STATE OF WISCONSIN
DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION
PROPOSED ORDER OF THE DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION REPEALING A RULE
The Wisconsin department of agriculture, trade and consumer protection (department) is petitioning the joint committee for review of administrative rules to repeal a rule the department has determined to be an unauthorized rule using the processes under s. 227.26 (4), Stats. PROPOSED ORDER
An order of the department of agriculture, trade and consumer protection to repeal ATCP 160.05 (4), 160.39 (4), and 160.49 (5) relating to county and district fairs.
Analysis Prepared by the Department of Agriculture,
Trade and Consumer Protection
Statutes Interpreted: s. 93.23, Stats. Explanation of Agency Authority
The department has general authority under s. 93.07 (1), Stats., to adopt rules which are necessary and proper to enforce ch. 93, Stats. The department has explicit authority under s. 93.23, Stats., to adopt rules as to premiums offered, amounts to be paid, entry fees to be charged, and all other charges for exhibiting. In addition, in order to have a more equitable distribution of state aid among fairs and to effect wider participation and interest by the public, the department may prescribe uniform premium lists setting forth classes of exhibits approved for state aid, premium awards in such classes and entry qualifications, fees and charges for exhibitors. Related Statutes and Rules
Brief Summary of Proposed Rule
Wisconsin Admin. Code ss. ATCP 160.05(4), 160.39(4), and 160.49(5) prohibit the payment of state aid to award a premium to an exhibitor who exhibits an animal or an item that has been exhibited previously in a state funded fair in that calendar year and resulted in a premium being awarded for that item or animal. In 2023 Wisconsin Act 244, s. 93.23, Stats., was changed to prevent the department from restricting the number of fairs at which an exhibitor may participate and be eligible to receive state-aided premium awards. Therefore, the department has determined that Wis. Admin. Code ss. ATCP 160.05 (4), 160.39 (4), and 160.49 (5) are unauthorized due to the passage of 2023 Wisconsin Act 244 and seeks the repeal of these sections pursuant to s. 227.26 (4), Stats.
Department Contact Person
Julie Schmidt, Program and Policy Analyst
Division of Agricultural Development
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
(608) 381-2808
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TEXT OF RULE
Section 1. ATCP 160.05 (4) is repealed.
Section 2. ATCP 160.39 (4) is repealed.
Section 3. ATCP 160.49 (5) is repealed.
Section 4. EFFECTIVE DATE. The rule repealed in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats. _____________________________________________________________________________________
(END OF TEXT OF RULE)
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Dated this _____ day of January 2024.
WISCONSIN DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION
