- Wis. Stat. § 97.09, Food, Lodging and Recreation - Wis. Stat. § 98.03 (2), Weights and Measures - Wis. Stat. § 126.81, Agricultural Producer Security - Wis. Stat. § 168.16, Petroleum Products and Dangerous Substances Explanation of Statutory Authority
The Department has general authority, under Wis. Stat. § 93.07(1), to adopt rules to interpret laws under its jurisdiction. It also has specific rule-making authority under Wis. Stat. § 93.07(12) to make, modify, and enforce reasonable rules needed to prevent the dissemination of pests and to declare and manage emergencies relating to the detection and control of pests injurious to plants. The Department has specific authority under Wis. Stat. § 94.72(13) to proscribe and enforce administrative rules and regulations relating to commercial feed. The Department has specific authority under Wis. Stat. § 97.67 to regulate campgrounds and camping resorts, recreational and educational camps, and public swimming pools. The Department has specific authority under Wis. Stat. § 168.16 to promulgate reasonable rules relating to the administration and enforcement of petroleum products. 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 proposed rule makes minor or technical changes to a number of current Department rules, specifically:
Plant Inspection and Pest Control
The proposed rule adds the state of Maryland to the section specific to the thousand cankers disease of walnut trees infested area. The rule repeals Appendix A, Areas Infested by Hemlock Woolly Adelgid, and amends the rule to clarify which geographic areas are subject to import controls for this disease.
Fertilizer and Related Products
The proposed rule 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 Distributors
Corrects references to federal regulations.
Hotels, Motels and Tourist Rooming Houses
The proposed rule 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 (DHS).
Bed and Breakfast Establishments
The rule 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 (DHS).
Safety, Maintenance, and Operation of Public Pools and Water Attractions
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 (DHS).
Recreational and Educational Camps
Replaces a specific term to make the language of the rule consistent with the Department’s use of the terms “permit” and “license.” This rule was previously under the Department of Health Services (DHS).
Campgrounds
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 (DHS).
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
