The alternative is not revising rules that have not had a comprehensive review and update for three decades. Rules which have not had a comprehensive review and update can create a less beneficial program for businesses and organizations, thus making the program less attractive to participate in.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section 93.07 (1), Stats., Department Duties It shall be the duty of the department 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. Section 93.44 (2), Stats., Commodity Promotion The department shall allow all products and commodities produced or manufactured in this state that meet the standards established by the department to be included in the department’s promotional campaign that uses the phrase “Something Special from Wisconsin”, which phrase is a certified mark that is registered under federal law. The department may establish standards to be used to prohibit or limit the use of the certified mark to preserve its marketing value and significance. The standards may prohibit or limit the use of the certified mark based upon the grade or quality of a product or commodity and the standards may prohibit the use of the certified mark by a product or commodity which imitates a product or commodity for which there is a standard of identity established under state or federal law.
Section 93.44 (4), Stats., Commodity Promotion The department by rule may establish a fee for the use of the mark and any slogan or logo under this section. The fees shall be created to the appropriation under s. 20.115 (3) (L), Stats. 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The department estimates it will take approximately 250 hours to develop this rule.
6. List with description of all entities that may be affected by the proposed rule:
Individuals, businesses, and organizations that utilize the Something Special from Wisconsin logo and the people who purchase or benefit from the products or commodities identified with the Something Special from Wisconsin logo.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
None.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
This is a voluntary program providing a direct advertising and promotional benefit to businesses and organizations. The department anticipates that the proposed rule will have minimal economic impact, and it is not likely to have a significant economic impact on small businesses. The restructuring of the fee schedule may result in an increase of permit fees for some businesses or organizations that elect to participate in this voluntary program. However, the department’s objective is to create more flexibility and best serve the interests of the program and participants.
Contact Person:
Julie Schmidt
Program and Policy Analyst
(608) 381-2808
