Wisconsin Department of Agriculture, Trade and
Consumer Protection
Initial
Regulatory
Flexibility
Analysis
Rule Subject:
Fertilizer Content Deficiencies
Adm. Code Reference:
ATCP 40
Rules Clearinghouse #:
Not yet assigned
DATCP Docket #:
14-R-14
Rule Summary
This rule modifies the existing s.
ATCP 40.14
, Wis. Admin. Code, in two ways. The rule:
Changes the
requirement that
the economic value
of primary nutrients actually present
must be less than
97%
, rather than 98%,
of the economic value of the amounts guaranteed; and
Updates the economic value formula used to determine the value of primary fertilizer
nutrients
nitrogen, phosphorus, and potassium, based on the current wholesale prices of those nutrients.
The
change in percentage
in the rule
will
bring Wisconsin’s formula in conformity with states such as Minnesota and Illinois
. The
change to the
economic value
formula
will
more accurately reflect the
relative
economic value of fertilizer
nutrients
in the
current
marketplace than the
economic value formula
presently in the
r
u
le
, which was developed over forty years ago.
Impact
on
Small Business
DATCP anticipates that this rule revision will have no negative economic impact on small business.
There are approximately 700 persons licensed to manufacture or distribute fertilizers in Wisconsin.
Affected business
es
include farm centers and cooperatives, and
manufacturers of nonagricultural and specialty fertilizers.
Up to 30% of these license holders may be small businesses.
Those business
es
that
manufacture or
otherwise label
fertilizer
s
will b
enefit from
th
is proposed
rule because
their
fertilizer products are
less likely to
be considered “mislabeled”
due to use of a formula that relies upon relative nutrient
values based on
costs
from
the 1970s.
The fertilizer industry serves about 30,000 Wisconsin farmers, many of whom are small businesses. This rule will benefit farmers by continuing to
ensure accurately labeled fertilizer products.
Reporting, Bookkeeping and other Procedures
The proposed rule creates no reporting, bookkeeping or other procedures for small businesses.
Professional Skills Required
The proposed rule does not require any professional skills for small businesses.
Accommodation for Small Business
This rule does not make
special accommodations
for small business because
no fertilizer business, large or small, is expected to need to change any manufacturing or labeling practices due to this rule.
Conclusion
This rule will generally benefit affected busines
ses, including “small businesses.” N
o negative effects are expected
. This rule will n
ot 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.
