Scope statements
Agriculture, Trade and Consumer Protection
Subject
The Department proposes to amend ch.
ATCP 21, relating to plant pests, import controls and quarantine for Emerald Ash Borer, Sudden Oak Death and Asian Longhorned Beetle.
Objective of the rule. Emerald Ash Borer, Sudden Oak Death and Asian Longhorned Beetle are highly destructive foreign plant pests that threaten Wisconsin's agricultural and forest resources. This rule will establish import controls on plants, plant products, soils or other materials that are likely to harbor these pests.
Policy Analysis
The Department has plant inspection and pest control authority under s.
94.01, Stats. The Department may by rule impose quarantines and other restrictions in the importation and movement of serious plant pests, or items that may spread serious plant pests. The Department may regulate imports to the state, as well as movements within and from the state.
Emerald Ash Borer, Agrilus planipennis, is an exotic pest that endangers Wisconsin's 628 million ash trees and ash tree resources. This insect has the potential to destroy entire stands of ash, and can result in substantial losses to forest ecosystems and urban trees. Damages can cause great harm to the state's tourism and timber industries.
Sudden Oak Death, Phytophthora ramorum, is a harmful fungus that has been found in fifteen plant species, ranging from oaks to rhododendrons. It has caused the death of thousands of mature oaks in California and Oregon. There is no known treatment that kills the fungus without killing the plant. Oaks typically die within a few months after symptoms appear.
Asian Longhorned Beetle, Anoplophora glabripennis, is a serious threat to many important commercial tree species in Wisconsin. It has the potential to damage the lumber, maple syrup, nursery, commercial fruit, and tourism industries, and could cause very large economic losses.
Among other things, this rule will:
• Define coverage and key terms.
• Regulate the import or movement of specified items (“regulated items") from areas infested with Emerald Ash Borer, Sudden Oak Death or Asian Longhorned Beetle. This rule will focus on “regulated items" that have a substantial risk of carrying these destructive pests.
• Provide exemptions for items that have been inspected and certified by duly authorized pest control officials.
• Make technical changes in existing plant pest rules, as necessary.
Entities affected by the rule
This rule will provide important protection for Wisconsin resources and industries. It will impose restrictions on some buyers, sellers and shippers of regulated items originating from infested areas. For example, this rule could affect the import, intrastate movement and export of certain nursery and lumber products from infested areas. It may all affect property owners in infested areas.
Policy Alternatives
If DATCP and APHIS do nothing, the Emerald Ash Borer, Sudden Oak Death and Asian Longhorned Beetle will spread unimpeded into this state, and throughout the state. This will cause grave damage to Wisconsin's resources and economy.
Although APHIS could take federal action to prevent the spread of these plant pests, federal quarantines would likely be statewide in nature. That could cause unnecessary disruption of Wisconsin's economy.
There is no guarantee that DATCP rules will completely prevent the import and spread of these pests, but the rules offer the best available control alternative at this time. The Department can design its rules to achieve the greatest impact without unnecessary cost or disruption to Wisconsin citizens and affected industries.
Comparison to federal regulations
Under the federal Plant Protection Act, the Animal and Plant Health Inspection Service of the U.S. Department of Agriculture (USDA-APHIS) has the responsibility for excluding, eradicating and controlling serious plant pests, including the Emerald Ash Borer, Sudden Oak Death and the Asian Longhorned Beetle. If an affected state does not have a quarantine program that meets APHIS standards, APHIS may quarantine the entire state.
A statewide quarantine would be unnecessarily restrictive and would obstruct interstate trade. This rule will establish more specifically targeted controls, consistent with APHIS standards, in order to protect Wisconsin resources and avoid blanket statewide federal quarantines.
Statutory authority
Staff time required
The Department of Agriculture, Trade and Consumer Protection estimates that it will use approximately 0.1 FTE staff time to develop these rules. 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. The Department will use existing staff to develop this rule.
Agriculture, Trade and Consumer Protection
Subject
The Department proposes to revise ch.
ATCP 156, relating to certified seed potatoes.
Objective of the rule. Update current rules regulating the certification and transport of Wisconsin certified seed potatoes. Updates are most necessary in those portions of the current rule relating to the use of biotechnology and seed potato transportation.
Policy Analysis
DATCP and the College of Agricultural and Life Sciences at the University of Wisconsin collaborate on the administration of the Wisconsin Seed Potato Certification Program. The minimum standards and other regulations are contained in ATCP 156, Wis. Adm. Code.
Seed potatoes are potatoes that farmers plant in order to propagate mass quantities of potatoes for commercial consumption. Seed potatoes are tubers and not true seed, and therefore, once a seed potato is planted, it regenerates its parent plant rather than growing into a genetically unique organism. Each new generation of potato plants is more and more likely to pass pathogens and defects from one generation to the next.
The certification process subjects seed potatoes in Wisconsin to rigorous inspection and grading criteria. It requires that pathogen loads be kept to a minimum and enlists the expertise of UW-Madison faculty and staff to produce disease-free seed potatoes that Wisconsin growers purchase and propagate in large quantities. DATCP in conjunction with UW-Madison then certify the quality of the seed potatoes produced by conducting field inspections and grading the seed potatoes based on their quality. Once certified, these seed potatoes can be sold at a premium price to commercial potato farmers who can make efficient production decisions based on full knowledge of the quality of the seed potatoes purchased.
DATCP has adopted rule under ch.
ATCP 165, Wis Adm. Code, to regulate the certification, transport, and sale of certified seed potatoes. DATCP proposes to revise its current rules to:
• More adequately address the availability of biotechnology in making more accurate quality determinations and in providing a way to determine the extent of the presence of pathogens so as to avoid the unnecessary revocation of certification or destruction of crops.
• Allow for changes in the mode of transport of seed potatoes that appreciates current market dynamics while not compromising on quality determinations of the seed potatoes being traded.
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Other technical changes as necessary.
Entities affected by the rule
Seed potato producers are directly affected by both the current rule and the proposed modifications. Customers of these producers – farms that grow potatoes for consumption - are secondarily affected. Both groups benefit from clear and scientifically up-to-date regulatory standards.
Policy Alternatives
No change. If DATCP takes no action, current rules will remain in effect. This may result in unnecessary financial loss to growers because the current rule does not recognize advances in testing techniques that have occurred since the rule was first promulgated. Enforcing decisions to revoke certification may be difficult because the costs and benefits associated with the presence of various pathogens are inappropriately addressed by the current regulations.
Comparison to federal regulations
There are no federal programs (current or proposed) that compare with Wisconsin's seed potato certification program. There are some states (most notably: Minnesota, California, Maine, North Dakota and New York) that have programs similar to Wisconsin's seed potato certification program.
Statutory authority
Staff time required
The Department of Agriculture, Trade and Consumer Protection estimates that it will use approximately 0.4 FTE staff to develop this rule. This includes time required for investigation and analysis, rule drafting, preparing related documents and holding public hearing. The Department will use existing staff to develop this rule.
Agriculture, Trade and Consumer Protection
Subject
Animal health, including aquaculture, the control of Johne's disease in cattle and goats, animal health fees and technical rule changes.
Objective of the rule. This rule will modify current animal health rules. Among other things, this rule may address:
•Fish health, and the import and movement of live fish.
• Johne's disease control, including the reimbursement of testing costs and the alignment of Wisconsin's program with the federal program.
•Adjust animal health fees, as necessary, to address a potential deficit in DATCP's animal health program revenue accounts.
