Notice of Hearing
Agriculture, Trade and Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold a public hearing on proposed rules to revise Chapters ATCP 30
, and 161
that make minor remedial drafting changes to a number of department rules.
DATCP will hold a public hearing at the time and place shown below:
Date and Time:
November 16, 2010
Dept. of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive
Madison, WI 53718
Hearing impaired persons may request an interpreter for this hearing. Please make reservations for a hearing interpreter by Friday, November 12, 2010, by writing to Karen Schultz, Office of Legal Counsel, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-5023. Alternatively, you may contact the DATCP TDD at (608) 224-5058. Handicap access is available at the hearing.
Submittal of Written Comments
DATCP invites the public to attend the hearing and comment on the proposed rule. Following the public hearing, the hearing record will remain open until Friday, November 26, 2010
for additional written comments. Comments may be sent to the Office of Legal Counsel at the address below, by email to Karen.Schultz@wisconsin.gov
or online at: http://AdminRules.Wisconsin.gov/
To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to Keeley.Moll@wisconsin.gov
or by telephone at (608) 224-5039.
Copies of Proposed Rule
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Office of Legal Counsel, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-5023 or emailing Karen.Schultz@wisconsin.gov
. Copies will also be available at the hearings. To view the proposed rule online, go to:http://AdminRules.Wisconsin.gov/
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
This rule makes minor technical changes to a number of current rules administered by the Department of Agriculture, Trade and Consumer Protection (“DATCP").
Explanation of statutory authority
DATCP has general authority, under s. 93.07 (1)
, Stats., to adopt rules to interpret laws under its jurisdiction. It also has specific rulemaking authority related to various matters addressed by this rule (see above). This rule makes minor changes to a number of different rules administered by DATCP. The changes are adopted under essentially the same authority used to adopt the original rules.
Related statute(s) or rule(s)
This rule is not substantially affected by other statutes or rules, other than those identified in this rule.
Plain language analysis
This rule makes minor or technical changes to a number of current DATCP rules. This rule does all of the following:
This rule repeals an obsolete rule provision requiring DATCP to make a report on its atrazine pesticide rules (subch. VIII of ch. ATCP 30
, Wis. Adm. Code) by April 1, 1996. DATCP made a timely report in response to that (now obsolete) reporting requirement. This rule makes no substantive change to the current atrazine rules, which are designed to protect groundwater from atrazine contamination. DATCP annually reviews and updates its atrazine rules, based on the most recent groundwater survey and test data.
Agricultural Chemical Cleanup Program
This rule makes minor technical wording changes to current rules related to the agricultural chemical cleanup program (ch. ATCP 35
, Wis. Adm. Code). This rule makes no substantive change to the current rules.
Payment to Ethanol Producers
This rule repeals obsolete rules related to DATCP payments to ethanol producers (subch. III of ch. ATCP 161
, Wis. Adm. Code), because the ethanol producer payment program has been eliminated. Section 93.75, Stats., which created the program, was repealed by 2007 Wis. Act 20
Weights and Measures
This rule updates technical standards incorporated by reference in current rules related to fair packaging and labeling (ch. ATCP 90
, Wis. Adm. Code), methods of sale of commodities (ch. ATCP 91
, Wis. Adm. Code), and fair weights and measures (ch. ATCP 92
, Wis. Adm. Code). The technical standards are published by the National Institute of Standards and Technology (NIST). This rule incorporates the latest published editions of the relevant NIST standards, which include routine technical updates to the previously-cited editions.
Other Minor Edits
This rule corrects typographical errors and makes other non-substantive edits to current rules, as needed.
Comparison with federal regulations
This rule updates references to weights and measures technical standards published by the National Institute of Standards and Technology (NIST). By incorporating the latest NIST standards, this rule keeps Wisconsin standards consistent with applicable national standards.
Comparison with rule(s) in surrounding states
This rule does not have a significant impact on programs in this state or other states, or create any significant disparity between this state and other states. The updated national weights and measures standards (NIST standards) incorporated by this rule are the same standards used in other states.
Data and analytical methodologies
This rule does not depend on any complex analysis of data. This rule merely makes minor or technical changes to current rules.
Standards incorporated by reference
This rule updates references to certain weights and measures technical standards (NIST standards) that are incorporated by reference in current rules. Updated technical standards include standards found in NIST Handbooks 44, 130 and 133 (2011 editions).
Pursuant to s. 227.21
, Stats., DATCP will request permission from the Department of Justice to incorporate the updated technical standards by reference in this rule. Copies of the updated standards will be kept on file with DATCP and the Legislative Reference Bureau.
This rule will have no significant fiscal impact on DATCP or local units of government This rule will not have a substantial impact on DATCP administrative or operating costs.
Small Business Impact
This rule will not have any significant impact on small business or other business. This rule makes minor technical “housekeeping" changes that will not have a significant impact on business standards, costs or operations.
This “housekeeping" rule will have no significant environmental impact.
Agency Contact Person
Questions or comments related to this rule may be sent to the following address:
Department of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive
Madison, WI 53718
Telephone: (608) 224-5023