Scope Statements
Agriculture, Trade and Consumer Protection
Subject
Make technical changes (non-substantive or minor substantive changes) to correct, clarify and update 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.
This rule will not make major or controversial substantive changes to current rules.
Statutory Authority
Section
93.07 (1), Stats., and other specific statutory provisions as appropriate.
Comparison with Federal Regulations
Not applicable.
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.
Estimate of Time Needed to Develop the Rule
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.
Agriculture, Trade and Consumer Protection
Subject
Revises Chapter
ATCP 20, relating to agricultural and vegetable seeds.
Objective of the Rule
Repeal and recreate the agricultural and vegetable seed rule to be consistent with sections
94.38 to
94.46, Stats., as modified by the biennial budget act (
2009 Wisconsin Act 28). This rule may do all of the following:
•
Prescribe standards for the labeling, distribution and sale of agricultural, lawn, vegetable, flower and native seeds.
•
Govern methods of sampling, inspecting, analyzing, testing and examining agricultural, lawn, vegetable, flower and native seeds.
•
Prescribe tolerances for purity and rate of germination of agricultural, lawn, vegetable, flower and native seeds.
•
Prescribe tolerances for the occurrence of noxious weed seeds in agricultural, lawn, vegetable, flower and native seeds.
•
Identify noxious weeds and prohibited noxious weeds.
•
Govern the issuance of seed labeler licenses.
•
Govern the administration and enforcement of §
94.38 to §
94.46, Wis. Stats.
Policy Analysis
DATCP administers Wisconsin's agricultural and vegetable seed program under ss.
94.38 to
94.46, Stats (seed law). The law regulates the labeling, sale and distribution of seed in order to protect seed buyers, including consumers and businesses. DATCP has adopted rules for the program under ch.
ATCP 20, Wis. Adm. Code. The biennial budget act (
2009 Wisconsin Act 28) made numerous changes to the seed law. DATCP must comprehensively revise its current rules in order to implement the revised law.
Policy Alternatives
If DATCP takes no action, current rules remain in effect. However, the current rules are seriously outdated, and do not address recent statutory changes. Current rule provisions do not address current stakeholder needs, and hinder effective administration of the agricultural and vegetable seed program.
Statutory Authority
Comparison with Federal Regulations
The United States Department of Agriculture (USDA) regulates agricultural and vegetable seed in interstate commerce under the Federal Seed Act (FSA). USDA has adopted seed regulations under
7 CFR Part 201. USDA offers testing services, issues state noxious-weed seed requirements, determines variety names, operates an accredited seed laboratory, and administers the accreditation seed sampling program.
States regulate the distribution and sale of seed in cooperation with USDA. The American Association of Seed Officials has issued a “Recommended Uniform State Seed Law" to promote reasonable consistency of regulation between states. This rule may incorporate all or part of that model law.
Entities Affected by the Rule
This rule will affect buyers and sellers of agricultural and non-agricultural seed. The rule will help to ensure the quality and fair labeling of seed, for the benefit of businesses and consumers. In 2006, DATCP convened a Seed Law Advisory Committee, representing a wide range of stakeholders, to advise on the modernization of Wisconsin's seed law. This rule will implement many of the advisory committee recommendations.
Estimate of Time Needed to Develop the Rule
DATCP estimates that it will use the equivalent of 0.25 FTE staff time to revise this rule. This includes research, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings, and communicating with affected persons and groups. DATCP will assign existing staff to revise this rule.
Insurance
Subject
Revises Section
Ins 3.36, relating to the treatment of autism spectrum disorders and affecting small business.
Objective of the Rule
The proposed rule is intended to implement
2009 Wis. Act 28 that created s.
632.895 (12m), Wis. Stat., mandating coverage for children diagnosed with autism spectrum disorders. The commissioner is required to promulgate rules implementing the mandatory coverage including providing definitions of “qualified professional," “paraprofessional," “intensive" and “non-intensive" level services. Additionally the commissioner may promulgate rules governing the interpretation or administration of the provisions of the law.
Policy Analysis
Autism spectrum disorders are defined to be a mental health condition. Under existing law, persons identified with autism spectrum disorders would be able to receive services in accordance with delineated service levels. However, with passage of s.
632.895 (12m), Wis. Stat., existing regulation is insufficient to comply with the new requirements.
Statutory Authority
Comparison with Federal Regulations
There are no existing or proposed federal regulations that address the newly enacted law or proposed rule.
Entities Affected by the Rule
