Scope statements
Agriculture, Trade and Consumer Protection
Subject
Animal Health, including farm-raised deer health, movement, registration and identification. Chapter
ATCP 10, Wis. Adm. Code.
Objective of the rule. This rule will modify current animal health rules. Among other things, this rule may address requirements for farm-raised deer health testing, registration and fee structure, record keeping, movement and other technical changes.
Policy Analysis
Farm-raised Deer
DATCP regulates animal health including deer farms, deer imports and deer movement. This includes rules related to registration of deer farms, hunting preserves, disease testing and monitoring requirements, and individual identification for farm-raised deer under ss.
95.18,
95.20 and
95.55. Stats. Current rules require specific disease testing, a monitoring status for chronic wasting disease (CWD), and identification of farm-raised deer for import and intrastate movement. The current rules also specify other requirements of registered farm-raised deer keepers, such as minimum acreage for hunting preserves, record keeping requirements, and escape reporting.
When DATCP developed the current rules, the United States Department of Agriculture (USDA) had not yet established federal requirements for CWD monitoring and testing for interstate movement; or established criteria for state certification status. USDA has now proposed federal standards, and DATCP and the industry have gained more experience related to CWD in farm-raised deer herds.
Current rules require all keepers of farm- raised deer to register with DATCP. The type of registration and the associated fee is based on the number of deer in the herd. The current fee is not based on the purposes for which the herd is kept, the workload that it creates for DATCP, or the health risks associated with herd management practices.
Among other things, this rule may:
Align Wisconsin's farm-raised deer regulatory program with federal standards.
Address the handling of escaped farm-raised deer.
Require herd plans for herds that are diagnosed with a disease.
Require post-depopulation management of premises where herds were infected with infectious diseases.
Modify record keeping and identification requirements for farm-raised deer herds.
Modify the registration and fee structure for farm-raised deer herds.
Modify disease monitoring requirements.
Technical Changes
This rule may also make technical changes to a number of current animal health rules.
Comparison with federal regulations
USDA has established regulations for the identification and interstate movement of farm-raised deer, and has established standards for Brucellosis and Tuberculosis testing. Current DATCP rules are consistent with these federal requirements.
USDA recently proposed standards for a national CWD program. The proposed national program will include testing and monitoring requirements, and will modify farm-raised deer identification requirements. DATCP proposes to modify current state rules to be consistent with the new federal program.
Entities affected by the rule
This rule will affect keepers of farm-raised deer and veterinarians providing services to keepers of farm-raised deer. This rule may also have a limited impact on other persons engaged in the production, sale or movement of livestock.
Policy alternatives
If DATCP takes no action, current rules will remain in effect. When the national CWD program is implemented, current Wisconsin rules will be inconsistent with federal standards. Among other things, that may limit markets available to the farm-raised deer industry. Current rules do not adequately address all of the issues that have come to light, in recent years, related to the control of CWD in farm-raised deer.
Statutory authority
None at this time.
Staff time required
DATCP estimates that it will use approximately 0.8 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
Restricting Release of Credit Reports; Security Freezes
PRELIMINARY OBJECTIVE:
Adopt rules to interpreting and administer s.
100.54, Wis. Stats., as required by the Legislature.
Policy Analysis
Section
100.54, Stats., created by
2005 Wisconsin Act 140, regulates access to consumer credit reports. Among other things, the statute allows a consumer to put a “security freeze" on a consumer credit report. A “security freeze" limits the release and distribution of a consumer credit report.
Among other things, s.
100.54 requires the Department of Agriculture, Trade and Consumer Protection (“DATCP") to define what constitutes proper identification for a consumer who wishes to place a security freeze his or her credit report. DATCP rules must be consistent with federal law related to proper identification for purposes of placing a security freeze on a consumer credit report.
This rule will implement the legislative mandate. DATCP may also adopt related rules as necessary. DATCP may adopt these rules under s.100.54 or 100.20(2), Wis. Stats. (Unfair Trade Practices and Methods of Competition).
POLICY ALTERNATIVES:
The Legislature has directed DATCP to adopt rules. DATCP has no alternative but to do so. DATCP has not yet determined the content of the rules.
Statutory authority
Staff time required
DATCP estimates that it will use approximately .50 FTE staff time to develop this rule. This includes research, drafting, preparing related documents, holding public hearings, coordinating advisory council discussions and communicating with affected persons and groups. DATCP will assign existing staff to develop this rule.
Commerce
Subject
Objective of the rule. The proposed rules would implement the provisions of
2005 Wisconsin Act 358. The rules will establish minimum standards and qualifications for certification of woman-owned businesses, and define the process for obtaining the certification.
Policy Analysis
The Department is required under current law to maintain a database of businesses that are owned by women, but is not required to certify such businesses. Under the proposed rules, as required by Act 358, the Department would certify businesses that are at least 51 percent owned, controlled, and actively managed by women. The Department would charge applicants a processing fee of $50. The rules would not create preferences in governmental procurement for these businesses. The alternative of not promulgating the rules would result in noncompliance with the corresponding mandates in Act 358.
Statutory authority
Staff time required
The staff time needed to develop the rules is expected to range from 200 to 500 hours, depending upon the associated complexity. This includes research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. There are no other resources necessary to promulgate the rules.
Entities affected by the rule
