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Establishes new rules related to seed labeling;
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Modifies current rules related to standards of germination, analysis, sampling, inspection, and examination;
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Establishes new rules related to native seeds;
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Incorporates the fees for seed labeler licenses contained in s.
94.43, Stats.
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Makes other minor changes to update, clarify and correct current agricultural and vegetable seed rules.
The standards used for label contents, germination, weed seed and other tolerances as well as the definitions applicable to those standards that were included in the statute have changed substantially since the adoption of the seed law statutes. The primary effect of the rule is to update those standards and definitions to make them consistent with current practice throughout the U. S. and with the standards maintained by the Association of Official Seed Analysts. The standards proposed in this rule, like the statutes that exist through December 31, 2010 have the purpose of maintaining a fair marketplace for purchasers of agricultural seed and vegetable seed labeled, distributed, and sold in Wisconsin.
Comparison with federal regulations
The USDA-Agricultural marketing Service, Seed Regulatory and Testing Branch uses the published Association of Official Seed Analyst (AOSA) standards included in this rule for its regulatory work. The same seed rules are also used internationally and are published by the International Seed Trade Association.
Comparison with rules in adjacent states
Surrounding states have adopted the same AOSA published agricultural seed and vegetable seed standards as are included in this rule. The AOSA standards have been adopted by most states as the rules for testing seeds in their respective states. The AOSA's standards were developed to promote uniformity and accuracy in seed testing methods.
Data and analytical methodologies
DATCP consulted DNR, UWEX and the Association of Seed Analysts and worked with an advisory body made up of representatives of the Wisconsin seed industry and seed consumers in Wisconsin to develop the standards in the rule.
Environmental Impact
This rule will prohibit and restrict certain noxious weed seeds, some of which were previously prohibited or restricted under statute. The addition of new prohibited and restricted weed seeds may have a minor positive impact on the environment. The majority of the rule provisions have no environmental impact.
Small Business Impact
This rule updates current rules related to agricultural seeds and vegetable seeds. The primary purpose of this rule is to ensure a fair marketplace by establishing germination, labeling, examination, sampling, inspecting, and analysis standards that agricultural seeds and vegetable seeds sold in Wisconsin must meet. This rule establishes and updates these standards. The rule also establishes new standards for native seeds, a growing category of seeds not previously subject to regulation. Standards contained in the applicable statutes will be repealed as of January 1, 2011 and will be established in this rule. This rule also clarifies current seed rules, to facilitate understanding and compliance.
This rule will not have a significant impact on small businesses. This rule is expected to positively affect businesses by ensuring the all agricultural seed and vegetable seed producers, labelers, distributors, and wholesalers are using uniform standards for germination, labeling, analysis, testing, sampling, inspection and examination. The standards will ensure a fair agricultural seed and vegetable seed marketplace for businesses and consumers.
Fiscal Estimate
The proposed rule will have no fiscal impact on state or local government. Seed labeler license fees included in the proposed rule have already been created by statute. (See s.
94.43, Stats.)
Agency Contact Person
Questions and comments related to this rule may be directed to:
Greg Helmbrecht
Dept. of Agriculture, Trade and Consumer Protection
P.O. Box 8911 , Madison, WI 53708-8911
Phone: (608) 224-4596
Notice of Hearing
Children and Families
NOTICE IS HEREBY GIVEN that pursuant to s.
48.625 (1g), Stats., as created by
2009 Wisconsin Act 335, and 227.11 (2) (a), Stats., the Department of Children and Families proposes to hold a public hearing to consider proposed permanent rules and emergency rules creating ss.
DCF 57.485 and
57.49 (1) (am), relating to determination of need for new group homes and affecting small businesses.
Hearing Information
Date and Time:
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Location:
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October 21, 2010
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MADISON
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Thursday
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GEF 1 Building, Room H204
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1:30 p.m.
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201 E. Washington Avenue
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Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is wheelchair accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at a hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audio format will be made available on request to the fullest extent possible.
Appearance at Hearing
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Copies of Proposed Rule and Submittal of Written Comments
A copy of the proposed rule is available at
http://adminrules.wisconsin.gov. This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about a rule, and submit comments during the public comment period. You may receive a paper copy of this rule or fiscal estimate by contacting:
Elaine Pridgen, Office of Legal Counsel
Department of Children and Families
201 E. Washington Avenue
Madison, WI 53707
Phone: (608) 267-9403
Written comments on the proposed rules received at the above address, email, or through the http://adminrules. wisconsin.gov website no later than October 22, 2010, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by the Department of Children and Families
Statutory authority
Statutes interpreted
Explanation of agency authority
Any person who receives, with or without transfer of legal custody, 5 to 8 children to provide care and maintenance for those children must obtain a license to operate a group home from the department. To obtain a license to operate a group home, a person must meet the minimum requirements for a license established in chapter DCF 57, meet the background check requirements, pay the license fee, and meet the new determination of need requirement created by
2009 Wisconsin Act 335.
Section
48.625 (1g), Stats., as created by
2009 Wisconsin Act 335, provides that no person may apply for a license to operate a new group home or for an amendment to a license that would increase the bed capacity of an existing group home until the department has reviewed the need for the additional placement resources that would be made available by the issuance or amendment of the license and has certified in writing that a need exists for the proposed additional placement resources. The department shall promulgate rules to implement this subsection.
Summary of the proposed rule
The rule will provide that an applicant for a determination of need for a new group home or for increased bed capacity in an existing group home shall submit all of the following documents to the department:
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A statement of support by one or more counties, the Bureau of Milwaukee Child Welfare, or the Department of Corrections stating that the proposed additional placement resources are needed.
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A detailed description of the methodology and findings that there is a need for this particular group home.
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A detailed plan for the operation of the proposed group home that includes all of the following:
□ The number, sex, and age range of the children to be served.
□ The type of needs or disabilities of children to be served.
□ Number of staff listed by job title, degree or certification, and full-time or part-time status.
□ A description of the proposed program and treatment goals.
□ The location of the group home and a drawing of the layout of the physical plant.
The department shall send written notice of its determination of need to the applicant with a specific reason for the determination within 90 days after the date on which the department received all required documents and information from an applicant. The department will consider an application that remains incomplete for a 90-day period after receipt of any documentation to be withdrawn.
Comparison with federal regulations
None.
Comparison with rules in adjacent states
The department is not aware of any requirements to obtain a certificate of need before applying for a license to operate a group home in adjacent states.
Summary of factual data and analytical methodologies
The rule regulates the establishment of new group homes and the expansion of existing group homes to control costs to Wisconsin citizens while ensuring an adequate number and variety of facilities to meet the needs of children who require out-of-home residential care.
Analysis used to determine effect on small businesses
The rule provides details to implement the statute.
Small Business Impact
The proposed rule will affect small businesses as defined in s.
227.114 (1), Stats., but will not have a significant economic impact on a substantial number of businesses.
The Department's Small Business Regulatory Coordinator is Elaine Pridgen, (608) 267-9403, elaine.pridgen@ wisconsin.gov.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
A determination of need requirement will save staff time that is currently spent licensing group homes that are not needed. Group homes that are underutilized have higher per bed overhead costs that have often been passed on to purchasers.
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
None.
Agency Contact Person
Mary Morse, Child Welfare Licensing Section
Bureau of Permanence and Out-of-Home Care
Phone: (608) 266-0415.
Notice of Hearing
