EmR1513 Grain dealer and grain warehouse keeper agricultural producer security fund assessments  

  • Wisconsin Department of Agriculture, Trade and Consumer Protection
    Initial Regulatory Flexibility Analysis
    Rule Subject:   Grain Dealers and Grain Warehouse Keepers
    Adm. Code Reference:   ATCP 99
    Rules Clearinghouse #:   N/A
    DATCP Docket #:     15-R- 03
    Rule Summary
    This rule does the following:
    A mends one of 3 fund assessment exemption requirements for grain dealers and grain warehouse keepers , reducing the overall fund minimum balance requirement from $11 million to $5 million.
    Small Business Affected
    This rule will have a positive impact on grain dealer and grain warehouse businesses by allowing those that meet fund assessment exemption requirements under ATCP 99.126 (5 ) (a) and (b) , and ATCP 99.235 (4), (a) and (b) to not pay fund assessments if the producer security overall fund balance is at least $5 million on May 3 1 of the preceding license year. The grain industry would otherwise be r equired to pay an additional $250,000 - $3 00,000 annually, until the overall fund balance reaches a minimum of $11 million.
    This rule could have a ne gative effect on small milk, grain and vegetable producer businesses that could potentially be impacted by the lower agricultural producer security overall fund balance, in the event of future large defaults.
    Recordkeeping requirements
    This rule does not present changes to recordkeeping requirements.
    Accommodation for Small Business
    Many of the businesses affected by this rule are “small businesses.” However, given the subject matter, there are very few accommodations or special exceptions that can be made for small businesses.
    Conclusion
    This rule will have significant impact on e ffected businesses, including “small businesses.” Negative effects , if any, would result only in the event of a large default by dairy, grain or vegetable contractors . This rule will not have a significant adverse effect on “small business,” and is not subject to the delayed “small business” effective date provided in s. 227.22(2 )( e) , Stats.

Document Information

Rule Text:
EmR1513_Rule_Text.pdf
EmR113 Initial Regulatory Flexibility Analysis:
emr113_initial_regulatory_flexibility_analysis.pdf
Fiscal Estimate:
EmR1513_Fiscal_Estimate.pdf