Wisconsin Legislature: 001 - CR 18-019 Rule Text

Fair Packaging and Labeling; Selling Commodities by Weight, Measure or Count; Weights and Measures; Petroleum and Other Liquid Fuel Products

- Corrects small grammatical errors.

- Updates the technical references so as to cite the current NIST Handbook and ASTM fuel standards.

- Amends notes to reference website addresses and form numbers.

- Removes obsolete notes.

Sales Below Cost

Adds a provision allowing for electronic notice.

Car Rentals; Customer Notices

Grammatical corrections.

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 any 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 or 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 businesses. This rule makes minor technical changes that will not have an 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 or technical changes, this rule will have no significant impact on the environment.

Agency Contact

Cheryl Furstace Daniels, Assistant Legal Counsel

Department of Agriculture, Trade and Consumer Protection

2811 Agriculture Drive

Madison, WI 53718

(608) 224-5026

Cheryl.Daniels@Wisconsin.gov

Section 1 ATCP 21.16(1) is amended to read:

(1) Hemlock imports restricted. Except as provided in sub. (2), no person may import any of the following items to this state from California, Connecticut, Delaware, Georgia, Idaho, Kentucky, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New York, New Jersey, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, Washington, West Virginia, the District of Columbia, British Columbia, Nova Scotia, and any of the infested areas identified in Appendix A state or country, or any delineated area within a state or country, which the responsible state agency has declared to be infested with hemlock woolly adelgid:

Section 2 ATCP 21.21 (1) (c) 1. and (Note) are amended to read:

1. The states of Arizona, California, Colorado, Idaho, Maryland, Nevada, New Mexico, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee, Utah, Virginia, and Washington.

Note: Information on areas with confirmed populations by the USDA can be found at: http://www.thousandcankerdisease.com/ http://thousandcankers.com.

Section 3 ATCP 21 Appendix A is repealed.

Section 4 ATCP 40.04(1) is amended to read:

(1)

Annual license required. Except as provided in sub. (2), no person may manufacture or distribute a fertilizer in this state without an annual license from the department. A separate license is required for each business location or mobile unit at which a person manufactures fertilizer in this state. A license is not transferable between persons or locations. A license expires on August 14 September 30 of each year.

Section 5 ATCP 40.04 (4) (b) and (c) are amended to read:

(b) Except as adjusted under 94.73(15), a $11.20 agricultural chemical cleanup surcharge for each business location and each mobile unit at which the applicant proposes to manufacture fertilizer in this state, other than a business location or mobile unit licensed under s. 94.685 or s. 94.703, Stats. If the applicant distributes but does not manufacture fertilizer in this state, the applicant shall pay a single agricultural chemical cleanup surcharge of $11.20.

(c) A late renewal fee equal to 20% of the combined license fees and surcharges required under pars. (a) and (b), whichever is greater, if the applicant fails to apply for a renewal license before the prior year's license expires.

Section 6 ATCP 40.06(1) is amended to read:

(1) Annual tonnage report and fee payment. By August 14 September 30 of each year, a person required to hold a fertilizer license under s. ATCP 40.04 shall do all of the following:

Section 7 ATCP 40.06 (2) (f) is amended to read:

(f) An agricultural chemical cleanup surcharge of 44 11 cents per ton, or the adjusted amount under s. 94.73(15).

Section 8 ATCP 40.06 (5) is amended to read

(5) Penalties for late filing. A person who fails to comply with sub. (1) by August 14 September 30 shall pay an additional fee of 10 percent of the tonnage fees due, but not less than $10.

Section 9 ATCP 40.08 (8) and (Note) are amended to read:

(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. 68 71 (20152018).

Note: The Official Publication of the Association of American Plant Food Control Officials, No. 68 71 (20152018) 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 10 ATCP 40.10 (4) (b) 2. and (Note) are amended to read:

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. 68 71 (20152018).

Section 11 ATCP 40.12 (2) (c) 1. and (Note) are amended to read:

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. 68 71 (2015 2018).

Section 12 ATCP 40.16 (2) and (Note) are amended to read:

(2) Test methods. The department may test official fertilizer samples to determine compliance with nutrient guarantees. The department shall test official samples using applicable methods from the “Official Methods of Analysis of AOAC International," volume I, 17 20th edition as updated by the 2nd revision (2003 2016).

Note: The “Official Methods of Analysis of AOAC International," volume I, 17 20th edition as updated by the 2nd revision (2003 2016) is on file with the department and the legislative reference bureau. Copies are available from AOAC International at 481 N. Frederick Ave., Suite 500, Gaithersburg, MD 20877-2417.

Section 13 ATCP 40.18 (2) and (Note) are amended to read:

(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. 68 71 (2018), statement of uniform interpretation and policy number 25, (2015).

Note: Statement of uniform interpretation and policy number 25, from the The Official Publication of the Association of American Plant Food Control Officials, No. 68 71 (20152018), which contains the statement of uniform interpretation and policy number 25, 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.