Wisconsin Department of Agriculture, Trade and Consumer Protection
Regulatory Flexibility Analysis
Rule Subject: Animal disease and movement, including fees, and affecting small businesses
Adm. Code Reference: ATCP 10
DATCP Docket #: 22-R-12
Rule Summary
Fees
The proposed rule modifies and increases fees for certificate of veterinary inspection (CVI) forms, intermediate handling facilities, disease certifications, equine quarantine stations, feed lots, medical separation, the national poultry improvement plan (NPIP), farm-raised deer, and fish farms. The proposed rule would also eliminate the current fee for equine infectious anemia retests.
Most fees in this rule were last increased in 2008 and 2009 (CR 07-61). Over time, standard costs have continued to increase. The associated program revenue appropriation (appropriated by Wis. Stat. § 20.115 (2) (ha)) no longer has adequate revenue to recover costs. DATCP 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. The following table shows the current and proposed fee amounts.
_Hlk195254752The proposed fees would ensure recovery of annual program costs and would gradually eliminate the projected negative cash balance over a period of years. Without the proposed fee increase, the appropriation would operate in a negative cash balance until a different change occurs, such as the creation of an alternative funding source or a statutory change. The Department would report the negative cash balance to the Joint Committee on Finance. Subchapter I and Appendices
The proposed rule modifies ATCP 10 subchapter I and the appendices for improvements and updates.
Definitions are amended for updates and clarity. Unnecessary definitions for terms that are not used in chapter ATCP 10 are repealed. The definition of official individual identification for bovines is updated to reflect current USDA requirements. The definition of official individual identification for equines is updated to allow more flexibility.
Minor language changes are made throughout subchapter I for updates and clarity. For example, “chief livestock health official” is updated to “state animal health official” to reflect the term used by the U.S. Department of Agriculture (USDA) and other states.
Language is added to s. ATCP 10.03 regarding recording official individual identification related to disease reporting, to mirror current language under s. ATCP 10.04 regarding recording official individual identification related to disease tests. Official back tags are added to the records requirements for intermediate livestock handling facilities, because not all cattle are required to have official individual identification and may instead have an official back tag. Language is added to movement permit applications to allow the class of animals to be used as an alternative to the breed.
The list of diseases under s. ATCP 10.08 is amended to instead refer to Appendix A. Appendix A lists the diseases that must be reported to the department within one day, and contains only those diseases that are severe enough to necessitate the movement restrictions and permitting provisions under s. ATCP 10.08. Appendix A and Appendix B, regarding diseases reported within one or ten days respectively, are amended to add and remove diseases, update disease naming conventions, and provide clarification.
Small Businesses Affected
The proposed rule would impact veterinarians who purchase CVIs, operators of intermediate handling facilities (there are currently none), producers who enroll their herds or flocks in disease certifications, an equine quarantine station and horse owners who import horses, feed lot operators, entities pursuing medical separation, poultry owners enrolled in the voluntary NPIP program, farm-raised deer keepers, and fish farm operators. The proposed rule would impact:
•- 33,000 CVIs purchased by veterinarians per year •- 0 intermediate handling facilities currently •- 72 herd certifications for bovine, swine, and farm-raised deer herds •- 0 entities impacted by the equine infectious anemia retest fee in recent years •- 1 equine quarantine station and 29 horses imported per year •- 2 entities requesting medical separation per year •- 296 poultry flocks participating in NPIP and 26 blood sample collection trainees per year •- 235 farm-raised deer registrations (at 257 locations), including 61 hunt ranches, and 100 CWD test sample collector trainees per year •- 2,157 fish farm registrations and 6 fish import permits per year The proposed rule would also impact animal health, animal industries, and public health. While Wisconsin’s program fees are collected from a small number of licensees, these critical programs have impacts and benefits across animal health, animal industries, and public health.
