Rules Published with this Register and Final Regulatory Flexibility Analyses
The following administrative rule orders have been adopted and published in the April 30, 2009, Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Agriculture, Trade and Consumer Protection
Revises Chapters
ATCP 3,
12,
21,
29,
30,
31,
33,
40,
42,
50,
51,
55,
57,
60,
70,
75,
92,
103,
118,
123,
124,
136 and
160, relating to minor and technical rule changes. Effective 5-1-09.
Summary of Final Regulatory Flexibility Analysis
This rule makes minor or technical changes to a number of current DATCP rules. This rule does all of the following:
Electronic Processing of License Applications; Cost Recovery
Authorizes DATCP to assess a $3 fee for electronic licensing transactions (in addition to other license fees), to cover DATCP's electronic licensing costs. Electronic processing, if offered, is offered as a voluntary option for license applicants.
Agricultural Chemical Cleanup Program; Surcharge Adjustment
Reduces current agricultural chemical cleanup program surcharges paid by pesticide and fertilizer license holders, consistent with
2007 Wisconsin Act 20 (biennial budget act). DATCP has already implemented the reduced statutory surcharges (this rule merely conforms current rules to the new statutory amounts).
Atrazine Use Regulations
Revises the format of current maps showing some of the land areas where application of atrazine pesticides is currently prohibited by rule (this rule does not change the actual prohibition areas).
Restores a provision inadvertently deleted from the atrazine rule in a prior rulemaking proceeding, when the rule was modified for other reasons. The restored provision allows farmers (outside prohibition areas) to apply an additional 0.5 lbs. of atrazine per acre on medium- or fine-textured soils (up to 1.5 lbs. per acre rather than 1.0 lb. per acre) if no atrazine was applied in the preceding year. The restored provision is consistent with the way that DATCP has always administered the atrazine rule, so there will be no change in actual use practices.
Pesticide Manufacturers and Labelers Fees
Clarifies that a current rule prohibiting refunds of pesticide license fees does not prohibit certain reimbursements that are authorized by statute and paid as credits against the next year's license fees.
Land and Water Conservation Program
Updates technical standards incorporated by reference in current land and water conservation rules (ATCP 50). This rule does not substantially alter current standards or requirements.
Gives DATCP more latitude to extend land and water conservation funding for county cost-share contracts with landowners that were signed, but not completed, during the preceding year (extends signing deadline from December 1 to December 31).
Extends the current mid-year deadline for counties to file cost-share reimbursement requests with DATCP (from June 1 to July 1).
Updates current standards for the certification of agricultural engineering practitioners under the land and water conservation program, consistent with current standards published by the united states department of agriculture, natural resource conservation service (“NRCS").
Updates current standards used by certified soil testing laboratories under the land and water conservation program, consistent with updated standards published by the University of Wisconsin-Extension and University of Wisconsin- Madison.
Meat Inspection
Corrects erroneous cross-references to federal meat inspection regulations in state meat inspection rules.
Bio-Diesel Plants
Clarifies that a bio-diesel plant is not required to hold a grease processor license, provided that the plant does not produce grease or other products for human or animal consumption.
Dairy Inspection
Changes, from 7 days to 14 days, the time period within which dairy plants must report high somatic cell counts in goat milk and take follow-up samples related to high bacterial counts.
Weights and Measures
Updates technical standards incorporated by reference in current packaging and labeling and weights and measures rules (ATCP 90 & 92), including the latest standards published by the National Institute of Standards and Technology.
Car Rental Notices
Incorporates statutory provisions requiring car rental companies to notify prospective renters if the rental company may charge the renter's credit card for forfeitures and other costs incurred but not paid by the renter for nonmoving traffic violations (parking tickets).
Fair Premium Aids
Authorizes DATCP to pay county and district fair premium aids based on total county and district fair premiums paid (current rule requires payment based on total premiums less entry fees).
Other Technical Changes
Modifies current
notes to reflect the fact that rules and related documents are now filed with the legislative reference bureau, not the revisor of statutes or secretary of state (the revisor of statutes office was eliminated by
2007 Wis. Act 20).
Corrects minor errors in current rules.
Makes minor organizational, drafting and terminology changes.
Summary of Comments by Legislative Review Committees
On January 12, 2009, DATCP transmitted the above rule for legislative review. The rule was assigned to the Senate Committee on Agriculture and Higher Education and to the Assembly Committee on Agriculture. The Senate Committee on Agriculture and Higher Education did not hold a hearing and took no action. The Assembly Committee on Agriculture did not hold a hearing and took no action. The legislative review period expired on February 27, 2009.
Employee Trust Funds
Repeals and recreates section
ETF 40.01, relating to continued group health insurance coverage of an insured dependent after the death of the insured employee or annuitant. Effective 5-1-09.
Summary of Final Regulatory Flexibility Analysis
The proposed rule has no significant effect on small businesses because only governmental employers and their employees may participate in the benefit programs under ch.
40 of the statutes administered by the Department of Employee Trust Funds.
Summary of Comments by Legislative Review Committees
No comments were received.
Military Affairs —
Wisconsin Emergency Management
Amends sections
WEM 1.03 and
1.04, relating to fees. Effective 5-1-09.
Summary of Final Regulatory Flexibility Analysis
Effect on Small Business:
Facilities with 11 or more employees would experience a fee change. Under s.
166.20 (7) (d), Stats., facilities with fewer than the equivalent of 10 full-time employees are exempt from inventory fees and the one-time emergency planning fee.
Types of Small Businesses That Will Be Affected By the Rule:
Reporting, Bookkeeping and Other Procedures Required For Compliance With The Rule:
No new reporting, bookkeeping and other procedures are required for compliance with the rule.
Types of Professional Skills:
No new professional skills are necessary for compliance with the rule.
Rules Have a Significant Impact on Small Business:
No. Most small businesses with 11 or more employees are now paying the minimum annual inventory fee of $150.00 and will see that increase by 35% annually. Small businesses with 11 or more employees who must submit the one-time planning notification will receive an increase in the fee of 35%.
Summary of Comments by Legislative Review Committees
No comments were received.
