Wisconsin Legislature: 001 - CR 16-012 Rule Text

Removes obsolete notes.

Petroleum and Other Liquid Fuel Products

Updates the technical references to cite the current NIST Handbook and ATSM fuel standards and amends notes to reference current website addresses and form numbers.

Sales Below Cost

Corrects a grammatical error.

Direct Marketing

Corrects a grammatical error.

Residential Rental Practices

Removes an obsolete note.

Cherry Marketing Order

Removes a note and set of brackets that were added during previous rulemaking to correct the inadvertent removal of language from a subsection.

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

Because this rule makes minor technical changes, no significant analysis or documentation was required to determine that the proposed rule will have no impact on small businesses.

Effect on Business Impact

This rule will not have any impact on small businesses or other business. This rule makes minor technical changes that will not have any impact on business standards, costs or operations. See the Initial Regulatory Flexibility Analysis that accompanies this rule.

Environmental Impact

Since this rule only makes minor technical changes, this rule will have no significant impact on the environment.

Agency Contact for Submitting Comments

Questions or comments related to this rule may be sent to the following address:

Kelly Monaghan

Department of Agriculture, Trade and Consumer Protection

2811 Agriculture Drive

Madison, WI 53718

Telephone: (608) 224-5023

E-Mail: kelly.monaghan@wi.gov

Comments must be received no later than 14 days following the administrative rule hearing.

Section 1 ATCP 30.24 (8) (b) 1. is amended to read:

ATCP 30.24 (8) (b) 1. A prohibition area is created to include every township quarter-quarter section lying wholly or in part within one mile of a point of standards application at which aldicarb residues have been detected in groundwater at a concentration of 10 ppb or more, based on a reliable groundwater test result received by the division at any time before or after April 1, 1988. If the reliable groundwater test result was received by the division before April 1, 1988, the prohibition area is created on April 1, 1988. If the reliable groundwater test result is received by the division after April 1, 1988, the. The prohibition area is created on the date when the groundwater test result is received by the division. The one mile radius from the point of standards application shall be calculated from the center point of the township quarter-quarter section in which the actual point of standards application is located.

Section 2 ATCP 30.31 (4) (a) and (b) are amended to read:

ATCP 30.31 (4) (a) Atrazine product may only be applied by a certified private applicator or by a person who is certified as a commercial applicator in the appropriate pesticide use category under s. ATCP 29.16 29.31.

(b) Atrazine product may only be mixed or loaded by a certified private applicator or by a person who is certified as a commercial applicator or mixer-loader in the appropriate pesticide use category under s. ATCP 29.16 29.31.

Section 3 ATCP 40.08 (8) and (Note) are amended to read:

ATCP 40.08 (8) Terms and definitions. Terms used in fertilizer labeling shall be consistent with the fertilizer terms and definitions contained in the Official Publication of the Association of American Plant Food Control Officials, No. 67 (2014) 68 (2015).

Note: The Official Publication of the Association of American Plant Food Control Officials, No. 67 (2014) 68 (2015) is on file with the department and the legislative reference bureau. Copies may be obtained from the treasurer of the Association of American Plant Food Control Officials, Inc., North Carolina Department of Agriculture, P.O. Box 33508, Raleigh, NC 33636-3508, or online at http://www.aapfco.org.

Section 4 ATCP 40.10 (4) (b) 2. and (Note) are amended to read:

ATCP 40.10 (4) (b) 2. Identify the source of each plant nutrient, using only terms defined in the Official Publication of the Association of American Plant Food Control Officials, No. 67 (2014) 68 (2015).

Section 5 ATCP 40.12 (2) (c) 1. and (Note) are amended to read:

ATCP 40.10 (2) (c) 1. The source material is accurately described by a term defined in the Official Publication of the Association of American Plant Food Control Officials, No. 67 (2014) 68 (2015).

Section 6 ATCP 40.18 (2) and (Note) are amended to read:

ATCP 40.18 (2) No fertilizer may contain a metal in a concentration that exceeds the maximum allowable concentration specified for that metal in the Official Publication of the Association of American Plant Food Control Officials, No. 67 68, statement of uniform interpretation and policy number 25, (2014 2015).

Note: Statement of uniform interpretation and policy number 25, from the Official Publication of the Association of American Plant Food Control Officials, No. 67 68 (2014 2015), is on file with the department and the legislative reference bureau. Copies may be obtained from the treasurer of the Association of American Plant Food Control Officials, Inc., North Carolina Department of Agriculture, P.O. Box 33508, Raleigh, NC 33636-3508, or online at http://www.aapfco.org.

Section 7 ATCP 42.06 (3) is amended to read:

ATCP 42.06 (3) Single-ingredient feeds. Product names for single-ingredient commercial feeds shall be consistent with the feed ingredient definitions specified in the 2014 2015 Official Publication of the Association of American Feed Control Officials.

Section 8 ATCP 42.16 (1) (b) and (2) (b) are amended to read:

ATCP 42.16 (1) (b) Paragraph (a) does not apply to a commercial feed which is defined as a single ingredient feed product by the 2014 2015 Official Publication of the Association of American Feed Control Officials.

(2) (b) The official name of that ingredient as stated in the 2014 2015 Official Publication of the Association of American Feed Control Officials.

Section 9 ATCP 42.32 (2) (b) is amended to read:

ATCP 42.32 (2) (b) The official name of that ingredient as stated in the 2014 2015 Official Publication of the Association of American Feed Control Officials.