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Analysis and Supporting Documents used to Determine Effect on Small Business
Department staff utilized current licensing information for seed labelers in Wisconsin, as well as the Wisconsin Crop Improvement Association (WCIA) and the Wisconsin Agribusiness Association (WABA) to solicit feedback on the concept of prohibiting these weed seeds in seed labeled in Wisconsin. There was no opposition to these additions to the prohibited weed seed list.
Business Impact
The Department expects the proposed rule to have minimal economic impact.
Environmental Impact
This rule will assist in limiting the spread of noxious weed seeds in Wisconsin. Palmer amaranth and Waterhemp have caused crop devastation in other states, including in the adjacent state of Iowa. Prohibiting these noxious weed seeds in Wisconsin will have a positive environmental impact.
Federal and Surrounding State Programs
This rule proposal would update the Federal Seed Act (7 USC 1511-1611) which governs the labeling of agricultural seed intended for interstate commerce. The list of State Noxious-Weed Seed Requirements Recognized in the Administration of the Federal Seed Act would be updated to reflect our changes.
DATCP Contact
Questions and comments related to this rule may be directed to:
Greg Helmbrecht
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-4596
Rule comments will be accepted up to two weeks after the last public hearing is held on this rule. Hearing dates will be scheduled after this emergency rule is approved by the Governor and published in the Wisconsin State Journal.
(1)   Palmer amaranth and Waterhemp weed seeds are not currently prohibited noxious weed seeds in Wisconsin, so there is a risk that these seeds may be distributed in Wisconsin. Adjacent states, including Iowa, are facing the emergence of these herbicide resistant weeds due to the distribution of seed that included these weeds. These weeds spread quickly and are extremely difficult to eradicate, risking cropland and crop production.
(2)   The Department is adopting this rule as a temporary emergency rule, pending completion of a permanent rule.
  SECTION 1. ATCP 20.01(27) is amended to read:
(27) “Prohibited noxious weed seeds” means the seeds of weeds that are highly destructive and difficult to control by good cultural practices and use of herbicides. “Prohibited noxious weed seeds” includes: Amaranthus palmeri (Palmer amaranth), Amaranthus tuberculatus (Waterhemp), convolvulus arvensis (field bindweed), euphorbia esula (leafy spurge), cirsium arvense (Canada thistle), panicum miliaceum (wild proso millet), eriochloa villosa (woolly cupgrass), pueraria montana var. lobate (kudzu), polygonum perfoliatum (mile-a-minute weed), centaurea picris (Russian knapweed), and centaurea maculos (spotted knapweed).
  SECTION 2. EFFECTIVE DATE: This emergency rule takes effect upon publication and remains in effect for 150 days. The department may seek to extend this emergency rule as provided in s. 227.24, Stats.
  Dated this ____ day of ________, 2018.
              State of Wisconsin
Department of Agriculture, Trade and Consumer Protection
By Sheila E. Harsdorf, Secretary
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.