• Falsely representing in negotiations with a grower that any particular lot or crop of tobacco was purchased at less than the price actually paid, or that another tobacco buyer has or will cease buying tobacco.
• Purchasing tobacco under any contract which does not include a specific time within which delivery and payment are to be made.
• Giving or offering to give any grower any secret or separately stated bonus, commission, payment, or other consideration.
The existing rule also prohibits tobacco growers or sellers from soliciting or receiving any secret or separately stated bonus, commission, payment or other consideration.
This rule was originally promulgated as Department of Agriculture General Order #138 in 1952. At that time, tobacco farming was a prominent business in Wisconsin, and much of the crop was sold in cash markets at the conclusion of the growing season. This rule was necessary to ensure fair transactions between growers and buyers.
Today, the crop is generally produced and sold under contract (as opposed to a cash market at the end of the season). This means that ch.
ATCP 104, Wis. Adm. Code, as it is currently written, is irrelevant to the current industry.
Rule Content
This rule would repeal chapter ATCP 104, Leaf Tobacco, Buying and Selling, in its entirety.
Summary of, and comparison with, existing or proposed federal statutes and regulations
There are no known federal statutes or regulations (existing or proposed) that are comparable to ch.
ATCP 104, Wis. Adm. Code.
Comparison with rules in adjacent states
There are no known rules in adjacent states that are comparable to ch.
ATCP 104, Wis. Adm. Code.
Summary of factual data and analytical methodologies
This proposed rule simply deletes an unused chapter from the administrative code. It does not rely on factual or analytical data other than anecdotal information that growing under contract has replaced cash markets.
Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis
Since repealing the rule has no effect on business (see above), no analysis is required under this section.
Effect on Small Business
This proposed rule would simply delete an outdated and obsolete chapter of the administrative code. DATCP does not anticipate any effect on small business.
DATCP Contact Person
Questions and comments related to this rule may be directed to
Jennifer Heaton-Amrhein
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone (608) 224-5164
Initial Regulatory Flexibility Analysis
Rule Subject: Leaf Tobacco Buying and Selling
DATCP Docket #: 14-R-01
Rule summary
This rule would repeal chapter ATCP 104, Leaf Tobacco, Buying and Selling, in its entirety.
Background
The existing ch.
ATCP 104, Wis. Adm. Code, prohibits leaf tobacco buyers from engaging in certain practices:
• Attempting to induce another tobacco buyer to engage in specific activities that would artificially manipulate the market price for tobacco.
•
Refusing to negotiate with any grower for the purchase of tobacco because such tobacco was previously graded or submitted for grade.
•
Falsely representing in negotiations with a grower that any particular lot or crop of tobacco was purchased at less than the price actually paid, or that another tobacco buyer has or will cease buying tobacco.
•
Purchasing tobacco under any contract which does not include a specific time within which delivery and payment are to be made.
•
Giving or offering to give any grower any secret or separately stated bonus, commission, payment, or other consideration.
The existing rule also prohibits tobacco growers or sellers from soliciting or receiving any secret or separately stated bonus, commission, payment, or other consideration.
This rule was originally promulgated as Department of Agriculture General Order #138 in 1952. At that time, tobacco farming was a prominent business in Wisconsin, and much of the crop was sold in cash markets at the conclusion of the growing season. This rule was necessary to ensure fair transactions between growers and buyers.
Today, the crop is generally produced and sold under contract (as opposed to a cash market at the end of the season). This means that ch.
ATCP 104, Wis. Adm. Code, as it is currently written, is irrelevant to the current industry.
Small Business affected
The existing rule regulates certain transactions between tobacco growers and tobacco manufacturing or brokerage firms. Tobacco growers are likely to be small businesses. However, the existing rule is limited to regulating cash-market transactions for tobacco leaves (which would occur after the crop is harvested). Wisconsin grown tobacco is no longer traded with this type of transaction. Instead, Wisconsin tobacco growers generally grow and sell on contracts that are negotiated before the growing season begins. Therefore, the existing rule is obsolete and has no effect on small business.
This proposed rule would simply delete an outdated and obsolete chapter from the administrative code. DATCP does not anticipate any effect on small business.
Reporting, bookkeeping, and other procedures
The proposed rule does not require any additional reporting, bookkeeping or other procedures.
Professional skills required
The proposed rule does not require and additional professional skills.
Accommodation for small business
This proposed rule would simply delete an outdated and obsolete chapter of the administrative code, and does not have any effect on small business. Therefore, no accommodation is necessary.
Conclusion
This rule does not have any impact on businesses, including “small businesses." It is not subject to the delayed “small business" effective date provided in s.
227.22 (2) (e), Stats.
ADMINISTRATIVE RULES
FISCAL ESTIMATE
AND ECONOMIC IMPACT ANALYSIS
|
Type of Estimate and Analysis
|
X Original ⍽ Updated ⍽ Corrected
|
Administrative Rule Chapter, Title and Number
|
Ch. ATCP 104 Leaf Tobacco Buying and Selling
|
Subject
|
Leaf Tobacco Buying and Selling
|
Fund Sources Affected
|
Chapter 20 , Stats. Appropriations Affected
|
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
|
|
Fiscal Effect of Implementing the Rule
|
X No Fiscal Effect
Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
⍽ Increase Costs
⍽ Could Absorb Within Agency's Budget
⍽ Decrease Costs
|
The Rule Will Impact the Following (Check All That Apply)
|
⍽ State's Economy
⍽ Local Government Units
|
⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
|
Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
|
Policy Problem Addressed by the Rule
|
The existing rule regulates certain transactions between tobacco growers and tobacco manufacturing or brokerage firms. However, the existing rule is limited to regulating cash-market transactions for tobacco leaves (which would occur after the crop is harvested). Wisconsin grown tobacco is no longer traded with this type of transaction. Instead, Wisconsin tobacco growers generally grow and sell on contracts that are negotiated before the growing season begins. Therefore, the existing rule is obsolete.
This proposed rule would simply delete an outdated and obsolete chapter from the administrative code.
|
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
This proposed rule would simply delete an outdated and obsolete chapter from the administrative code. DATCP does not anticipate that it would have any economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local governmental units, or the state's economy as a whole.
|
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
Benefits
This proposed rule removes an obsolete and unneeded chapter from the Administrative Rules.
Alternatives
DATCP could leave ch. ATCP 104, Wis. Stats. in place. The rule is obsolete, and does not impose any costs or benefits on tobacco growers or tobacco buyers.
DATCP could also modify the rule to make it more relevant to contemporary leaf-tobacco transactions.
|
Long Range Implications of Implementing the Rule
|
See the discussions above.
|
Compare With Approaches Being Used by Federal Government
|
There are no known federal statutes or regulations (existing or proposed) that are comparable to ch. ATCP 104, Wis. Adm. Code.
|
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
There are no known rules in adjacent states that are comparable to ch. ATCP 104, Wis. Adm. Code.
Comments Received in Response to Web Posting and DATCP Response
No comments were received in response either to the posting on the DATCP external website or the statewide administrative rules website.
|
Notice of Rulemaking Pursuant to
s.
186.118 (2), Stats.
Financial Institutions — Credit Unions
The Department of Financial Institutions has promulgated a rule creating Chapter
DFI-CU 75, as required by Section
186.118 (2), Wis. Stats., which reads as follows:
186.118 (2) (a) The office of credit unions shall promulgate a rule establishing a list of activities and powers incidental to the business of a credit union that are authorized for federally chartered credit unions as of April 18, 2014.
(b) The office of credit unions shall submit the proposed rule under par. (a) to the legislative reference bureau in an electronic format approved by the legislative reference bureau, and the legislative reference bureau shall publish the proposed rule in the notice section of the Wisconsin administrative register under s.
35.93, Stats.
(c) Sections
227.114 (4) and
(6),
227.115,
227.135,
227.137,
227.14 (2) (a) 6.,
(2g),
(4), and
(4m),
227.15,
227.16,
227.17,
227.18,
227.185,
227.19, and
227.30 do not apply to the office of credit unions in promulgating a rule under par. (a) or to any rule promulgated by the office of credit unions under par. (a). Guidelines prescribed by executive order of the governor do not apply to the office of credit unions in promulgating a rule under par. (a).
Text of Rule
The text of Chapter
DFI-CU is as follows:
Chapter DFI—CU 75
AUTHORIZED INCIDENTAL POWERS ACTIVITIES
DFI—CU 75.01 Purpose. The purpose of this chapter is to set forth a list of incidental powers activities that are authorized for federally chartered credit unions and in which Wisconsin-chartered credit unions may engage, pursuant to s.
186.118, Stats.
DFI—CU 75.02 Interpretation. The interpretation of rules in this chapter shall be coordinated with and parallel to the interpretation of federal laws and regulations from which these rules are derived, except as otherwise provided for by Wisconsin law.
DFI—CU 75.03 Definitions. In this chapter:
(2) “Charitable contributions and donations" has the meaning set forth in
12 C.F.R. s. 721.3(b)(1).
DFI—CU 75.04 Incidental powers activities. The following incidental powers activities are preapproved for Wisconsin-chartered credit unions:
(1) Certification services.
(2) Charitable contributions and donations.
(3) Charitable donation accounts.
(4) Correspondent services.
(5) Electronic financial services.
(6) Excess capacity.
