Wisconsin Administrative Code Department of Agriculture, Trade and Consumer Protection
Wisconsin Administrative Code — Department of Agriculture, Trade and Consumer Protection (DATCP)
1. Overview of the Department of Agriculture, Trade and Consumer Protection (DATCP)
The DATCP is a Wisconsin state agency responsible for:
Promoting and regulating agriculture and trade.
Protecting consumers from unfair business practices.
Ensuring food safety.
Supporting farmers and businesses in the agricultural sector.
Enforcing laws related to pesticides, animal health, food safety, weights and measures, and consumer protection.
2. Role of the Wisconsin Administrative Code
The Wisconsin Administrative Code is a compilation of rules adopted by state agencies like the DATCP to implement and enforce the laws passed by the Wisconsin Legislature.
The rules provide detailed guidance on how the department carries out its functions.
They regulate everything from licensing, inspections, certifications, to enforcement of consumer protection laws.
3. Key Areas Governed by DATCP Administrative Code
The DATCP's section of the Wisconsin Administrative Code covers several important areas, including but not limited to:
a) Agricultural Practices and Animal Health
Rules governing livestock health, animal disease control, and animal welfare standards.
Licensing requirements for livestock dealers, animal shelters, and veterinary facilities.
Regulations on animal identification and movement.
b) Pesticides and Fertilizers
Licensing and certification for pesticide applicators.
Standards for safe pesticide use and storage.
Regulations related to fertilizer labeling and application to protect the environment.
c) Food Safety and Inspection
Rules for food processing, retail food establishments, and food handling.
Inspection standards for dairy products, meat, and produce.
Licensing requirements for food manufacturers and distributors.
d) Weights and Measures
Regulation of commercial weighing and measuring devices (scales, fuel pumps).
Certification and inspection procedures to ensure accuracy and fairness in trade.
e) Consumer Protection
Rules addressing unfair or deceptive business practices.
Licensing and regulations of trade businesses like home inspectors, commercial kennels, and more.
Enforcement of truth-in-advertising laws.
Procedures for consumer complaints and dispute resolution.
f) Agricultural Marketing and Trade
Regulation of marketing agreements.
Rules related to commodity grading and labeling.
Licensing for grain dealers and warehouse operators.
4. Examples of Specific Rules Under DATCP Code
Pesticide Applicator Certification:
Individuals applying restricted-use pesticides must complete training and pass a certification exam.
Regular recertification and continuing education are required.
The code outlines violations and penalties for misuse.
Consumer Protection Regulations:
Businesses must avoid deceptive advertising.
Clear disclosure of product or service terms is mandatory.
The code details complaint procedures and investigation processes.
Food Safety Inspections:
Food facilities must comply with sanitation standards.
Employees must be trained in safe food handling.
Regular inspections and follow-ups are required to maintain licenses.
5. Importance of DATCP Administrative Code
Provides clear, enforceable rules to ensure safety and fairness in agriculture, trade, and consumer transactions.
Protects Wisconsin consumers from fraud, unsafe products, and unfair practices.
Supports the agricultural economy by ensuring consistent standards.
Helps businesses understand their responsibilities and comply with state laws.
6. Enforcement and Compliance
DATCP inspectors conduct routine and complaint-based inspections.
The department may impose fines, revoke licenses, or take legal action against violators.
The Administrative Code establishes procedures for hearings and appeals related to enforcement actions.
7. Updating the Code
The Administrative Code is regularly updated to reflect new laws, technological advances, and policy changes.
Proposed changes undergo a public notice and comment period before adoption.
Summary
The Wisconsin Administrative Code for the Department of Agriculture, Trade and Consumer Protection sets out detailed rules to regulate agriculture, protect consumers, ensure food safety, and promote fair trade. It supports the department’s mission by providing a legal framework for licensing, inspections, enforcement, and consumer protection, helping maintain public trust and economic stability in Wisconsin.
0 comments