Scope statements
Agriculture, Trade and Consumer Protection
Subject
Kennels and Pet Facilities Regulation.
Policy analysis
Objective of the rule. Create rules to enable DATCP to administer s.
173.40, Stats., as created by
2001 Wis. Act 16.
In August,
2001 Wis. Act 16 was enacted. This act required licensing of kennels and kennel facilities, animal shelters, and facilities at which pet dealers and pet breeders operate. It requires DATCP to inspect all licensed facilities biennially. It also allows DATCP to establish the following rules.
• Minimum standards for animal shelters, kennels, and facilities at which pet dealers and pet breeders operate;
• Minimum requirements for humane care to be provided;
• Transportation of animals;
• Minimum ages for the sale of animals;
• Grounds for revocation of licenses;
• Grounds to issue orders prohibiting sales or movement of an animal;
• Fees;
• Record keeping requirements;
• Requirements relating to space and exercise for an animal.
DATCP will appoint an advisory committee to advise the department regarding the appropriate standards to establish. When drafting the rule, DATCP will need to establish standards that will protect the health and welfare of the animals without being onerous for the operators of the licensed facilities. In seeking to protect and promote the health and welfare of the animals, DATCP will also seek to protect the consumers' interest in purchasing healthy animals.
DATCP will need to establish a licensing program that will allow the department to meet the legislative expectations as expressed in the statute. The specifics of that program will be established by this rule.
Policy alternatives
DATCP is creating rules to establish standards that the legislature has identified in s.
173.40 (5), Stats. If DATCP does not create these rules, DATCP will not be able to carry out the required licensing and inspection of the entities identified in the statute. Therefore, there really is not alternative to creation of rules. The alternatives relating to the specific provisions of the rules will be identified by and explored with the advisory committee that DATCP will appoint in compliance with the non-statutory provisions of
2001 Wis. Act 16.
Statutory authority
D proposes to create ch.
ATCP 16, Wis. Adm. Code, under authority of ss.
93.07 and
173.40 , Stats.
Staff time required
DATCP estimates that it will use approximately 1 FTE staff to develop this rule. This includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
Agriculture, Trade and Consumer Protection
Subject
Pesticide Product Restrictions; Atrazine Pesticides.
Policy analysis
Objective of the rule. Regulate the use of atrazine pesticides to protect groundwater and assure compliance with Wisconsin's Groundwater Law. Update current rule to reflect groundwater-sampling results obtained during the past year. Review the restrictions on the timing of atrazine applications. Renumber and reorganize current rule, as necessary.
Under the Wisconsin Groundwater Law, ch.
160, Wis. Stats., the department must regulate the use of pesticides to assure compliance with groundwater standards established by the Department of Natural Resources under ch.
NR 140, Wis. Adm. Code. DNR has established a groundwater enforcement standard of 3 mg/liter for atrazine and its chlorinated metabolites.
Under s.
160.25, Wis. Stats., the department must prohibit atrazine uses that result in groundwater contamination levels that violate the DNR enforcement standard. The department must prohibit atrazine use in the area where the groundwater contamination has occurred unless the department determines to a reasonable certainty, based on the greater weight of credible evidence, that alternative measures will achieve compliance with the DNR enforcement standard.
Currently under ch.
ATCP 30 the use of atrazine is prohibited in 102 designated areas (approximately 1,200,000 acres), including large portions of the Lower Wisconsin River Valley, Dane County and Columbia County. The current rules also restrict atrazine use rates and handling practices including the timing of applications on a statewide basis. The statewide restrictions are designed to minimize the potential for groundwater contamination, as required under s.
160.25, Stats.
Over the next year, the department may identify additional wells containing atrazine and its chlorinated metabolites at and above the current DNR enforcement standard. In order to comply with the Groundwater Law, the department must take further action to prohibit or regulate atrazine use in the areas where these wells are located. The department proposes to amend ch.
ATCP 30 to add or repeal prohibition areas or take other appropriate regulatory action in response to any new groundwater findings. The department also plans to review the statewide restriction on the timing of atrazine product applications. Current rules limit the application of atrazine products to the time period between April 15 and July 31 of each year.
Policy alternatives
No Change. If the department takes no action on this proposed rulemaking, the Board approved final draft of the ch.
ATCP 30 Pesticide Product Restrictions (to be promulgated in May, 2002) will apply. However, the department would take no new regulatory action in response to new groundwater findings obtained this year. This would not adequately protect groundwater in the newly discovered contaminated areas, nor would it meet the department's obligations under the Groundwater Law. Conversely, the department would be unable to repeal the current restrictions on atrazine use where indicated by groundwater findings.
Statutory authority
Staff time required
The department estimates that it will use approximately 0.6 FTE staff to develop this rule. This includes investigation; drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. The department will use existing staff to develop this rule.
Chiropractic Examining Board
Subject
Continuing education requirements.
Policy analysis
Objective of the rule. To allow chiropractors to satisfy continuing education requirements by taking internet-based distance learning courses.
Recognizing internet-based distance learning courses as reliable sources for continuing education. This rule will expand the options for continuing education credits.
Statutory authority
Staff time required
50 hours.
Commerce
Subject
Objective of the rule. The objectives of this rule revision, incorporated into one or more rule packages in chapter Comm 5 and other associated/related chapters, are to:
a) Expand the qualification options for a person applying for a journeyman plumber-restricted license examination.
b) Establish requirements for completion of an approved course for persons with a master plumber-restricted appliance license and who install or modify multipurpose piping systems.
c) Revise the required license, certification and registration fees relative to the costs incurred by the Department.
d) Evaluate and possibly incorporate recognition of licenses, certifications and registrations issued by other jurisdictions.
e) Create requirements for the registration of commercial electrical inspection agencies.
