Contact Person:

Mike Friis

Department of Administration

(608) 267-7982 (telephone)

Text of Rule:

Section 1. Adm 47.02 (2) is repealed.

Section 2. Adm 47.02(3) through (11) are renumbered Adm 47.02(2) through (10), and Adm 47.02(2), as renumbered, is amended to read:

(2) “County-wide plan for land records modernization" means the plan under s. 59.72 (3) (b), Stats., approved by the board department under s. 16.967 (3) (e), Stats.

Section 3: Adm 47.03 (intro.) is amended to read:

Adm 47.03 Eligible projects and activities. A county may apply to the board department for a grant for any of the following projects:

Section 4. Adm 47.04 (intro.) is amended to read:

Adm 47.04 Grants. Subject to availability of funds, the board department shall determine annual grant amounts for eligible projects under s. Adm 47.03, by October 15, of each year. A grant may not exceed $100,000. The board department may award more than one grant to a county board as provided by s. 16.967 (7) (b), Stats. Any funds not granted in any given year shall remain available for general distribution to eligible local units of government, at the discretion of the board department in future grant cycles. In carrying out its duties under this section, the department may seek advice and assistance from state agencies, local governmental units, and other experts involved in collecting and managing land information. The board department may provide the following grant categories:

Section 5: Adm 47.04(2) is amended to read:

(2) Land information system base budget grants for eligible projects and activities provided in s. Adm 47.03 (1) through (5), shall be available to provide a minimum funding level to enable a county land information office to develop, maintain and operate a basic land information system. To be eligible for this category, the fees that a county retained under the provisions of s. 59.72 (5) (b), Stats., shall be less than $35,000 $50,000 for the preceding fiscal year.

Section 6: Adm 47.04 (4) is amended to read:

(4) Strategic initiative grants for eligible projects and activities as provided in s. Adm 47.03 (1) through (5), for expediting and fostering statewide and regional strategic initiatives consistent with specific statutory requirements and standards adopted by the board department.

Note: The Wisconsin Land Information program statutes and the standards adopted by the Board Department may be obtained from the Department's Land Information Program Office at 17 South Fairchild Street, P.O. Box 8944, Madison, Wisconsin or at the following website: www.doa.state.wi.us/olis http://www.doa.state.wi.us/dir/index.asp.

Section 7: Adm 47.05 is amended to read:

Adm 47.05 Grant application. All applications shall be submitted on the authority of the county board on behalf of an eligible applicant. Application authority shall be obtained by specific action of the county board. The board department may request evidence of such authority. County boards may delegate their authority to apply for grants to the entity responsible for administration of the county land information office established under s. 59.72 (3), Stats. Any such delegation shall be explicit. All applications shall be fully completed and submitted on forms provided by the department before the deadline established by the board department. Applications shall be executed under the authority of both the county or delegated authority and the eligible applicant. The department shall give notice of application periods to county land information offices at least 90 days prior to the deadline for submission of applications.

Note: Grant Applications can be obtained by calling or writing the Wisconsin Land Information Program, Department of Administration, P. O. Box 1645 8944, Madison, WI 53701–1645 53708-8944 (telephone 608/267–2707 3369). The application may also be viewed and printed at the following website: www.doa.state.wi.us/olis http://www.doa.state.wi.us/dir/index.asp.

Section 8: Adm 47.06(intro.) is amended to read:

Adm 47.06 Evaluation criteria. Grant requests shall be reviewed and evaluated by department staff for board department approval. All grant applications shall be evaluated on the applicant's responsiveness to the following requirements:

Section 9: Adm 47.06(2) is amended to read:

(2) Projects shall meet or exceed all relevant statutory requirements and standards established by the board department under s. 16.967 (3)

Section 10. Adm 47.07 is amended to read:

Adm 47.07 Grant agreements. Grants are contingent upon the execution of a grant agreement. Failure of a grantee to execute a grant agreement shall result in withdrawal of the offer. The board, the department, and the grantee may negotiate the specific budget items, project goals, and other terms and conditions prior to the board department approving the grant. Terms of a grant award shall be administered through the grant agreement.

The state of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed repeal and recreation of chapter ATCP 156, Wis. Adm. Code, relating to Seed Potato Certification and Grading.

DATCP will hold three public hearings at the times and places shown below. DATCP invites the public to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until Thursday, August 31, 2006 for additional written comments. Comments may be sent to the Division of Trade and Consumer Protection at the address below, by email to kevin.leroy@datcp.state.wi.us or online at https://apps4. dhfs.state.wi.us/admrules/public/Home

You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Trade and Consumer Protection, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You may also obtain a copy by calling (608) 224-4928 or emailing kevin.leroy@datcp.state.wi.us. Copies will also be available at the hearings. To view the proposed rule online, go to:

To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to Keeley.Moll@datcp.state.wi.us or by telephone at (608) 224-5039.

Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by July 31, 2006, by writing to Kevin LeRoy, Division of Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4584. Alternatively, you may contact the DATCP TDD at (608) 224-5058. Handicap access is available at the hearings.

Monday, August 7, 2006

1:00 p.m. until 3:00 p.m.

Department of Agriculture, Trade and Consumer Protection

Board Room (CR-106)

2811 Agriculture Drive

Madison, Wisconsin, 53718-6777

Wednesday, August 9, 2006

10:00 a.m. until 11:30 a.m.

The Portage County Public Library

Charles M. White Library Building

The Pinery Room

1001 Main Street

Stevens Point, Wisconsin 54481

Wednesday, August 9, 2006

2:30 p.m. until 5:00 p.m.

Langlade County Fair Grounds

Clover Room, Multipurpose Building

1581 Neva Road

Antigo, Wisconsin, 54409-2340

This rule repeals and recreates current rules related to Wisconsin's certified seed potato program, a voluntary program for the certification and grading of seed potatoes in this state. The program is jointly administered by the Wisconsin department of agriculture, trade and consumer protection (“DATCP") and the university of Wisconsin college of agricultural and life sciences (the “college"). This rule updates and clarifies current certification standards and procedures.

Statutory authority: ss. 93.07 (1), 93.09, 100.14 (1) and 100.20 (2), Stats.

Statutes interpreted: ss. 93.06 (1), (1m), (1p), (1q) and (11), 93.09, 100.14 (1) and 100.20, Stats.

DATCP has broad authority, under s. 93.07(1), Stats., to adopt rules to implement laws under its jurisdiction. DATCP also has authority, under the above statutes, to adopt grading and certification standards for commodities, to provide grading and certification services upon request, and to recover the cost of the requested services. DATCP has authority, under s. 100.20, Stats., to prohibit unfair and deceptive business practices.

Under s. 93.06 (11), Stats., DATCP may cooperate with other entities and appoint agents for the administration of programs under its jurisdiction. DATCP administers the certified seed potato program pursuant to this rule and a memorandum of understanding with the college.

DATCP has delegated authority to the college to inspect and certify seed potatoes for disease risk. The college may charge fees to cover the college's costs of inspection and certification. Certification decisions by the college may be subject to administrative review by DATCP, as provided in this rule.

DATCP grades seed potatoes, once they are certified by the college. A person may not sell potatoes as Wisconsin certified seed potatoes unless the potatoes are certified by the college and graded by DATCP.

Wisconsin is one of the nation's largest potato producing states. Wisconsin's certified seed potato program helps Wisconsin's potato industry, by maintaining the quality and disease-free reliability of seed potatoes. Commercial potato growers can rely on the seed potatoes they purchase. Seed potato growers can market their seed potatoes more effectively, because buyers can purchase with confidence. Certification helps prevent the spread of serious and potentially devastating potato diseases, and facilitates the movement of seed potatoes in interstate and international commerce.

Seed potato certification and grading is voluntary, and is done at the request of the seed potato grower. Yet most Wisconsin potatoes are grown from certified seed, because certification helps buyers and sellers alike.

At the request of a seed potato grower, the college inspects seed potatoes for diseases and other conditions. The college then certifies the seed potatoes in appropriate categories based on predicted disease-free reliability. DATCP inspects and grades college-certified seed potatoes for other measures of quality. A grower may not sell potatoes as certified seed potatoes unless the potatoes have been certified by the college and graded by DATCP.

Seed potatoes are labeled with their certification and grade classifications, so that buyers know what they are getting. Certification and grade classifications affect purchase decisions and sale prices. DATCP and the college charge fees to cover the cost of requested grading and certification services.

The Certification Process

DATCP rules specify standards and procedures for seed potato certification and grading. Current rules are contained in ch. ATCP 156, Wis. Adm. Code. Historically, the college has provided disease-free propagative material used to grow multi-generational lines of certified seed potatoes in this state.

Seed potato growers plant propagative material provided by the college, and harvest the seed potatoes. Harvested seed potatoes may be sold to commercial growers, or replanted to produce subsequent generations of seed potatoes. If the seed potatoes are certified by the college (and graded by DATCP), they may be sold as certified seed potatoes (normally at a higher price). If they are certified as “foundation" seed potatoes, they may be replanted to produce subsequent generations of certified seed potatoes.

With each generation of planting in the field, the disease-free reliability of the seed potatoes (and hence their certification classification) is reduced. After a certain number of generations, seed potatoes may no longer be used as “foundation" seed potatoes to produce other certified seed potatoes. However, a seed potato grower may start a new line of certified seed potatoes, using new disease-free propagative material provided by the college or a comparable source.

As part of the certification process, the college samples and inspects growing and harvested seed potatoes. The college also conducts follow-up evaluations of potatoes grown from the certified “lot." The college looks for diseases of concern. The college may not certify a seed potato “lot" if samples from that “lot" fail to meet minimum disease standards.

If a “lot" meets minimum disease standards, the college assigns a classification code based on generation (with each year of field planting the classification drops one level, reflecting increased disease risk). Each “lot" is labeled with its assigned classification code.

Once the college has certified seed potatoes, and assigned a disease-risk classification, DATCP may grade the potatoes based on various quality factors. DATCP visually inspects samples of potatoes drawn from the graded “lot," and grades the “lot" according to DATCP rules. Each graded “lot" is labeled with its assigned grade.

Rule Changes Needed

In recent years, there has been increased demand for rapid introduction of new potato varieties, often from out-of-state sources. Biotechnology has expanded disease-testing options, and has facilitated the creation of new potato varieties and new forms of propagative material. There has been increased cooperation between states, aimed at standardizing seed potato certification.

These developments have not replaced the traditional certification program based on college propagative material, field inspection and “limited-generation" plantings. However, they do require some program changes and adaptations.

This rule provides a clearer, more up-to-date framework for the seed potato certification program administered by the college. Among other things, this rule:

• Clarifies and, in some cases, changes current certification standards and procedures.

• Eliminates some outdated requirements, and strengthens some disease-control standards.

• Recognizes new laboratory testing capabilities.

• Expands the number of sources from which growers may obtain propagative material for certified seed potatoes, while minimizing disease risk.

• Allows for variances in certification standards to accommodate unusual situations.