Statement of Scope
Department of Agriculture, Trade and Consumer Protection (DATCP)
Rule Number:
Ch.
ATCP 20
, Wis. Adm. Code (Existing)
Relating to:
Seed Labeling
and Sale
1. Description of the objective of the rule:
This proposed rule would modify current
seed labeling rules in order to address
the
non-commercial
public and private exchange
of
small quantities of
agricultural seed
(as defined in s.
ATCP 20.01 (1)
)
, for example, seed exchanges hosted by public libraries
or local gardening associations
.
T
his modification is specifically for such seed
within the state of Wisconsin
that is not sold,
nor
offered for sale,
n
or distributed for sale.
This modification
will
address only such seed that is donated or freely exchanged.
The objective of the rule change is to address and define non-commercial distribution in order to identify possible regulatory licensing exemptions or alternate labeling requirements for such activity.
2. Description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives; the history, background and justification for the proposed rule:
History and background
:
DATCP has general authority, under s.
93.07
(1)
,
Wis.
Stats., to interpret laws under its jurisdiction. DATCP has specific authority, under s.
94.45
(6)
,
Wis.
Stats., to promulgate rules
prescribing standards
for t
he labeling,
sampling, testing,
distribution and sale of agricultural seed
and vegetable seed
.
Proposed policies
:
This proposed rule
change
would more clearly define
s.
ATCP 20.01
(33)
“Seed Labeler” and create a
policy
gover
ning the labeling
of seed
made publicly available
at seed libraries
and other venues of
non-commercial
seed exchange
.
Policy Alternatives
:
If
DATCP does nothing,
seed libraries and
non-commercial
seed exchanges may be at risk of prosecution for violation of s. ATCP 20.
Home g
ardeners, the seed industry
and the environment
may be
at greater risk of the spread of restricted and prohibited noxious weed seed.
Currently i
t is not clear to what standards
such
s
eed
exchanges
can
or should
be held for seed labeling.
Users of
such
seed
exchanges
may not be aware of the risks of
sowing
donated or free seeds
.
3. Statutory authority for the rule (including the statutory citation and language):
93.07 Department duties. It shall be the duty of the department:
(1)
R
egulations
. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of chs.
93
to
100
, which regulations shall have the force of law.
94.45 Powers and authority of the department.
(6)
The department shall promulgate rules that do all of the following:
(a) Prescribe standards for the labeling, distribution, and sale of agricultural seed and vegetable seed.
(b) Govern methods of sampling, inspecting, analyzing, testing, and examining agricultural seed and vegetable seed.
(c) Prescribe tolerances for purity and rate of germination of agricultural seed and vegetable seed.
(d) Prescribe tolerances for the occurrence of noxious weed seeds in agricultural seed and vegetable seed.
(e) Identify noxious weeds and prohibited noxious weeds.
(f) Govern the issuance of seed labeler licenses.
(g) Govern the administration and enforcement of ss.
94.38
to
94.46
.
4. Estimate of the amount of time that state employees will spend to develop the rule and of other resources necessary to develop the rule:
DATCP estimates that it will use approximately 0.1 FTE staff time to develop these rules. This includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings, and communicating with affected persons and groups. DATCP will use existing staff to develop this rule
.
5. Description of all entities that may be impacted by the rule:
This rule wil
l affect seed libraries and
other venues of
non-commercial
seed exchange and
any person using
such entities
as a seed source.
6. Summary and preliminary comparison of any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule:
The Federal Seed Act (
7 USC
1511-1611
)
governs the l
abeling
of a
gricultural seed intended for interstate commerce.
This proposed rule
change
is
intended to address
the regulation of non-commercial distribution
of
agricultural
seed within Wisconsin. It
is not effected by
and does not conflict with existing federal law
.
7. Anticipated economic impact
:
DATCP expects the proposed rule to have minimal economic
impact statewide and locally.
Contact Person:
Gregory Helmbrecht
,
State
Seed Control Official,
DATCP;
Phone (608) 224-4596
