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DATCP Docket#: 17-R-07             Proposed Hearing Draft
Rules Clearinghouse No.             February 9, 2018    
The Wisconsin department of agriculture, trade and consumer protection proposes the following order to repeal ATCP 99.22(2), 163, 164, 165, 166; to amend ATCP 21.21 (1)(c)1. and (Note), 21 Appendix A, 40.04(1), (4)(b) and (c), 40.06 (1), (2)(f) and (5), 40.08(8) and (Note), 40.10(4)(b)2. and (Note), 40.12(2)(c)1. and (Note), 40.16(2) and (Note), 40.18 (2) and (Note), 40.20(1), 40.22(1), (1)(a), and (4), 40.26(5) and (Note), 40.28(2)(g)1. and (Note), 42.06(3), 42.16(1)(b) and (2)(b), 42.32(2)(b), 42.40(4)(b), 42.44(6)(a) and (b), 42.48 (2)(a)6., 42.54(1)(a), 65.23(1)(a), (2)(a) and (2)(b), 71.02(11)(a), (b) and (c), 73, 73.04(4)(b), 76, 77, 78, 79, 79.13(2)(b) and (3)(d), 90.01(15g) and (Note) and (15r) and (Note), 90.03(1)(b), 90.04(7) (Note), 91.01(4) and (Note), 91.03(3)(L), 92.01(10h) and (Note), (10p) and (Note), and (10t) and (Note), 92.30 (9) and (Note), 94.200(1)(a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), and (L), 118.02(2)(b), 118.12; and to create 105.23(2)(bm), relating to various minor and technical rule changes.
Analysis Prepared by the Department of Agriculture,
Trade and Consumer Protection
This rule makes minor and technical changes to a number of current rules administered by the Department of Agriculture, Trade and Consumer Protection (Department).
Statutes Interpreted
Statutes Interpreted:   Wis. Stat. chs. 93, 94, 97, 98, 126, and 168.
Statutory Authority
Statutory Authority: Wis. Stat. §§ 93.12 (5) Lab Certification, 93.12 (7) Fees, 94.64(9) Fertilizer, 94.72(13) Commercial Feed, 97.20(4) Dairy Plants, 97.27(5) Food Warehouses, 97.625(1) Local Health Departments, 97.67(1) and (2m) Recreational Licenses and Fees, 97.09 Food, Lodging and Recreation, 98.03(2) Weights and Measures, 126.81 Agricultural Producer Security, 168.16 Petroleum Products and Dangerous Substances, and 93.07 (1) and (24).
Explanation of Statutory Authority
The Department has general authority, under § 93.07(1), Stats., to adopt rules to interpret laws under its jurisdiction. It also has specific rulemaking authority related to various matters addressed by this rule (see citations above). This rule makes minor and technical changes to a number of different rules administered by the Department. The changes are adopted under the same authority used to adopt the original rules.
Related Rules or Statutes
This rule is not substantially affected by statutes or rules other than those identified in this rule.
Plain Language Analysis
This rule makes minor or technical changes to a number of current Department rules. This rule does all of the following:
Plant Inspection and Pest Control
Adds the state of Maryland to the section specific to the thousand cankers disease of walnut trees infested area. Adds additional county, state, and provincial references in Appendix A, Areas Infested by Hemlock Woolly Adelgid.
Fertilizer and Related Products
Changes the expiration date of a license to a later date, lowers the fee for the agricultural chemical cleanup surcharge, and updates referenced publications to the most recent versions.
Commercial Feed
Updates the referenced publications and technical standards to the most recent versions.
Milk and Milk Products
Corrects references to federal regulations.
Food Warehouses and Milk Distributers
Corrects references to federal regulations.
Bed and Breakfast Establishments
Replaces a specific term to make the language of the rule consistent with the Department’s use of permits and licenses. This rule was previously under the Department of Health Services.
Safety, Maintenance, and Operation of Public Pools and Water Attractions
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.