This rule makes minor or technical changes to a number of current DATCP rules. This rule does all of the following:
Plant Inspection and Pest Control
Makes a small change indicating that a responsible state agency, rather than a U.S. department of agriculture official, may now declare an area to be infested with thousand cankers disease.
Pesticide Use and Control
Decreases licensing fees and surcharges to be consistent with recent statutory changes.
Corrects spelling and capitalization errors.
Changes several notes to provide online resources for certification, training and examination materials. Pesticide Product Restrictions
Corrects incorrect references to subsections and the misspelling of “strychnine.”
Amends notes to update website addresses.
Removes outdated reference to treatment of aldicarb from the 1980s.
Incorporates by reference the most recent edition of the current rule standard concerning pesticide poisonings.
Modifies the record keeping provision relating to chloropicrin to reflect that soil temperature at the time of application is not required to be kept.Fertilizer and Pesticide Bulk Storage
Incorporates by reference the most recent edition of minimum design standards for concrete agrichemical containment.
Updates sections relating to the use of tarps for dry fertilizer unloading from railway cars and sections relating to asphalt and concrete block structures.Agricultural Chemical Cleanup Program
Amends references required by the renumbering of an administrative code chapter relating to the department of natural resources and corrects a statutory reference to “hazardous substance.”
Fertilizer and Related Products
Decreases various license and tonnage fees and surcharges to be consistent with recent statutory changes.
Incorporates by reference the most recent edition of the current rule standard concerning fertilizers.Commercial Feed
Updates the technical standards in the current rule to the most recent versions. Several notes have been modified to add more information about obtaining electronic copies of those publications.
Farmland Preservation
Makes a small change to add language into the zoning section to match language used in the planning section.
Soil and Water Resource Management Program
Updates several sections to reference the current versions of technical standards.
Food Warehouse and Bulk Milk Distributors
Corrects an outdated fee structure relating to the re-inspection of small warehouses which hold non-potentially hazardous foods versus those that hold potentially hazardous foods.
Fair Packaging and Labeling; Selling Commodities by Weight, Measure or Count; Weights and Measures; Petroleum and Other Liquid Fuel Products
Corrects small grammatical errors and updates the technical references to cite the current NIST Handbook and ATSM fuel standards.
Sales Below Cost
Corrects a grammatical error.
Electronic Communications Services
Aligns the rule with recent legislature changes.
Direct Marketing
Deletes a note no longer necessary in that section.
Agricultural Development and Market Promotion
Amends the “Buy Local” section to reflect a statute change that directs the matching requirement to be an amount at least equal to the grant amount.
Standards Incorporated by Reference
Pursuant to s. 227.21, Stats., DATCP has received permission from the Department of Justice to incorporate the updated technical standards incorporated by reference in this rule. Copies of the updated standards will be kept on file with DATCP and the Legislative Reference Bureau. Summary of, and Comparison with, Existing or Proposed Federal Statutes and
Regulations
The technical rule changes proposed in this rule will not create any disparities between Wisconsin rules and federal statutes and regulations.
Comparison with Rules in Adjacent States
The technical rule changes proposed in this rule will not create any disparities between Wisconsin and the adjacent states.
Summary of Factual Data and Analytical Methodologies
This rule does not depend on any complex analysis of data. This rule merely makes minor technical changes to current rules.
Analysis and Supporting Documents Used to Determine Effect on Small Business
