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 In addition, the requirements related to publishing the financial statement in the newspaper are repealed.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.
The proposed rule modifies beef cattle market class to be able to enter up to three animals in an entry class and receive up to 2 premiums to create consistency with the other species market classes and junior beef cattle market class.
The proposed rule creates market classes for goats in both open and junior divisions. The entry classes can be based on breed, sex or weight. Goats are raised to be sold at market and shown by weight. The entry class can’t be limited by age. If there are 11 or more goats in an entry class, it can be subdivided. An exhibitor may enter up to 3 goats and receive up to 2 premiums in any entry class. The standards for these classes are similar to the market classes with other species.
In the poultry department in both open and junior divisions, there is an increase of weight for the roaster chickens and broiler chickens to reflect current standards. The weight of roaster chickens (2 birds of either sex) is increased from 5 to 8 pounds for each chicken to 7.5 to 8.5 pounds and the birds must be at least 56 days old. The weight of broiler chickens (2 young birds) each weighing 2.5 to 5.5 pounds is increased to 3.5 to 5.5 pounds and the birds must be at least 37 days old. A new entry class is created for heavier broiler chickens (2 birds), each weighing 5.5 to 6.5 pounds and at least 37 days old. The roaster chickens (2 birds with a combined weight of 8 pounds or more) class is eliminated.
In the rabbit department (both open and junior divisions), the reference to American Rabbit Breeders Association recognizing an intermediate age category is removed. Fairs may establish a separate entry class for rabbits 6 to 8 months if there are a sufficient number of entrants to justify the class.
In the llamas and alpacas department, there is a modification in order to more accurately reflect the class is based upon the exhibition of animal instead of the exhibitor’s showmanship in the open class division.
In the dairy products department, a new category is created for creamery flavored butter. The metrics for judging butter and cheese is repealed, as it is an unnecessary rule.
Three new departments are created in open class division: Dogs (Department 9), Meat Products (Department 21) and Beer and Wine (Department 24). The creation of these departments encourage wider participation and public interest. The senior citizen division adds the new Meat Products and Beer and Wine departments.
The general requirements for the senior citizens division and junior fair division are moved to the appropriate subchapter in order to create clearer organization.
Junior Fair Division
The proposed rule references ages in addition to grades to reflect those children who may not be in a school setting delineated by grades.
The proposed rule removes the references to specific youth organizations to allow for wider participation. Exhibitors in the junior division do need to be members of a youth organization (with adult leadership and an educational component) approved by the board.
Special educational exhibits proposals are currently presented to the Wisconsin Association of Fairs and approved by the Department. The proposed rule streamlines the process by having the proposal submitted directly to the Department.
The fair board may establish specific classes and age or grade level groupings within the classes for the non-animal departments.
The judging systems that may be utilized in the junior fair division are expanded to allow for conference judging or face-to-face judging in addition to regular or Danish. In all showmanship divisions, only the Danish judging system may be utilized.
The horses and ponies department is reorganized to create clarity and clearer organization. The requirements in this department have not been changed.
The age of a kitten is revised to an upper limit of 12 months.
The animal and veterinary science department increases the types of animals in the special interest animals in recognition of the variety of pets and allow wider participation.
The youth organizations early childhood categories department removes the references to specific early elementary youth organizational programs. A child may exhibit in this department if they are between the ages of 5 and 9. However, 9 year olds may exhibit in this department only if this is their first time exhibiting in a fair. A fair board has the option to pay every entry $1.50 or if the fair uses the Danish judging system in this department, pay first-place to fourth-place premiums.
Education and school exhibits department may allow for entries in the school booth, student group display and individual student instead of choosing only one option. A school booth exhibit represents the school and can include any subject taught during the school year. Premiums are paid to the school. Student group displays are a student group (other than representing the entire school). Premiums may be paid to the teacher or the school. Individual student entries are entered by an individual student and the premium is paid to the individual. In all three types of education exhibits, the display shall be comprised of work completed during the current school year.
Judging
The proposed rule outlines the process, in rule, for a judge to register with the department. In order to effect wider participation and interest by the public in exhibits and ensure the integrity of prize awards, a judge is required to have knowledge, training or experience in the specific classes being judged and to adhere to ethical standards. The registration is valid for 5 years, which provides fairs with judges who are current with specific class standards. A person applying to be a judge after July 1 is not eligible to judge that fair season, which is underway, unless a fair representative requests a waiver due to unanticipated emergencies.
When a judge uses the conference judging system, then the judge must award placements in the same manner as the Danish judging system.
Accounting Requirements
The accounting requirements are simplified and allow electronic technology to be utilized.
The requirements for all judging sheets to be submitted and separate judges’ affidavits for each department have been eliminated. In addition, the judges’ sheets no longer need to be in typewritten form with the winning entry column in ballpoint pen or indelible pencil.
The fair representative must submit, within 30 days after the fair, an affidavit which includes: a list by department of the premiums actually paid or to be paid; index of exhibitors and premium amounts paid; one premium book; summary of all judges; an affidavit from each judge indicating the departments and classes judged; and horse exhibitors’ registrations.
The fair representative must submit on or before January 31st the financial report including receipts and disbursements, and the fair attendance.
Format
The proposed rule updates formatting to reflect current rule promulgation standards and removes redundancies throughout the chapter.
Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations
There are no existing or proposed federal statutes or regulations related to county and district fairs.
