CR 21-059 Rule Text

Related Statutes and Rules

Chapter ATCP 149

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public interest due to a national emergency or other reason deemed meritorious by the secretary. 1991 Wisconsin Act 39 repealed the potato industry act, therefore, this section is obsolete.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

The Department reviewed ch. ATCP 149 and identified s. 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. This proposed order repeals the obsolete rule.

Analysis and Supporting Documents Used to Determine Effect on Small Business or in Preparation of Economic Impact Analysis

The rule was posted on the Department’s website for economic comments for 14 days and none were received. This proposed order repeals a rule which has been obsolete since 1991 Wisconsin Act 39 repealed the potato industry act and therefore, does not have an effect on small businesses.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis is attached.

Effect on Small Business

This proposed rule does not have an economic impact on small business, as defined in s. 227.114 (1), Stats.

The Department’s Regulatory Review Coordinator may be contacted by:

Email at [e-mail]

Telephone at [phone]

The Regulatory Flexibility Analysis is attached.

Department Contact Person

Sharon Henes, Program and Policy Analyst - Advanced

Division of Agricultural Development

Department of Agriculture, Trade and Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

[phone]

[e-mail]

Place Where Comments are to Be Submitted and Deadline for Submission:

Comments must be received on or before September 2, 2021 to be included in the record of rule-making proceedings. Submit comments:

By mail to:

Sharon Henes, Program and Policy Analyst - Advanced

Division of Agricultural Development

Department of Agriculture, Trade and Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

By email to: [e-mail]

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TEXT OF RULE

Section 1. ATCP 149.10 is repealed.

Section 2. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats.

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(END OF TEXT OF RULE)

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Dated this 9th day of July, 2021

WISCONSIN DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION