SS 085-16

DOR's existing policy is to treat animals sold to universities and government agencies as sold for exclusive and direct use in qualified research. The rule is being updated to reflect this policy.

3. Detailed explanation of statutory authority for the rule (including the statutory citation and language):

Section 77.54 (57) (b) 3. and 4., Stats., provides, in part, exemptions for certain purchases made by persons who raise animals sold primarily to a "biotechnology business," for use in qualified research. Section 77.51 (1d), Stats., defines "biotechnology business," in part, to mean "…a business certified by the department in the manner prescribed by the department…".

DOR is using its authority under s. 77.51 (1d), Stats., to modify the manner in which it certifies a "biotechnology business" for purposes of s. 77.54 (57), Stats.

Section 77.65 (3), Stats., provides "[t]he department may promulgate rules to administer this section…"

Section 227.11 (2) (a), Stats., provides “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute...”

4. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:

The department estimates it will take approximately 100 hours to develop the rule.

5. List with description of all entities that may be affected by the proposed rule:

Purchasers and sellers of the products described above.

6. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:

There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.

7. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):

No economic impact is anticipated.

Contact Person: Janet Abrams [phone]