Rule-Making Notices (Hearing Notices)

Rule-Making Notices

Notice of Hearings

Agriculture, Trade and Consumer Protection

rulemaking_notices CR 14-047 CR 14-047

(DATCP DOCKET # 14-R-03)

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold a public hearing on a proposed rule relating to minor and technical changes to multiple department chapters: Chapters ATCP 21, 29, 30, 33, 35, 40, 42, 49, 50, 71, 90, 91, 92, 94, 105, 123, 127, and 161

Rule Relating to: Plant inspection and pest control, pesticide use and control; pesticide product restrictions; fertilizer and pesticide bulk storage; agricultural chemical cleanup program; fertilizer and related products; commercial feed; farmland preservation; soil and water resource management program; food warehouses and bulk milk distributors; fair packaging and labeling; selling commodities by weight, measure or count; weights & measures; petroleum and other liquid fuel products; sales below cost; electronic communication services; direct marketing; agricultural development and market promotion.

Hearing Information

Date:   Thursday, August 28, 2014
Time:   10:00 a.m. to 11:00 a.m.
Location:   Department of Agriculture, Trade and
  Consumer Protection
  2811 Agriculture Drive, Room 411
  Madison, WI 53718

Hearing impaired persons may request an interpreter for this hearing. Please make reservations for a hearing interpreter by August 20, 2014, by writing to Kelly Monaghan, Office of the Secretary, P.O. Box 8911, Madison, WI 53708-8911; or by emailing [e-mail]; or by telephone at [phone]. Alternatively, you may contact the DATCP TDD at [phone]. The hearing facility is handicap accessible.

Appearances at the Hearing and Copies of Proposed Rule

DATCP will hold one public hearing at the time and place shown above. DATCP invites the public to attend the hearings and comment on the proposed rule. Following the public hearing, the hearing record will remain open until September 10, 2014 for additional written comments. Comments may be sent to the Office of the Secretary at the address below, or to [e-mail], or to http://adminrules.wisconsin.gov.

You can obtain a free copy of this hearing draft rule and related documents including the economic impact analysis by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Office of the Secretary, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling [phone] or by emailing [e-mail]. Copies will also be available at the hearing. To view the hearing draft rule online, go to: http://adminrules.wisconsin.gov.

Place Where Comments are to be Submitted and Deadline for Submission

Questions and comments related to this rule will be accepted until September 10, 2014, and may be directed to:

Kelly Monaghan

Department of Agriculture, Trade and Consumer Protection

2811 Agriculture Drive

Madison, WI 53718

Telephone: [phone]

E-Mail: [e-mail]

Comments or concerns relating to small business may also be addressed to DATCP's small business regulatory coordinator Keeley Moll at the address above, or by email to [e-mail], or by telephone at [phone].

Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection

This rule makes minor technical changes to a number of current rules administered by the department of agriculture, trade and consumer protection (“DATCP").

Statutes interpreted

Sections 91.02, 92.05, 93.48, 94.01(1), 94.64, 94.65, 94.69, 94.72, 94.73, 97.27, 98.07, 100.20, and 100.30, Stats., and ch. 168, Stats.

Statutory authority

Sections 91.02, 92.05 (3) (c), 93.07 (1), 93.48 (1), 94.01 (1), 94.64 (9), 94.65 (9), 94.69 (1), 94.72 (13), 94.73 (11), 97.27 (5), 98.07 (4), 100.20 (2) (a), 100.30, Stats., and ch. 168, Stats.

Explanation of statutory authority

DATCP has general authority, under s. 93.07 (1), Stats., to adopt rules to interpret laws under its jurisdiction. It also has specific rulemaking authority related to various matters addressed by this rule (see above). This rule makes minor changes to a number of different rules administered by DATCP. The changes are adopted under essentially the same authority used to adopt the original rules.

Related rules or statutes

This rule is not substantially affected by statutes or rules other than those identified in this rule.

Plain language analysis

This rule makes minor or technical changes to a number of current DATCP rules. This rule does all of the following:

Plant Inspection and Pest Control

Makes a small change indicating that a state plant regulatory official, rather than a U.S. department of agriculture official, may now declare an area to be infested with thousand cankers disease.

Pesticide Use and Control

•   Decreases licensing fees and surcharges to be consistent with recent statutory changes.

•   Corrects spelling and capitalization errors.

•   Changes several notes to provide online resources for certification, training and examination materials.

Pesticide Product Restrictions

•   Corrects incorrect references to subsections and the misspelling of “strychnine."

•   Amends notes to update website addresses.

•   Removes outdated reference to treatment of aldicarb from the 1980s.

•   Incorporates by reference the most recent edition of the current rule standard concerning pesticide poisonings.

•   Modifies the record keeping provision relating to chloropicrin to reflect that soil temperature at the time of application is not required to be kept.

Fertilizer and Pesticide Bulk Storage

•   Incorporates by reference the most recent edition of minimum design standards for concrete agrichemical containment.

•   Updates sections relating to the use of tarps for dry fertilizer unloading from railway cars and sections relating to asphalt and concrete block structures.

Agricultural Chemical Cleanup Program

•   Amends references required by the renumbering of an administrative code chapter relating to the department of natural resources and corrects a statutory reference to “hazardous substance."

Fertilizer and Related Products

•   Decreases various license and tonnage fees and surcharges to be consistent with recent statutory changes.

•   Incorporates by reference the most recent edition of the current rule standard concerning fertilizers.

Commercial Feed

Updates the technical standards in the current rule to the most recent versions. Several notes have been modified to add more information about obtaining electronic copies of those publications.

Farmland Preservation

Makes a small change to add language into the zoning section to match language used in the planning section.

Soil and Water Resource Management Program

Updates several sections to reference the current versions of technical standards.

Food Warehouse and Bulk Milk Distributors

Corrects an outdated fee structure relating to the re-inspection of small warehouses which hold non-potentially hazardous foods versus those that hold potentially hazardous foods.

Fair Packaging and Labeling; Selling Commodities by Weight, Measure or Count; Weights and Measures; Petroleum and Other Liquid Fuel Products

Corrects small grammatical errors and updates the technical reference to cite the current NIST Handbook.

Sales Below Cost

Corrects a grammatical error.

Electronic Communications Services

Aligns the rule with recent legislature changes.

Direct Marketing

Deletes a note no longer necessary in that section.

Agricultural Development and Market Promotion

Amends the “Buy Local" section to reflect a statute change that directs the matching requirement to be an amount at least equal to the grant amount.

Standards Incorporated by Reference

Pursuant to s. 227.21, Stats., DATCP has requested permission from the Department of Justice to incorporate the updated technical standards incorporated by reference in this rule. Copies of the updated standards will be kept on file with DATCP and the Legislative Reference Bureau.

Summary of, and comparison with, existing or proposed federal statutes and regulations

The technical rule changes proposed in this rule will not create any disparities between Wisconsin rules and federal statutes and regulations.

Comparison with rules in adjacent states

The technical rule changes proposed in this rule will not create any disparities between Wisconsin and the adjacent states.

Summary of factual data and analytical methodologies

This rule does not depend on any complex analysis of data. This rule merely makes minor technical changes to current rules.

Analysis and supporting documents used to determine effect on small business

Because this bill makes minor technical changes, no significant analysis or documentation was required to determine that the proposed rule will have no impact on small businesses.

Business Impact

This rule will not have any impact on small businesses or other business. This rule makes minor technical changes that will not have any impact on business standards, costs or operations. See the complete Initial Regulatory Flexibility Analysis that accompanies this rule.

Environmental Impact

This “housekeeping" rule will have no significant impact on the environment.

Contact Information