Under current DATCP rules, poultry and farm-raised game birds exhibited at fairs, swap meets and like events must be tested prior to the event, or must originate from a flock enrolled in the national poultry improvement plan. This national plan requires routine flock inspections, and yearly testing of all sexually mature birds. Plan enrollment fees vary by flock size and type, and range from $20 to $200. The flock owner must also pay all testing costs.
The national poultry improvement plan is designed for large commercial operations, and compliance costs for small poultry producers may be prohibitive. Small producers who cannot afford to enroll in the national plan are effectively prohibited from selling, moving or exhibiting their birds in many cases.
This rule provides new, more cost-effective disease monitoring options for small poultry producers. This will allow more small producers to sell, move and exhibit their birds. It will encourage more disease testing and monitoring by small producers, and will reduce illegal movement and exhibition of birds. These changes will improve the overall control and monitoring of poultry diseases in this state, and will help to protect human and animal health. DATCP is adopting this rule as an emergency rule so that the improvements can be implemented as soon as possible, and in time for the 2006 fair and exhibition season.
Key Rule Changes
Under this rule, a flock owner who is not enrolled in the national poultry improvement program may nevertheless sell or move poultry for breeding, hatching or exhibition if the flock is enrolled as a Wisconsin tested flock or
Wisconsin associate flock.
A flock may be enrolled as a Wisconsin tested flock if the flock owner tests annually for Salmonella pullorum, fowl typhoid and, in the case of turkeys, Mycoplasma gallisepticum. A flock may be enrolled as a Wisconsin associate flock if it consists entirely of birds obtained from a Wisconsin tested flock. There is no charge to enroll in either program. DATCP will issue certificates that flock owners can use to document enrollment.
Fiscal Impact
This rule will have no fiscal impact on local government and an insignificant impact on DATCP. DATCP will incur added staff and administrative costs to administer the new poultry flock certification program, but expects to absorb the additional workload with existing staff and appropriations. There is no fee for flock owners to enroll in the program.
Business Impact
This rule affects poultry producers, many of which are “small businesses." This rule will have a positive impact on small poultry producers, and will have little or no effect on large producers. Current rules prohibit the sale or distribution of poultry or eggs, for breeding, hatching or exhibition, unless they originate from flocks enrolled in the national poultry improvement plan and meet disease-free classification standards under that plan. However, the national poultry improvement plan is primarily designed for large poultry producers, and may not be cost-effective for small producers. This rule provides cost-effective disease monitoring options that will provide greater market access for small producers.
Under
2003 Wis. Act 145, DATCP and other agencies must adopt rules spelling out their rule enforcement policy for small businesses. DATCP has not incorporated a small business enforcement policy in this rule, but has proposed a separate rule on that subject. DATCP will, to the maximum extent feasible, seek voluntary compliance with this rule.
Federal and Surrounding State Programs
Federal Programs
DATCP administers animal disease control programs in cooperation with the United States department of agriculture, animal and plant health inspection service (“the federal bureau"). DATCP and the federal bureau cooperate in the administration of the national poultry improvement plan, which is governed by
9 CFR 145 and
147. The plan is primarily designed for large poultry producers, and may be cost-prohibitive for small producers.
Plan participation is voluntary, but poultry producers must enroll their flocks in order to move birds in interstate commerce. Current Wisconsin rules further limit movement and exhibition of poultry within this state, except from enrolled flocks. This rule provides more cost-effective alternatives for small poultry producers, giving them more market access.
Surrounding State Programs
Poultry programs in surrounding states are broadly comparable to those in Wisconsin.
All surrounding states (Iowa, Michigan, Minnesota, and Illinois) require testing of poultry for Salmonella pullorum, fowl typhoid and, in the case of turkeys, Mycoplasma gallisepticum. For in-state movement, for purposes other than exhibition, poultry other than turkeys must originate from flocks that have a pullorum-typhoid clean rating under the national poultry improvement plan. Turkeys must be tested for Mycoplasma gallisepticum according to the national poultry improvement plan.
Poultry testing requirements for exhibition vary slightly between states. Generally speaking, exhibited poultry must originate from flocks that comply with the national poultry improvement plan, or they must test negative for pullorum-typhoid (and, in the case of turkeys, for Mycoplasma gallisepticum) within 90 days of the exhibition.
DATCP Contact
Questions and comments related to this rule may be directed to:
Melissa Mace
Department of Agriculture, trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone (608) 224-4883
Notice of Hearing
Agriculture, Trade and Consumer Protection
Rule related to minor remedial drafting changes of department rules.
The state of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold a public hearing on a proposed rule that make minor remedial drafting changes to a number of department rules.
DATCP will hold one public hearing at the time and place shown below. DATCP invites the public to attend the hearing and comment on the proposed rule. Following the public hearing, the hearing record will remain open until Friday, April 21, 2006 for additional written comments. Comments may be sent to the Office of Legal Counsel, at the address below, by email to
karen.schultz@datcp.state.wi.us or online at
https://apps4.dhfs.state.wi.us/admrules/public/Home
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Office of Legal Counsel, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-5023 or emailing
karen.schultz@datcp.state.wi.us. Copies will also be available at the hearings. To view the proposed rule online, go to:
To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to
Keeley.Moll@datcp.state.wi.us or by telephone at (608) 224-5039.
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by April 5, 2006, by writing to Karen Schultz, Office of Legal Counsel, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-5023. Alternatively, you may contact the DATCP TDD at (608) 224-5058. Handicap access is available at the hearings.
Hearing Dates and Locations
Thursday, April 13, 2006
1:00 p.m. to 3:00 p.m.
Department of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive, Room 172
Madison, WI 53718
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
This rule makes technical changes to a number of current rules administered by the Department of Agriculture, Trade and Consumer Protection (“DATCP"), related to a variety of topics. This rule describes the discretion that DATCP may exercise in the enforcement of regulations against small business.
Statutory Authority
Statutory Authority:
ss.
93.07 (1),
92.05 (3) (c),
92.14 (8),
93.50 (2) (f),
94.72 (13) (a),
95.197 (2),
95.71 (8),
97.09 (4),
97.20 (4),
97.22 (8),
97.41 (2) and
(5),
98.03 (2),
98.18 (2), and
895.59, Stats.
Statutes Interpreted: ss.
92.05,
92.14,
94.72,
95.197,
95.71,
97.20,
97.22,
97.41,
98.03,
98.18,
93.50, and
895.59, Stats.
DATCP has broad authority under 93.07(1) to adopt rules needed to implement laws under its jurisdiction. Under s.
895.59, Stats. (created by
2003 Wisconsin Act 145), DATCP is required to adopt rules describing the discretion that it may exercise in enforcement of its regulations against small businesses. DATCP has specific authority, under the provisions cited above, to adopt rules related to each of the topics addressed by this rule.
Rule Content
Small Business Enforcement Discretion
Under s.
895.59, Stats. (created by
2003 Wisconsin Act 145), state agencies are required to adopt rules describing the discretion they may exercise when enforcing regulations against small businesses. This rule describes the discretion that DATCP may exercise when enforcing regulations against small businesses. DATCP already exercises enforcement discretion, as described in this rule.
Technical Changes to Current Rules
This rule also makes minor technical changes to a number of rules administered by the DATCP. This rule does all of the following:
Conforms fertilizer tonnage fee (agricultural chemical cleanup surcharge) to current statute The department is currently charging the (lower) statutory fee, not the obsolete (higher) fee that appears in the current rule (ATCP 40).
• Updates technical standards that are incorporated by reference in current commercial feed rules (ATCP 42). The updates refer to the latest edition (2006) of the official publication of the Association of American Feed Control Officials.
Updates current standards for the professional certification of agricultural engineering practitioners. The revised standards address new agricultural engineering practices, and the planning phases of engineering projects. The revisions also make minor changes to job class criteria for some existing practices, reflecting changes in technology and scale of current projects. DATCP coordinated these revisions with the United States Department of Agriculture (NRCS) and county land conservation departments, including practitioners who serve federal, state and county conservation programs.
Clarifies DATCP's meat holding order and condemnation authority (ATCP 55).
Corrects inconsistent rules related to the legal “shelf life" of smoked fish (one rule says 17 days, the other says 21 days). This rule says 21 days.
• Changes current dairy plant rules (ATCP 80) to make them consistent with current federal standards. This includes minor technical changes related to pasteurization standards, thermometers and temperature readings, as well as updates to technical standards incorporated by reference (ATCP 80 Appendix). The updates refer to the latest editions of the 3-A Sanitary Standards and Accepted Practices published by the 3-A Sanitary Standards, Inc.
• Updates technical standards that are incorporated by reference in current weights and measures rules (ATCP 92). The updates refer to the latest editions (2006) of current weights and measures handbooks published by the National Institute of Standards and Technology.
Clarifies, per current statutes, that local weights and measures inspectors must be civil service employees (conforms rule to current statute).
Eliminates minor obsolete accounting provisions (in ATCP 105) related to the calculation of cigarette “cost" for purposes of the Unfair Sales Act (“minimum markup law").
Clarifies the relationship between DATCP's home improvement code (ATCP 110) and basement waterproofing code (ATCP 111), both of which apply to basement waterproofing services.
Clarifies prohibition against misleading charity claims in coupon book schemes (ATCP 131).
• Repeals current rules related to dairy cattle grades (ATCP 158), because the rules are obsolete and no longer used.
• Corrects typographical errors and cross-references, eliminates obsolete provisions, conforms rules to current statutes, creates clarifying notes, and makes other non-substantive drafting and organizational changes to current rules.
Pursuant to s.
227.21, Stats., DATCP will request permission from the Attorney General and the Revisor of Statutes to incorporate each updated technical standards by reference.
Fiscal Estimate
DATCP already exercises enforcement discretion, as described in this rule, so the effect will be minimal. Fines and forfeitures are paid to the state school fund, not DATCP. Other provisions of this rule will have no fiscal effect on DATCP or local units of government.
Business Impact
DATCP already exercises enforcement discretion, as described in this rule. The current exercise of discretion prevents unnecessary costs to small businesses. The codification of DATCP's current enforcement policy will not change that policy, or have a major additional impact on business. The other provisions of this rule will have no significant effect on business.
Federal Regulations
Several of the technical changes in this rule will make DATCP rules consistent with current federal standards. Otherwise, there are no existing or proposed federal regulations similar to this rule.
Surrounding State Programs
Surrounding states (Illinois, Indiana, Iowa, Michigan and Minnesota) do not have comparable rules, except that some use comparable technical standards.
Notice of Hearings
Health and Family Services
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a),
254.34 (1) (a),
254.35 (3) (g),
254.365 (4) and
254.37 (3), Stats., and interpreting ss.
254.31 to
254.45, Stats., and
42 USC 2011 to
2114, the Department of Health and Family Services will hold public hearings to consider the proposed creation, repeal, repeal and recreation and amendment of portions of chapter HFS 157 Radiation Protection, relating to the regulation of radiation producing devices and radioactive materials and affecting small businesses.
Hearing Date(s) and Location(s)
Tuesday, April 18, 2006, 10:00 - 11:30 a.m.
Medical College of Wisconsin
8701 Watertown Plank Rd. (Rm. HRC 1210)
Milwaukee, WI
Thursday, April 20, 2006, 10:00 - 11:30 a.m.
1 W. Wilson St.
Rm. B139
