Wisconsin Department of Agriculture, Trade and Consumer Protection
Final Regulatory Flexibility Analysis
Rule Subject: Milk Contractors
Adm. Code Reference: ATCP 100
Rules Clearinghouse #: Not yet assigned
DATCP Docket #: 16-R-01
Rule Summary
This rule does the following:
•Amends one of three fund assessment exemption requirements for milk contractors, reducing the overall fund minimum balance requirement from $11 million to $5 million.
Small Business Affected
This rule will have a positive impact on milk contractor business by allowing those that meet fund assessment exemption requirements under ss. ATCP 100.135 (10) (a) and (b) of the Wisconsin Administrative Code, to not pay fund assessments if the producer security overall fund balance is at least $5 million on February 28 of the preceding license year. The milk contractor industry would otherwise be required to pay an additional $590,000 - $1,190,000 annually until the overall fund balance reaches a minimum of $11 million. This rule will slow the growth of the overall fund balance; therefore, it could have a negative effect on small milk, grain and vegetable producer businesses in the event of future large defaults.
Reporting, Bookkeeping and other Procedures
The proposed rule does not create any new reporting, bookkeeping or other procedures for small businesses.
Professional Skills Required
The proposed rule does not require any new professional skills by small businesses.
Accommodation for Small Business
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.
Conclusion
This rule will have significant impact on affected businesses, including “small businesses.” Negative effects, if any, would result only in the event of a large default by dairy, grain or vegetable contractors. 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.
