Rules Published with this Register and Final Regulatory Flexibility Analyses
The following administrative rule orders have been adopted and published in this edition of the 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.
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Agriculture, Trade and Consumer Protection
(DATCP Docket # 08-R-08)
A rule revising Chapter
ATCP 29, relating to pesticide use and control and affecting small business. Effective 6-1-13.
Summary of Effect on Small Business
This rule likely will impact certain pesticide-related businesses, including small businesses. This rule will add minimal, if any, costs to affected pesticide applicators and pesticide application businesses. Moreover, this rule will not have a significant effect on local markets, on the sale or distribution of pesticide products, or on the overall economy of this state. Pesticide application businesses may experience cost savings as a result of clarifying existing regulations, improving regulatory consistency and modifying administrative requirements, including the ability to provide certain notices and submit certain permit applications by electronic means.
Pesticide applicators who choose to obtain a “right-of-way and natural area pest control" certification may experience a minimal additional cost every five years to purchase a new training manual ($45). This additional cost will only apply to pesticide applicators that seek the natural areas certification and are not already certified in the existing “right-of-way" category. Many commercial application businesses cover the cost of training manuals for their employees. The average cost per year for the manual is $9. The restoration of natural areas is considered to be a growth area for business and may positively impact pesticide businesses through increased revenue.
While many pesticide application businesses already label their rodenticide bait stations, businesses that are not currently doing so may have some minimal economic costs to comply with the rodenticide bait station labeling requirement. Costs may include purchasing stickers or another bait station labeling system (e.g., conforming “luggage tags") and personnel time to fill out the label. Pesticide application businesses supported labeling of rodenticide bait stations during public hearings, as long as they have the option of labeling on the inside or the outside, and they will have a number of cost-effective ways to meet this requirement, including the ability to design their own or choose from among a wide-variety of labeling systems.
Businesses should not have any direct costs to comply with the non-agricultural chemigation and urban pesticide misting system requirements. Few, if any, pesticide application businesses in Wisconsin currently are known to be using these application systems. If pesticide application businesses do decide to sell these systems in the future, costs to comply with these regulations could be included in the initial cost of the system.
Because ch.
ATCP 33 was revised in 2006, many businesses are already in compliance with the spill containment and sump requirements. Those businesses not required to comply with ch.
ATCP 33 may have some minor costs to comply if a spill containment surface fails and a repair would be inadequate. If a new spill containment surface is required, and the facility is not already regulated under ch.
ATCP 33, there will be some incremental costs to comply with the proposed requirements, which now prohibit some materials (
e.g., asphalt) that were previously allowed. These materials are now prohibited because they have been prone to failure and unable to contain spills. A complete Business Impact Analysis is attached.
Summary of Comments from Legislative Committees
On January 7, 2013, DATCP transmitted the above rule for legislative committee review. The rule was referred to the Senate Committee on Energy, Consumer Protection, and Government Reform and the Assembly Committee on Agriculture. Neither committee took action on the rule. The Senate referred the rule to the Joint Committee for Review of Administrative Rules (JCRAR) on February 12, 2013, and the Assembly referred the rule to JCRAR on February 26, 2013. JCRAR took no action on the rule.
Agriculture, Trade and Consumer Protection
(DATCP Docket # 11-R-07)
Summary of Effect on Small Business
This rule will likely have a positive effect in terms of encouraging the expansion of certain businesses, including small businesses. Individuals with religious objections to the premises registration requirement may obtain an exemption to registration under this rule and be eligible for business licensure for which premises registration is a prerequisite, e.g., deer farms or animal market operations.
This change of the due date to register premises, from December 31 to July 31, and the elimination of staggering the due dates will have no negative impact on businesses because there is no fee to register, regardless of the date the registration is due.
Summary of Comments from Legislative Committees
On October 11, 2012, DATCP transmitted the above rule for legislative committee review. The rule was referred to the Senate Committee on Agriculture, Small Business, and Tourism on January 11, 2013, and the Assembly Committee on Agriculture on January 22, 2013. Neither committee took action on the rule. The Senate referred the rule to the Joint Committee for Review of Administrative Rules (JCRAR) on February 15, 2013, and the Assembly referred the rule to JCRAR on February 26, 2013. JCRAR took no action on the rule.
Agriculture, Trade and Consumer Protection
(DATCP Docket # 11-R-12)
The Wisconsin Department of Agriculture, Trade and Consumer Protection adopts the following rule to create section
ATCP 161.50 (3) (f) and subchapter VI of Chapter
ATCP 161, relating to the “grow Wisconsin dairy producer" grant and loan program. Effective 6-1-13.
Summary of Effect on Small Business
The “grow Wisconsin dairy producer" grant and loan program is voluntary and thus imposes no cost on businesses. By providing $200,000 in grant and loan funding to dairy producers, the “grow Wisconsin dairy producer" grant and loan program will benefit dairy farms, other dairy businesses and communities that participate in production, distribution or marketing of dairy products. Grant and loan recipients will benefit directly, while others will benefit indirectly from the creation of a stronger dairy industry. DATCP plans to use application procedures that will make the cost of applying insignificant and particularly make it possible for small businesses to apply for funding without hiring consulting services.
Summary of Comments from Legislative Committees
On January 8, 2013, DATCP transmitted the above rule for legislative committee review. The rule was referred to the Senate Committee on Agriculture, Small Business, and Tourism and the Assembly Committee on Agriculture. Neither committee took action on the rule. The Senate referred the rule to the Joint Committee for Review of Administrative Rules (JCRAR) on February 15, 2015, and the Assembly referred the rule to JCRAR on February 26, 2013. JCRAR took no action on the rule.
Agriculture, Trade and Consumer Protection
(DATCP Docket # 12-R-04)
Summary of Effect on Small Business
This rule will have minimal impact on business. This rule might affect the following businesses in the following ways (many of which are “small businesses"):
•
Direct marketers that conduct both telephone solicitation and text message solicitation. Wisconsin's no-call program was established in 2001. Therefore, businesses in this category are already regulated under current law, and will only experience minimal additional regulatory obligations or expenses. Currently, there are approximately 460 telephone solicitors registered for the Wisconsin no-call program.
•
Direct marketers that conduct text message solicitation but are not currently registered telephone solicitors. Under this rule (as well as s.
100.52, Stats., as amended by
2011 Wisconsin Act 197), businesses that send text message solicitations must register with the Wisconsin No Call program and refrain from sending text messages to numbers on the no-call list. The annual registration fees consist of the following; subject to a maximum limit of $20,000:
•
A basic fee of $700 for the first year and $500 each subsequent year.
•
An additional fee of $75 for each telephone line used for registrants who use four or more lines.
•
An additional $25 fee for each e-mail address the registrant would like DATCP to transmit the no-call list, in excess of one.
•
An additional $25 fee for each compact disc set the registrant would like DATCP to mail.
•
An additional $1,000 for each hard-copy the registrant would like DATCP to mail.
Many of the businesses affected by this rule are “small businesses." However, given the subject matter, there are very few accommodations or special exceptions that can be made for small businesses.
This rule and the existing rule include many provisions that will benefit large and small businesses alike. For example:
•
DATCP publishes a fact-sheet for solicitors, explaining the requirements and prohibitions contained in the rule.
•
The rule allows solicitors to obtain the no-call list in a variety of formats, so they can use what is most convenient to them.
This new law and proposed rule may result in savings for some consumers on their monthly wireless service bills. On some plans, the provider charges the customer for each text message received. The new no-text provision protects consumers from these charges. DATCP does not have sufficient data to estimate a dollar amount that consumers might save. A complete business impact analysis is attached.
Summary of Comments from Legislative Committees
On January 8, 2013, DATCP transmitted the above rule for legislative committee review. The rule was assigned to the Assembly Committee on Consumer Protection and the Senate Committee on Energy, Consumer Protection, and Government Reform. Neither committee took action. The Senate referred the rule to the Joint Committee for Review of Administrative Rules (JCRAR) on February 14, 2013, and the Assembly referred it to JCRAR on February 26, 2013. JCRAR took no action on the rule.
Agriculture, Trade and Consumer Protection
(DATCP Docket # 11-R-5)
The Wisconsin Department of Agriculture, Trade and Consumer Protection adopts the following order to amend subchapter IV of Chapter
ATCP 70 (title); and to create sections
ATCP 70.05 (1m) (am),
70.07 (8), and
70.21; relating to regulation of Wisconsin's food processing plants and shellfish shippers and processors and affecting small business. Effective 6-1-13.
Summary of Effect on Small Business
This rule will have a positive impact on businesses in Wisconsin. Currently, Wisconsin businesses may receive and process molluscan shellfish from out of state, but may only sell these products within Wisconsin. This rule will allow Wisconsin businesses to expand their markets for shellfish by allowing them to process and sell molluscan shellfish in interstate commerce. In addition, this rule may provide an incentive to large wholesalers that operate in Iowa, Minnesota, and the Dakotas to locate molluscan shellfish processing operations in Wisconsin.
The implementation costs for businesses to participate in this program are expected to be minimal. The provisions of this rule are consistent with general facility and sanitation standards that food processors must already meet. Businesses that choose to participate in the program would not need to extensively modify existing facilities or implement unusually burdensome recordkeeping. Participation in the program is voluntary and only businesses that choose to sell molluscan shellfish in interstate commerce would be required to meet the requirements. There will be no additional licensing fees beyond those already required for a food processing plant license.
This rule will primarily benefit large businesses that provide wholesale food products to retail food establishment, restaurants, and other wholesale food industries nationwide. Small businesses are unlikely to participate in this program, with current regulations allowing them to receive and sell molluscan shellfish in their local market areas. Any business, regardless of size, that sells molluscan shellfish products in interstate commerce must meet NSSP requirements. A small business that chooses to participate in the program is expected to be able to easily meet program requirements. In addition, DATCP would also provide support and guidance to any small business interested in participation to ensure they meet Hazard Analysis Critical Control Points (HACCP) and other regulatory requirements.
Summary of Comments from Legislative Committees
On January 29, 2013, DATCP transmitted the above rule for legislative committee review. The rule was assigned to the Assembly Committee on Agriculture and the Senate Committee on Energy, Consumer Protection, and Government Reform. Neither committee took action. The Senate referred the rule to the Joint Committee for Review of Administrative Rules (JCRAR) on March 4, 2013, and the Assembly referred it to JCRAR on March 11, 2013. JCRAR took no action on the rule.
Agriculture, Trade and Consumer Protection
(DATCP Docket # 11-R-10)
The Wisconsin Department of Agriculture, Trade, and Consumer Protection adopts an order to amend sections
ATCP 55.02 (24),
55.04 (title),
(2) (title),
(a), and
(b), and
(6), and section
55.07 (1) (a) (intro.),
(2) (a) (intro.), and
(3) (a) (intro.); and to create sections
ATCP 55.02 (4m),
55.03 (2) (f),
55.04 (1m),
55.06 (5) (j), and
55.07 (1) (c),
(2) (d), and
(3) (c), relating to allowing certain selected Wisconsin state-inspected meat establishments to sell meat and meat products in other states and affecting small business. Effective 6-1-13.
Summary of Effect on Small Business
This rule will have a positive impact on very small state-inspected meat and poultry establishments that choose to participate and are selected for the program. The department estimates 17 establishments will participate in the program in the first year of its operation. Participation in the CIS program will allow these state-inspected meat and poultry establishments to expand their markets from only Wisconsin to all fifty states. USDA expects establishments to incur a one-time start-up cost associated with filing an application, training employees, meeting regulatory performance standards, obtaining label approval, and implementing a food safety program. Furthermore, some state-inspected establishments may need to make structural modifications to their facilities to comply with all federal requirements. The department anticipates costs associated with these activities to be minimal and likely to be offset by increased sales in a larger market area.
Wisconsin will not be able to provide flexibility to small businesses in complying with federal regulations. By complying with state regulations under a program deemed to be “at least equal to" the federal program, these businesses are essentially meeting most of the federal regulations the state program will adopt in administering a program deemed to be the “same as" the federal program. Small and very small meat and poultry establishments (as defined by USDA) in Wisconsin that choose to operate under federal inspection are already complying with the federal regulations. In addition, the CIS program is voluntary and no state-inspected meat or poultry business will be required to participate.
Summary of Comments from Legislative Committees
The legislature received the rule for legislative review from DATCP on January 7, 2013. The rule was assigned to the Assembly Committee on Agriculture and the Senate Committee on Agriculture, Small Business and Tourism. Neither committee took action. The Senate referred the rule to the Joint Committee for Review of Administrative Rules (JCRAR) on February 15, 2013, and the Assembly referred it to JCRAR on February 26, 2013. JCRAR also took no action on the rule.
Agriculture, Trade and Consumer Protection
(DATCP Docket # 12-R-03)
The Wisconsin department of Agriculture, Trade and Consumer Protection adopts the following rule to repeal section
ATCP 1.42 (2) (a),
(e),
(f),
(g),
(h), and
(L); to repeal and recreate section
ATCP 1.41; and to create section
ATCP 1.42 (1) (c); relating to discretion in enforcement of rule violations by small businesses and affecting small business. Effective 6-1-13.
Summary of Effect on Small Business
This rule will not increase any costs for businesses. The rule may produce an economic benefit for small businesses that commit minor violations of DATCP regulations when discretion is exercised to forego formal sanctions or to seek reduced sanctions.
Accommodation for Small Business
The purpose of this rule is to accommodate the particular needs of small business by authorizing DATCP to forego formal sanctions or to seek reduced sanctions when a minor violation of department rules has been committed by a small business.
Conclusion
This rule will generally benefit “small businesses." This rule will not have a significant adverse effect on “small business," and is not subject to the delayed “small business" effective date provided in s.
227.22 (2) (e), Stats.
Summary of Comments from Legislative Committees
On January 29, 2013, DATCP transmitted the above rule for legislative committee review. The rule was assigned to the Assembly Committee on Small Business Development and the Senate Committee on Agriculture, Small Business and Tourism. Neither committee took action. The Senate and Assembly referred the rule to the Joint Committee for Review of Administrative Rules (JCRAR) on March 11, 2013. JCRAR took no action on the rule.
Children and Families
Safety and Permanence, Chs.
35—59
