DATCP Docket: 21-R-05
Clearinghouse Rule: 21-93
Final Rule Draft
January 13, 2022
STATE OF WISCONSIN
DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION
ORDER OF THE DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION ADOPTING RULES
ORDER
An order of the department of agriculture, trade and consumer protection to repeal ATCP 160.04 (6), 160.17 (2) (d), 160.20 (2) (e), 160.24 (3) (note), 160.52 (intro.), 160.53 (intro.), 160.57 (2) (d), and 160.92 (5) and (6); to renumber ATCP 160.02 (1) (d) and 160.06; to renumber and amend ATCP 160.04 (title), (1), (2), (3), and (4), 160.04 (5), 160.04 (7) and (8), and 160.56 (1) (c), (d), (e), and (f); to amend ATCP 160.01 (8), (9), (10), and (12) (d), 160.02 (1) (a) and (b), 160.02 (1) (e), (3) (a), and (4) (b) and (c) (intro.), 160.03 (intro), (1) and (4), 160.05 (1), 160.07 (2) (a) and (b), 160.08 (4) (c), 160.09 (1) (a), 160.10, 160.12 (2) (a), 160.13 (2), 160.14 (2) and (3), 160.16 (1) (intro.), (2) (intro.), (3) (intro.), (4) (intro.) and (5), 160.17 (1), (2) (intro.), and (2) (c), 160.17 (2) (e), 160.17 (3) (a) (intro.), 160.18 (1) (intro), (c) and (d), 160.19 (intro) and (3) (a), 160.20 (1) (a) 5., 160.21 (1) (c) and (2) (a), 160.22 (1) (intro.), 160.23 (2) (d), 160.24 (intro.), (1), (2), and (3), 160.27 (1) and (2), 160.28, 160.29, 160.30, 160.31, 160.40 (intro), 160.50, 160.51 (2) and (3), 160.52 (2) (intro.), (3) and (4), 160.53 (2) and (3), 160.54 (1) (a) (intro.) and (b), (2), (4), (5) and (6), 160.55 (6), 160.56 (1) (intro.), (a) (intro.) and (b) (intro.), 160.56 (2), 160.57 (1), (2) (intro.) and (c), 160.57 (2) (e), 160.57 (3) (intro.) and (4), 160.58 (1), (2) (a) (intro.), (b) (c), and (3), 160.59 (1) (intro.) and (2), 160.60 (1) (a) and (b) and (2), 160.61 (intro), 160.615 (intro), 160.615 (1) (intro.) and (2) (intro.), 160.62 (intro.), 160.63 (intro.), 160.64 (intro.), 160.65, 160.66 (intro.), 160.67 (intro.), 160.675 (intro.), 160.68 (intro.), 160.69 (intro.), 160.70 (intro.), 160.71 (intro.), 160.72 (intro.), 160.73 (intro.), 160.74 (intro.), 160.75 (intro.), 160.76 (intro.), 160.78 (intro.), 160.79 (intro.), 160.91 (1), 160.91 (2), (4) (a) and (b), 160.91 (5), 160.92 (1) and (3), and 160.92 (3) (b); to repeal and recreate ATCP 160.25, 160.26, 160.80, and 160.92 (3) (a); to create ATCP 160.01 (2m), (7e), (7m), and (7s), 160.01 (13), 160.02 (4) (c) 4m. and 7m. and (4) (d), 160.05 (4) and (5), 160.15 (6), 160.17 (2) (em), 160.185, 160.20 (1) (a) 4m., 160.265, 160.275, 160.39 (3) and (4), 160.40 (4m) and (5m), 160.49 (5), 160.49 (8) and (9), 160.55 (8), 160.56 (1g), 160.56 (1r), 160.57 (2) (em), 160.91 (1m), 160.91 (4g), and 160.92 (3) (d), (e) and (f) and (4), relating to county and district fairs.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutes Interpreted: s. 93.23, Stats. Explanation of Agency Authority
The Department has general authority under s. 93.07 (1), Stats., to adopt rules which are necessary and proper to enforce ch. 96, Stats. The Department has explicit authority under s. 93.23, Stats., to adopt rules as to premiums offered, amounts to be paid, entry fees to be charged, and all other charges for exhibiting. In addition, in order to have a more equitable distribution of state aid among fairs and to effect wider participation and interest by the public, the Department may prescribe uniform premium lists setting forth classes of exhibits approved for state aid, premium awards in such classes and entry qualifications, fees and charges for exhibitors. Related Statutes and Rules
Plain Language Analysis
The Department conducted a comprehensive review of chapter ATCP 160. The proposed rules better align with statute, reflect current practices and provide clearer requirements for fairs receiving state aid.
The proposed rule updates chapter ATCP 160 to reflect the statutory changes as a result of 2015 Act 207. The proposed rule removes the requirement that an entry fee may not exceed 10% of the total amount of the value of premiums offered for the exhibit’s class. The deadline for submitting the finance report is updated from December 31st to January 31st. In addition, the requirements related to publishing the financial statement in the newspaper are repealed. Premium Requirements
The proposed rule allows charging an entry fee or a stall rent for animals or both.
The proposed rule clarifies if a fair has split dates, all blue ribbon winners are required to repeat their demonstrations or exhibits at the regular fair date (an exhibitor may use audio-visual media, still photography or an educational display). The list of departments which may occur in a split fair without approval is modified to require a notification to the department in order for the public to be aware of the split fair dates. Cats and mechanical projects are added to the list of exhibits that are required to provide notification, instead of pre-approval, to the Department for split dates.
The proposed rule clarifies that state aid can’t be used to pay more than one premium to an exhibitor in a calendar year in a premium or lot number in the same division. In addition, if an item or animal has been exhibited previously in a state aid funded fair in that calendar year and resulted in a premium being awarded for that item or animal, state aid can’t be used to award another premium in the same division.
Uniform Premium Lists
Currently only the photography and clothing departments can have classes divided by amateur and professional in open class division. The proposed rule expands the ability for fairs to create open division entry classes divided by amateur and profession in non-animal departments.
The proposed rule reduces the number of animals from 16 to 11 before a class may be divided into 2 or more subclasses. Ten or fewer animals creates safer exhibitions.
The proposed rule amends the market classes in all species (both open and junior divisions) to allow a fair board to establish classes based upon breed or sex to reflect current standards.
The proposed rule allows for sexually intact male cattle, sheep, goats, swine or horses if the animal is registered by the appropriate breed association or society instead of limiting to only registered purebreds.
