Railroads, Commissioner of
Rule Submittal Date
On June 4, 1997, the Wisconsin Office of the Commissioner of Railroads submitted this proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The proposed rule repeals ch. RR 3, which regulates intrastate rail rates. The ICC Termination Act preempts state economic regulation of railroads. See 49 USC 10501. Consequently, the OCR proposes this repeal.
Agency Procedure for Promulgation
The OCR intends to promulgate the proposed rules after conducting a public hearing and soliciting written comments from potentially interested parties.
Contact Person
If you have any questions, you may contact:
Douglas S. Wood
Legal Counsel
Telephone (608) 266-9536
Revenue
Rule Submittal Date
Notice is hereby given, pursuant to s. 227.14 (4m), Stats., that on June 11, 1997, the Wisconsin Department of Revenue submitted a proposed rule order to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The proposed rule order revises ss. Tax 11.05 and 11.86, relating to the sales and use tax treatment of landscaping services, and of sales and purchases by governmental units.
Agency Procedure for Promulgation
A public hearing on the proposed rule order will be held in conjunction with a companion emergency rule. The Office of the Secretary is primarily responsible for the promulgation of the rule order.
Contact Person
If you have questions regarding this rule, you may contact:
Mark Wipperfurth
Income, Sales and Excise Tax Division
Telephone (608) 266-8253
N o t i c e S e c t i o n
Notice of Hearings
Agriculture, Trade & Consumer Protection
The state of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on the proposed amendments to ch. ATCP 42, Wis. Adm. Code, relating to commercial feed.
Hearing Information
The hearings will be held at the times and places shown below. Three hearings are scheduled:
July 29, 1997 Quality Inn
Tuesday 809 West Clairmont Ave.
1:00 p.m. to 4:00 p.m. EAU CLAIRE, WI
July 30, 1997 Ramada Inn
Wednesday 200 North Perkins St.
1:00 p.m. to 4:00 p.m. APPLETON, WI
July 31, 1997 Board Room
Thursday WDATCP
1:00 p.m. to 4:00 p.m. 2811 Agriculture Dr.
MADISON, WI
Written Comments
The public is invited to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until August 15, 1997 for additional written comments.
Copies of Rule
A copy of this rule may be obtained, free of charge, from:
Agricultural Resource Management Division
Telephone (608) 224-4539
Wis. Dept. of Agriculture, Trade & Consumer Protection
2811 Agriculture Drive
P.O. Box 8911
Madison, WI 53708-8911
Copies will also be available at the public hearings.
An interpreter for the hearing-impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by July 18, 1997 either by writing to Kristina Gordon, 2811 Agriculture Drive, Box 8911, Madison, WI 53708-8911, or by calling (608) 224-4537 or by contacting the message relay system (TTY) at (608) 224-5058. Handicap access is available at the hearings.
Analysis by the Dept. of Agriculture, Trade & Consumer Protection
This rule amends the Department's current rules related to commercial feed under ch. ATCP 42, Wis. Adm. Code.
Commercial Feed Labeling; General:
The current rules establish specific labeling requirements for commercial feed, including label contents and format. Under the current rules, commercial feed other than “custom-mixed feed” and dog and cat food must be labeled with all of the following information:
q The product name.
q Drug information if the feed contains any drug.
q A statement of purpose.
q A guaranteed analysis.
q An ingredient statement.
q Use directions and precautionary statements, if required.
q The name and address of the manufacturer or distributor.
q A declaration of net quantity.
“Custom-Mixed Feed”:
The current rules spell out different and less rigorous labeling requirements for “custom-mixed feed.” Under the current rules, a “custom-mixed feed” is a commercial feed which a manufacturer prepares at the request of a retail purchaser according to a formula provided by the retail purchaser. This rule expands the definition of “custom-mixed feed” so that it also includes commercial feed made from ingredients provided, in significant part, by the retail purchaser.
“Mill Formulated Feed”:
Under the current rules, a “mill formulated feed” means a commercial feed manufactured, on an individual basis, according to a formula provided by the feed manufacturer or labeler for the customer of that feed manufacturer or labeler. A “labeler” includes a person, other than the final retail purchaser, who retains proprietary rights to the feed formula.
Under the current rules, “mill formulated” feed must comply with general feed labeling requirements, and may not be labeled according to the less rigorous labeling standards for “custom-mixed” feed. Under this rule, a “mill formulated” feed may be labeled in the same manner as a “custom-mixed” feed unless the purchaser requests otherwise.
Bulk Feed Labeling:
Under current rules, packaged commercial feed must be labeled on the feed package. If commercial feed is sold in bulk rather than packaged form, label information may be provided on a delivery slip that accompanies the bulk delivery. This rule clarifies that when bulk deliveries of commercial feed are bagged at retail at the request of the purchaser, label information need not appear on the individual bags if each bag is clearly identified as part of a bulk delivery for which a bulk delivery slip is provided. If the bulk commercial feed contains one or more drug, the identification on each bag shall include the word “medicated.”
Fiscal Estimate
State government:
The rule will be administered by the Agricultural Resource Management Division of the Department of Agriculture, Trade and Consumer Protection. The Department anticipates no fiscal effect on state or local governments.
The proposed rule requires labeling changes which will require review of new labels by Department staff; however, labels are already reviewed periodically.
