Scope statements
Agriculture, Trade and Consumer Protection
Subject
Technical rule changes.
Administrative code reference. This rule will make minor changes to a number of administrative code chapters administered by DATCP.
Objective of the rule. This rule will make minor technical changes and updates to a variety of current rules.
Policy Analysis
The technical changes the department proposes to make include the following:
•
Update technical standards incorporated by reference in current rules (new editions of technical references cited in current rules).
•
Correct erroneous and obsolete citations and cross-references.
•
Correct typographical errors.
•
Make non-substantive organizational and drafting changes.
•
Make other minor changes to current rules.
The technical changes will not pose significant policy issues.
Entities affected by the rule
The proposed technical changes to current rules will not have a significant impact on persons covered by those rules. There will be no adverse impact on business or local government.
Policy Alternatives
The technical changes contained in the rule do not involve any significant policy issues.
Staff time required
DATCP will use less than .1 FTE staff time to develop and adopt the technical changes included in this rule. This includes research, drafting, preparing related documents, holding public hearings, and communicating with affected persons and groups. DATCP will use existing staff to develop and adopt this rule.
DATCP Board Authorization
DATCP may not begin drafting this rule until the DATCP Board approves this scope statement. The Board may not approve this scope statement sooner than 10 days after this scope statement is published in the Wisconsin Administrative Register. If the Board takes no action on the scope statement within 30 days after DATCP presents the scope statement to the Board, the scope statement is considered approved. Before DATCP holds public hearings on this rule, the Board must approve the hearing draft. The Board must also approve the final draft rule before DATCP adopts that rule.
Agriculture, Trade and Consumer Protection
Subject
Atrazine Pesticide Applications.
Administrative Code Reference: Chapter
ATCP 30, Wis. Adm. Code (Existing). DATCP may renumber and reorganize this rule.
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 related to atrazine obtained during the past year. Reorganize current rule to accommodate any new or expanded prohibition area (PA) and to make it easier to identify to the Lower Wisconsin River Valley Atrazine PA. Renumber Appendix A in the current rule to simplify the numbering system.
Policy Analysis
DATCP must regulate the use of pesticides to assure compliance with groundwater standards under ch.
160, Stats. Groundwater standards are 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.
DATCP must prohibit atrazine uses that result in groundwater contamination levels that exceed the DNR enforcement standard under s.
160.25, Stats. DATCP must prohibit atrazine use in the area where groundwater contamination has occurred unless DATCP 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, Wis. Adm. Code, the use of atrazine is prohibited in 102 PAs (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, DATCP may identify additional wells containing atrazine and its chlorinated metabolites at and above the current DNR enforcement standard. In order to comply with ch.
160, Stats., DATCP must take further action to prohibit or regulate atrazine use in the areas where these wells are located. DATCP proposes to amend ch.
ATCP 30, Wis. Adm. Code to add PAs or take other appropriate regulatory action in response to any new groundwater findings.
Comparison with federal regulations
Pesticides and pesticide labels must be registered with the federal Environmental Protection Agency (“EPA"). Persons may not use pesticides in a manner inconsistent with the federal label.
The current federal label for atrazine advises that atrazine should not be used on permeable soils with groundwater near the soil surface. Wisconsin has clearer, more definite restrictions on atrazine use, based on actual findings of groundwater contamination in this state.
EPA is proposing federal rules that would require states to create pesticide management plans for pesticides that have the potential to contaminate groundwater. Wisconsin's current regulatory scheme for atrazine pesticides would likely comply with the proposed federal rules.
Entities affected by the rule
Residents whose private wells are located in the proposed or expanded PA would be affected by the proposed rule. Atrazine users in a new or expanded PA would be affected by the proposed rule. Dealers, distributors and manufacturers of atrazine who service areas of proposed expanded PAs would be affected by a reduction in the sales of atrazine. Commercial application services would be required to know where all the atrazine PAs are located to avoid illegal applications. The proposed action is not expected to have a measurable effect on consumer food costs, specifically on corn-derived products.
Policy Alternatives
No Change. If DATCP takes no action, current rules will remain in effect. However, DATCP 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 DATCP's statutory obligations.
Statutory Alternatives
None at this time.
Statutory authority
Staff time required
DATCP estimates that it will use approximately 0.5 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. DATCP will use existing staff to develop this rule.
DATCP Board Authorization
DATCP may not begin drafting this rule until the Board of Agriculture, Trade and Consumer Protection (Board) approves this scope statement. The Board may not approve this scope statement sooner than 10 days after this scope statement is published in the Wisconsin Administrative Register. If the Board takes no action on the scope statement within 30 days after the scope statement is presented to the Board, the scope statement is considered approved. Before DATCP holds public hearings on this rule, the Board must approve the hearing draft. The Board must also approve the final draft rule before DATCP adopts the rule.
Agriculture, Trade and Consumer Protection
Subject
Agricultural Producer Security (License Fees and Technical Changes).
Administrative Code Reference: Chapters
ATCP 99,
100 and
101, Wis. Adm. Code.
Statutory authority
Objective of the rule. DATCP currently administers the Agricultural Producer Security program under Chapter
126, Stats. This program helps protect agricultural producers against catastrophic financial defaults by milk contractors, grain dealers, grain warehouse keepers and vegetable contractors (collectively referred to as “contractors"). Contractors must be licensed by DATCP, and most contractors pay assessments to an agricultural producer security fund administered by DATCP. Licensed contractors also pay license fees to cover DATCP's cost to administer the program.
Current license fees are set by the Agricultural Producer Security Law, ch.
126, Stats., enacted in 2001. However, that law incorporated the same license fees established under prior law. Grain dealer and grain warehouse keeper license fees have not actually changed since 1997. Milk contractor license fees have not changed since 1994. Vegetable contractor license fees have not changed since 1998, except that
2005 Wisconsin Act 80 modified license fees for certain potato buyers who opt out of the security program.
DATCP may adjust license fees by rule, but has not done so to date. Current fees are no longer adequate to fund the Agricultural Producer Security Program. DATCP proposes to increase license fees by rule, as appropriate, to provide an adequate level of program funding. DATCP may also make minor technical changes to current rules, including possible definition changes and changes to incorporate the provisions of
2005 Wisconsin Act 80. This rule will
not affect contractor assessment payments to the agricultural producer security fund.
