Scope Statements
Agriculture, Trade and Consumer Protection
Subject
Creates Chapter
ATCP 53, relating to the Farmland Preservation Program — Agricultural Enterprise Area (AEA) Designation.
Objectives of the Rule
This rule will designate Agricultural Enterprise Areas (AEAs) under s.
91.84, Wis. Stats. An AEA is a contiguous land area, devoted primarily to agricultural use, which is locally targeted for agricultural preservation and agricultural development. DATCP may designate AEAs based on local petitions. This rule may designate up to 15 AEAs totaling no more than 200,000 acres.
The designation of an AEA does not, by itself, control or restrict land use. However, farmers within a designated AEA are eligible to enter into voluntary farmland preservation agreements with DATCP under s.
91.69, Stats. Under a farmland preservation agreement, the farmer may claim income tax credits under s.
71.613, Stats., in return for keeping land in agricultural use. Under current law,
only farmers located within an AEA are eligible to enter into farmland preservation agreements with DATCP
Policy Analysis
AEAs are designed to preserve agricultural land and promote agricultural development, including agriculture- related business, investment and innovation. An AEA may be part of a broader local strategy to promote agriculture and related development.
The land area comprising an AEA must be located within a farmland preservation area designated in the county's certified farmland preservation plan. An AEA may include non-agricultural as well as agricultural land, but must be primarily devoted to agricultural use.
DATCP may designate an AEA based on a local petition. The petition must be signed by every affected county, town and municipality, and by at least 5 farm owners within the AEA (other interested persons, including other farmers, businesses and community groups, may also sign the petition). Other farms may be included within the AEA, and the owners of those farms may enter into farmland preservation agreements with DATCP, regardless of whether the farm owners signed the original petition to create the AEA.
A petition must comply with s.
91.86, Stats., and must show that the proposed AEA complies with applicable requirements under s.
91.84, Stats. This rule will designate AEAs selected by DATCP based on competing local petitions. DATCP will designate AEAs in consultation with a panel that includes independent reviewers. DATCP may choose among competing petitions, and may reject petitions as it deems appropriate.
Policy Alternatives
The AEA program is a key part of the Working Lands Initiative enacted in
2009 Wis. Act 28. If DATCP takes no action to implement the AEA program, the full benefits of the Working Lands Initiative will not be realized. The Working Lands initiative is designed to preserve farmland, promote agricultural and related development, encourage sound land use planning, minimize land use conflicts, promote soil and water conservation, encourage agricultural investment, and help farms stay economically viable.
Under current law, only farmers in designated AEAs may enter into farmland preservation agreements with DATCP and obtain tax credits under those agreements. If DATCP fails to designate AEAs by rule, as contemplated by current law, farmers will be deprived of that opportunity. Local governments and agriculture-related businesses will also be deprived of a significant land use and business development tool.
Statutory Authority
Comparison with Federal Regulations
None.
Entities Affected by the Rule
Farmers and Other Landowners
This rule will benefit farmers and landowners in the designated AEA's. The designation of an AEA does not, by itself, control or restrict land use. However, an owner of farmland in an AEA may enter into a voluntary farmland preservation agreement with DATCP. Under a farmland preservation agreement, the landowner may claim income tax credits under s.
71.613, Stats., in return for keeping land in agricultural use and implementing soil and water conservation practices. An agreement remains in effect for 15 years, and applies only to the land covered by the agreement.
Designation of an AEA may be part of a broader local strategy to protect farmland and promote agricultural development. Designation may foster agricultural investment, and promote collaborative working relationships among landowners, agriculture-related businesses and local governments. It may also promote a more secure and attractive climate for agricultural continuity and agriculture-related investment. Farmland preservation and conservation practices may also benefit other landowners.
Counties, Towns and Municipalities
This rule will benefit counties, towns and municipalities in which AEAs are designated. DATCP will only designate AEAs in counties, towns and municipalities that affirmatively support the AEA designation (as indicated in the local petition requesting the AEA designation).
An AEA designation may be part of a broader local strategy to protect farmland and promote agricultural and related development. County and local governments can use the AEA designation to support local farmland preservation and development plans. County and local governments may adopt zoning ordinances, offer economic development incentives, and take other local actions to supplement the AEA and foster agricultural preservation and development.
Agriculture-Related Business
This rule may benefit a wide range of agriculture-related businesses. This rule may benefit businesses, such as food processing and farm supply businesses, which may be located in or attracted to a designated AEA. By protecting and promoting agriculture, this rule may also benefit a wide range of agricultural service providers, regardless of whether those providers maintain facilities in the AEA. For example, this rule may benefit farm supply organizations, nutrient management planners, soil testing laboratories, agricultural engineers, construction contractors, food processors, testing laboratories, and agri-tourism interests.
Estimate of Time Needed to Develop the Rule
DATCP estimates that it will use the equivalent of 0.5 FTE staff to develop this rule. This anticipates investigation and analysis, rule drafting, preparing related documents, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
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 the department adopts the rule.
Agriculture, Trade and Consumer Protection
Subject
Revises Chapter
ATCP 157, relating to the honey standard of identity, deceptive sales of products represented as “honey," and the Wisconsin certified honey program.
Objectives of the Rule
This rule will clarify and facilitate the enforcement of current laws, including ss.
97.02,
97.03 and
97.10 (1), Stats., which prohibit the sale of adulterated or misbranded honey. This rule will also implement newly-enacted
2009 Wisconsin Act 169 which, in conjunction with other laws, requires DATCP to do all of the following:
•
Establish a legal standard of identity for all honey sold in Wisconsin. Under Act 169, DATCP must establish a legal standard that is consistent with the model standard contained in the international Codex Alimentarius (2001 edition published by the United Nations Food and Agriculture Organization and the World Health Organization).
•
Prohibit the sale in this state, as “honey," of any product that fails to meet the honey standard of identity.
•
Create a “Wisconsin Certified Honey" program. A seller may advertise, label and sell a product as “Wisconsin Certified Honey" if all of the following apply:
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The product meets the honey standard of identity.
□
Laboratory testing, prescribed by DATCP rule, indicates that the product meets the honey standard of identity.
□
The seller reports the results of the required laboratory tests to DATCP.
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The product is produced in this state.
Policy Analysis
Adopt a Standard of Identity for Honey
Currently, there is no detailed state or federal standard of identity for honey. The international
Codex Alimentarius includes a detailed model standard of identity for honey. The
Codex model standard specifically prohibits the addition of non-honey adulterants, and includes standards for moisture content, sugar level and more. Under s.
100.187, as created by
2009 Wis. Act 169, this rule must adopt the
Codex model standard as the legal standard of identity for all honey sold in Wisconsin.
Prohibit the Sale, as “Honey," of any Product that Fails to Meet the Identity Standard
This rule will prohibit any person from selling in this state, as “honey," any product that fails to meet the honey standard of identity established by this rule.
Some products sold as “honey" have been shown to contain a variety of non-honey ingredients such as rice syrup, high fructose corn syrup and other artificial sweeteners obtained from sources other than honey. Dangerous contaminants such as the antibiotic chloramphenicol have also been detected in samples of honey imported from foreign countries. Approximately 2/3 of the honey consumed in the United States is imported from other countries.
Current state laws, under s.
97.02,
97.03 and
97.10(1), Stats., prohibit the sale of adulterated or misbranded food. A clear standard of identity will, in the case of adulterated or misbranded honey, facilitate proof of violations. Under current law, DATCP may investigate potential law violations, and may inspect, sample and test food products for compliance. DATCP may seek to prosecute law violations in court, under ss.
97.72 and
97.73, Stats. DATCP may also issue holding orders and stop sale orders under s.
97.12, Stats., to prohibit the sale of adulterated or seriously misbranded products.
Section
100.183, Stats., currently prohibits deceptive representations in the advertising or sale of food. A seller who represents, as “honey," a product that fails to meet an applicable honey standard of identity could be charged with a violation of this statute. DATCP may investigate potential violations. DATCP may seek to prosecute law violations in court, under s.
100.26(1), Stats.
Section
100.187, as created by 2009 Wis. Act, prohibits a person from selling a product as “honey" unless the product complies with the standard of identity that DATCP is required to establish under this rule. DATCP may investigate potential violations and may bring a court injunction action against a violator. In addition, any person who suffers (and can prove) damages as a result of the violation may bring a private lawsuit against the violator. The plaintiff may recover any proven damages (or $1,000, whichever is greater), plus reasonable attorney fees, from the violator.
Create a “Wisconsin Certified Honey" Program
This rule will create a “Wisconsin Certified Honey" program, as required by s.
100.187, Stats. (created by
2009 Wis. Act 169). Under such a program, a seller may advertise, label and sell a product as “Wisconsin Certified Honey" if all of the following apply:
•
The product meets the honey standard of identity created by this rule.
•
Laboratory testing, prescribed by this rule, indicates that the product meets the honey standard of identity.
□
This rule will specify minimum testing requirements, which may include requirements related to the scope and frequency of product sampling and testing, the types of laboratory tests to be performed on test samples, and the sampling and laboratory test methods to be used.
