Department of Agriculture, Trade and Consumer Protection
Rule No.: | Ch. ATCP 10, Wis. Admin. Code (Existing) |
Relating to: | Animal Disease and Movement |
1. Finding/nature of emergency (Emergency Rule only):
Not applicable.
2. Detailed description of the objective of the proposed rule:
The objective of the proposed rule is to evaluate and modify animal disease and movement program fees in the following programs:
- Movement
- Brucellosis
- Tuberculosis
- Johne’s
- Feed Lot
- Pseudorabies
- Equine Infectious Anemia (EIA)
- Equine Quarantine
- Medical Separation
- Poultry
- Farm-Raised Deer
- Fish Farms
The objective of the proposed rule is also to evaluate for improvements and updates: subchapter I regarding definitions and general provisions, appendix A regarding diseases reported within one day, and appendix B regarding diseases reported within 10 days.
The following table shows the existing fees relevant to this rule, as well as the statutory authority and the year that the fee was last changed. Most fees in this rule were last evaluated in 2008 or 2009. Over time, standard costs have continued to increase. The associated program revenue appropriation (appropriated by Wis. Stat. s. 20.115 (2) (ha)) no longer has adequate revenue to recover costs. The department is not able to reduce expenditures to the level of current revenues without resulting in a failure to fulfill statutory requirements under Wis. Stat. chs. 93 and 95. (See pdf for image)
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:
Existing Policies Relevant to the Rule:
This rule relates to animal health program fees. The table under section 2 shows the existing fees relevant to this rule, as well as the statutory authority and the year that the fee was last changed. Most fees in this rule were last evaluated in 2008 or 2009.
The existing rule also includes subchapter I regarding definitions and general provisions, appendix A regarding diseases reported within one day, and appendix B regarding diseases reported within 10 days.
New Policies Proposed to be Included in the Rule and Analysis of Policy Alternatives:
The department proposes evaluating and modifying animal health program fees to ensure there is adequate cost recovery. This includes evaluating and modifying existing fee amounts and evaluating and modifying or adding categories related to these programs within existing statutory authority. The associated appropriation is currently under-recovering. Without the proposed rule, the department would not be able to evaluate animal health program fees. The appropriation would continue to under-recover and would develop a negative cash balance.
The department also proposes evaluating for improvements and updates: subchapter I regarding definitions and general provisions, appendix A regarding diseases reported within one day, and appendix B regarding diseases reported within 10 days. Without the proposed rule, the department would not be able to evaluate these sections for improvements and updates.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Citations to specific statutory authority are included in section 1. The language from these citations is included below.
Section 93.06 (1g), Stats., authorizes the department to charge a fee for certificates of veterinary inspections forms as follows: 93.06 (1g) Certificates of Veterinary Inspection.
Furnish, to veterinarians in this state, forms to be used by them in issuing certificates of veterinary inspection. The department may charge a $2 fee for each form unless the department specifies a different fee by rule.
Section 93.06 (1m), Stats., authorizes the department to charge uniform fees for service inspections of farm products as follows: 93.06 (1m) Service Inspections of Farm Products.
Upon request or for grading or certification purposes, inspect animals, plants, farm products, food products and agricultural commodities, as defined in s. 96.01 (3). Inspection may include examination, diagnosis, sample collection and analysis, weighing and testing and the supervision of any of those activities. Facilities, equipment, vehicles and vessels used in the production, processing, storage or distribution of the animals, plants, farm products, food products or agricultural commodities may be inspected. Inspection and certification may be performed in cooperation with any federal agency. To enable such inspection and certification service, the department may charge uniform fees and may bring an action to recover the fees, including reasonable costs of collection. Section 93.06 (1p), Stats., authorizes the department to charge a fee for service testing related to department programs as follows: 93.06 (1p) Service Testing Related to Department Programs.
Provide inspection services, diagnostic services and analytical or testing services upon request if the requested service is related to an authorized department program and serves program objectives. The department may charge a fee to cover its cost to provide the requested services.
Section 95.001 (2), Stats., authorizes the department to promulgate rules related to the definition of “contagious or infectious diseases” as follows: 95.001 (2)
The department shall promulgate rules defining the term “contagious or infectious diseases” as used in this chapter.
Section 95.19 (3), Stats., authorizes the department to promulgate rules related to diseased animals as follows: 95.19 (3) Rule Making.
The department may promulgate rules:
(a)
Authorizing the transport under a department permit of an animal exposed to or infected with a contagious or infectious disease for slaughter or other purposes prescribed by the department. (b)
Specify those contagious or infectious diseases to which the prohibitions of sub. (2), and the rules promulgated under par. (a), apply. Section 95.195 (4), Stats., authorizes the department to promulgate rules related to diseases and implied warranty in sale of animals as follows: 95.195 (4) Rules.
The department shall promulgate rules that do all of the following:
(a)
Specify covered diseases.(b)
Specify types of animals to which this section applies.(c)
Prescribe a system for determining management classifications of herds with respect to covered diseases.Section 95.20, Stats., authorizes the department to prohibit or regulate the import or movement of animals as follows: 95.20 Import and movement of animals.
The department may prohibit or regulate the importing of animals into this state or the movement of animals within this state if the department has reasonable grounds to believe that regulation or prohibition is necessary to prevent the introduction or spread of a disease in this state that threatens the health of animals or of humans.
