DATCP Docket: 22-R-13
Clearinghouse Rule:
THE DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION’S PROPOSED ORDER TO ADOPT PERMANENT RULES
PROPOSED ORDER
The Wisconsin Department of Agriculture, Trade and Consumer Protection proposes an order
to repeal ATCP 12.01 (2), (4), (5), (8r), (8y), (9), (10), (12), (12m), (12p), and (20) (d) and (e), 12.02 (8) (i), (11) (title), (intro.), and (a), 12.03 (10), 12.04 (9) (title) and (a), 12.045 (6) (b) 2. (Note), and 12.06 (1s) (g); to renumber and amend ATCP 12.02 (11) (b) and (c), and 12.04 (9) (b); to amend ATCP 12.01 (7), (8x), (19) (a), (20) (a) and (c) 1., (24m), and (25), 12.02 (2) (a) and (c), (3) (a), (4) (a) 1. to 3., (8) (c), (g), and (L), (9) (a) (intro.) and 4., and (9m) (a), 12.03 (4) (a), (5) (a), (9a) (b) and (j), and (9m) (a), 12.04 (2) (b) 1., (c) 2., and (d), (3) (a), (4) (a), (8) (f), and (8m) (a), 12.045 (1) (title), (a), and (b), (2) (title) and (a) (intro.) and 3., (3) (a) and (b), and (6) (intro.) and (b) 1. and 2., 12.05 (1) (a) and (b) 1., (2) (b) 1., and (3), 12.06 (1m) (c), (f), (g), (i), (1s) (d), and (f), 12.08 (1) (a), and (28); to repeal and recreate ATCP 12.01 (5) and (11), 12.06 (1m) (a) and (b), (1s) (a) and (b), and 12.08 (8); and to create ATCP 12.01 (8g), (19) (a) (Note), (20) (a) 1. and 2. and (c) 4., and (24g), 12.03 (1) (e), (2) (g) and (h), and (9) (L), 12.05 (1) (a) 1. to 4., 12.06 (1m) (bg), (br), (c) 1. and 2., (cm), (i) 1. to 5., and (L), and (1s) (f) 1. to 5., relating to animal markets, dealers, and truckers, including fees, and affecting small businesses.
_Toc20021611Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection Explanation of Agency Authority
Wis. Stat. § 95.68 (2m) (b) authorizes the Department to promulgate rules exempting groups or persons from the licensing requirement of animal markets or animal transport vehicles. Wis. Stat. § 95.68 (4) authorizes the Department to charge fees for the licensing of animal markets and the reinspection of animal markets. Wis. Stat. § 95.68 (8) authorizes the Department to promulgate rules related to animal markets. Wis. Stat. § 95.69 (2m) authorizes the Department to promulgate rules exempting groups or persons from the licensing requirement of animal dealers or animal transport vehicles. Wis. Stat. § 95.69 (4) authorizes the Department to charge fees for the licensing of animal dealers and the reinspection of animal dealers. Wis. Stat. § 95.69 (8) authorizes the Department to promulgate rules related to animal dealers. Wis. Stat. § 95.71 (5) authorizes the Department to charge fees for the licensing of animal truckers, registration of animal transport vehicles, and the reinspection of animal truckers. Wis. Stat. § 95.71 (8) authorizes the Department to promulgate rules related to animal truckers. Related Statutes and Rules
Wis. Stat. ch. 93 relating to the Department of Agriculture, Trade and Consumer Protection, Wis. Stat. ch. 95 relating to animal health, and Wis. Admin. Code ch. ATCP 12 relating to animal markets, dealers, and truckers. Plain Language Analysis
Fees
The proposed rule modifies and increases fees for animal markets, animal dealers, and animal truckers. Most fees in this rule were last increased in 2009 (CR 07-61). Over time, standard costs have continued to increase. The associated program revenue appropriation (appropriated by Wis. Stat. § 20.115 (2) (ha)) no longer has adequate revenue to recover costs. DATCP is not able to reduce expenditures to the level of current revenues without resulting in a failure to fulfill statutory requirements under Wis. Stat. chs. 93 and 95. The following table shows the current and proposed fee amounts.
[See PDF for image]
The proposed fees would ensure recovery of annual program costs and would gradually eliminate the projected negative cash balance over a period of years. Without the proposed fee increase, the appropriation would operate in a negative cash balance until a different change occurs, such as the creation of an alternative funding source or a statutory change. The Department would report the negative cash balance to the Joint Committee on Finance.
Program
The proposed rule also modifies ch. ATCP 12 for improvements and updates. General
Minor language changes are made throughout ch. ATCP 12 for updates, clarity, and consistency. For example, “USDA” is standardized to “U.S. department of agriculture” throughout the chapter. Language is added to the license applications to require the name of an individual as authorized license contact.
The current requirement to provide adequate food, water, shelter, bedding, and pen space is amended to mirror language in Wis. Stat. s. 951.13 and 951.14. The current requirement to remove market bovine calves less than 12 weeks old from the animal market within 24 hours of sale is amended to apply to any animals under 12 weeks old. The current rule requires that animal markets remove these animals within 24 hours, and the proposed rule adds this language to the requirements for animal dealers as well. The requirement to comply with federal regulations when moving cattle interstate is amended to apply to any livestock.
Definitions
Definitions are amended for updates and clarity. Unnecessary definitions for terms that are not used in ch. ATCP 12 are repealed. Additional terms are defined for clarity and consistency. The definition of official individual identification for bovines is updated to reflect current USDA requirements. The definition of official individual identification for equines is updated to allow more flexibility. The definition of shipment to slaughter is amended to clarify that a licensed animal dealer is allowed to move purchased animals from a licensed animal market to the dealer’s premises and then to a licensed slaughtering establishment, as long as the animals are not commingled with animals that are not in shipment to slaughter.
Animal Markets
The proposed rule amends class B markets to allow 12 sales per year, rather than the current 4. Entities who hold sales 5 to 12 times per year, who would currently have to license as class A, would instead license as class B. This change influences the fee impacts, as the class B license fee is lower than the class A license fee.
The current requirement for animal markets to be equipped with an animal chute and head gate, except for markets used exclusively to sell equine animals or wild animals, is amended to apply only to animal markets that sell farm-raised deer or bovine animals, except for fawns and baby calves.
