DATCP Docket: 21-R-01
Clearinghouse Rule:
Preliminary Rule Draft
June 17, 2021
STATE OF WISCONSIN
DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION
PROPOSED ORDER OF THE DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION ADOPTING RULES
PROPOSED ORDER
An order of the department of agriculture, trade and consumer protection to repeal ATCP 149.10 relating to the potato industry.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutes Interpreted: s. 100.39, Stats. (1989) repealed by 1991 Act 39 Explanation of Agency Authority
It shall be the duty of the department to make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of chs. 93 to 100, which regulations shall have the force of law. [s. 93.07, Stats.] The secretary may, in consultation with the appropriate marketing board or council, issue such rules as necessary to facilitate the administration and enforcement of this chapter. [s. 96.15, Stats.] Related Statutes and Rules
Plain Language Analysis
The Department identified ATCP 149.10 as an obsolete or unnecessary rule in the report filed with the Joint Committee for Review of Administrative Rules pursuant to s. 227.29, Stats. ATCP 149.10 specifies the process for suspending operations under the potato industry act [s. 100.39, Stats. (1989)]. Section 100.39 (10), Stats. (1989) allowed for operations to be suspended when in the public interest due to a national emergency or other reason deemed meritorious by the secretary. 1991 Wisconsin Act 39 repealed the potato industry act, therefore, this section is obsolete. This rule repeals the obsolete section. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations
There are federal statutes and regulations relating to potato research and marketing. There is a provision for the Secretary to terminate or suspend the operation of a marketing plan when the Secretary finds that the plan or provision obstructs or does not tend to effectuate the declared policy of the Potato Research and Promotion chapter. There are no provisions relating to suspension due to a national emergency or other reason deemed meritorious by the Secretary.
Summary of Public Comments Received on Statement of Scope and a Description of How and To What Extent Those Comments and Feedback Were Taken Into Account in Drafting the Proposed Rule
The Department held a preliminary public hearing on the Statement of Scope on March 25, 2021 and accepted public comments until April 1, 2021. No one testified or submitted written comments.
Comparison with Rules in Adjacent States
Illinois Illinois does not have rules related to potato marketing.
Iowa Iowa does not have rules related to potato marketing.
Michigan Michigan does not have rules related to potato marketing.
Minnesota Minnesota does have rules related to potato industry promotion. Minnesota rules do not have provisions for suspension based upon a national emergency or other reason deemed meritorious by the Commissioner other than the promotional order being contrary to or not effectuating the provisions of Minnesota Statutes.
Summary of Factual Data and Analytical Methodologies
