fees would increase revenues to a program revenue account. Existing fees do not cover actual expenses of the program. The new fee structure will allow the department to recover the cost of administering the phytosanitary program.
Initial Regulatory Flexibility Analysis
Fees for Plant Inspection and Certification & Hemlock Woolly Adelgid; Import Controls
This rule repeals and recreates Wisconsin's current Inspection and Certification rules. This rule creates a fee of $50.00 per certificate, which will include mileage, meals, lodging and staff time for inspection and travel. The current fee for certification is $15.00 for a certificate, plus mileage (.325 cents/mile), meals, lodging and staff time ($20.00/hour, with a $20.00 minimum) for inspection and travel.
This rule also creates import controls for hemlock woolly adelgid, a serious pest of hemlock trees in the eastern US. This insect has been intercepted on nursery stock in other states and can possibly be spread by logs, mulch or bark chips of hemlock trees.
Small Businesses Affected by this Rule
A “small business," as defined in s.
227.114 (1) (a), Stats., means a business entity, including its affiliates, which is independently owned and operated and not dominant in its field, and which employs fewer than twenty-five full-time employees or which has gross annual sales of less than $2,500,000.
Small nurseries and sole proprietors shipping interstate or internationally are the small businesses that will be affected by this rule.
Effects on Small Business
This rule may have some impact on nurseries in Wisconsin that purchase hemlock nursery stock from states infested with hemlock woolly adelgid, because costs incurred by nurseries in other states to meet our requirements may be passed along to the receiving nurseries in Wisconsin. There would be no extra skills required since nurseries deal with similar certificates for other plant pests.
The fee increase for certificates ($15 to $50) may decrease the number of certificates issued by a small amount. Some businesses, mostly larger enterprises, request certificates as a sort of insurance policy; the country to which they are exporting doesn't require a certificate but having one expedites the importation of the commodity. Many of the companies will pass the increased cost onto their customers.
