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 process under s. 227.26 (4), Stats. PROPOSED ORDER
An order of the department of agriculture, trade and consumer protection to amend s. ATCP 29.11 (8) (a) and to repeal s. ATCP 29.11 (8) (b) relating to pesticide manufacturers and labelers; fees.
_Toc20021611Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutes Interpreted: s. 94.681, Stats. Explanation of Agency Authority
The department has authority under ss. 93.07 (1) and 94.69 (1), Stats., to adopt rules which are necessary and proper to enforce ch. 94, Stats. The department has authority under s. 94.681, Stats., to collect fees and surcharges from pesticide manufacturers and labelers. Related Statutes and Rules
Brief Summary of Proposed Rule
Wisconsin Admin. Code s. ATCP 29.11 (8) (b) clarifies that paragraph (a) does not prohibit a reimbursement under s. 94.681 (3s) (b) 2., Stats., other than a reimbursement of amounts deposited to the environmental fund under s. 94.681 (7), Stats., provided that the reimbursement under s. 94.681 (3s) (b) 2., Stats., is made in the form of a credit against amounts owed under this section in the next license year. Section ATCP 29.11 (8) (b) is unauthorized due to s. 94.681 (3s) (b) 2., Stats. Wisconsin Stat. s. 94.681 (3s) (b) 2. was repealed in 2017 Wisconsin Act 59 and the department no longer has authority to reimburse pesticide registrations through the annual reconciliation process. Therefore, the department has determined that Wis. Admin. Code s. ATCP 29.11 (8) (b) and the reference to it which appears as “Except as provided in par. (b)” in s. ATCP 29.11 (8) (a) are unauthorized due to the passage of 2017 Wisconsin Act 59 and seeks the repeal of these sections pursuant to s. 227.26 (4), Stats.
Department Contact Person
Rose Thrun, Program and Policy Analyst
Division of Agricultural Resource Management
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
(608) 224-4509
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TEXT OF RULE
Section 1. ATCP 29.11 (8) is repealed and is amended to read:
ATCP 29.11 (8) Fees and surcharges nonrefundable. The department may not refund a fee or surcharge under this section after the department issues a license under s. ATCP 29.10 to the person who paid the fee or surcharge, unless the fee or surcharge was not properly collected or charged. Section 2. EFFECTIVE DATE. The rule repealed in this order and the reference to it 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 April 2025.
