Related Statutes and Rules
Chapter ATCP 21, Plant Inspection and Pest Control; ch. ATCP 29, Pesticide Use and Control; ch. ATCP 35, Agricultural Chemical Cleanup Program. Plain Language Analysis
The department identified portions of s. ATCP 21.13 which are reportable as obsolete. Specifically, s. ATCP 21.13 (2) (c) 1. and 2., refer to outdated methods to certify that honeybees are European honeybees. Section ATCP 21.13 (3) is outdated because it requires a Varroa mite certification that hives are free of this pest. This rule is promulgated under s. 94.76 (1), Stats., which allows the department to issue such rules or orders or adopt such control measures which in its judgment may be necessary to prevent, suppress or control the introduction, spread or dissemination of honeybee diseases and pests in this state. The department identified administrative code language in chs. ATCP 29 and ATCP 35 as obsolete or conflicting in our report filed with the Joint Committee for Review of Administrative Rules pursuant to s. 227.29, Stats. 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 of each pesticide product used in this state. 2017 Wisconsin Act 59 removed this requirement from s. 94.68 (2) (bm), Stats. Sections ATCP 29.11, 29.15 (4), 29.20 (6) and 29.25 (5) conflict with ss. 94.681, 94.685 (3) (a) 2., 94.703 (3) (a) 2., and 94.704 (3) (a) 2., Stats., due to changes in license fees by 2017 Wisconsin Act 59. 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. This proposed rule removes obsolete language and resolves statutory conflicts.
Summary of, and Comparison with, Existing or Proposed
Federal Statutes and Regulations
The department is unaware of any existing or proposed federal language that would affect the proposed rule’s technical changes.
Summary of Comments Received during Preliminary Comment Period
and at Public Hearing on Statement of Scope
The Joint Committee for Review of Administrative Rules did not request a preliminary hearing on the scope; thus, the department did not hold a preliminary hearing on the scope.
Comparison with Rules in Adjacent States
Illinois: The proposed rule's technical changes are not applicable to Illinois rules or statutes.
Iowa: The proposed rule's technical changes are not applicable to Iowa rules or statutes.
Michigan: The proposed rule's technical changes are not applicable to Michigan rules or statutes.
Minnesota: The proposed rule's technical changes are not applicable to Minnesota rules or statutes.
Summary of Factual Data and Analytical Methodologies
The department identified portions of s. ATCP 21.13 as obsolete. The department identified administrative code language in chs. ATCP 29 and ATCP 35 as obsolete or conflicting in our report filed with the Joint Committee for Review of Administrative Rules pursuant to s. 227.29, Stats. This proposed rule modifies provisions in the rule to align with statute. Analysis and Supporting Documents used to Determine Effect on Small Business or in Preparation of an Economic Impact Analysis
The proposed rule was posted on the department’s website for economic comments for 14 days and comments received were incorporated into the final draft. This proposed order aligns chs. ATCP 21, 29, and 35 with ss. 93.07 (12), 93.07 (13), 94.01, 94.68 (2), 94.681, 94.685 (3), 94.703 (3), 94.704 (3), 94.73 (6), and 94.76, Stats., and therefore, does not have an effect on small businesses. Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on Small Business
This proposed rule does not have an effect on small businesses.
The Department’s Regulatory Review Coordinator may be contacted by:
Telephone at (608) 224-5024
The Regulatory Flexibility Analysis is attached.
Department Contact Person
Robby Personette
Division of Agricultural Resource Management
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
(608) 294-0854
Place Where Comments are to Be Submitted and Deadline for Submission:
Comments were received on or before December 27, 2022 to be included in the record of rule-making proceedings. Submit comments:
By mail to:
Robby Personette
Division of Agricultural Resource Management
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
_____________________________________________________________________________________
RULE TEXT
Section 1. ATCP 21.01 (8) is amended to read:
ATCP 21.01 (8) “GypsySpongy moth" means the live insect, Lymantria dispar, family Lymantriidae, in any life stage, including the egg, larva, pupa, or adult stage.
Section 2. ATCP 21.01 (15) is repealed.
Section 3. ATCP 21.10 (title), is amended to read:
ATCP 21.10 (title) GypsySpongy moth; import controls and quarantine.
Section 4. ATCP 21.10 (1) (a) and (b) are amended to read:
ATCP 21.10 (1) (a) Except as provided under sub. (3), no person may import into this state any trees, woody shrubs, cut Christmas trees, logs, pulpwood, slabwood, firewood, or wood chips that originate from a gypsyspongy moth regulated area designated by the United States department of agriculture under 7 CFR 301.45-2a. (b) Except as provided under sub. (3), no person may move any trees, woody shrubs, cut Christmas trees, logs, pulpwood, slabwood, firewood, or wood chips out of any area in this state which the United States department of agriculture has designated as a gypsyspongy moth regulated area under 7 CFR 301.45-2a. Section 5. ATCP 21.10 (2) (a) and (b) are amended to read:
ATCP 21.10 (2) (a) Transport into this state, for delivery in this state, any outdoor household item that has been used in a gypsyspongy moth regulated area designated by the United States department of agriculture under 7 CFR 301.45-2a.
