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DATCP Docket No. 15-R-05
Rules Clearinghouse No.
Hearing Draft Rule
March 31, 2016
 
PROPOSED ORDER
OF THE WISCONSIN DEPARTMENT OF AGRICULTURE,
TRADE AND CONSUMER PROTECTION
ADOPTING RULES
The Wisconsin department of agriculture, trade and consumer protection proposes the following rule to amend ATCP 20.01 (1), (5) and (33), 20.04 (1) (intro.), 20.06 (2) (c) 1 and (b) and 20.14 (1), (4) (intro.) and (5) (intro.) and to create 20.01 (23m) and 20.04 (6) relating to non-commercial distribution of seed.
Analysis Prepared by the Department of Agriculture,
Trade and Consumer Protection
The Wisconsin Department of Agriculture, Trade and Consumer Protection (“Department”) administers Wisconsin’s seed law under ss. 94.38 to 94.46, Stats. The seed law regulates the labeling and sale of agricultural seed. The law applies to nearly all seed sold for sowing purposes, including crop seed, vegetable seed for home gardens, lawn and turf seed, flower seed and native species seed. The law does not apply to tree or shrub seeds.
This rule makes Wisconsin’s seed law applicable to seed distribution for non-commercial purposes conducted by seed-sharing organizations, commonly known as seed libraries. The seed sharing organizations are required to meet basic labeling requirements and are required to be licensed.
Statutes Interpreted
  Statutes Interpreted:   ss. 93.07 (1), 94.38 to 94.46, Stats.
Statutory Authority
  Statutory Authority:   ss. 93.07 (1) and 94.45 (6), Stats.
Explanation of Statutory Authority
The Department has general authority, under s. 93.07 (1), Stats., to interpret laws under its jurisdiction. The Department has specific authority, under ss. 94.45 (6), Stats., to promulgate rules for:
The testing, labeling, distribution and sale of agricultural seed (including crop seed, vegetable seed for home gardens, lawn and turf seed, flower seed and native species seed).
Seed labeler licensing.
Seed law administration.
Related Rules or Statutes
This rule has no related rules or statues.
Plain Language Analysis
This rule modifies Wisconsin rules governing the sale and labeling of agricultural and vegetable seed to require non-commercial seed sharing entities to meet basic labeling requirements and to be licensed.
Business Impact
This rule will have no impact upon businesses as it relates only to non-commercial distribution of seed.
Environmental Impact
This rule will have no environmental impact.
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