Rule-Making Notices
Notice of Hearings
Agriculture, Trade and Consumer Protection
Emergency Rule EmR __ (to be filed prior to 1-1-11)
NOTICE IS HEREBY GIVEN that the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold a public hearing on a temporary emergency rule and proposed “permanent" rule related to seed labeling and sales. These identical rules repeal and recreate Chapter ATCP 20, Wis. Adm. Code. The temporary emergency rule takes effect on January 1, 2011 and will remain in effect until July 1, 2011 or until the “permanent" rule takes effect, whichever is sooner.
Hearing Information
DATCP will hold the public hearing at the time and place shown below.
Date and Time:
Location:
January 11, 2011
Tuesday
9:00am-11:00am
Department of Agriculture, Trade & Consumer Protection
Board Room (CR-106)
2811 Agriculture Drive
Madison, WI 53718-6777
Hearing impaired persons may request an interpreter for this hearing. Please make reservations for a hearing interpreter by January 2, 2011, by writing to Deb Bollig, Division of Agricultural Resource Management, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4584. Alternatively, you may contact the DATCP TDD at (608) 224-5058. The hearing facility is handicap accessible.
Submittal of Written Comments
DATCP invites the public to attend the hearing and comment on the temporary emergency and proposed “permanent" rule. Following the public hearing, the hearing record will remain open until January 14, 2011 for additional written comments. Comments may be sent to DATCP's Division of Agricultural Resource Management at the address below, or by email to greg.helmbrecht@wisconsin.gov or by email to http://AdminRules.Wisconsin.gov/.
Copies of Proposed Rule
You can obtain a free copy of the temporary emergency rule or the proposed “permanent" rule, or both, by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Resource Management, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-4596 or emailing greg.helmbrecht@wisconsin.govhttp://AdminRules.Wisconsin.gov/. Copies will also be available at the hearing. To view the temporary emergency rule and proposed “permanent" rule online, go to: http://AdminRules.Wisconsin.gov/.
Analysis by Department of Agriculture, Trade and Consumer Protection
The Wisconsin department of agriculture, trade and consumer protection (“DATCP") administers Wisconsin's seed law under ss. 94.38 to 94.46, Stats. The seed law regulates the labeling and sale of agricultural seed. The law applies to nearly all seed sold for sowing purposes, including crop seed, vegetable seed for home gardens, lawn and turf seed, flower seed and native species seed. The law does not apply to tree or shrub seeds.
The 2009 biennial budget act (2009 Wis. Act 28) made significant changes to the seed law. Act 28 repealed many outdated standards effective January 1, 2011 and authorized DATCP to establish new standards by rule.
The temporary emergency rule implements the new law, pending adoption of a proposed “permanent" rule. The proposed “permanent" is identical to this temporary emergency rule. Pursuant to 2009 Wis. Act 28, section 9103(3), the temporary emergency rule took effect on January 1, 2011 and will remain in effect until July 1, 2011 or until the effective date of the proposed “permanent" rule, whichever is sooner.
This rule updates Wisconsin's seed standards to make them more consistent with federal law, current generally-accepted business practices, the model state seed law published by the association of American seed control officials, and seed testing standards published by AOSA, Inc. (the association of official seed analysts). The rule is designed to protect seed purchasers, to ensure fair and accurate labeling of seed, and to ensure fair competition in the sale of seed.
Statute(s) interpreted
Section 93.07(1), 94.38 to 94.46, Stats.
Statutory authority
Sections 93.07(1) and 94.45(6), Stats. This emergency rule is also adopted pursuant to the nonstatutory provision in 2009 Wis. Act 28, section 9103(3).
Explanation of statutory authority
DATCP has general authority, under s. 93.07(1), Stats., to interpret laws under its jurisdiction. DATCP has specific authority, under ss. 94.45(6), Stats., to promulgate rules for:
The testing, labeling, distribution and sale of agricultural seed (including crop seed, vegetable seed for home gardens, lawn and turf seed, flower seed and native species seed).
Seed labeler licensing.
Seed law administration.
2009 Wis. Act 28 repealed outdated seed standards effective January 1, 2011, and authorized DATCP to adopt new standards by rule. A non-statutory provision, contained in section 9103(3) of Act 28, authorized DATCP to adopt interim rules by the emergency rulemaking procedure under s. 227.24, Stats., without a finding of emergency. Under this non-statutory provision, the interim rules may remain in effect until July 1, 2011 or until the effective date of proposed “permanent" seed rules, whichever date is earlier.
Related rule(s) or statute(s)
The department of natural resources (“DNR") administers rules under ch. NR 40 related to the classification and control of invasive species, including invasive plant species. DATCP administers pesticide rules under chs. ATCP 29 and 30 (including pesticides used on treated seed).
Plain language analysis
This rule modifies Wisconsin rules governing the sale and labeling of agricultural and vegetable seed. This rule establishes standards related to seed labels, seed germination, and seed evaluation and testing. It establishes general standards for all agricultural seeds, and specialized standards for certain kinds of seed. The standards in this rule are generally consistent with all of the following:
The federal seed act (7 USC 1551 et. seq.) and the federal plant variety protection act (7 U.S.C. 2321 et seq.).
Model standards contained in the Recommended Uniform State Seed Law (July 2007) published by the association of American seed control officials.
Seed evaluation standards and methods prescribed in the Rules for Seed Testing (October 1, 2010) published by AOSA, Inc. (the association of official seed analysts).
This rule incorporates seed labeler license fees set by s. 94.43, Stats. (this rule does not change the statutory fees). This rule also creates a mechanism by which DATCP may, for good cause, grant individual variances from labeling requirements under this rule if the variance is consistent with the purposes of this rule and is necessary to avoid unfairness or unnecessary hardship.
Summary of, and comparison with, existing or proposed federal regulations
USDA administers the following federal laws:
The federal seed act (7 USC 1551 et. seq.). Under the federal seed act, seed shipped in interstate commerce must be labeled with information that allows seed buyers to make informed choices. Label information must be truthful.
The federal plant variety protection act (7 U.S.C. 2321 et seq.). Under the plant variety protection act, a plant breeder may obtain a certificate of plant variety protection (similar to a patent) for a new plant variety that meets certain criteria.
This rule is consistent with these federal laws.
Comparison with rules in adjacent states
Most states, and all of the states surrounding Wisconsin, have adopted seed labeling and testing standards that are similar to the standards under this rule.
Data and analytical methodologies
DATCP consulted with DNR, the university of Wisconsin–extension, and AOSA, Inc. (the association of official seed analysts) to develop the standards in this rule. DATCP also consulted with an advisory committee that included Wisconsin seed industry representatives and seed purchasers.
Standards Incorporated by Reference
This emergency rule incorporates, by reference, seed testing standards published by AOSA, Inc. (the association of official seed analysts). DATCP has requested the attorney general's permission to incorporate these standards by reference. Copies of the standards are on file with DATCP and the legislative reference bureau, and may be obtained from AOSA, Inc.
Small Business Impact
This rule will promote fair competition in the seed industry, for the benefit of seed businesses and seed purchasers. It will update obsolete seed standards, and will ensure that all seed labelers use the same standards for seed labeling and analysis. It will facilitate interstate commerce by making Wisconsin standards more consistent with current standards used by the United States department of agriculture (“USDA") and other states. This rule will not have any significant adverse impact on affected businesses.
If you have comments or concerns relating to small business impact, you may also contact DATCP's small business regulatory coordinator Keeley Moll at the address above, or by email at Keeley.Moll@wisconsin.gov or by telephone at (608) 224-5039.
Environmental Impact
This rule will protect the environment by helping to prevent the spread of certain noxious weed seeds. Other parts of the rule will have no environmental impact.
Fiscal Estimate
This rule will have no fiscal impact on state or local government. This rule incorporates, without change, seed labeler license fees set by s. 94.43, Stats.
Agency Contact Person
Questions and comments related to this rule, including hearing comments, may be directed to:
Greg Helmbrecht
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.