- Persons who are solely engaged in transporting their own animals.
- Persons who are solely engaged in the following activities:
* Hauling animals on an occasional basis for persons participating in a livestock exhibition, fair, trail ride, youth livestock event or similar activity.
* Hauling animals on an incidental basis in connection with another business, such as a veterinary practice or a stable operation, does not ordinarily involve the sale of animals.
* Hauling animals for other persons fewer than 6 times per year.
•A person must do all the following to obtain a license (no change from current rules):
- Submit a complete license application.
- Pay license fees. There is a basic annual fee of $30, plus a $10 fee for each vehicle used to transport livestock or wild animals (no fee change from current rules).
- Register all vehicles used to transport livestock or wild animals.
- Pass a test administered by DATCP. No test is required for the renewal of an existing license.
•DATCP must act on a license application within 30 business days after the applicant submits a complete application and takes any required test (no change from current rules).
•DATCP may deny, suspend or revoke a license for cause, including violation of animal health or humane laws (no change from current rules).
•An animal trucker must do all of the following (this rule reorganizes, but does not change, current rules):
- Maintain properly equipped vehicles.
- Properly identify animals.
- Keep proper records.
- Transport and handle animals in a safe and humane manner.
•An animal trucker may not:
- Commingle different animal species on the same transport vehicle.
- Transport diseased or downer animals with healthy animals on the same transport vehicle (there is a limited exception for slaughter shipments).
Animal Transport Vehicles
Under current rules and this rule, an animal dealer, animal market operator or animal trucker must register every vehicle that the person uses to transport livestock or wild animals. The operator must register annually and pay an annual fee of $10 per vehicle. DATCP must grant or deny a registration application within 30 business days after the person submits a complete application.
Under current rules and this rule, the following requirements apply to every vehicle that an animal dealer, animal market operator or animal trucker uses to transport livestock or wild animals:
•The vehicle must be properly identified with the operator's name and business address, the operator's DATCP license number(s), and the DATCP vehicle registration number.
•The vehicle must be properly constructed and equipped to handle each type of animal transported.
•The vehicle must be kept in a clean and sanitary condition.
Fiscal Estimate
The rule will not have a major impact on State or Local government resources. This rule;
1) Implements Wisconsin's Captive Wildlife Law (
2001 Wis. Act 56), which took effect on January 1, 2003.
2) Modifies related animal health rules administered by the Department of Agriculture, Trade and Consumer Protection (DATCP).
3) Coordinates animal disease control activities of DATCP and the Department of Natural Resources (DNR).
Some of these changes will increase the workload in the department, however it is anticipated that the workload generated can be absorbed.
Initial Regulatory Flexibility Analysis
This rule affects the following businesses, among others:
•Deer farmers.
•Deer hunting preserve operators.
•Persons raising poultry and farm-raised game birds.
•Persons importing animals to this state.
•Wild animal dealers, truckers and market operators.
Many of those affected are “small businesses" as defined in s.
227.114 (1) (a), Stats.
Effects on Small Business
This rule adds regulatory requirements for some businesses, but these requirements are necessary for animal disease control and not expected to impose an undue burden. The new Captive Wildlife Law mandates some of the requirements.
In some cases, this rule gives affected businesses wider latitude to choose a preferred method of compliance. This rule will benefit affected businesses by clarifying regulatory requirements, and coordinating DATCP and DNR regulation.
This rule imposes new fees related to deer hunting preserves. The new fee ($150 for a 10-year hunting preserve certificate) is modest, and is needed to defray costs of providing inspections newly mandated by the Legislature. This rule requires deer farm operators, including hunting preserve operators, to identify dead animals with “dead tags" purchased at cost from DATCP. The “dead tags" are needed for disease control and traceback, including chronic wasting disease control.
This rule codifies, but does not increase, current fees for poultry and farm-raised game bird operators that wish to participate in the National Poultry Improvement Plan. The fees are modest ($20-200, depending on flock size and type), and merely cover DATCP's cost to provide inspections and services required under the National Poultry Improvement Plan.
The rule expands current regulation of livestock truckers, dealers and markets to include entities that handle wild animals. This change was mandated by the Legislature. The change could have a substantial impact on wild animal markets, dealers and truckers, which will now have to comply with the same regulations that apply to livestock markets, dealers and truckers. However, DATCP does not believe that many “small businesses" will be affected.
This rule will require health certificates (certificates of veterinary inspection) for the import of certain animals that can now be imported without a certificate. This rule also requires persons importing wild animals to obtain a permit for DATCP (there is no charge for the permit). The new import requirements are consistent with current requirements for livestock, are needed to control serious diseases that may be spread by these animals, and which are not adequately addressed by current import controls.
This rule will add some record keeping requirements, especially for deer hunting preserves, wild animal markets, and wild animal dealers and truckers.
Steps to Assist Small Business
In some cases, this rule gives affected businesses wider latitude to choose a preferred method of compliance. For example, this rule:
•Authorizes alternative forms of “official individual identification" of animals.
•Provides more flexibility related to the timing of required tuberculosis tests.
•Makes it easier and cheaper for deer farm operators to have test samples collected for chronic wasting disease tests. Under current rules, a veterinarian must collect the samples at the herd premises. Under this rule, the deer farm operator may send the deer head to the veterinarian who collects the test sample from the brain.
This rule will benefit affected businesses by clarifying regulatory requirements, and coordinating DATCP and DNR regulation. This rule provides a “one stop" clearinghouse for animal disease reporting and health certificate filing.
Conclusion
This rule will have an impact on small business. In most cases, this rule will not have a significant adverse impact. And in some cases, it will have a positive impact. DATCP has attempted to minimize adverse effects on small business. Effects, if any, are necessary to ensure more effective control of serious animal diseases that may affect humans, domestic animals and wild animals.
Notice of Hearing
Agriculture, Trade and Consumer Protection
(Reprinted from 12/31/03 Register)
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold a public hearing on 2 proposed rules that do the following:
•Amend ch.
ATCP 35, Wis. Adm. Code, relating to the agricultural chemical cleanup program.
•Amend
ch.
ATCP 40, Wis. Adm. Code, relating to fertilizer tonnage fee surcharges used to fund the agricultural chemical cleanup program.
The department will hold one hearing, covering both rules, at the time and place shown below. The department invites the public to attend the hearing and comment on the proposed rules. Following the public hearing, the hearing record will remain open until January 31, 2004, for additional written comments.
You may obtain free copies of the rules 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) 224-4523. Copies will also be available at the hearing.
Hearing impaired persons may request an interpreter for this hearing. Please make reservations for a hearing interpreter by January 19, 2004, by writing to Judy Testolin, Division of Agricultural Resource Management, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4523. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearing.
The hearing is scheduled :
Thursday, January 22, 2004, 2:00 p.m. until 5:00 p.m.
Alliant Energy Center
1919 Alliant Energy Center Way
Monona – Wingra Room (Second Floor)
Madison, WI 53713
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Agricultural Chemical Cleanup Program (ATCP 35).
Statute Interpreted: s.
94.73, Stats.
The Department of Agriculture, Trade and Consumer Protection (DATCP) currently administers an agricultural chemical cleanup program under s.
94.73, Stats. This program is designed to clean up spills of agricultural chemicals and minimize environmental contamination. Under this program, DATCP may reimburse a portion of the eligible cleanup cost.
DATCP has adopted rules, under ch.
ATCP 35, Wis. Adm. Code, to govern this program. This rule modifies current rules. Among other things, this rule implements statutory changes enacted in
2003 Wis. Act 33 (biennial budget act).
Landspreading Soil from Cleanup Sites
In appropriate cases under current rules, a cleanup operation may include landspreading of soils contaminated with spilled fertilizers or pesticides. Landspreading may reduce the concentration of the fertilizer or pesticide, and may provide an economical and potentially useful disposal option.
This rule clarifies that a person who landspreads soil contaminated with a pesticide is, for purposes of pesticide applicator licensing and certification, engaged in the application of that pesticide. The person must be licensed and certified to spread the pesticide-contaminated soil, to the same extent as if the person were applying the pesticide.
Costs to Remove Existing Structures
In some cases, it may be necessary to remove existing structures in order to clean up a spill site. Current rules generally prohibit DATCP from reimbursing costs incurred for the removal of existing structures. But DATCP may reimburse costs to remove certain concrete or asphalt structures (containment structures, parking areas, roadways, curbs and sidewalks) if DATCP pre-approves the removal after finding that the removal is less expensive than other cleanup alternatives.
Under current rules, DATCP may also reimburse costs to remove and reinstall certain movable structures or equipment, or to replace certain fixtures (such as fences and utility lines) that were in good operating condition when removed for the cleanup.
This rule changes and clarifies the current rules. Under this rule, DATCP may reimburse all the following:
•Costs to remove any concrete or asphalt (not just the concrete or asphalt structures identified in the current rules) if DATCP pre-approves that removal after finding that it is less expensive than other cleanup alternatives. Under this rule, as under current rules, DATCP may reimburse the depreciated value of the concrete or asphalt, as well as the costs of removal and disposal. However, DATCP may not reimburse the cost of replacing the concrete or asphalt.
•Costs to install engineered barriers, to limit infiltration of existing contamination. The responsible person must agree to maintain the barrier at his or her expense.
•Temporary removal and reinstallation of a surface, structure, fixture or equipment item that is removed intact, and returned intact to its original use and approximate original location.
