Wisconsin Department of Agriculture, Trade and Consumer Protection
Initial Regulatory Flexibility Analysis
Rule Subject: Grain Dealers and Grain Warehouse Keepers
Adm. Code Reference: ATCP 99
Rules Clearinghouse #: N/A
DATCP Docket #: 16-R-03
This rule amends one of three fund assessment exemption requirements for grain dealers and grain warehouse keepers, reducing the overall fund minimum balance requirement from $11 million to $5 million.
Small Business Affected
This rule will have a positive impact on grain dealer and grain warehouse businesses by allowing those that meet fund assessment exemption requirements under Wis. Admin. Code §§ ATCP 99.126 (5) (a) and (b) and ATCP 99.235 (4) (a) and (b) to not pay fund assessments if the producer security overall fund balance is at least $5 million on May 31 of the preceding license year. The grain industry would otherwise be required to pay an additional $200,000-$250,000 annually, until the overall fund balance reaches a minimum of $11 million.
This rule could have a negative effect on small milk, grain, and vegetable producer businesses that could potentially be impacted by the lower agricultural producer security overall fund balance, in the event of future large defaults.
Record keeping requirements
This rule does not present changes to record keeping requirements.
Accommodation for Small Business
Many of the businesses affected by this rule are small businesses. However, given the subject matter, there are very few accommodations or special exceptions that can be made for small businesses.
This rule will have significant impact on effected businesses, including small businesses. Negative effects, if any, would result only in the event of a large default by dairy, grain or vegetable contractors. This rule will not have a significant adverse effect on small business, and is not subject to the delayed small business effective date provided in Wis. Stat. § 227.22 (2) (e).