This rule spells out basic standards for storing, shipping and handling certified seed potatoes, to prevent disease contamination. This rule modernizes current standards. For example, this rule eliminates the current requirement that “foundation" seed potatoes be shipped in bags (it allows bulk shipments) and addresses shipment in totes. This rule also eliminates the current requirement that bags or trucks be sealed with a metal seal.

Under this rule, no person may do any of the following:

• Sell or represent potatoes as certified seed potatoes unless they are certified, graded and labeled under this rule, or by another state under standards equivalent to those in this rule.

• Sell or represent potatoes as Wisconsin certified seed potatoes unless they are certified by the college and graded by DATCP under this rule.

• Misrepresent the terms, conditions or basis for any seed potato certification.

The college may withdraw certification if a seed potato seller misrepresents the terms of the certification. DATCP may also prosecute fraudulent misrepresentations in court. Buyers who suffer monetary loss because of fraudulent misrepresentations have a private remedy for double damages, court costs and attorney fees.

Current rules provide no mechanism by which a seed potato grower may seek review of an adverse certification decision by the college. Under this rule, a seed potato grower may request an informal meeting with the college to review an adverse decision. The college must hold the informal meeting within 30 days, unless the requester agrees to a later date. The meeting may be held by telephone.

If the matter is not resolved after the informal meeting with the college, the seed potato grower may request a contested case hearing before DATCP. DATCP may reverse, modify or remand a decision of the college if DATCP finds that the decision is contrary to this rule. However, DATCP may not reverse, modify or remand a matter that this rule leaves to the discretion of the college.

This rule clarifies, but does not substantially alter, the standards for DATCP grading of seed potatoes certified by the college. This rule prohibits misrepresentations of grade. This rule describes the current mechanism by which a person adversely affected by a DATCP grading decision may request a contested case hearing.

This rule will not have a significant fiscal impact on DATCP or the college. This rule will not affect local units of government. A complete fiscal estimate is attached.

This rule applies to seed potato growers who wish to produce and sell certified seed potatoes (participation is voluntary, and there is nothing to prohibit sales of uncertified seed potatoes). It also applies to laboratories and greenhouses that provide propagative material used to grow certified seed potatoes. Many of these businesses may qualify as “small businesses."

This rule does not apply to any of the following:

• Producers who grow potatoes only for consumption, and not for seed.

• Producers who grow potatoes for seed, but do not wish to have their seed potatoes certified and graded (participation is voluntary).

• Home gardens.

This rule will assist the Wisconsin potato industry, including seed potato growers. This rule is not expected to have any significant adverse impact on seed potato growers or other sectors of the Wisconsin potato industry. Participation is voluntary.

This rule modernizes Wisconsin's certified seed potato rule to address changing industry practices and standards. Among other things, this rule:

• Clarifies current certification standards and procedures.

• Allows seed potato growers to obtain propagative material from a wider array of sources. This will help satisfy emerging demands for rapid introduction of new potato varieties, often from out-of-state sources. This rule includes safeguards to ensure that seed potatoes from these sources are not diseased. Laboratories and greenhouses producing propagative material must be approved by the college, and the college must pre-approve propagative material before growers in this state plant the propagative material to produce certified seed potatoes.

• Provides for more targeted response to findings of bacterial ring rot. This rule provides continued strong protection against bacterial ring rot, but reduces the threat of devastating business losses to seed potato growers.

• Updates current disease tolerances, to reflect current interstate and international standards. The college may also grant written variances for individual lots if special conditions justify the variance, and if the college finds that the variance does not create a risk of harm to other potato producers, to the potato industry, or to consumers.

• Provides for certification reciprocity between states. Seed potatoes certified in another state may be sold as certified seed potatoes in Wisconsin, provided that the other state reciprocates, and provided that the other state applies certification standards and procedures that are equivalent to those applied in Wisconsin. Seed potatoes certified in another state may not be represented as Wisconsin certified seed potatoes, and must be labeled to show certification in another state.

• Modernizes requirements for certified seed potato labeling, shipping and handling.

• Provides a mechanism by which a seed potato grower may obtain informal and formal review of an adverse certification decision by the college.

• Prohibits fraudulent sales of uncertified seed as certified seed.

This rule makes minor changes related to certification application, certification procedure, recordkeeping, and certified seed potato handling and labeling. However, none of these changes will have a significant adverse impact on potato growers.

Because this rule has no significant adverse impact on small business, it is not subject to the delayed small business effective date provided in s. ATCP 227.22(2)(e), Stats. DATCP has not incorporated a small business enforcement policy in this rule, pursuant to 2003 Wis. Act 145, because participation in the seed potato certification program is voluntary. DATCP has proposed a separate rule related to the exercise of enforcement discretion under all of its rules.

This rule will have no significant environmental impact, compared to current rules. This rule, like the current rules, will help to prevent the introduction and spread of serious potato diseases in this state. No environmental impact statement is required.

There are no comparable federal programs related to the certification of seed potatoes. The United States department of agriculture, animal and plant health inspection service, is currently developing a proposed memorandum of understanding with states to standardize seed potato certification between states, and to ensure that certification meets minimum standards. This rule is consistent with the proposed memorandum of understanding.

Michigan. Michigan recently changed its seed potato certification rules. The changes make the Michigan rules more consistent with Wisconsin rules. Conversely, this rule will also make Wisconsin rules more consistent with Michigan rules. For example:

• Michigan's rule allows variances from certification standards for good cause (such as a statewide shortage of certified seed potatoes). This rule will allow the college to grant similar variances.

• Michigan's rule has a zero tolerance for potato spindle tuber. This rule also specifies a zero tolerance for spindle tuber.

• Michigan's rule does not require certified “foundation" seed to be shipped in bags (it allows bulk shipments). This rule also allows bulk shipments, and eliminates the current bagging requirement in Wisconsin.

Minnesota. Minnesota's seed potato certification rule is similar to Wisconsin's. But unlike Wisconsin, Minnesota also restricts the planting of uncertified seed potatoes. The Minnesota rules prohibit a person from planting more than 10 acres of uncertified seed potatoes unless those seed potatoes have passed a field inspection. The field inspection must show compliance with disease standards similar to those that apply to certified seed potatoes (among other things, the potatoes must be free of ring rot).

This rule will make Wisconsin rules more consistent, in certain areas, with Minnesota rules. For example:

• Minnesota's rule allows variances from certification standards for good cause (such as a statewide shortage of certified seed potatoes). This rule will allow the college to grant similar variances.

• Minnesota's rule has a zero tolerance for potato spindle tuber. This rule also specifies a zero tolerance for spindle tuber.

• Minnesota's rule does not require certified “foundation" seed to be shipped in bags (it allows bulk shipments). This rule also allows bulk shipments, and eliminates the current bagging requirement in Wisconsin.

• Minnesota's rule provides for a more targeted response to bacterial ring rot findings. This rule adopts a similar approach in Wisconsin.

• Minnesota's rule allows growers to apply for certification of protected varieties, if they have permission to grow those varieties (the rule does not otherwise regulate the planting of protected varieties). This rule takes a similar approach.

Indiana, Illinois & Iowa. Indiana, Illinois and Iowa do not produce seed potatoes and do not have seed potato certification rules.

Questions and comments related to this rule may be directed to the following persons:

Comments for the Hearing Record:

Department of Agriculture, Trade and Consumer
Protection
P. O. Box 8911, Madison, WI 53708-8911
Attn: Kevin LeRoy
Telephone: (608) 224-4928
E-mail: Kevin.Leroy@datcp.state.wi.us

Other Questions or Comments:

Department of Plant Pathology
University of Wisconsin-Madison
1630 Linden Dr.
Madison, WI 53706
Attn: Dr. Amy Charkowski, Assistant Professor
(Administrative Director)
Telephone: (608) 262-7911
E-mail: Amy Charkowski [amyc@plantpath.wisc.edu]

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting s. 443.06, Stats., the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors will hold a public hearing at the time and place indicated below to consider an order to repeal s. A-E 6.03 (1) (a) 1. i. and 2.d.; to amend ss. A-E 6.03 (1) (a) 1. a., b., c. and g., (2) (a) 2. e., and 6.04 (1) (b) and (2) (b); and to create s. A-E 6.03 (1) (b) 6. and 7., relating to land surveyor education and experience requirements.

Date:   August 3, 2006

Time:   9:45 a.m.

Location:   1400 East Washington Avenue

  Room 121C

  (Enter at 55 N. Dickinson Street)

  Madison, Wisconsin

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at pamela.haack@drl.state.wi.us. Comments must be received on or before August 3, 2006 to be included in the record of rule-making proceedings.

Statute interpreted:   Section 443.06, Stats.

Statutory authority:   Sections 15.08 (5) (b) and 227.11 (2),
    Stats.

The Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors, under the authority of s. 443.06, Stats, may establish the requirements for registration as a land surveyor.

There are no other statutes or rules other than those listed above.

The proposed revision to s. A-E 6.03 changes the current rules to recognize and incorporate developments in the land surveyor profession, including new experience options in the field of surveying. The proposed revision of s. A-E 6.03 modifies the experience requirement to include the preparation of transportation project plats and condominium plats. The revisions also clarify the type of other experience that would be allowed to satisfy the requirements for licensure.

The proposed revisions to s. A-E 6.04 reflect changes in the land surveying curriculum as a result of advances in surveying technology. The revisions specifically recognize that such courses satisfy the educational requirements for registration as a land surveyor in Wisconsin.

SECTION 1 adds the language “interpreting legal descriptions, deeds and survey maps" to the qualifying work experience requirement in s. A-E 6.03 (1) (a) 1. a. SECTION 1 also eliminates the term “relocate" because it is redundant and the actual surveying function is the “location" of lost corners. And SECTION 1 adds language describing the type of land survey system corners (USPLS) involved in location surveys.

SECTION 2 is being revised to eliminate the writing and interpreting land descriptions provision because it was added to s. A-E 6.01 (1) (a) 1. a. The provision also eliminates the preparation of certain types of maps as qualifying experience due to changes in the field of surveying.

SECTION 3 modifies the existing language to specify the type of official plats and maps which satisfy the qualifying experience in s. A-E 6.03 (1) (a) 2. e.

SECTION 4 creates two additional types of work experience which satisfy the one-third experience requirement in s. A-E 6.03 (1) (b).

SECTION 5 is being revised to add additional acceptable courses due to changes in the land surveying curriculum. SECTION 5 also adds a specific minimum number of credits, 16, out of a total number of 24 semester credits required in principles of land surveying and technical aspects of land surveying for applicants with a bachelor's degree in civil engineering. The change also allows applicants with civil engineering degrees to receive a specified number of semester credits, 8, in other survey-related courses.

There is no existing or proposed federal regulation.

No study resulting in the collection of factual data was used relating to this rule. The primary methodology for revising the rule is the board's analysis and determination that a rule change is necessary.

The proposed rule would change the education and experience requirements for registration as a land surveyor in Wisconsin. There are 1579 active land surveyors licensed in Wisconsin. Of the active 1579 land surveyor licensees in Wisconsin, a significant percentage of them probably work in small businesses.