Rules Published with this Register and Final Regulatory Flexibility Analyses
The following administrative rule orders have been adopted and published in this edition of the Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
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Agriculture, Trade and Consumer Protection
Renumbers Chapter
ATCP 157
to be
ATCP 87
and amends, relating to Wisconsin Certified Honey and the sale of products represented as honey. Effective 2-1-12.
Summary of Final Regulatory Flexibility Analysis
This rule will prohibit the fraudulent sale of adulterated or non-honey products as "honey." The prohibition will benefit producers and sellers of real honey. This rule makes no exemption for small businesses, because small businesses as well as large businesses must refrain from fraudulent practices.
This rule also creates a "Wisconsin certified honey" program. Under this program, a honey producer may voluntarily apply to DATCP for biennial approval to sell honey as "Wisconsin certified honey" (DATCP approval is not required to sell honey, unless the honey is represented as "Wisconsin certified honey"). "Wisconsin certified honey" must be collected from hives in this state, and must comply with the honey standard in this rule. The producer must biennially submit a summary of lab test results and the methods used to obtain the results to document compliance with the honey standard.
DATCP estimates that 50 of the 900 honey producers in Wisconsin will apply for biennial approval to sell their honey as "Wisconsin certified honey." Most, if not all, of those producers are "small businesses." Participating producers will pay for biennial lab testing estimated to be $250 and must pay a $50 biennial fee to DATCP. However, participation is voluntary and there will not be a significant financial impact on participating producers.
Comments from Legislative Committees (Summary)
On September 15, 2011, DATCP transmitted the above rule for legislative committee review. The rule was referred to the Senate Committee on Agriculture, Forestry, and Higher Education and the Assembly Committee on Agriculture. Neither committee took action on the rule. The Senate referred the rule to the Joint Committee for Review of Administrative Rules (JCRAR) on October 20, 2011 and the Assembly referred the rule to JCRAR on October 26, 2011. JCRAR took no action on the rule.
Natural Resources
Environmental Protection — Air Pollution Control
Chs. NR 400—
Revises Chapters
NR 400
,
419
,
420
,
421
,
422
,
423
,
439
and
484
, relating to the correction of deficiencies identified by the U.S. Environmental Protection Agency with a portion of the state's current volatile organic compound reasonably available control technology rules. Effective 2-1-12.
Summary of Final Regulatory Flexibility Analysis
The Department does not believe that the proposed rule revisions will have a significant economic impact for individual small businesses. For industrial solvent cleaning operations, the applicability threshold is 3 tons of volatile organic compound emissions from a facility on a 12 consecutive month rolling basis with all control equipment inoperative. The Department believes that this threshold will not affect the majority of small businesses. In addition, while industrial wastewater collection and treatment, and synthetic organic chemical manufacturing are affected by these rules, due the nature and complexity of these operations it is highly unlikely that small business, as defined in s.
227.114 (1)
, Wis. Stats., would have such an operation that triggers the volatile organic compound emission control requirements for these source categories.
Summary of Comments of Legislative Standing Committees
The rules were reviewed by the Assembly Committee on Natural Resources, the Senate Committee on Natural Resources and Environment, and the Joint Committee for Review of Administrative Rules. No comments or requests for modification were received from the committees.
Safety and Professional Services
Revises section
SPS 4.08
(formerly RL 4.08), relating to background checks and fingerprinting. Effective 2-1-12.
Summary of Final Regulatory Flexibility Analysis
On May 19, 2011, the department's Small Business Review Advisory Committee determined that the proposed rule will not have any significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1)
, Stats.
Summary of Comments of Legislative Standing Committees
No comments were reported.
Safety and Professional Services
An order of the Department of Safety and Professional Services to revise section
SPS 128.03 (1) (b)
; and to create section
SPS 128.04 (6) (c)
, (formerly RL 128.03 (1) (b) and 128.04 (6) (c)), relating to continuing education for auctioneers. Effective 2-1-12.
Summary of Final Regulatory Flexibility Analysis
These proposed rules were reviewed by the Small Business Review Advisory Committee and it was determined that the rules will not have a significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1)
, Stats.
Summary of Comments of Legislative Standing Committees
No comments were reported.
