DATCP Docket No. 17-R-07 Final Draft Rule
Rules Clearinghouse No. 18-019 December 5, 2019
ORDER OF THE WISCONSIN
DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION
ADOPTING RULES
The Wisconsin department of agriculture, trade and consumer protection proposes the following order to repeal ATCP 21 Appendix A; 76 Table of Contents Note 2, 91.03(3) (L) and 99.22(2); to amend ATCP 21.16(1); 21.21 (1) (c) 1. and (Note); 40.04 (1) and (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); 72 Table of Contents; 72.03 (1), (8) and (13); 72.04; 72.05; 72.06 (1) (b) 4. and (2) (b); 72.07; 72.08 (1) (a) and (e) and (3); 72.09; 72.12 (1); 73 Table of Contents; 73.03 (1); 73.04; 73.05; 73.06 (1) (b) 4. and (2) (b); 73.07; 73.08 (1) (a) and (3); 76 Table of Contents, Subchapter I; 76.04 (4); 76.05; 76.06; 76.07(1) (b) 4. and (2) (b); 76.08; 76.09 (1) (a) and (e) and (3); 76.10; 78 Table of Contents; 78.03 (3), (5) (a), (11) and (16); 78.05; 78.06; 78.07 (1) (b) 4 and (2) (b); 78.08; 78.09 (1) (a) and (e) and (3); 78.10; 78.18 (6); 79 Table of Contents; 79.03 (1) and (24); 79.05; 79.06; 79.07 (1) (b) 4., (2) (b) 1. and (4) (b); 79.08; 79.09 (1) (a) and (e) and (3); 79.10; 79.13 (2) (b), (3) (a) 2 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) ; 92.01 (10h) and (Note), (10p) and (Note), and (10t) and (Note); 92.30 (9) and (Note); 94.200 (1); 118.02 (2) (b); 118.12 (2) (a) and (c); and to create 105.23 (2) (bm), relating to various minor and technical rule changes.
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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” or “DATCP”).
Statutes Interpreted
Statutory Authority
Statutory Authority:
- Wis. Stat. § 93.07 (1), Department Duties: Regulations - Wis. Stat. § 93.07 (24), Department Duties: Enforcement of Laws - Wis. Stat. § 97.27 (5), Food Warehouses - Wis. Stat. § 97.625 (1), Local Health Departments - Wis. Stat. § 97.67 (1) and (2m), Recreational Licenses and Fees - 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.
