Statement of Scope
Department of Agriculture, Trade and Consumer Protection
Rule No.: | Chapters ATCP 21, 29, 35 |
Relating to: | Removal of obsolete language and resolve statutory conflicts |
1. Finding/nature of emergency (Emergency Rule only):
2. Detailed description of the objective of the proposed rule:
This proposed rule considers minor substantive changes to multiple administrative code chapters administered by the Department of Agriculture, Trade and Consumer Protection (Department). The objectives of this rule are:
a) To consider revising portions of ss. ATCP 21.01 and ATCP 21.10 to reflect the recent pest common name change from gypsy moth to spongy moth. b) To consider revising portions of s. ATCP 21.13 related to Varroa mite levels and European honeybee subspecies certification in order to reflect current pest infestation levels and modern diagnostic techniques. c) To consider revising provisions within ch. ATCP 29 that contain obsolete language, necessary to align with recent statutory changes regarding licensing of pesticide manufacturers and labelers. d) To consider revising provisions within ch. ATCP 29 necessary to align with recent statutory changes regarding revised fees and surcharges already implemented by 2017 Wisconsin Act 59. f) To consider revising provisions within ch. ATCP 35 that contain obsolete language, necessary to align with recent statutory changes already implemented by 2017 Wisconsin Act 59. 3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
a) The Entomological Society of America approved “spongy moth” as the new common name for the invasive forest pest Lymantria dispar. This name replaces the old common name, “gypsy moth,” which was removed in 2021 due to its inclusion of a term derogatory to Romani people. All references to the common name gypsy moth in ss. ATCP 21.01 and ATCP 21.10 will be considered for change to spongy moth to reflect the common name change described above. b) Over the past two decades, increased demand for pollination services has caused many Wisconsin beekeepers, and beekeepers nationwide, to transport bees around the country to pollinate speciality crops, such as almonds. The increased movement of hives has increased the risks of moving and spreading honeybee pests and diseases and increased risks of introducing Africanized honeybees, which are more a more aggressive subspecies than their European counterparts. In particular, increased movement has caused the establishment of the Varroa mite worldwide. Section ATCP 21.13 (2) related to Species Certification will consider revisions to remove references to the Fast Africanized Bee Identification System, as this method is no longer used for identifying Africanized honeybees. Section ATCP 21.13 (3) related to Varroa mite certification and requirements for honeybee colonies to be apparently free of Varroa mites, will be considered for repeal, as typical infestation levels of this pest make rule enforcement impractical. c) Section ATCP 29.10 (3) (c) 2. is unnecessary as it requires pesticide manufacturers and labelers applying for a license to include with an application a report that states the gross revenue for the preceding year. 2017 Wisconsin Act 59 removed this requirement from s. 94.68 (2) (bm), Stats. f) Section ATCP 35.22 conflicts with s. 94.73 (6) (b) and (c), Stats., as 2017 Wisconsin Act 59 increased the maximum eligible reimbursement costs for eligible sites under the Agricultural Chemical Cleanup Program. The Department has fully implemented these changes, but has not yet updated the rule. The alternative to these rule updates is to do nothing. If the Department does not move forward with the proposed rule, the administrative code will not be in conformity with state statutes, and portions of our apiary rules will continue to be unenforceable due to the inclusion of outdated requirements that honeybee colonies be apparently free of Varroa mites, and the inclusion of methods of identifying honeybee subspecies that do not reflect current diagnostic techniques and are no longer used.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
a) Wisconsin Statute s. 93.07 Department duties. “Regulations. 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.” “Plant pests. To conduct surveys and inspections for the detection and control of pests injurious to plants, make, modify, and enforce reasonable rules needed to prevent the dissemination of pests, declare and manage emergencies relating to the detection and control of pests injurious to plants, provided that such declaration does not supersede the authority of the chief state forester under s. 23.114 or the department of natural resources under s. 26.30, and suggest methods of control.” “Inspection of apiaries. To inspect apiaries, furnish information to owners and caretakers with respect to the eradication and prevention of diseases and pest infestations injurious to honeybees.”
Wisconsin Statute s. 94.01 Plant inspection and pest control authority. “In the conduct of survey and inspectional programs for the detection, prevention and control of pests, the department may impose quarantines or such other restrictions on the importation into or movement of plants or other material within this state as necessary to prevent or control the dissemination or spread of injurious pests.”
