Rule-Making Notices (Hearing Notices)

rulemaking_notices Wisconsin Administrative Register No. 705, 9/14/2014

Rule-Making Notices

Notice of Hearings

Agriculture, Trade and Consumer Protection

rulemaking_notices CR 14-051 CR 14-051

(DATCP DOCKET # 14-R-06)

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed rule revising Chapter ATCP 141, relating to the cherry marketing order.

Hearing Information

Date:   Tuesday, September 30, 2014
Time:   12:30 p.m. to 2:30 p.m.
Location:   Peninsular Agricultural Research Station
  4312 Highway 42 North
  Sturgeon Bay, WI 54235

Hearing impaired persons may request an interpreter for this hearing. Please make reservations for a hearing interpreter by September 16th, 2014, by writing to Stacie Ashby, Division of Agricultural Development, P.O. Box 8911, Madison, WI 53708-8911; or by emailing [e-mail]; or by telephone at [phone]. Alternatively, you may contact the DATCP TDD at [phone]. The hearing facility is handicap accessible.

Appearances at the Hearing, Copies of Proposed Rule, and Submittal of Written Comments

DATCP will hold a public hearing at the time and place shown above. DATCP invites the public to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until October 14th, 2014, for additional written comments. Comments may be sent to the Division of Agricultural Development at the address below, or to [e-mail], or to http://adminrules.wisconsin.gov.

You can obtain a free copy of this hearing draft rule and related documents including the economic impact analysis by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Development, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling [phone] or by emailing [e-mail]. Copies will also be available at the hearing. To view the hearing draft rule online, go to: http://adminrules.wisconsin.gov.

Comments or concerns relating to small business may also be addressed to DATCP's small business regulatory coordinator Keeley Moll at the address above, or by email to [e-mail], or by telephone at [phone].

Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection

This rule changes the cherry marketing board from a 7 member board with two districts each represented by 3 board members plus one at large member to a 5 member board with all members elected at large.

Statutory authority

Statutory authority: Sections 93.07 (1) and 96.15, Stats.

Statutes interpreted: Chapter 96, Stats.

The Wisconsin Department of Agriculture, Trade and Consumer Protection (“DATCP") has general authority to adopt rules interpreting statutes under its jurisdiction under s. 93.07 (1), Stats. DATCP is specifically authorized to adopt rules under s. 96.15, Stats., to facilitate the administration and enforcement of ch. 96, Stats. (the Agricultural Marketing Act).

Related rules or statutes

Chapter ATCP 140 is the overarching rule applicable to each of the individual marketing orders. Chapters ATCP 141 through 148 are the marketing orders with ch. ATCP 141 being the marketing order for cherries.

Plain language analysis

Background

DATCP administers Wisconsin's agricultural marketing law which authorizes the creation of marketing orders for agricultural commodities. Each marketing order board collects assessments from producers of the applicable commodity. The assessments may be expended by the board for promotion, research or consumer education of the commodity. The provisions of ch. 96, Stats., and ch. ATCP 140 Wis. Adm. Code and the applicable marketing order (chs. ATCP 141 to 148) govern the organization of each of the seven marketing order boards, the election of marketing board members, the assessment of producers, and the use of assessments.

In recent years, the number of cherry growers has decreased so that currently there are 33 growers. The number of growers in each district has also changed. With the number of growers down to 33, it became difficult to consistently elect 7 members willing to serve on the Board. The Board requested the proposed amendment in order to have representation appropriate to the size of the industry. The Board also requested that the elections be at large rather than by district so that the representation would remain equitable regardless of changes to the location of producers.

In order to make any change to a marketing order, in addition to conducting the traditional rulemaking process, the change must be approved at a referendum of the producers of the affected commodity.

Rule content

This rule changes the cherry marketing board from a 7 member board with two districts each represented by 3 board members plus one at large member to a 5 member board with all members elected at large.

Summary of, and comparison with existing or proposed federal statutes and regulations

Federal programs

There is a federal marketing order for cherries under which assessments are collected in a manner similar to the state cherry marketing order. The state and federal marketing orders are operated cooperatively to effectively use the assessments for the benefit of cranberry growers.

Surrounding state programs

There are very few cherry producers in the surrounding states and none of the surrounding states have a cherry marketing order.

Data and analytical methodologies

DATCP worked with representatives of the Wisconsin cherry industry to determine the changes proposed in this rule.

Analysis and supporting documents used to determine effect on small business

DATCP worked with representatives of the Wisconsin cherry industry determine the effect of the proposed rule on small businesses.

Effect on Small Business

This rule will have no negative economic impact on small businesses. The reduction of board membership plus the elimination of election districts will reduce the cost of administering elections and thus free up more assessment monies for cherry promotion, research, and education benefiting cherry growers.

Contact Person

Stacie Ashby

[phone]

[e-mail]

Initial Regulatory Flexibility Analysis

Rule Subject:     Cherry Marketing Order

Adm. Code Reference: Chapter ATCP 141

Rules Clearinghouse #: CR 14-051

DATCP Docket #:   14-R-06

Rule summary

This rule changes the cherry marketing board from a 7 member board with two districts each represented by 3 board members plus one at large member to a 5 member board with all members elected at large.

Small business affected

This rule applies to cherry growers which are all small businesses. This rule will have no negative economic impact on small businesses. The reduction of board membership plus the elimination of election districts will reduce the cost of administering elections and thus free up more assessment monies for cherry promotion, research and education benefiting cherry growers.

Reporting, bookkeeping, and other procedures

The rule creates no reporting, bookkeeping or other procedures for small businesses.

Professional skills required

The proposed rule does not require profession skill of small businesses.

Accommodation for small business

The rule has no negative impact upon small businesses and thus no accommodation is needed.

Conclusion

This rule will generally benefit affected businesses, including “small businesses." This rule will not have any adverse effect on “small business," and is not subject to the delayed “small business" effective date provided in s. 227.22 (2) (e), Stats.

ADMINISTRATIVE RULES FISCAL ESTIMATE AND ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
Administrative Rule Chapter, Title and Number
Ch. ATCP 141, Cherry Marketing Order
Subject
Marketing Order program for Cherries
Fund Sources Affected			Chapter 20 , Stats. Appropriations Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS X SEG ⍽ SEG-S			None
Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Costs
The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		X Specific Businesses/Sectors ⍽ Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
Policy Problem Addressed by the Rule
This rule changes the cherry marketing board from a 7 member board with two districts each represented by 3 board members plus one at large member to a 5 member board with all members elected at large. DATCP administers Wisconsin's agricultural marketing law which authorizes the creation of marketing orders for agricultural commodities. Each marketing order board collects assessments from producers of the applicable commodity. The assessments may be expended by the board for promotion, research or consumer education of the commodity. The provisions of Ch. 96, Stats., and Ch. ATCP 140 Wis. Adm. Code and the applicable marketing order (Chs. ATCP 141 to 148) govern the organization of each of the seven marketing order boards, the election of marketing board members, the assessment of producers and the use of assessments. In recent years, the number of cherry growers has decreased so that currently there are 33 growers. The number of growers in each district has also changed. With the number of growers down to 33, it became difficult to consistently elect 7 members willing to serve on the Board. The Board requested the proposed amendment in order to have representation appropriate to the size of the industry. The Board also requested that the elections be at large rather than by district so that the representation would remain equitable regardless of changes to the location of producers.
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
Local Governments This rule will not impact local governments. Cherry Growers This rule will have no negative economic impact on small businesses. The reduction of board membership plus the elimination of election districts will reduce the cost of administering elections and thus free up more assessment monies for cherry promotion, research and education benefiting cherry growers. Utility Rate Payers The rule will have no impact on utility rate payers. General Public This rule will have no effect on the general.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Benefits This rule will benefit cherry growers by improving and making more equitable representation on the Cherry Marketing Board and by reducing the cost of cherry Board elections thereby freeing up more assessment monies for cherry promotion, research and education. General Public The general public will benefit from this rule as a result of continued growth of an important segment of the Wisconsin economy. Alternatives The alternative is to leave cherry board representation as is instead of making the representation that is more equitable and appropriate to the size of the industry.
Long Range Implications of Implementing the Rule
Long-term, implementing the rule will benefit business, the general public, and the Wisconsin economy as improved representation and lower cost elections will promote growth of the cherry industry in Wisconsin.
Compare With Approaches Being Used by Federal Government
There is a federal marketing order for cherries under which assessments are collected in a manner similar to the state cranberry marketing order. The state and federal marketing orders are operated cooperatively to effectively use the assessments for the benefit of cranberry growers.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
There are very few cherry producers in the surrounding states and none of the surrounding states have a cranberry marketing order. Comments Received in Response to Web Posting and DATCP Response No comments were received in response either to the posting on the DATCP external website or the statewide administrative rules website.

Notice of Hearings

Natural Resources

Environmental Protection — General, Chs. NR 100—